[Ord. No. 54, § 7, 8-22-1950; Code 1965, § 41.01]
Terms used in this article have the following meanings:
Alcohol for beverage purposes, alcoholic, spirituous, vinous,
fermented malt or other liquors or combination of liquors, a part
of which is spirituous, vinous or fermented, and all preparations
or mixtures for beverage purposes containing in excess of 3.2% of
alcohol by weight.
Any beer manufactured from pure hops, or pure abstract of
hops, and pure barley malt or other wholesome grains or cereals, and
wholesome yeast and pure water, and free from all harmful substances,
preservatives and adulterants, and having an alcoholic content of
more than 0.5% by volume, and not exceeding 3.2% by weight.
Any package containing three, six, 12 or 24 small standard
beer bottles, and any package containing three, six or 12 large standard
beer bottles when such bottles contain nonintoxicating beer.
The entire building in which the licensee has his place of
business, and any additional building used in connection therewith,
and the entire lot or lots, parcel or parcels, of land on which said
buildings are situated, or which are used in connection with said
buildings.
Any person engaged in the business of transportation for
hire of goods and merchandise by use or means of any vessel, railroad
car, motor vehicle, airplane or other means of conveyance, to whom
or to which any provision of this article applies or may apply.
[Ord. No. 54, § 25, 8-22-1950; Code 1965, § 41.30]
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, of all places which are not kept in an orderly manner.
The Chief of Police shall report immediately all such violations to
the Board of Aldermen.
[Ord. No. 54, § 1, 8-22-1950; Code 1965, § 41.02]
Beer having an alcoholic content of not less than 0.5% by volume
nor exceeding 3.2% by weight is hereby declared to be nonintoxicating
beer, and may be lawfully manufactured, sold, transported and consumed
in the City, subject to the provisions of this article.
[Ord. No. 54, § 18, 8-22-1950; Code 1965, § 41.21]
It shall be the duty of every manufacturer or brewer manufacturing
or brewing nonintoxicating beer in the City, and of every manufacturer,
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 3.2% by weight,"
or "Alcoholic content not in excess of 4% by volume." Any beer not
so labeled shall be deemed to have an alcoholic content in excess
of 3.2% by weight, and the sale thereof in the City shall be subject
to all the regulations and penalties provided by this article for
the sale of beer having an alcoholic content in excess of 3.2% by
weight.
[Ord. No. 54, § 6, 8-22-1950; Code 1965, § 41.10]
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.
[Ord. No. 54, § 8, 8-22-1950; Code 1965, § 41.11]
(a)
No person holding a license issued pursuant to this article to sell
nonintoxicating beer at retail, either in the original package or
for consumption on the premises, shall have or keep, or secrete, on
or about the premises described and covered by such license, any intoxicating
liquor of any kind or character. No manufacturer or wholesale distributor
shall sell any intoxicating liquor of any character containing alcohol
in excess of 3.2% by weight to any person holding only a license issued
pursuant to this article.
(b)
Any person who violates this section shall be punished by imprisonment
for a term of not more than 90 days or by a fine of not less than
$50, nor more than $500 or by both such fine and jail sentence.
[Ord. No. 54, § 15, 8-22-1950; Code 1965, § 41.18]
(a)
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, loan, give away or furnish
equipment, money, credit or property of any kind except ordinary commercial
credit, for such nonintoxicating beer sold to such retailers.
(b)
All contracts entered into between such brewers or manufacturers,
or their officers, 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 brewer or manufacturer,
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 forfeit the license of both the vendor and the vendee.
[Ord. No. 54, § 19, 8-22-1950; Code 1965, § 41.22]
(a)
No person having a license under this article shall sell, give away
or otherwise dispose of or suffer the same to be done on or about
his premises, any nonintoxicating beer in any quantity between the
hours of 1:30 a.m. and 6:00 a.m.
(b)
Any person who violates this section shall be punished by imprisonment
for a term of not more than 90 days, or by a fine of not less than
$50 nor more than $500 or by both such fine and jail sentence.
[Code 1965, § 41.225; Ord. No.
1003, § 3, 4-25-1967]
In addition to the ban on sale of nonintoxicating beer between
the hours of 1:30 a.m. and 6:00 a.m., it shall be unlawful for any
person to serve or dispense any nonintoxicating beer on holidays,
or at any times when under existing laws and ordinances, it is unlawful
to sell or dispense intoxicating liquors.
[Ord. No. 54, § 9, 8-22-1950; Code 1965, § 41.12]
It shall be unlawful for any person to sell or offer for sale
in the City any nonintoxicating beer unless 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 on the bottle and upon the cap or cork
of such bottle; or, in the case of the sale of nonintoxicating beer
on draft, unless drawn from the original keg or barrel having stamped
on the ends thereof the full name of the manufacturer or brewer of
the beer.
[Ord. No. 54, § 11, 8-22-1950; Code 1965, § 41.14]
Every person who transports any nonintoxicating beer into the
City and delivers the same to any person therein, shall when requested,
furnish the City Clerk/Collector a duplicate bill of lading or receipt
for such nonintoxicating beer, showing the name of the consignor and
consignee, date, place received and quantity of nonintoxicating beer.
[Ord. No. 54, § 13, 8-22-1950; Code 1965, § 41.16]
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.
[Ord. No. 54, § 4, 8-22-1950; Code 1965, § 41.17]
(a)
It shall be the duty of every holder of a license to manufacture
and sell, or to sell, nonintoxicating beer 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,
or any alcohol cube or cubes, or other ingredient or ingredients that
will increase, or tend to increase, the alcoholic content of such
nonintoxicating beer.
(b)
Any person who violates this section shall be punished by imprisonment
for a term of not more than 90 days or by a fine of not less than
$50 nor more than $500 or by both such fine and jail sentence.
[Ord. No. 54, § 16, 8-22-1950; Code 1965, § 41.19]
(a)
No person, except a duly licensed manufacturer or wholesaler, shall
possess nonintoxicating beer within the City unless:
(1)
It has been acquired from some person authorized to sell the same,
and the package in which such nonintoxicating beer is contained and
from which it is taken for consumption has, while containing such
nonintoxicating beer, been labeled and sealed as provided by this
article; or
(2)
The nonintoxicating beer is had or kept with the written or printed
permission of the State Supervisor of Liquor Control.
[Ord. No. 54, § 21, 8-22-1950; Ord. No. 262, § 1, 12-20-1955; Code 1965,
§§ 41.24, 41.25]
(a)
At drive-in eating places, nonintoxicating beer may be sold ready
for consumption in glasses or opened beer bottles.
(b)
No package goods may be sold except in an enclosed building in conjunction
with a restaurant, drug store, tobacco store, confectionery, grocery
store, delicatessen or other places where food or groceries are sold,
and may not be sold to persons seated in automobiles.
(c)
In the case of hotels, nonintoxicating beer may be sold anywhere
in the building; in restaurants, it may be sold at a bar and in the
dining rooms and on a screened dining room or porch.
(d)
In the case of private clubs, nonintoxicating beer may be sold in
the dining room, bar and screened-in dining porch or outdoor eating
place equipped with tables and chairs.
(e)
A licensee to sell nonintoxicating beer by the drink may operate
an open air space, commonly called a summer garden, in conjunction
with a tavern, provided at least one boundary of the garden is a public
street or highway and provided it is so fenced and equipped as to
permit an unobstructed view of the whole of such garden from the sidewalk
or street.
[Ord. No. 54, § 22, 8-22-1950; Code 1965, § 41.26]
No place wherein nonintoxicating beer is sold at retail by the
drink shall have any gambling or gaming device, and no place where
nonintoxicating beer is sold therein at retail shall have therein
any tables concealed or enclosed in private rooms or by partitions
or rooms.
[Ord. No. 54, § 20, 8-22-1950; Code 1965, § 41.23]
(a)
No person or his employee shall sell or supply nonintoxicating beer
or permit 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.
(b)
Nonintoxicating beer shall not be given, sold or otherwise supplied
to any person under the age of 21 years, but this shall not apply
to the supplying of nonintoxicating beer to a person under said age
for medicinal purposes only, or by the parent or guardian of such
person or to the administering of said nonintoxicating beer to said
person by a physician.
