The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means any consumable item containing alcohol as defined by
law.
means tax exempt status and recognized by the Internal Revenue
Service Division of the United States Department of Treasury.
(Ordinance 98-317-7, § 1,
adopted 3/17/1998)
From and after the effective date of ordinance from which this
article is derived, it shall be unlawful to sell, possess or consume
any alcoholic beverage in and upon the premises of the Bostick Park,
within the city; provided, however, that a tax exempt person may purchase
a permit in said Bostick Park as set out herein.
(Ordinance 98-317-7, § 2,
adopted 3/17/1998)
(a)
The
application for a permit shall be submitted in such form as the city
secretary may prescribe and shall be accompanied by all appropriate
permits from the state, to verify compliance with the provisions of
this article.
(b)
Every
application shall be executed and verified under oath by the applicant
and shall contain the sworn affidavit of the applicant that applicant
will not violate any applicable laws.
(c)
The
permit applicant herein shall obtain from the state, all necessary
alcoholic beverage permits required by state law and shall observe
all state laws regarding the sale of alcoholic beverages.
(Ordinance 98-317-7, § 3,
adopted 3/17/1998)
Each operating permit issued shall be effective for a period
of 24 hours.
(Ordinance 98-317-7, § 4,
adopted 3/17/1998)
Any permit secured before or after the effective date of the
ordinance from which this division is derived which in the opinion
of the city secretary has been secured through subterfuge and/or is
not in full compliance with the provisions of this division shall
be revoked by the city secretary; provided that, such revocation shall
be reviewed by the city council at the next regularly scheduled city
council meeting.
(Ordinance 98-317-7, § 5,
adopted 3/17/1998)
(a)
There
shall be a permit fee as provided in the fee schedule on file in the
city secretary's office.
(b)
The
applicant for a permit or holder of a permit shall not be entitled
to a refund of any fee paid in case the permit is revoked.
(Ordinance 98-317-7, § 6,
adopted 3/17/1998)
A permit is issued hereunder on or above public property which
may cause the city to sustain loss, damage or injury to public property,
or to be put to expense in correcting conditions resulting therefrom,
the city secretary shall require the applicant to furnish a bond or
insurance policy coverage in the amount of $500,000.00 in the form
determined by the city legal department, or to post a deposit of a
like amount, to indemnify the city against any cost, loss or damage
that may be sustained by the city because of such permit, and as a
guaranty of compliance with this and other applicable laws and ordinances.
Such required policy, bond or deposit shall be furnished before a
permit is issued and shall be payable to the city.
(Ordinance 98-317-7, § 7,
adopted 3/17/1998)
Any person, corporation or partnership as defined by law, who shall violate any provision of this division shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished as provided by section 1-13 for each violation. Each day in which any violation shall occur shall constitute a separate offense. In addition, the city attorney or attorney for the city, is hereby authorized to take all actions, both legal and equitable, necessary to assure compliance with this division.
(Ordinance 98-317-7, § 8,
adopted 3/17/1998)
