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HomeMy WebLinkAbout~Master - Regulating License and Sale of Beer r r ORDINANCE D0. 458 A-:'ORDIVANC RFULT '' LIC <, D SAS OF BEt, x ' ) six q j sue, a A IdUAL PIE XXT ,' TRQ II31'Aa FOR THE 97010NO; OF CLASS Ba AND, e� r' -PITS. AND F'RE►�ftIBINCr PENALT3�' F©R THE V QL TIO : .. Be it ordained by the City Council of the.,City of Ame# v` Section 1w ; For thepurpos0',of this. ordinaneo' the dei z i pnsf adopted as set out 3n Section 1921-f97 of the Code of Iaaa ],8.3I a$ amex�ed. Section Z. _ -PERMIT R 88, 1_t shall be unlawful to`mant�fae'ti�e ra for sale, or sell beer unless a permit is' first obtained as fro«. i vided by the laws of the State Of '.IWsLj, ;>� this ordi.nsn+�a Section 3. , BD3rN&33 DTSTRZCT� `;:Tha, places Of, btisiness y of` 4 Permit too' shall bethe-•�Busin,�s Dis s t3 .ct": . Clas043 "Ce n and "D",' as set forth and "tab'1.3shed:"under '"the-'tatlms of df�anas �4 L Al No. 422 of the .CZty of Aiues.,: lira, .onkmoaly known as the "Z.oni,ag . .-a CZ'F3i.naYld @. Bastion` 4w FEES. The annnal permits= fa > for Class "B" ermi.t' shah:b$ _ � 200.00 per year, .payable in advance. Seo IOnJs FED TO THE \��NERAL FUNDS All permit �ees7"t�cr��eo� �i �- y` under the.pr©visions' of this orc inanc* 'shal.l be general f'uxld w aka 4 : :3sction 6. OTIFICATION TQ ,STATE .BC)ARDw tFpon:the. s aI k : evoking of a gei,t' the Co ' � r, the. Clark qh,& l fort] ` +bertify to tie' State Permit ,Board this` aetian so t agen w. , ' h, Section :7• ' PIRATION. All I u permits shall expire at the end of one' (1) year from date of. issuance, and ma3r be renewed for a like � Period upon application being made th ' 'efo i . ;to t :h .�rrv�rer , t .. ities r � SeQ.ton' g'. "BbND. No permit ahall be;granted b the y the applicant flirni he a bond in the fog;prescribed an fl rniahed by the Treasurer of State, with good and euffi�iont auxe.. t es to be a ,. rov Pp ®►d by the Council., a onditioned �F Obs ex�ranc e. of tk�e S at e l aws and thl„s drdiaanc® i t, t;h� U Thousand 'or in a h. other sum as by s tat a law. Section 9. ` P'ITSS OF APPLICANT.` Before any permit is granted, the Council shall make, or cause to be made, ' a thorough inveati- - gation to determine the fitness of the applicant and the truth of the statements made in .and accompanying the application. Section 10, CONFORM TO LAW. No permit shall be granted until the applicant establishes that he is a person,of 13ood 'moral char- acter and that .the place or ,building where 4e intends to ,opeZ.atS. , conforms to all laws, health and fire regulations applicable Herb: to, and, is a safe and proper place or building. Section 11. CITIZENSHIP. Permits shall be issued only to"persoull who are citizens of they State of Iowa and who are of good moral charactes� and repute., provided, however, that in the case of a coy poration the word "citizen" in this section shall be construed to **on a "corporation" organized and ®xisting..pr ,permitted. suthor.: ized to do business under the laws of this state. Section 12. FALSE STATIMMS. It shall be unlawful to make a false statement concerning any r4eterial fact in submitting .any appUeation for a permit, or for a renewal of a permit .or in any hearing concerning the revocation thereof. Section 13. SEPARATE PERMITS. Every 'person holdings permit :bav#.ng more than one (1) place of business wherein beer is sold, shall ob.,` Lain and have a separate license for each separate plaee a.f ba+�i= ness. Section 14. PERSONS INTERESTED It shall be unlawful for any ;per., son engaged in the manufacture, bottling or wholesaling beer, or. any . jobber, or any agent of such person, to directly or indireetl�r 4i , Furnish, give., or pay for any furnishings, fixtures or eq ppen used in the storage, handling, serving or dispensing of User or f within the place of business of nn`other permit holder, nor shall such person directly or indirectly pay for any such permit or, be terested in the ownership, conduct or operation of the xraa� f off', another permit holder authorised, to sell beer at rdai.l. Yw3�• mow ', r... , Section 15. TRANSFER OF Pi;RXITS. Ao 'per its for ae11 ng" beer shah be transferred- 'from one permittee to another, and' ao .�+tr shall be made o.;any permittee in case of revocation of: pewit ar otherwiae d Scontinuance of the business. ,. Section 16. TRANSFER OF> LOCATION' The Council may authorize the :tranaf'ei of the business of a permittee from 040 11,66 �.an another, upon proper: €howiang that the, new• location masts ate, tie requirements of the ordinance ate"State' laws, and on c ozo t•,�fo''; that the permittee files with such application, for change location, the written consent of _the-"surety on his band, and,.,up the payment in advanCe' of a fee of ten ( 10.Q4) Dollars to ,Pover . the cost of `the 'inspection of the, new .location. Section 17. REVOCATION: COMPULBOA3C. The Council shall rbV4 the permit of any permit holder who. is convicted of a 'felo�nyt or ie convicted of the sale of beer contrary to the piffiiona 'ofh . state law, or is convicted of bootlegging, or who is # iiltyi of the sale or. dispensing df wines or spirits in violation of who shall allow the,mi:aing or adding of .alc.ahol to b eer o4� atne