Ordinance 007 Liquor-Regulating Sale ThereofPage ~~
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ORDINANCE #7
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, REGULATING TF~ BUSINESS OF MANUFACTURING, SELLING OR IN ANYWISE
DEALING IN LIQUORS, WINES, BFiERS OR HER BEVERAGES CONTAINING MORE THAN ONE
PER CENTUM DF ALCOHOL BY WEIGHT; REQUIRING LICENSES AND PROVIDING LICENSING
PROCEDURE AND FEES; LIMITING THE NUMBER OF LICENSES TO BE ISSUED AND WHERE SAME
' CAN BE ISSUED;~CLASSIFYING LICENSES; REGULATING TO WHOM ALCOHOLIC BEVERAGES MAY
BE SOLD, THE HOURS OF SALE; PROVIDING PENALTIES; AND FOR OTHER PURPQSES. -
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BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. D~afinitions.
As used in this ordinance and all ordinances amendatory
thereof and supplemental thereto:
(a) Beer. The term "beer'! or the words "malt beverage"
shall extend to and include brewed beverages containing malt;
(b) 1rJine. The term "wine" shall extend to and include
all vinous beverages created by natural fermentation, or by natural fermentation
' with brandy added in the manner required by the laws and regulations of the United
States; and the term "wine" shall further include all sparkling wines, champagnes,
combinations of vinous beverages and vermouths;
(c) Fortified wine, The term "fortified wine" shall extend
to and include all wines containing more than fourteen per centum of alcohol by
weight;
(d) Liquor. The term "liquor" shall be taken to include
the words "distilled spirits" and shall extend to and include all spiritous bever-
• ages created by distillation and by mixture of distilled beverages by what is
commonly termed "blending";
(e) Alcoholic beverage. The term "alcoholic beverage" shall
include all beverages containing more than one per centum of alcohol by weight; and
(f) Intoxicating beverage. The term "intoxicating beverage"
and the term "intoxicating liquors" shall include only those liquors, wines and
beers containing more than three and two-tenths per centum of alcohol by weight.
Section 2. Sale without license prohibited.
No beverage containing alcohol of more than one per cent by
weight shall be sold within the Village except by persons holding licenses permit-
ting such sales issued by th.e Village.
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Section 4. License applications.
Any person, before engaging in the business of manufact-
Section 5. Investigation of application, approval or disapproval.
No license shall be issued under this ordinance unless and
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Section 6. Qualifications required of applicant.
Licenses shall be issued only to persons of good moral char-
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and labels.
Section 3. Compliance with State and Federal law required; marks
It shall be unlawful for any person to manufacture or to
possess, or to offer for sale or to sell intoxicating liquors, wines or other
beverages within the corporate limits of the Village which have not been manu-
factured and licensed pursuant to the laws of the United States and of the State
of Florida. No liquor or intoxicating beverages shall be sold by any person
holding a license under this ordinance, where the container thereof. does not have
and bear the stamps, marks and labels required by the laws of .the United States
and the State of Florida relating to intoxicating beverages, and by proving the
manufacture or possession or sales thereof by the defendant.
uring, selling, bartering or exchanging, or in anywise dealing in liquors, wines,
beers or other beverages containing more than one per centum of alcohol by weight,
shall file under oath with the tax collector of the Village, a written or printed
application For license to conduct such business, such application to be made on
forms to be provided by the tax collector of the Village. Such application shall
state the character of the business to be engaged in and the kind of license, as
hereinafter defined, which the applicant desires, and such other data as such
forms may require.
until the tax collector, chief of police, and health officer of the Village, or a
majority of those officials, have investigated the application for such licenses for
the purpose of ascertaining and determining whether or not the applicant has.com-
plied with the laws and ordinance in such cases made and provided, and such appli-
cation shall have been approved by a majority of the aforesaid officials. If such
application be disapproved, the majority of the officials disapproving the same
shall give their reasons therefor, in writing, to the tax collector. A minority
report, if there be any, shall not be required.
acter who have not been convicted of any offense involving moral turpitude, who are
of sober reputation and who :sre not less than twenty-one years of age. Licenses to
corporations shall be issued only to corporations whose officers and directors are
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persons of good moral character and who have not been convicted of any offense
involving moral turpitude.
Section 7. Exemption from license taxes.
There shall he no exemption from the license taxes herein
provided to any person, association of persons or corporation, any other ordinance
to the contrary notwithstanding.
