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Ord 132-34 ORDINANCE NO. 132. AN ORDINANCE OF TEE CITY OF DEI~AY BEACE IN p~r,~ BEACH COUNTY, FLORIDA, REGULATING AND CONTROI~ING THE N~ACTURE, DISTRIB~- TION AND SAI~ OF INTOXICATING I~IQUORS, WINES OR BEERS; I~POSING A LICENSE TAX UPON ANY PERSON, ASSOCIATION OF PERSONS OR CORP.0RA- TION ENGAGING IN THE BUSINESS OF N~EIFACTUR- ING, SEI~ING, BARTERING, EXCHANGING OR IN ANYWISE DEAT, TNG IN OR CAUSING OR BEING CON- CERNED IN THE NANUFACTURE, S~,E, BARTER OR EXCHANGE THEREOF; PROVIDING RESTRICTIONS, CONDITIONS AND LI~ITATIONS RELATIVE TO THE ISSUANCE ~ND FOR THE REVOCATION OF SUCH LICENSES; PROVIDING PENALTIES FOR THE VIOLA- TION OF THIS ORDINANCE; REPEAIJ_NG AT, T. ORDINAN- CES, 'AND PARTS OF ORDINANCES IN CONFT, ICT HEKE- WITH; DECLARING AN E~[ERGENCY AND PROVIDING THAT THIS ORDINANCE SWAT,T, BECG~E EFFECTIVE Tw~.DIATEL¥ UPON ITS PASSAGE; AND FOR OTHER PURPOSES · BE IT AND IT IS ~_EBY ORDAINED by the City 0ounoil c~ the City of Delray Beach in Palm ~each County, Florida; '""~ 'Section 3.** T~t ~ person, association of persons or corporation before engaging in the business of manufacturing, selling, bartering or exchanging or in anywise dealing in or causing or being concerned in the manufacture, sale, barter or exchange of amy intoxicating liquorS, wines or beers, shall before engaging in any such business v&thin the corp~ate 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 m~de upon forms to be pro- vided by the City Clerk of said city. Such application shall state the c~aracter of the business to be engaged in, whether as manufacturer, distributor or vendor and whether it is proposed to sell said beverage at wholesale or at retail, the street address of such place of business; if a restaurant or eating place, the number of persons to be accommodated, and if a hotel the n~mber of rooms and if a club, whether such club has hotel rooms or their equiva- lent or has dining facilities or both. The applicant shall definitely and distinctly state whether or not said beverage to be manufactured, distributed or sold by him will be manu- factured within the City of Delray Beach, or beyond the limits of said City, or both; the applicant shall definitely request a license either as a manufacturer, a distributor or a vendor. Any applicant may.receive a license as a manufacturer and dis- tributor but no license shall be issued to a manufacturer or a distributor as a ~endor, nor shall any license be issued to a vendor as a manufacturer or distributor. Section ~. The Mayor and City Council of said City of Delray Beach are hereby required and directed to investigate_ each of the aforesaid applications ami to either approve or dis- approve such application. Section 3. Licenses herein referred to shall be classified as follows: (a) lgamzfaeturer -who shall be licensed to conduct a business of manufacturing the intoxicating liquors, wines or beers herein referred to and distributing or selling the same at wholesale to either distributors or vendors. (b) Distributors -who shall when so licensed be per- mitted to distribute within said city either in whole or in part, the intoxicating liquors, wines or beers referred to herein, at wholesale to vendors but who may not sell any such intoxicat- ing liquors, wines or beers at retail or to be consumed on their premises within said city. (c) Vendors -who shall include all persons, associa- tions of persons or corporations selling the intoxicating liquors, wines or beers herein referred to, within said city at retail and~ such term shall embrace hotels, restaurants, clubs, stores and all other places licensed to sell said intoxicating liquors, wines or beer at retail within said city. Section 4. ~very vendor shall pay an annual license (city) fee for each place of busine'ss within said city in the sum of ilo erson firz~.~ or coroo a ion a 1 en2e?~e in or manage, carry on or conduct the 0u~znes~o. retail or whole,sale vendor, or club, as here[n!defi~ed~, without first ootain- lng a license es herein ~Dr~vide~, ~-?or each location in the City of Delray Beach; the amoun% ~f such license zs hereby fixed as follows: ~holes~.le vendor selling liquor, wine, or beer, regardless of alcoholic Oontent .......... ~1,250.00 Wholesale vendor selling beverages containin~ alcohol of more than 1~ by wezgat, and not ~aore taan 14~ by weight, and wine, regardless of alcoholic content . .