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)