[Code 1964, § 4-35]
Nonintoxicating beer may be lawfully manufactured, sold and
consumed in and transported into or out of the city, subject to the
provisions of this article.
[Code 1964, § 4-36]
It shall be unlawful for any person in the city to manufacture,
brew or sell nonintoxicating beer, either at wholesale or at retail,
in the original package or by the drink to be consumed on the premises
where sold, except as provided in this article, without having first
applied for and obtained a license as required in this article, authorizing
such brewing, manufacture or sale thereof.
[Code 1964, § 4-37]
All licenses issued pursuant to the provisions of this article
shall be issued by the city collector, but no license shall be issued
by the city collector except with the approval of the board of aldermen
given at a regular or special meeting of the board, and no license
for which license fees are fixed in this article shall be issued except
upon the payment of the license fee prescribed in this article; provided
that, any person holding a license to sell intoxicating liquors at
retail, either in the original package or by the drink to be consumed
on the premises where sold, pursuant to the provisions of this chapter
regulating the sale of such intoxicating liquors, may sell on the
premises described in such license nonintoxicating beer without obtaining
the license required by this article.
[Code 1964, § 4-38]
Annual fees for licenses authorized by this article shall be
as follows:
(1) For a license authorizing the manufacture or brewing of nonintoxicating
beer brewed or manufactured in the city, three hundred seventy-five
dollars ($375.00).
(2) For a license authorizing the sale in the city by any distributor
or wholesaler other than the manufacturer or brewer thereof of nonintoxicating
beer, seventy-five dollars ($75.00).
(3) For a license authorizing the sale of nonintoxicating beer at retail
for consumption on the premises where sold, thirty-seven dollars and
fifty cents ($37.50).
(4) For a license authorizing the sale of nonintoxicating beer by grocers
and other merchants and dealers for sale in the original package direct
to the consumer, but not for sale and not to be consumed on the premises
where sold, twenty-two dollars and fifty cents ($22.50).
[Code 1964, § 4-39]
The annual license fees payable under this article shall be
due and payable in advance on the first day of January of each year;
provided, that licensees who shall commence business after March thirty-first
for any year shall apply for and be granted a license for part of
a year to the first day of January following and shall pay therefor
three-fourths the annual fee, and licensees who shall commence business
after June thirtieth for any year shall apply for and be granted a
license for part of a year to the first day of January following and
shall pay therefor one-half of the annual fee.
[Code 1964, § 4-40]
No license issued under this article shall be transferable or
assignable.
[Code 1964, § 4-41]
No license shall be granted pursuant to this article for the
sale of nonintoxicating beer at retail by the drink for consumption
at the place where sold in a building occupied or used for an immoral
or unlawful purpose, nor in any room or portion of a building connected
by any entrance, exit or other means of communication with any room
or place used for an immoral or unlawful purpose.
[Code 1964, § 4-42]
All licenses issued pursuant to the provisions of this article
shall authorize the sale of nonintoxicating beer only at the place
described in such license, and all such licenses shall be kept conspicuously
posted in the place for which license was issued.
[Code 1964, § 4-43; Ord. No. 1874 § 1, 2-15-2001]
(a) Any person holding a license issued pursuant to the provisions of
this article and who violates any of the terms of this article shall,
in addition to any other penalty imposed, and in the discretion of
the board of aldermen, suffer the revocation of the license of such
person, or the suspension of such license for not exceeding ten (10)
days, and whenever any license issued pursuant to the provisions of
this article shall be revoked because of any violation of the provisions
of this article, no other or additional license shall be issued to
the same person on any other premises for a period of one (1) year
from the date of the revocation of such license.
(b) Whenever it shall be shown or whenever the chief of police has knowledge
that a person licensed under this article has not at all times kept
an orderly place or house or has violated any of the provisions of
this article, the chief of police shall report the same to the board
of aldermen, who shall revoke or, in its discretion, suspend the license
of such person.
