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Ord 128-34 ~,i~ O~IN~NCE O~ ?XE Cf SiY OF DZLii~Y BE_~CH IN U20N ~,1~ ~RoC,~, ~o~I~Os OF P~ISONZ OR CO~- TH~ u=; ~XC~M~G~ PRO- I.~_Q{C~ ~,i~ 3ECO~ ~F~C~IV~ I~LI~'T/LY UPON Ifu BE IT ~2~L IT IS HEREBY 0RL~INED by the City Council of the City of Delray Beach in Palm Beach County, Florida: Section i That any person, association of per- sons or corporation before engaging in the business of manufactur- ing, selling, bartering or exchanging or in anywise dealing in or causing or being concerned in the manufacture, sale, barter or ex- change of any malt or vinous beverages commonly known as beer, porter, ale, wine or fruit juices containing not more than the legal per centum of alcohol, as are not prohibiteo by the laws of the Orate of Florida, or the ordinances of said city, shall before engaging in any such business within the corporate limits of said city, file under oath with the City Clerk of said city a written or printed, application for a license to conduct such a business, said application to be made upon forms to be provided by the City Clerk of said city. Such application shall state the character of the business to be engaged in, whether as manufactur- er, distributor or vendor and whether it is proposed ~o sell said beverage at wholesale or at retail, the street address of such place of business; if a restaurant or eatiug place the number of Dersons to be accommoaated, and if a hotel the number of rooms and if a club, whether such club has hotel rooms or their equiva- lent or h~s dining facilities or both. The applicant shall definitely and distinctly state whet~'r or not s~id beverage to be manufactured, distributed or sold by him will be manu- factured within th~ City of Delray Beach, or beyond the limits ef said City, or both; the applicant shall definitely request a license either ~s a manuf~cture~, ~ distributor o~~ a vendor. Any applicant ~ay receive ~ license as a m~nufacturer and dis- tributor but no license shall be issued to ~ m~nufacturer or a distributor as a vendor, nor sh~ll ~ny license be issued to a vendor as a manufacturer or distributor. Section ~o The ~ayor and City Council of said City of Delray Beach are hereby required and cirected to in- vestigate each of the aforesaid ~pplications and to either approve or disapprove such application. Section Z. Licenses herein referred to shall be classified as follows: (a) ~anufacturer -who shall be licensed to conduct a business of manufacturing the beverages herein referred to and distributiug or selling the same at wholesale to eithe~~ distribu. tors or vendors. (b) Distributors - who shall when so licensed be per- mi~ted to distribute within s~id city either in ¥~hole or in part, the beverages referred to herein at wholesale to vendors but who m~y not sell any such beverages at retail or to be consumed on their premises within said city. (c) Vendors -who sh~ll include ~ll persons, associa- tions of persons or corporations selling the beverages herein referred to within said city at retail ~nd such term shall embrace hotels, restaurants, club~, stores and all other places licensed to sell said beverage ~t retail within said city; no person shall purchase for the purpose of resale any of the beverages herein provided for from any person, firm or corpora- tion not duly licensed under this Ordinance. No vendor shall import or engage in the import~.tion of ~ny such beverage from places beyond the limits of the City of ~elray ~e~ch for the purposes of resale. Section 4. Every vendor shall pay an annual city license fee for each place of business within said city in the sum of Seven and 5e/100ths Dollars ($~--~). ~ ~here a hotel and ~ restaurant or dining room are jointly operated only one license fee shall be paid . Clubs or associations of persons of a similar nature, whether incorporated or not incorporated for profi~ or not for profit, shall if they h~ve hotel rooms or their equivalent or have ~ining f~cilitie~ or both, pay an annual city license in the sum of Seven and ~0/100ths Dollars Section ~. Each manufacturer authorized to do business within said city under this 0r~inance sh~ll pay a city license fee of ~'hree Hundred oeventy-five Dollars (~?~.00) per annum for eachmamufacturing plant or establis~nuent he may opers~te within said city, provided, however, that manufacturers engaged e~clusively in the production and processing of fruit Juices described in this Ordinance shall pay ~n annual City license fee of One Hundred Twenty-five Dollars Section 6. ~ach distributor or wholesale dealer authorize~ ~o do business under ~his 0r~iuance shall p~y a City license fee of ~en Dollars (~10.00~ for e~ch ~nd every v~holesale establishment or branch which he may operate or conduct either wholly or in p~rt within said City. Section 7. That each of the license fees herein- above provide~ for shall be payable to'the City of Delray ~each in i~alm Beach County, =lorida and shall be payable on the f~rst day of October, .