~ 200.00 Retail vendors, sellin~ beverages consmued on the prem- ises, r~gardless of alcoholic content . . ~ ~ Retail vendors selling beverages, regardless of alcoholic content, where 'the bever~ges are sold only in sealed con- tainers, for constumption off the premises . .:~ ~ ~ Clubs, as defined herein ..... $ 125.00 Retail vendors selling beverages containing alcohol of more than 1% by wei~ht, end not more than 14~ by weight, and v~ines, regardless of alcoholic content .~ $ 15.00 Two Hundred Fifty Dollars ~) Where a hotel and a restaurant or dining room are ~ointly operated only one license fee shall be paid, ~. Clubs or associations or persons of a similar nature, whether incorporated or not incorporated for profit, or not for profit, shall if they have hotel rooms or their equiva- lent or have dining facilities or both, pay an. annual city license in the sum of Two Hundred Fifty Dollars ($250.00).~-¢1, i,~/,; Section 5. Each manufacturer authorized to bo business within said city /this ordinance shall pay a city license fee~ of TWo ltmadred ~i 7~Dollars {$Z§O.O0} per at, mm for eaoh manufacturing plant or establishment he may operate within said city. Section ~. Each distributor or wholesale dealer authorized to do 'b~siness under this ordinance shall pay a City l~a " b,r~oh whi~ he may operate or every ~o lo e'~lishment or coquet e~ther wholly or ~ part w&~ saz~ :~ 3eotion ~ ~ach of ~e license fees here~above provided for s~ll be pa~ble to the City of Del~y Beach in ~a~ Beach ~ty, Florida, and -shall be pa~le on the first day October, A. D. 193~ and shall cover a period of ~elve months, ~d sha~ thereafter be due and ~ayable for eaoh period ~f one year c~enc~g on the first d~ of October a~ for each a~ every sucoee~ year g~ereaf~er. 2rov~e~ ~o~ver, if such pers~, asso~.ation of persons or corporatiOnes shall not~ ~eg~ to e~age ~ suc~ ~siness or bus~ess/~til after so~ or co~orati~ shall be required to pay o~y one-~lf amo~t of such license tax ~til such license sh~l expire or ~lesm revo~d a~ here~a~er Section 8. T~m.t UPon receipt of such application, which shall be filed with the City Council for a period of not less than fourteen (l~) days, as hereinabove provided for and the approval thereof by the aforesaid Nayor and'City Council, and upon the payment of the license fee hereinabove provided for, the City Clerk of s~id City shall issue to the person, associa- tion of persons or corporation, making such application add pay- ing such license fee, a license signed by maid City Clerk which license shall bear the date of its issuance, the amount of tax a~, the name of the licensee, said l~e~ns_e$/.'s plase /Of and said license shall also recite that the same will expire on the 3 0th day of September next succeeding the date of its issuance' unless revoked by the City Council of the aforesaid city; "that such license is revokable by the City Council of said City ~pon sufficient cause appearing of the violation by any licensee of the laws of the United States of America, the State of Florida or the Ordinances of the City of Delray ~each, for maintaining a nuisance or unsanitary premises or for engaging Lu or permit- ting disorderly conduct on the premises; that such license does not authorize, emp, ower or permit such person, association of persons or corporation to engage in or carry on such business or businesses within one hundred yards (100 yds. ) of the campus i of any public school within said city between the hours of ~ eight o'clock A. ~. and four o'clock P. ~. during the regular school term and during the days the public schools are in session, !iand that such licenses is prohibited from selling or permitting to be sold, delivering or permitting to be ~elivered to any iperson under the age of twenty-one (El) years any such beverages. Section 9. That no ~toxicating lights, win~'or beer shall be sold withLu theory of Delray~,ach in ~s quantities II Section t'0. ?