(c) Before revoking or suspending any license granted under this article,
the board of aldermen shall give the licensee at least ten (10) days'
written notice of any complaint or charge against him and the nature
of such complaint or charge and shall fix the date of the hearing
on such complaint or charge, upon which hearing the licensee shall
have the right to have counsel and to produce witnesses in his behalf.
If the board of aldermen shall, after such hearing, revoke or suspend
the license of such licensee, its decision and action shall be final.
[Code 1964, § 4-44]
A license to brew or manufacture nonintoxicating beer in the
city shall be construed to authorize the sale by the holder of such
license of such nonintoxicating beer to distributors or wholesalers
for resale to retailers only or direct to retailers. A license authorizing
any distributor or wholesaler to sell nonintoxicating beer in the
city shall be construed to authorize the sale thereof only to persons
authorized to sell nonintoxicating beer to consumers not for resale;
but no such license, either to manufacture, brew or sell at wholesale,
shall be construed to authorize the sale by the holder of any such
license of nonintoxicating beer direct to consumers.
[Code 1964, § 4-45]
No person holding a license issued pursuant to the provisions
of this article to sell nonintoxicating beer at retail, either in
the original package or for consumption on the premises, shall have,
keep or secrete, on or about the premises described and covered by
such license, any intoxicating liquor of any kind or character; nor
shall any manufacturer or wholesale distributor sell any intoxicating
liquor of any character containing alcohol in excess of three and
two-tenths (3.2) percent by weight to any person holding a license
issued pursuant to the provisions of this article to sell nonintoxicating
beer only, either in the original package or to be consumed upon the
premises where sold.
[Code 1964, § 4-46]
It shall be the duty of each holder of a permit authorizing
the manufacture and sale, or the sale, of nonintoxicating beer, on
or before the fifth day of each calendar month, to file in the office
of the supervisor of liquor control a sworn statement showing the
amount of nonintoxicating beer manufactured and sold, or sold and
to whom sold during the next preceding calendar month, and it shall
be the duty of each holder of a permit authorizing the sale of nonintoxicating
beer for consumption and not for resale, on or before the fifth day
of each month, to file in the office of the supervisor of liquor control
a sworn statement showing the amount of nonintoxicating beer purchased
and from whom purchased, and the amount of nonintoxicating beer sold,
during the next preceding calendar month. Every such statement shall
be signed and sworn to by the holder of such permit if an individual,
or by some authorized officer of the holder if a corporation.
[Code 1964, § 4-47]
Every railroad company, express company, airplane company, motor
transportation company, steamboat company, or other transportation
company who shall transport into, out of, or within this city any
nonintoxicating beer, whether brewed or manufactured within this city
or outside this city, shall, when requested by the city collector,
furnish such city collector a duplicate of the bill of lading covering
or receipt for such nonintoxicating beer, showing the name of the
brewer or manufacturer, and the name and address of the consignor
and consignee, and the date and place received, and the destination
and quantity of nonintoxicating beer received from such manufacturer,
or brewer, or other consignor, for shipment from any point within
or without this city, to any point within this city.
[Code 1964, § 4-48]
Any license issued under the provisions of this article authorizing
the sale of nonintoxicating beer at retail for consumption on the
premises described in such license shall be construed to authorize
the sale of such nonintoxicating beer by the bottle, by the glass,
on draught and in the original package.
[Code 1964, § 4-49]
Except as otherwise provided in this article, it shall be unlawful
for any person to sell or offer for sale in the city any nonintoxicating
beer unless the same shall be sold or offered for sale in the original
bottle or in the original package containing bottles bearing the original
label and full name of the brewer or manufacturer thereof, both upon
the label, upon the bottle and upon the cap or cork of such bottle,
or, in the case of the sale of nonintoxicating beer on draught, unless
the same is drawn from the original keg or barrel having stamped on
the ends thereof the full name of the manufacturer or brewer of the
nonintoxicating beer contained therein.
