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HomeMy WebLinkAboutCity Council Ordinance 1965-01VILLAGE OF PLYMOUTH ORDINANCE NO. 65-1 An Ordinanc* Rusting to the Salt of Non-Inioxicaftq! Wah Liquor, ProvWing Licenses Thtrefor, Providing P*nslfi*s for Viola#iou and Atpealing Or. dinance No. 60-12 and Amend- ments Thereof of the Villas* of Plymouth. The Village Council of the Vil- lage of Plymouth do hereby or- dain as follows: Section 1—D*finitions. 1.01 "Person" when used here- in shall mean a natural person of either sex, co -partnership, corpor- ation or any other association of persons. 1.02 "Neer" or "non-intoxicat- mg malt liquor" when used here- in shall be held to be anj malt liquor or beverage which contr-ins not k ss than % of 1% and not more than 3.2% of alcohol b. weight. 1.03 "Public Place" when used herein shall mean any place, other than a private home where two or more persons or groups of per- sons or the public congregate or frequent, and shall include but not be limited to clubs, taverns, beer stores, drug stores, restau- rants and hotels. Section 2—Licenses. 2.01 No person shall engage in the business of selling non-intox- ieating malt liquor, or shall vend, deal in, or dispose of, by gift, sale, or ntherwise, any non -intoxicating malt itquor, without first having obtained a license to do so from the Village Council. 2.02 I "censer under this ordi- nance : .all be of two kinds, to - wit: (a) "On -Sale" licenses, which shall permit the licensee to sell non -intoxicating malt liquor for consumption on the premises of the licensee described in the license. (b) "Off -Sale" licenses, which shall permit the licensee to sell such non -intoxicating malt liq- uor in original packages not to be consumed upon i to premises described in such license. 2.03 The annual fee for an "on - sale" license shall be $100.00. The annual fee for an "off -sale" license shall be $15.00. 2.04 The Village Council may issue an "on -sale" license to a religious or non-profit corporation or associatio 'or an annual fee of $10.00. Provided, however, that approval of the Village Council shall be required for each occa- sion on which said religious or non-profit corporation or associa- tion offers non -intoxicating malt liquors for sale or disposal. Ap- plications for such a license shall be made to the Village Hall in the same manner as required in other sections of this ordinance. 2.05 All licenses shall expire on the last day of June in each year. Each license shall be issued for a period of one (1) year, ex- cept that if a portion of the license year has elapsed when the appLeation is made, a license may be issued for the remainder of the year for a pro -rata fee. In com- puting such fee, any unexpired fraction of a month shall be counted as one (1) month. 2.08 No part of the fee paid for any license issued under this or- dinance shall be refunded except in the following instances upon application to the Village Council within twenty (20) days from the happening of the event. There shall be refunded a pro -rata por- tion of the fee for the unexpired period of the license, computed on a monthly basis, when opera- tion of the licensed business ceases not less than one (1) month before expiration of the license because of: (a) Destruction or damage of th-� licensed premises by fire or other catastrophe. (b) The licensee's illness. (c) The licensee's death. (d) A change in the legal status of the municipality mak- ing it unlawful for the licensed business to continue. Section 3—Application. 3.01 The application of a per- son for such license shall state the age of the applicant and whether the applicant is married or single; whether the applicant is a registered voter; the various addresses at which the applicant may have lived or resided during the last five (5) years preceding the making of such application; the kind and location of every business and occupation that the applicant has been engaged in during the last five (5) years be fore the making of such applica- tion, together with the name and address of any employers by whom engaged during the said period; whether the applicant has ever been arrested for or convict- ed of any crime or violation of any ordinance; when, where and for what any such arrests or con- victions have been made; whether the applicant has ever been en- gaged in operating a saloon, cafe, soft drink parlor or other business of a similar nature, and if so en- gaged, when, where and for how long; the floor number, street and legal description of the premises where sale is to be conducted; name and address of owner and of any and all leases or sub -leases of real estate, building fixtures and furniture where such non - intoxicating malt liquor is to be sold; the name and address of any and every person who will have charge, management or con- trol of the place; name of three or more persons who may be re- ferred to as to applicant's char- acter. If applicant is a corpora tion, the applicant shall give the name and general purpose of the corporation, and the state under which the applicant is incorporat- ed, and also the names of the officers and direr' w s, and their addresses; as to each of said offi- cers and directors, the informa- tion shall be furnished as to them as is required above for an indi- vidual applicant; ;ueh other in- formation as the Village Council may from time to time require. 