~t no person who is a ~ealer in intoxicating liq%ors, wines or beer shall sell or furnish any intoxicating liquors, wines or beer in any quantity to an habitual d~ personally lmo~ to him. Tlmt no person who is a dealer in i~tox- loafing liquors, wines or beer shall sell or furnish any Lutoxioa- ting liquors, wines or beer to any person of intemperate habits when such dealer has been notified in writing protesting againa~ the selling or furnishing of such intoxicating liquors, wines or beer by the wife, father, mother, brother or sister of such person of intemperate habits. ~leotion ~l. ~ no person who is a ~lealer in intoxicating iliquors, wines or beer by himself or another, shall sell or cause itc be sold or furnished or permit any person in him emplo2 to sell ~' or furnish a~v minor or any pers c~ who is at the time intoxicated or dmmk, intoxicating liquor, wine or beer, 1.~ any qu~tity. Section 1~. That it shall be unlawful for any person '?keeping or carrying on, either by himself or another, a place iWherein intoxicati~ liquors, ,~lmes or beer are sol~ by retail Sec,ion l~o ~i~,t ~tj shall be ~l.a~l for any person tO . iSell intoxicating liquor~ wines or beer~Sunday, or on general, [~'clock P. ~o and s~ven o'clock A. 1~. hh Section 1~. ~ no dealer in intoxicating liquors, wines i~r beer s~all himself drink, consume or give away any intoxicating iquor, wine or beer ~ ~ qma~a'bity on tlxe premises where ~iquor, wine or beer is sold, nor shall he permit or suffer any ~asistant, servant, employee, purchaser or any person whomSoever to drink, consume or give away any intoxicating liquor, wine or beer on such premises, nor shall he provide any other premises with the intent to defeat the policy of this ordinance. Section l~. Licenses as herein provided shall be issued only to citizens of the United States of good moral character who have not been convicted of any offense involving moral turpitude and who are not less than twenty-one years of age. Licenses to corporations shall be issued only to corporations whose directors and officers are citizens of the United States and who have not been convicted of any offense involving moral turpitude. There shall be no exemptions from the license taxes herein provided to any person, association of persons or corporation, any other ordin- ance to the contrary notwithstanding, Section 17. Each 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 appear- lng of the violation 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 maintaining a nuisamme or unsanitary premises or for engaging in or permitting disorderly conduct on the premises. /. Section 18. It shall not be necessary for the employees, servants or agents of the licensee to obtain a license to engage in the business herein referred to as such servants, agents or employees of a licensee. Section 19, It shall be unlaw~ for any person, association of persons or corporation to sell, either at whole- sale or retail within said city, any such liquors as herein - provided for u~til such person, association of persons or cor- poration shall have procured the license hereinabove provided for which license shall be displayed in a prominent location in maid licensee's place of business. ~/~ection P.O. ~t ~zall be uml~v~"~.l for or retail, ~ ~c~ l~uors as ~ere~ ~ferr~ to an~ provide~ for wit~n ~e h~eA (100) ~s of the c~m~s of a~ ~ublic school with~ s~id City~tween the ho~s of e~ht o'clock A. a~ f~r o'clock 2. M. ~lng the reg~ar school term, a~ ~ur~g the days the public schools are in session, or to sell or permit to be sold or deliver or pe~t to be delivered the ~e within said~ty to a~ person ~der the age of twenty-one (21) years, / ~. Section ~. ~y person, association of ~rsons or corporation violat~ the terms of this o~~e or a~ section or part thereof shall, upon conviction thereof be fined in an ~o~t not exceed~g Five H~dred Dollars ($500.00) or ~prisoned in the City Jail or at ha~ labor on the streets or other ~blic wor~ of said city for a term of not more than sixty (60) days or by such f~e and ~priso~ent. Section 22. Ail ordinances and parts of ordinances in c~n- flier with this ordinance be and the same are hereby repealed, ) Section 23. In case any section or portion of a section of this ordinance shallbe held oral eclared unconstitutional or · in any m~er illegal, it shall not affect the validity of the ~' remaining portions of this ordinamm e, ~ Section 24. That an emergency is herebydeclared to exist and this ordinance shall therefore beccme effective immediately upon its passage. PASSED AND ADOPTED this ETth &ay of D~c~mber, A. D. 19~. Presiden~ oX the ~i~y 0oun~ cil of Delray Beach, Florida, ATTEST: