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Ordinance 007 Liquor-Regulating Sale ThereofPage ~~ r~ u 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. - ~ ~ ~ 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. C~ Page 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 • Section 6. Qualifications required of applicant. Licenses shall be issued only to persons of good moral char- C 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 n Page ~ • 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 n lJ 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 G 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. n U Page lJ (2) No such limitation of the number of licenses, as L 7 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- r 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 Page ~ ~ (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. Page~'L~_ 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 • Page . 1 f1 . . 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 ~~