It shall be unlawful for any person whose principal business
is the sale of beer to sell beer where the place of business of any
such dealer is within three hundred feet of any church, public hospital,
school or other educational institution. The measurements of the distance
between such businesses and public schools is to be from the nearest
property line of the public school to the nearest doorway by which
the public may enter the place of business, along street lines and
in direct line across intersections. For such businesses where minors
are prohibited from entering the premises under Section 109.53 of
the Alcoholic Beverage Code, the measurement of the distance between
the premises and a public school is to be along the property lines
of the street fronts and from front door to front door, and in a direct
line across intersections.
(Ordinance 36, sec. 4, adopted 9/18/55; Ordinance adopting Code)
(a)
The
city shall levy and collect a fee of one-half (1/2) of the state fee
for each license, except a temporary or agent’s beer license,
issued by state alcoholic beverage commission for premises located
within the city.
(b)
The
city shall levy and collect a fee of one-half (1/2) of the state fee
for each permit issued for alcoholic beverage permittees within the
city limits, except the following:
(1)
Agent’s airline beverage, passenger train beverage, industrial
carrier’s, private carrier’s, private club registration,
local cartage, storage, and temporary wine and beer retailer’s
permits;
(2)
A wine and beer retailer’s permit issued for a dining, buffet,
or club car; and
(3)
A mixed beverage permit during the three-year period following the
issuance of the permit.
(Ordinance 314 adopted 3/23/95)
Upon the payment of the applicable tax or fee herein prescribed
to the city assessor and collector and exhibition to him of a permit
duly issued by the state to the applicant or person paying such tax
or fee, the city assessor and collector shall, in the name of the
city, issue and deliver to such applicant or person a permit to engage
in the business in the city of the character described in and authorized
by the permit from the state held by such applicant or person. The
permit so issued in the name of the city shall authorize the conduct
of such business upon the premises described in the permit from the
state, and shall remain in force only so long as such permit from
the state remains in force.
(Ordinance 36, sec. 3, adopted 9/18/55)
Any person who shall fail to pay any tax or fee prescribed by this article and secure a permit before engaging in any business for which the payment of any such fee and securing of any such permit is required by the terms of this article, or who shall engage in any such business without holding an unrevoked or unexpired permit from the city authorizing the same, shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as provided in section 1.01.009 of this code.
(Ordinance 36, sec. 5, adopted 9/18/55)
