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)