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HomeMy WebLinkAboutCity Council Ordinance 1964-03Ordinance No. 64-3 Ordinance No. 64-3 AN ORDINANCE RELATING IJ LIQUOR CONTROL AND ESTABLISHING A MUNICI- PAL LIQUOR DISPENSARY The Village Council of the Village of PlTnwuth do hereby ordain as follows: Section 1. D•Snitions. For the purposes of this ordin- ance, the terms defined in this section shall have the meanings given them. 1.01 "Beer" means any malt beverage with an alcholic content (if more than one-half of one percent by volume, and more than 3.2 percent by weight. 1.02 "Dispensary" means an exclusive municipal liquor store, belonging to the village and con- sisting of an establishment used exclusively for the sale (off -sale only), of liquor, cigars, cigarettes, ice, all forms of tobacco, beer and soft drinks, at retail. 1.03 "Liquor" means and in- cludes distilled, fermented, spir- itous, vinous and malt beverages containing in excess of 3.2 per- cent of alcohol by weight. 1.04 "Minor" means any person under twenty-one (21) years of age. 1.05 "Off -sale" means the sale of liquor in the original package or packages, at retail stores, for consumption off or away from the premises where sold. 1.06 "Sale", "sell" and "sold" mean and include all barters and all means of furnishing intoxi- cating liquor or liquors in vio- lation or evasion of this ordin- ance. Section 2. Dispensary Estab- lished. 2.01 There is hereby established in the Village of Plymouth a municipal liquor dispensary for the off -sale of intoxicating liq- uors at retail. Section 3. Location and Oper- ation. 3.01 Such municipal liquor dis- pensary shall be located at such suitable place or places in the village as the council may deter- mine. 3.0:. No premises upon which taxes or other public levies are delinquent shall be leased for dispensary purposes. 3.03 The dispensary shall be in the immediate charge of a dispensary manager who shall serve under the supervision and direction of the Village Council. Policies relating to the operation of the dispensary shall be deter- mined by the Village Council. 3.04 The dispensary manager shall be assisted by such other employees as the council shall authorize for that purpose. 3.05 The dispensary manager shall furnish a bond in such amount as the council may de- termine, conditioned upon the faithful discharge of his duties. The council may also require any other dispensary employee to furnish such bond. The council may also obtain a bond or in- surance against dishonesty of any dispensary personnel or against mysterious loss or disappearance of dispensary money or property. The premium on any such bond or insurance may be paid by the village or by the individual bonded, as the council may de- termine. The council may also provide such other insurance upon the dispensary, its person- nel, its operations and its prop- erty as it may deem advisable. 3.06 The dispensary shall be open for business only during the days and hours and to the extent that the sale of liquor is authorized by law. 3.07 A separate dispensary fund shall be maintained, in which all revenues received from the op- eration of the dispensary shall be deposited and from which all ordinary operating expenses thereof shall be paid. Surpluses accumulating in the fund may be transferred by the Village Council by resolution to any other fund of the village and ex- pended for any municipal pur- pose. 3.08 No dispensary merchandise shall be sold on credit, but checks may be accepted in pay- ment, in the discretion of the dispensary manager, for the pur- chase price. 3.09 The dispensary shall be kept in a clean and sanitary con- dition and shall be insreeted by the health officer of the village at least once each month. 3.10 As soon as possible fol- lowing the close of each fiscal year, the council shall obtain an audit of the accounts of the dis- pensary by the public examiner or a qualified public accountant. 3.11 Any employee of the dis- pensary who willfully violates any of the provisions of this ord- inance or any law relating to gambling or the sale of liquor or beer shall be discharged, and such discharge shall not relieve him of any penalty provided by Section 6 of this ordinance. Section 4. Certain Ads Pro- hlbiled at Diaper. 4.01 No minor shall be employ- ed by or take employment at the dispensary. 4.02 No minor shall be per- mitted to remain on dispensary premises. 4.03 No liquor or beer shall be purchased at the dispensary by a minor or sold or served, directly or indirectly, to a minor on the dispensary premises. 4.04 No persons of a known immoral character and no dis- orderly person shall be permitted on dispensary premises. 4.05 N,3 person shall loiter or be permitted to loiter, habitually, on dispensary premises. 4.06 No person shall gamble or permit gambling on dispensary premises. 4.07 No person shall keep, pos- sess or use any dice, slot machine, playing cards or other gambling device, or permit the same to be kept, possessed or used on dispensary premises. 4.08 No pool table or billard table shall be kept or used on dispensary premises. Section 5, Other Illegal Acts. 5.01 No liquor shall be sold at retail in the village except at the dispensary, or by anyone not employed in the dispensary. 5.02 No mirror shall enter the dispensary or any premises li- censed for the retail sale of beer for the purpose of purchasing or having delivered to him any liq- uor or beer. 5.03 No minor shall consu►ne liquor or purchase, attempt to purchase or have another pur- chase for him any intoxicating liquor. 5.04 No person shall misrepre- sent or misstate his age. or the age of any other person for the purpose of inducing any person to sell or deliver any liquor or beer to a minor, or for the pur- pose of violating any other pro- vision of this ordinance. 5.05 No minor shall have in his possession any liquor or beer with intent to consume the same at a place other than the house- hold of his parent or guardian. Possession of such liquor or beer at a place other than the house- hold of his parent or guardian shall be puma facie evidence of intent to consume the same at a place other than the household of his parent or guardian. 5.06 No person other than a parent or guardian of a minor shall procure liquor or beer for such minor. Section 6. Penally. 6.01 Any person convicted of violating this ordinance shall be punished by a fine of not more than $100 or imprisonment for not more than 90 days, Section 7. Effective Date. This ordinance shall be effec- tive upon its passage and publi- cation. Adopted by the Village Coun- cil on the 17th day of August, 1964. (Sgnd.) Aaron I. Curtis Acting Mayor ATTEST: H. T. Johnson Village Clerk (8-27,'64)