Section 8. Licenses to be issued by tax collector.
All licenses referred to in this ordinance shall be issued
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by the tax collector of the Village in the name of the Village and under the
terms and conditions as prescribed in this ordinance.
Section 9. Rishts and privileges of licensee.
A licensee holding a license under and in compliance with
the terms of this ordinance shall have all the rights and privileges authorized
by this ordinance and the laws of the State of Florida.
Section 10. Persons not entitled to license.
No person under sentence or parole and no person now a
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fugitive charged with violating the prohibition laws of the State of Florida or
of the United States shall be granted a license to manufacture, sell or distrib-
ute alcoholic beverages as defined under the terms of this ordinance. No license
under this ordinance shall be issued within two years after such conviction or
revocation to any person who shall be convicted of a violation of this ordinance,
or to any corporation, any of whose officers or directors, shall be convicted
of a violation of this ordinance, or to any person or corporation whose license
under this ordinance shall be revoked. Any license to a person or corporation
prohibited from obtaining such license by this ordinance shall be revoked; pro-
vided, however, that where an applicant shall have been granted a license under
this ordinance and such license and continuation thereof have not been revoked
and his qualifications not impaired, such applicant shall be entitled to receive
licenses for succeeding years as a matter of course upon application to the tax
collector, the payment of the tax, and giving of any bond required hereunder._
Section 11. Limitation on number of licenses to be issued.
(1) No license under sub-sections 3 to 8 inclusive, of
Section 561.34, Florida Statutes, 1953, shall be issued so that the number of
such licenses within the limits of the Village shall exceed one such license to
each twenty-five hundred (260D) residents, or major fraction thereof, as shown
by the last regular state-wide census, either Federal or State, of such Village.
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(2) No such limitation of the number of licenses, as
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herein provided, shall be applicable in the cases provided for by sub-section
2 of Section 561.20, Florida Statutes, 1°53, as amended.
(3} 'When additional licenses are available by reason
of an increase in population in the Village, then no person shall be issued
or permitted to have any interest, directly or indirectly, in more than one
such license.
Section 12. Areas within rahich licenses shall not be issued.
No license shall be issued for a place of business where
business authorized by such license is prohibited by the zoning ordinance of
the Village.
(a) Vendors shall include all persons selling the bever-
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ages herein referred to at retail. No vendor shall purchase any of the beverages
herein described from any person not duly licensed under this ordinance. No
vendor shall import or engacfe in the importation of any such beverages from
places beyond the limits of the State of Florida. No licensed manufacturer or
distributor of any of the beverages herein referred to shall have any financial
interest, directly or indirectly, in the establishment or business of any vendor
licensed under this ordinance, nor shall such licensed manufacturer or distribu-
for assist any vendor by any gift or loan of money or property of_any description
or by the giving of any rebates of any kind whatsoever. No licensed vendor shall
accept, directly or indirectly, any gift or loan of money or property of any des-
cription or take any rebates from any such licensed manufacturer or distributor;
provided, however, that this shall not apply to any bottles, barrels or other
containers necessary for the legitimate transportation of such Beverages or
advertising materials and s12a11 not apply to the extension of credit in the usual
course of trade or to the giving of trade discounts in the ordinary course of
business.
Section 13. License classification.
Licenses herein referred to shall be classified as follows:
Section 14. Vendors license fees.
The following license taxes .shall be assessed and col-
lected. Each vendor shall pay an annual license tax as follows:
(a) Vendors operating places of business where
beverages are sold only in sealed contain-
ers for consumption off the premises where
sold X562.50
(b) Vendors operating places of business where
consumption on the premises is permitted $750.00
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(c) Vendors selling only beverages containing
not more than fourteen per cent of alcohol
by weight and wine regardless of alcoholic
content $50.00
(d) Vendors of beverages containing alcohol of
not more than one per cent by weight, and
not more than three and two tenths per
cent byweight $15.00
(e) Vendors of beverages containing alcohol
of more than one per cent by weight and
not more than three and two tenths per
cent by weight for consumption off the
premises only $ 7.50
(f) Vendors of beverages containing alcohol
of more than one per cent by weight and
not more than fourteen per cent by weight,
and wines regardless of alcohol content,
for consumption off the premises only $25.00
Section 15. Transfer of licenses.
Licenses issued under the provisions of this chapter shall
not betransferable except as follows;
When a licensee shall have made a bona fide sale of the
business which he is so licensed to conduct, he may obtain a transfer of such
license to the purchase of such business; provided, that the purchaser will prove
to the satisfaction of the tax collector and chief of police of the Village that
the purchaser possesses all of the qualifications required of a person to whom a
license may be issued.
Section 16. Term of licenses.
Except as herein otherwise provided, no license shall be
issued except annual licenses, which shall be paid for on or before the first
day of October, and shall expire the first day of the succeeding October; pro=
vided, that any person beginning business after the first day of October may db-
tain a license upon the payment of the annual license tax, and such license shall
expire on the first day of the succeeding October; provided further, that any
person beginning such business on or after the first day of April of any year
may procure a license expiring the first day of October of the same year on the
payment of one half of the license tax herein required for the annual license;
provided further, that vendors may at any time obtain licenses for periods of
six months from the date of the license upon payment of two thirds of the annual
license tax herein required.
Section 17. Sale only on licensed premises.
Each license shall describe the location of the place of
business where such beverages may be sold and no such beverage shall be per- _
mitted to be sold except at such place of business.
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Section 18. Licensee movingtp new location.
Any licensee may move his place of business and sell at_
' his new place of business upon surrendering his license to the tax collector
and making application for a new license describing the new location of his busi- _
ness. Upon the surrender of such license with the application for a new license
in a different location, there shall be issued to such licensee without the pay-
' ment of any further fee or tax, such new license for the new place of business;
provided, however, that if the old place of business be outside the corporate
limits of the Village, an additional Village license shall be paid by the licen-
see before the issuance of the new license.
Section 19. Distributors to sell only to persons licensed under __
ordinance.
No distributor licensed hereunder shall sell to any
person for resale within the Village any intoxicating liquors or beverages ex-
cept to those persons holding a license under this ordinance.
Section 20. Officers and employees prohibited from being employed
by or engaging in beverage business. _
No person, official or employee authorized to enforce the _
' provisions of this ordinance shall be permitted to engage in the sale of liquors -
or beverages provided under this ordinance, nor shall they be employed, directly
or indirectly, in connection with the operation of any business license under this
ordinance. Nor shall they be permitted to own any stock or interest in any firm,
partnership or corporation dealing wholly or partly in the sale or distribution of
alcoholic beverages or distilled liquors.
Section 21. Persons to whom alcoholic 1~everages may not be sold.
Persons to whom alcoholic beverages or intoxicating liquors _
• may not be sold:
{a) To any person less than twenty-one years of age.
(b) To any person who is intoxicated, nor to any person
who is known to be a habitual drunkard.
(c) To any patient under the supervision or control of any
state hospital, whether such patient be on furlough or otherwise.
Section 22. Hours of sale.
' It shall be unlawful for any person to sell, serve or consume,
or to permit the sale, service or consumption of any intoxicating liquors or beverages
except beer, ale and wine, in any place holding a license from the Village under this
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ordinance, or any public place within the Village:
(a) Between the hours of 3:00 o'clock A.M. and 7:00 _
' o'clock A.M. of any day; or
(b) Between the hours of 3:00 o'clock A.M. on Sundays
and 7:00 o'cl ock A.M, of the following Monday during the months of May, June,
July, August, September, October and November of each year; or
(c) Between the hours of 3:00 o'clock A.M. and 2:00
' o'clock P.M. on Sundays during the months of December, January, February, March
and April of each year; or
(d) On any day of a general or primary election during
• the hours the polls are open.
Section 23. Purchases etc, between certain hours and on
Sundavs prohibited.
It shall be unlawful for any person to buy, sell or
deliver, or to permit the purchase, sale or delivery of any intoxicating liquors
or beverages, except beer, ale and wine, in sealed containers for consumption
off the premises:
(a} Between the hours of 10:00 o'clock P.M, and 7:00
' o'clock A.M, of the following day; or
(b) On Sundays; or
(c) On any day of a general or primary election during
the hours the polls are open.
Section 24. Penalties.
Any person who shall violate any provision of this ordi-
nance shall be punished by a fine not exceeding Five Hundred Dollars 0$500.00),
or imprisonment for a term of not exceeding ninety (90) days, or by both such
fine and imprisonment.
FIRST READING the 7 day of January, 1957.
SECOND, FINAL READING AND PASSAGE the 28 day of January, 1957.
S/ Charles A. Cunningham
Mayor
(SEAL)
ATTEST:
' ~ R. C. Tufford
Village Clerk
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