beverage on the premises -of a Class "B" permittee. or whoah] ba s guilty .of the violation of -the State 'beer law or any ord $ e � acted in accordance with the State lacer '.le,w., and such :pe:ti shall not. again be aalowed to secure a pemnit `nor shall he '.be� r; the employ of any person engaged 'in the manufacture•, dis•trwation or sale` of beer, 4 r Section 18. REVOCATION:' OPTIONAL. The Council may revoke the-per" mi,t of any permit holder for violation of _613�y 'of the pr 4-M of the tat4 beery ;]:err or any ordinance,,adopted under the s►flviai , thereof, .Qr for ,an cause which, in. the 3udgeauent of the Ctl, - be inimical to- or prevent- the carrylmg out.vthe intent And purposes of,the:State Eimer law, and. such"`Fermittee shall et be graded t o nfr¢ new permit Por a period:.of One `y etr ;tip• stm ;t�f r e�►+ap:t t Section 19. HOURS: CLASS`eB* It shall be unlawful to EId1.1,t $iw�► r_fig � t liver or consume beer in:.the places lass "B" permitteea froffi{ ` 12:00 o'clock midnight to 6.40 d .'clod a` m. the. roiloId- on week days$ and, between the hours of 12:0Ci ,o'clock midnight' 3 Saturday" and 7-:00 o'clock a. -m* the° following Monday morning. , Section 20. HOURS: CLASS "C". It shell'be unlawful for any Class "C" permittee to sell or deliver any, beer between thy► hours3 of 12,00 o 'clock midnight and six o 'clock a. m. the following morn,. F ing on week days, or between the hours of 12:00 midnight on Saturday and 74.00 o t clock a. m. the following Monday morninge Section 21. LIQUOR PROHIBITED. No liquor For beverage. p po 0 a having an alcoholic aontent greater than four per .cent, .by : . weight, shall be used or kept for any purpose in .the place of busi- noes or a class "B" permittee or on the premises of such pormittee f at any times but this prevision shall not apply in any manner or",, any way to drug stores, regularly and continuou$ly employing .a registered pharmacist from having alcohol ;in stock for`mediciaal and compounding purposes. Section 22. DANCING* Dancing is prohibited in any, place wherei beer is sold. Section 23. GAMES OF CHANCE. It shall be unlawful to :keep ®r a13. r' on the :premises of any Class "B" permittee, any machine, -slot macbin or device whereby any persons, 'by inserting coins or tokens in ,sai$_ devices, receives or, is liable to receive.a.,raward of '.money; at =erg; chandi se or anydi ng,.of value, or to possess a punch board or zanY.- device involving a game of chance. Section 24. SEATING CAPACITY. It .shall, be unlawful to sell bder for consumption on the premises, unless the place where such service Is made is equipped with tables and seats; to-a ecommodate twenty-five, (25) persons at one time: Section 25. FOOD REQUIRED. It shall be unlawful to sell any .'b_e�7P. . for consumption: on'the pranises unless food is served and, eonat d� _ . therewith, Section 26. GIFT OF BEER OR LUNCH PROHIBITED. It shall be unlaw_ ful for any permittee, his agent or servant, to give away,`beer, or to promote the ale- o .t.. er­by the gift of sm-` luticsh,, meal or ar- icles of food, except pretzels, cheese. or crackers. ' Section 27. ORIGINA'L GO NtAiNERS. - It shall be unlawful for any peg-., on' holding a Class permit -to sell beer .for consumption ofP the remises except in the�origiftal containers. a>. 28. BEER LAB ZLED It shall be unlawful: to sell beer nnl as the F bottle t keg, or other original container in which .the beer is s1 �. shall bear a label on the outside stating as follows: "This beet does not contain more than four per centum (0) of alcohol by s weight." " Section <28 . pOSTtRS'PROHIBITED. It shall be unlatvitil :faor' .L holder of any permit to exhibit or display or..permit t`o be ex� hibited or displayed on the premises any signs s or gosters` tain- :; ing the words *bar"` "barroom' , "saleon" or words of . ice i phi '"t Section 30. MINORS. It shall be unlawful. for any minor tof 86r';V1 ' beer in the p38oe of business of any 'pommit holder in which tie beer consttt*es more than fifty per cent f50�} business of selling. ., of the gross business transacted therein. Section.31. SALE. TO MINORS. It shall be.unlawful for +any ?®r go,n► except parent or guardian, to furnish to ang:.minor under, twen .. one (21) years of age, by .gift, sale or otherwise,; any,b owl., �. ._ Section 32. CONSUMPTION: UPON STREET PROHIBITED. It mha11 bo`. iutn., lawful for any, `person to use or consume beer upon the publ c .`$:t dt or highways" or ;in automobiles or other vehiclos on, said street or highways. Section 33, PENALTIES. Anyone violating any of the p"Asioha of this ordinance, shall, upon conviction, be subject to preo ment n6t exceeding thirty) (30) days;- tir to a fine not ei�cceAding One Hundred ($100.00) Dollars . Whenever the fine and costs iatposed for the violation of this ordinance are not paid, the person con.• victed° may be committed to jail until the fine and cots are not exceed ;ngs thirty (30) days. Section 34. All Ordinances -or parts of ordinan.ees in the provisions of this 'ordinance are hereby repealed. Section:, 35. This ordinance shall be in foroe and effect ,fry and f� 7 after. its passage and-publication as provided.: < 3 , e , Dated the 20th day of June 1935 . au, Mayor ATTEST W. ra er, y er .