~. D. 19~4 and ~hall cover a perio~ of twelve (12) months, aha shall thereafter be due and payable for each period of one year co~nencin~ on the first day of October and for each and every succeeding year taereafter. Provided, however, that if such person, association of persor_s or cor- poration shall not begin to engage in such business or buainess- es until after the first ~ay of :~pril of any year, such person, association or oersons or corooration oz~all be required to pay only one-half of the amount of such license tax u~r:til such license shall e×pire or unless revoked as hereinafter provided. ~ection 8. ~hat upon receiot of such application, as hereinabove providea for anu the ap-?roval thereof by the aforesaid ldayor and City Council, and upon the payment of the license fee hereinabove providea for, the CiVy Clerk of zaid Oity shall issue ~o Vhe person, associabion of ~ersons or cor- poration, m~ing such apv~lication aha ~' ~ . ~ ~.y~n~ such license fee, a license sign~ by said. City Clerk which license shall bear the date of its issuance, the amoun~ of tax oaid, the name of the licensee, said licensee's o!ace of busl~c,..~s .... ~ ~.aid license shall a~sc ~eczt. that the same will exp~e on the ~Oth day Seotember nex~ succ~ing~a the a ate of its issuance/~_less revoked by the City Council of the aforesaid city; that such license is revokable by the Czty Council of said City upon sufficient cause a~oDearin~ of the violation by any licenses of t~e'~ laws of ~.~e [~zte~'n' ~ ~tates of ~merica, the Dtate of Florida or the Ordinances of the City of De!ray ~each, for main;aini~ a nuisance or ~sanit ry pre~ises or I'or engaging in or Dermit- tin~ diso~erly conduct on the premises; that such license does not authorize, emvo~er~ or ~,'-~ermit such p=r~on,~ ~, association of persons or corporation to e ..... o~ in or carry on suoh business or b~:i:~.esses within one hundred ya~s (100 yas.) of the campu~ ' of any public school within said city between the hours of eight o'clock ~.. ~2. and fo~3r o'clock P. ~., duz-ing the regular school %erm and during the days the public schools are in 'session, and that sucf. licensee is prohibited from selling or i~ermitting to be sold, deliveriesC or permittin~ to be delivered to any person under the age of e~inteen [18) years any such beverages. Section 9. Licenses as herein provides shall be issued only to citizens of ~he United Jtates of ~'ood moral character who have not been convicted of any offense involving moral turpitude and ,~;ho are not less th. an twenty-one years of age. Licenses ~o corporatior~s shall be issued only to corpora- tions whose directors and officers are citizens of the United States and who have not been convicted of ~ny offense involving moral turpitude. There shall be no exemvtions from the license taxes herein provided to any person, association or persons or corporation, any other o~x]inance to the contrary notwithstanding. Section 10. ~ach and every of the aforesaid licenses so issued by said City Clerk may be revoked by a majority vote of the City Council of said City upon sufficient cause appeari~ of the vi~lation by any licensee of the laws of the United States or the State of Florida or Ordinances of the city of Delray Beach, or for maintaininM a nuisance or unsanitary oremises or for engaging in or permitting disorderly conduct on the premises. Section ll. It shall not be necessary for the employees, servants or agents of the licensee to obtaLn a license i! to engage in the business herein referred to as such serVants, agents or employees of a licensee. Section 12. It shall be unl.awful for any person, association of persons or corporation to sell, either at whole- sale or retail within said city, any such beverages as herein provided for until such per, on, association of persons or cor- poration shall have procured the license hereinabove provided for which license shall be displayed in a prominent location in said licensee's place of business. Section 12. It shall be unlawful for any person, assobiation of persons or corporation to engage in or carry on the b~siness of manufacturing or sel!in~!, whether at wholesale or retail, any such beverages as herein referre~ ~o and provide~ for within one hundred (1001 yards of the campus of any public school within said City between the hours of eight o'clock ~.. ~. aha four o'clock 5~'. L~. auring ~he regular school term, and Curing the days the public schools are in session, or to sell or permit to be sold or deliver or permit to be delivered the sarae within said City to any person under the age of eighteen (15) years, ~ec%ion l~. .~my person, association of persor~ or corporation violating the ~erms of ~his 0r~inance or any sectBon or part thereof shall, upon conviction thereof, be fined in ~n amount not exceeaing Five Hundred Dollars ($~00.00) or imprisoned! in the City Jail or ~t hard labor on the streets or other public ~ works of said City for a term of not more than sixty (~0) days or by such fine and imprisonment. ~eetion 1~. ~,11 orair~ances and parts of Crainance~ in conflict with t~is orainance be and the same are hereby re- pealed. Section 16. In case any section or portion of section of Phis 9rminance shall be held or declared uncormtitu- ~ tional or in any manner illegal, it shall not affect the v~,lidity ,.I' of the remaining .~ortions of said ~.rdinanceo Section l?. That an emergency iz ~:Lereby declared to exist and this Ordinance shall therefore beco:~e effective immediately upon its passage. P~OS'.ED ~2~D ~DmG~TED this ~ 7~ d~y of_~~m~~ A. D. 19Z4. ~s city :co~Ck~'fi of th'e" City of Delray'Beach in Palm Seach Co~ty, Fla. ATTES ~; ' City Clerk.