[Ord. No. 808, § 1, 1-28-1964; Code 1965, § 41.235; Ord. No. 901, § 1, 9-14-1965]
It shall be unlawful for any person under the age of 21 years
to purchase or attempt to purchase, or have in his possession, any
nonintoxicating beer, as defined in this article.
[Ord. No. 54, § 22, 8-22-1950; Code 1965, § 41.27]
No person holding a license to sell nonintoxicating beer by
the drink at retail shall suffer or permit any minor under the age
of 16 years to be employed or work in, or in connection with, any
entertainment or cabaret conducted in any place wherein nonintoxicating
beer is sold by the drink at retail.
[Ord. No. 54, § 10, 8-22-1950; Code 1965, § 41.13]
It shall be the duty of each holder of a license authorizing
the manufacture and sale, or sale at wholesale, of nonintoxicating
beer on or before the fifth day of each calendar month, to file in
the office of the City Clerk/Collector a sworn statement showing the
amount of nonintoxicating beer manufactured and sold, or sold, and
to whom sold, during the next preceding calendar month.
[Ord. No. 54, § 2, 8-22-1950; Code 1965, § 41.02]
It shall be unlawful for any person in the City to manufacture,
brew or sell, 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, and without having first applied for
and obtained, a license authorizing such brewing, manufacture and
sale, or sale thereof.
[Ord. No. 262, § 1, 12-20-1955; Code 1965, § 41.03]
The Board of Aldermen reserves the right to refuse to issue
a license for the sale of nonintoxicating beer by the drink when in
its judgment the location for which the license is sought to be obtained
is not in the best interests of the community, taking into consideration
the proximity of homes, schools, churches, playgrounds or other activities
and conditions or circumstances; or if in the judgment of the Board
of Aldermen the person previously operating an establishment for the
sale of either intoxicating liquor or nonintoxicating beer has not
conducted an orderly place, the Board of Aldermen may refuse to renew
the license upon its expiration.
[Code 1965, § 41.035; Ord. No.
1003, § 1, 4-25-1967]
A license to sell nonintoxicating beer shall not be issued to
any person unless he is at the time of application engaged in the
conduct and operation of, and his principal business is that of, a
package liquor store, drug store, cigar and tobacco store, grocery
store, confectionery, delicatessen, restaurant or general merchandise
store upon the premises where the license, if issued, is to be used,
and the sale of said nonintoxicating beer shall be merely incidental
to the operation and conduct of the other line of business carried
on in the premises.
[Ord. No. 262, § 1, 12-20-1955; Code 1965, § 41.04]
The Board of Aldermen shall investigate every application for
a license whether for the sale of nonintoxicating beer by the drink
or package and whether for the sale of nonintoxicating beer by the
drink or package and may without limitation refuse a license, or it
may grant an initial license on probation subject to revocation within
seven months without hearing or notice if in the sole and exclusive
judgment of the Board of Aldermen continuance of the license is not
to the best interests of the City. If a license on probation is revoked,
a proportionate part of the license fee shall be refunded. The Board
may refuse to issue a license if in its sole judgment it is advisable
not to grant it to the applicant, or if the proposed location is unsatisfactory
in the sole discretion of the Board, or if in the sole and exclusive
judgment and discretion of the Board, it is not to the best interests
of the City to grant another license, if at least four of the kind
applied for are in force.
[Ord. No. 262, § 1, 12-20-1955; Code 1965, § 41.06]
No person shall be granted a license under this article unless
he is of good moral character and a qualified legal voter and taxpaying
citizen of the state; and no person shall be granted a license or
permit hereunder whose license as such dealer has been revoked, or
who has been convicted, since the ratification of the 21st amendment
to the constitution of the United States, of a violation of the provisions
of any law applicable to the manufacture or sale of intoxicating liquor,
or who employs or has employed in his business, as such dealer, any
person whose license has been revoked or who has been convicted of
violating the provisions of any such law since such date.
[Code 1965, § 41.065; Ord. No.
1003, § 2, 4-25-1967]
A license to sell nonintoxicating beer shall be granted an applicant,
if an individual, only if he is a bona fide resident of the City,
or if a corporation, only if the main director thereof is a resident
of the City.
[Ord. No. 54, § 23, 8-23-1950; Code 1965, § 41.28]
No license shall be granted 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 unlawful purpose, nor in any
room or portion of a building connected by any entrance or exit, or
other means of communication, with any room or place used for an unlawful
purpose.
[Ord. No. 54, § 4, 8-22-1950; Code 1965, § 41.08]
A separate license under this article shall be issued for each
place of business, and no person, nor the agent or employee of any
person in any capacity, shall sell nonintoxicating beer in any other
place than that designated in the license.
[Ord. No. 54, § 3, 8-22-1950; Code 1965, § 41.07]
All licenses issued under this article shall be issued by the
City Clerk/Collector, but no license shall be issued except with the
approval of the Board of Aldermen given at a regular or special meeting
of the Board, and upon the payment of the license fee. 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, may sell on the premises described in such license nonintoxicating
beer without obtaining the license under this article.
[Ord. No. 54, § 5, 8-22-1950; Ord. No. 262, § 1, 12-20-1955; Ord. No. 301, § I, 5-15-1956; Code 1965, § 41.09]
(a)
Annual fees for licenses authorized by this article are as follows:
(1)
For a permit authorizing the manufacture or brewing of nonintoxicating
beer brewed or manufactured in the City, $375;
(2)
For a license authorizing the sale by any distributor or wholesaler
other than the manufacturer or brewer thereof, of nonintoxicating
beer, $75;
(3)
For a license authorizing the sale of nonintoxicating beer at
retail for consumption on the premises where sold, $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 resale, and not to be consumed
on the premises where sold, $22.50;
(5)
For the privilege of selling to duly licensed wholesalers and
soliciting orders for the sale of nonintoxicating beer, $75;
(b)
The Board of Aldermen may make such conditions as it deems advisable
with respect to the location of any bar or other dispensing place.
[Ord. No. 54, § 31, 8-22-1950; Code 1965, § 41.33]
The fees payable under this article shall be due and payable
in advance on the first day of August of each year. Licensees who
commence business after August 1 for any year shall be granted a license
for part of a year to the August 1 following, and shall pay therefor
1/12 of the annual fee for every month or part thereof from the date
of issuance to August 1.
[Ord. No. 54, § 30, 8-22-1950; Ord. No. 414, § 1, 12-17-1957; Code 1965,
§ 41.32]
The license fee charged and license issued under this article
are for the sole purpose of permitting the licensee the privilege
of selling nonintoxicating beer, and in addition to such fee and license
the licensee shall be liable for and shall pay the merchant's license
fee based upon the value of all of his merchandise and upon his gross
sales. It shall be unlawful for a licensee to operate without a merchant's
license.
[Ord. No. 54, § 24, 8-22-1950; Code 1965, § 41.29]
All licenses issued under 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.
[Ord. No. 54, § 12, 8-22-1950; Code 1965, § 41.15]
Any license issued under 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.
[Ord. No. 54, § 17, 8-22-1950; Ord. No. 411, § 1, 11-26-1957; Code 1965,
§ 41.20]
Licenses issued under this article may be transferred only in the cases permitted for transfer of intoxicating liquor licenses under § 5-56.
[Ord. No. 262, § 1, 12-20-1955; Code 1965, § 41.05]
No nonintoxicating beer license, whether for sale by the drink
or by the package, shall be renewed as a matter of right. The Board
of Aldermen shall have and exercise the same judgment and discretion
with respect to renewal of licenses as is provided in this article
with reference to the issuance or refusal of licenses upon original
application.
[Ord. No. 54, § 27, 8-22-1950; Code 1965, § 41.31]
(a)
Any person holding a license issued under this article who violates
any of the terms hereof shall, in addition to the other penalties,
and in the discretion of the Board of Aldermen, suffer the revocation
of his license or the suspension of such license for not exceeding
10 days. Whenever any license is revoked because of any violation
of this article, no other license or additional license shall be issued
to the same person on any other premises for a period of one year
from the date of revocation.
(b)
Before revoking or suspending any license granted hereunder, the
Board of Aldermen shall give the licensee at least 10 days' written
notice of any complaint or charge against him, and the nature of such
complaint or charge, and shall fix the date for the hearing on said
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.
