[HISTORY: Adopted by the Village Council of the Village of New Haven as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-9-1924 by Ord. No. 10]
No person, firm or corporation shall conduct or maintain a so-called coffeehouse or place where beverages of the kind called soft drinks are dispensed or sold within the limits of the Village of New Haven without having obtained a license therefor from the Village Council of the Village of New Haven.
For the purpose of this article, the following terms shall have the meanings indicated:
- A coffeehouse or other place where beverages of the kind called soft drinks are dispensed is any room, place or building used for the business of serving coffee or beverages of any kind.
No coffeehouse or place where beverages of any kind called soft drinks are dispensed or sold shall be conducted or operated in any part of any building in which such business in conducted other than on the first or ground floor of the place or building in which such business is conducted.
All places of business licensed under this article shall during the hours prohibited to do business or be open have a light burning in said place located in such position in such place as to permit a clear view from the street of the interior of said place of business. Said light, if electricity is used, shall be of at least ten-watt power, or if gas, the equivalent of the same. Kerosene, oil or candle light shall not be permitted.
All places of business licensed under this article shall have either doors or windows so arranged that a clear view of the interior may be obtained from the street after closing such business places until they are reopened in the morning and during the prohibited hours for doing business or being open as in this article specified.
No licensee operating under the provisions of this article shall open his place of business or entertain customers therein, or shall he permit persons to be therein or remain thereabout, between the hours of 12:00 midnight and 6:00 in the morning of any day, city time, provided that the Village Council, if the public good demands it, permit business places operated solely as restaurants and engaged exclusively and only in the serving of goods and beverages connected with such business as the serving of goods and beverages connected with such business as coffee, tea, milk, etc., and no other beverages, to remain open during these prohibited hours; the time of opening and closing, however, to be specified in the license.
Every person, firm or corporation desiring to engage in or continue in the business of conducting a coffeehouse or selling or serving soft drinks shall make application in writing to the Village Council for a license for that purpose, stating the street and location of the place where such business is to be carried on, which application shall contain an agreement on the part of the applicant that said applicant will accept the license, if granted, upon the condition that it may be suspended or revoked at the will of the Village Council. The fee for such license shall be $5. Such license, when issued, shall state the street and location of the place of business as designated in the application and shall be fastened and hung up by the licensee in a conspicuous place in the room or the places used for the business in the license described. No license issued as aforesaid shall remain in force beyond the first Monday of January next after the issuance of the same.
The Village Council is hereby authorized to issue said license upon the making of the application as aforesaid or to refuse to issue said license if, upon the proper showing, the applicant is not the proper person or persons to conduct said place of business or that said applicant has been convicted for the violation of any of the terms of this article.
If any licensee operating under the terms of this article shall violate or fail to comply with any statute or Village ordinance applicable to said license, such act or commission or the part of said licensee shall be cause for the suspension or revocation of such license.
The Village Council may at any time suspend or revoke any license granted under this article and order the business licensed to be closed. All licenses granted hereunder are issued and accepted with the understanding that they are subject to suspension or revocation at the will of the Village Council, and in case of such suspension or revocation, the Village Marshal shall cause to be served upon the holder of the license so suspended or revoked, or the person in charge of the business, notice in writing of such action of the Village Council. Any person who shall carry on such business after the serving upon him of such notice of suspension or revocation shall be guilty of a violation of this article.
Before any license granted under the provisions of this article is suspended or revoked by the Village Council, charges in writing shall be preferred against the licensee whose license it is sought to suspend or revoke. A copy of such charges shall be served upon such licensee, and he shall be given a hearing before the Village Council with a reasonable opportunity to present evidence to meet such charges.
All hotel keepers, innkeepers, pool and billiard room keepers, garden keepers, grocers, druggists or other persons who shall keep a bar in connection with their respective establishments or who shall sell beverages by the cup, glass or bottle in any place or space whatsoever in the Village of New Haven shall be deemed "persons conducting or maintaining a place where beverages commonly called soft drinks are dispensed or sold," within the meaning of this article, and shall be subject to all its requirements, conditions, restrictions and prohibitions, provided, that the Village Council may permit hotel keepers to keep a bar to sell or dispense soft drinks on any other floor than the first or ground floor of their hotel building and that other provisions of this article respecting lights and arrangements of curtains in doors and windows may be expressly waived by the Village Council in the license issued to said hotel keepers. Nothing in this article shall be construed as limiting the hours of opening or closing hotels.
[Amended 1-13-2015 by Ord. No. 333]
Any person, firm or corporation who shall violate any of the terms or provisions of this article or shall fail to comply with the same shall, upon conviction thereon, be punished as set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven. This article shall take effect January 5, 1925.