It shall be unlawful for any person to manufacture or brew for
the purpose of sale or to sell or distribute any beer within the corporate
limits of the city without first having applied for and secured a
license to do so.
(Ordinance 1750-A, sec. 4, adopted 1/28/2008)
Any person desiring to manufacture, sell or distribute beer
within the corporate limits of the city shall file with the city secretary
an application, made under oath, for a license so to do. Such application
shall state: The name and address of the applicant; the address where
such applicant desires to manufacture, sell or distribute beer; whether
or not the principal business of the applicant is the sale of beer;
whether or not the place of business of the applicant where such beer
is to be sold is within three hundred (300) feet of any church, school
or other educational institution, the measurement of the distance
between the place of business where alcoholic beverages are sold and
the church or public hospital shall be along the property lines of
the street fronts and from front door to front door, and in direct
line across intersections, the measurement of the distance between
the place of business where alcoholic beverages are sold and the public
schools shall 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 any permit or license covering a premise where minors are prohibited
from entering the premises, the measurement of the distance between
the premises and a public school shall be along the property lines
of the street fronts and from front door to front door, and in a direct
line across intersections; and whether such applicant desires to do
business as a manufacturer, a general distributor, a local distributor
or a retail dealer.
(Ordinance 1750-A, sec. 4, adopted 1/28/2008)
No license required by this article shall be issued by the city
secretary unless the applicant presents to him a license duly issued
to such applicant by the tax collector of the county, authorizing
such applicant to manufacture, sell or distribute beer in the county,
which county license shall be in full force and effect at the time
of the application for a license under this article, and which license
shall be examined by the city secretary and returned to the applicant.
(Ordinance 1750-A, sec. 4, adopted 1/28/2008)
Every person licensed to sell liquor, wine or beer or mixed
beverages in the city under the Alcoholic Beverage Code shall pay
to the city a license fee equal to the maximum allowed as provided
for in the Alcoholic Beverage Code. Such fee shall be payable on the
first of January of each year.
(Ordinance 1750-A, sec. 4, adopted 1/28/2008)
Upon compliance with all provisions of this article and subject to section
3-31, the city secretary shall issue a license required by this article to the applicant therefor. Such license shall be signed by the city secretary, under the seal of his office, shall be dated, and shall state on the face thereof for what it is issued, how much was paid for the same, the date of expiration, and by whom and where such business is to be conducted. The license shall further state whether or not the licensee is authorized to operate as a manufacturer, general distributor, local distributor or retail dealer of beer, as set out in the application of such applicant, and if a dealer, it shall state whether or not the principal business of such licensee is the sale of beer.
(Ordinance 1750-A, sec. 4, adopted 1/28/2008)
If the principal business of an applicant for a license under this article is to be the selling of beer, and if the city secretary determines that such place of business is within three hundred (300) feet of a church, school or other educational institution, as measured as provided in section
10-47, then the city secretary shall not issue a license to such applicant, but shall refuse to so do. If a license is erroneously issued under such conditions, it shall be revoked by the city secretary immediately upon discovery of such error.
(Ordinance 1750-A, sec. 4, adopted 1/28/2008)
A license issued under this article shall be posted in a conspicuous
place on the premises of the licensee where his business is conducted.
(Ordinance 1750-A, sec. 4, adopted 1/28/2008)
No license issued under this article shall be voluntarily assigned
more than once, and before any assignee of any such license may engage
in business thereunder, he shall fully comply with the provisions
of this article to the same extent as required of the original license.
In case an original licensee or his assignee desires to change the
place designated in such license, he may do so by applying to the
city secretary as in the case of the original application for such
license.
(Ordinance 1750-A, sec. 4, adopted 1/28/2008)
No manufacturer, general distributor, local distributor or retail
dealer shall carry on such business at more than one (1) place under
the same license, but a separate license must be obtained under this
article for each place of business conducted for such purpose or any
of them.
(Ordinance 1750-A, sec. 4, adopted 1/28/2008)
Any license issued under the terms of this chapter shall terminate
one (1) year from the date issued, and no license shall be issued
for a longer term than one (1) year. Any such license may be renewed
upon written application of the licensee filed with the city secretary
not more than thirty (30) days prior to the date of the expiration
of the license held by such licensee. Such application shall be in
writing and filed by the applicant and shall contain full and complete
information as set out and required in the original application upon
which such original license was issued. No such renewal license shall
be issued unless and until the applicant therefor shall exhibit to
the city secretary, his renewal license issued by the tax collector
of the county. Upon compliance with the foregoing requirements by
such applicant, it shall be the duty of the city secretary to issue
the license as applied for in the same manner as the original license
was issued.
(Ordinance 1750-A, sec. 4, adopted 1/28/2008)
The city secretary shall keep a permanent record of all licenses
issued under the terms of this article. Such record shall state the
names and addresses of all persons to whom licenses are issued, the
address of the place of business of each licensee, the classification
of each licensee, the date such license was issued and the amount
paid therefor. The city secretary shall also keep a permanent record
of all transfers of such licenses and of all such licenses cancelled
or revoked and the full details of such transactions.
(Ordinance 1750-A, sec. 4, adopted 1/28/2008)
Failure to pay the license fee as provided in section
10-49 shall constitute a misdemeanor, and upon conviction thereof shall be punished in accordance with section
1-5 of this Code.
(Ordinance 1750-A, sec. 4, adopted 1/28/2008)