3.02 The Village Council shall cause an investigation to b,! made of the facts stated in said appli- cation in regard to the premises where the business is to be con- ducted and as to the character, rputation and fitness of the ap- plicant, for the purpose of ascer- ta inns whether the same are as represented in said applf-ation, and whether the license applied for should be granted. Such in- vestigation shall include a consid- eration of the premises with re- gard to zoning and building ordi- nance and the proximity of schools and churches. Opportun- ity shall be given to anyone -who wishes to be heard in the matter as c;, why a license should or should not be granted or renewed. After such investigation, the Vil- lage Council may grant or refuse such license. provided that the granting thereof does not violate any other provisions of this ordi- name. 3.01 Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be is- sued only to the premises de- scribed in the application. No license may be transferred to an- other place without the approval of the Village Council. Section 4—1las:lctioas an Issu. once of Lkensaa. 4.01 No license shall be grant- ed hereunder to any applicant who already owns a license of the kind applied for, and no license shall permit either "on - sales" or "oft -sales" by the holder of said license, except on the premises for which the license is granted. 4.02 No license shall be issued to any person who has been con- victed of a felony or who has been convicted two or more times of a public offense other than a felony, or who has been guilty of violating any of the provisions or parts o: this ordinance or who shall have been found guilty of the illegal sale, possession, man- ufacture or transportation of in- toxicating liquor. 4.03 No license shall be grant- ed to any person not a citizen of the United States. No license shall be granted to any person for operating upon any premises upon which taxes or assessments, or financial claims of the Village are delinquent and unpaid. 4.04 No license shall be grant- ed at or in any building, room or place in the Village of Plymouth wherein two or more violations of this ordinance have occurred, for a period of one (1) year from and after the date of the last of such violations, Section 5—Conditions of Lic*n" and Aaqulations. 5.01 No person shall sell or serve non -intoxicating malt liq- uor to any person under twenty- one (21) years of age No person under twenty-one (21) years of age shall be employed in any Place where non -intoxicating malt liquor is sold or served in any capacity relating to the selling or serving thereof. 5.02 The premises named in any license shall at all times while open to the public be also open to inspection and examina- tion by any police or health offi- cer of the Village. It shall be un- lawful for any licensee to shade or obscure any window or win- dow in a door in such manner as to prevent a clear view into the interior of the licensed premises. 5.03 No person shall consume, display, sell or serve non -intoxi- cating malt liquor on any licensed Premium between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M., Monday through Saturday, or between the hours of 1:00 O'clock A.M. and 12:00 o'clock Noon on Sundays, or between the hours of 1:00 o'clock A.M. and 8:00 o'clock P.M. on any primary, special or general election day. Section 6—Nevocation and Sum - pension. 6.01 A conviction in any court for violating any of the provi- sions of this ordinance shall in and of itself be cause for revoca- tion or suspension of a license by the Village Council, 6.02 Following such conviction, the Village Council may either revoke or suspend the license. 6.03 Prior to any such revoca- t4on or suspension the Village Council shall give notice to the licensee of the fact that it is con- sidering such revocation or sus- pension and shall invite the licensee to appear at a specified date, time and place for a hearing on such revocation or suspension. Such notice shall be given to such licensee not less than three (3) days prior to the time of such meeting. 6.04 Following such hearing, the Village Council may revoke such license or may suspend its operation for such period of tin e as it in its judgment may elect. Section 7—Paaally. 7.01 Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $100.00 or imprisonment for not more than ninety (00) days plus the costs of prosecution in either case. Section 8—lbpoal. 8.01 Ordinance No. 60-12 of the Village of Plymouth and all amendments thereto is hereby re- pealed. Section 9-F.Pactive Data. 9.01 This ordinance shall take effect from and after its passage and publication. Adopted this 4th day of Jan- uary, IM. Loring M. Staples, Jr., l8eal) Mayor Attest: H. T. Johnson, clerk. (1/14,'65)