[Code 1964, § 4-50]
It shall be unlawful for any person authorized to sell nonintoxicating
beer in the original package to allow such original package to be
broken or to allow any of such nonintoxicating beer to be consumed
in or upon the premises where sold.
[Code 1964, § 4-51]
It shall be the duty of every holder of a license to manufacture
and sell or sell nonintoxicating beer to use every precaution to prevent
any person on the premises described in such license from pouring
into, mixing with or adding to such nonintoxicating beer any alcohol
or other liquid, any alcohol cubes or other ingredients that will
increase or tend to increase the alcoholic content of such nonintoxicating
beer.
[Code 1964, § 4-52]
Brewers or manufacturers of nonintoxicating beer or the employees,
officers, agents, subsidiaries or affiliates thereof shall not, under
any circumstances, directly or indirectly, have any financial interest
in the retail business for the sale of such nonintoxicating beer nor
shall they, directly or indirectly, give away or furnish equipment,
money, credit or property of any kind, except ordinary commercial
credit, for such nonintoxicating beer sold to such retailers. All
contracts entered into between such brewers or manufacturers, or their
officers or employees, directors or agents, in any way concerning
any of their products, obligating any retail dealer or dealers to
buy or sell only the products of any such brewers or manufacturers,
or obligating any such retail dealer to buy or sell the major part
of such products required by such retail dealer from any such brewer
or manufacturer shall be void, and proof of the execution of such
contract shall be grounds for revoking the license of both the vendor
and the vendee.
[Code 1964, § 4-53]
No person except a duly licensed manufacturer or wholesaler
shall possess nonintoxicating beer within the city unless the same
has been originally acquired from some person duly authorized to sell
the same, or unless the nonintoxicating beer is had or kept with the
written or printed permission of the city collector.
[Code 1964, § 4-54]
It shall be the duty of every manufacturer or brewer manufacturing
or brewing nonintoxicating beer in the city and of every manufacturer
or brewer, distributor or wholesaler outside of the city shipping
any nonintoxicating beer into the city for sale therein at wholesale
or retail to cause every bottle, barrel, keg and other container of
such nonintoxicating beer to have on the label thereon, in plain letters
and figures, "Alcoholic content not in excess of three and two-tenths
(3.2) percent by weight" or "Alcoholic content not in excess of four
(4) percent volume". Any beer not so labeled shall be deemed to have
an alcoholic content in excess of three and two-tenths (3.2) percent
by weight, and the sale thereof in the city shall be subject to all
the regulations and penalties provided by this chapter for the sale
of beer having an alcoholic content in excess of three and two-tenths
(3.2) percent by weight.
[Code 1964, § 4-55]
No person licensed under this article shall sell, give away
or otherwise dispose of or suffer the same to be done on his premises
any nonintoxicating beer in any quantity between the hours of 1:30
a.m. and 6:00 a.m.
[Code 1964, § 4-56]
No person or his employee shall sell or supply nonintoxicating
beer or permit the same to be sold or supplied to a habitual drunkard
or to any person who is under or apparently under the influence of
alcoholic beverages.
[Code 1964, § 4-57]
Nonintoxicating beer shall not be given, sold or otherwise supplied
to any person under the age of twenty-one (21) years, but this shall
not apply to the supplying of nonintoxicating beer to a person under
such age for medicinal purposes only, or by the parent or guardian
of such person or to the administering of such nonintoxicating beer
to such person by a physician.
[Code 1964, § 4-61; Ord. No. 1874 § 1, 2-15-2001]
It shall be the duty of the police of the city to see that the
provisions of this article are obeyed, and it shall be their duty
to report to the chief of police the names of the persons and their
addresses and all places where nonintoxicating beer is sold at retail,
where such places are not kept in an orderly manner and the same shall,
by the chief of police, be transmitted to the board of aldermen.