O#175ORDINANCE #lVS.
AN ORDINANCE BY THE TOWN OF BOYNTON, PALM BEACH
OO T , F OR m, RE TIN AND C0 ROLLZ
SALE A~D T~NSP~RT~TION O~ MALT ~ VI~S ~~ ~2~
~0~ AS BE~, poRTER, ~r~E, ~E OR FRUIT ~C~, A~ E~,
R~, GIN, B~I~ AN~ A~ OTHER _~COHOLIC B~GES A~ S~CH
SI~R BEE~GES T~T ~ NOT PROHIBITED ~ T~ ~WS OF T~
STATE O~ ~ORI~: PROHIBITING T~ SALE T~EOF IN C~TAIN
AR~S: PRO~IDEG FOR TE FO~ OF ~PLICATION FOR LIOENSE:
P~CRIBING AND FIXING LI~SE E~ AND TE COL~CTION A~
V!O~TION OF THE PROV!SI~NS OF E~S .OR~N~-, R~_.
· ND HE RINe
BE IT ~ORDAINED BY TRE COMMISSION OF THE TOWN
OF BOYNTON, PALM BEACH COUNTY, FLORIDA:
SECTION 1. That any person, firm, partnership,
association of persons, er corporations, before engaging
in the bEsiness of manufacturing, selling, bartering or
exchanging, or' anywise dealing in, er being concerned in
the manufacture, sale, barter or exchange of any malt er
virtus beverages, commonly known as beer, porter, ale, wine,
er frmit Juices and whiskey, rum, gin, brandies and ail ether
alcoholic beverages and such similar beverages 2hat are not
prohibited~by the laws of the State of Florida, containing
more than of 1% of alcohol', shall, before engaging in
any such business, or businesses, file under oath with the
Tax Colleetorof the Town in which the place of business ef
each such person, firm, partnership, association of persons,
er dorporations shall be located, ~ written or printed
plioation for a license to denduct such business; said ap-
plication to bemade upon the formt~o~elm'evided for tl~
Tax Collector by the CcmmissZon .of said T~wn of Boyntc~.
Such application shall state the character of the
business to be engaged in whether as manufacturer, distributor,
or vendor; and whether it is proposed to sell said beverages
for wholesale or retail; and if a manufacturer, or distributor,
shall designate the place of manufacture, and if a vendor,
shall designate the place of sale. The applica~h shall either
produce his, her, or its state license, or produce satisfactory
evidence bh~t he, she, or it~ ~sduly li?~n~_ed under.the laws
of the State of Florida, and shall definm~e~yreques~
license either as amanufact~rer, a distributor or vendor.
The application shall further state that the applicant, if
an individual, or if a partnership, each of the members~of the
partnership, or if a corporation, each of
fleers, is a citizen of the United ~ss than
21 years ~of age and h~s not been convicted offense
with the Ordinance relating to ~the transaction of such
business.
The Town Commission is hereby ~iven full power and'
authority upon sufficient cause appearing of the villation
by a~$ licensee of the laws ef the United States, of this
State, or the Ordinances cf the City to revoke the license
of such licensee. Licenses may also be ~evoked for main-
taining a nuisance or unsanitary premises, or for engaging in
er permitting disorderly conduct on the premises, or where the
applicant shall have made a f~tse statement i~ any suc~ ap-
plication for a permit.
SECTION 3. Licenses herein referrsd to shall
be classified as follows~
lA) Manufacturers, who shall be licensed to con-
duct a business of manufacturing the beverages herein referred
to and distributing or selling the same at wholesale to either
distributors or vendors.
(B) Distributors, who shall, when s? licensed,
be permitted to distribute the beverages herein referred to
at wholesale to vendors but who may not sell amy such bev-
erages at retail or to be consumed on thei~ premises.
(C) Venders shall inc!u~e all persons, associations
of persons or corporations selling the beverages herein re-
ferred to at retail and such ~erms shall embrace hotels, res-
taurants, clubs, stores~ boats, dining cars (such dining car
not attached to a train) and all other places licensed to sell
said beverages at retail. No vendor shall purchase for the
purpose of resale any of the beverages herein provided for,
from any person, firm or corporation not duly licensed under the
laws of the State of Florida. No vender shall import or engage
in ~he importation of any such beverage from places beyond
the limits of the State of Florida for the purpose of resale.
SECTION ~. Each vendor operating a~bar, or other
place where alcoholic drinks, in addition to beer and wine are
sold by the drink, shall pay an annual license fee of $800.00.
vendor of beers and wines who does not have a license ~o sell
other alcoholic beverages, shall pay a license fee of $18.00.
Each vendor operating a package store shall pay an annual
license fee, in addition to all other fees herein provided for,
of $~80.00. Provided, however, t~t if any such vendor, last
above named, desires to purchase a license for a half year, that
such vendor shall pay for such oho half year's license ~wo-
thirds of the amount of the yearly license in th~s s~ction
provided for.
Where a hotel and restauran~ or dining room are
Jointly operated, only one license fee shall be palid, and
that shall be the highest fee applicable to either the hotel
or the restaurant.
'involving mo~al turpitude, an~ sb~ll g~ve information as to
te carry on the business authorized by the permit for himself
and notas the agent of any individual, part~a~ship, assoe-
iatiom, or corporation, and that he intends to smperintend in
person the n~nagement of the~buslness permitted, or intends
~o have some~other person, to be approved.by tbs Commission
ef the Tow~~ cf Boynton, to manage the business f~r him or it;
and e~eept in the case of a manufacturer, or wholesale, that
ne manufacturer or wholesaler ef beverages has a~y financial
intones?, direct or indirect, in the business for~ which the
Permit is to be requested or i~ the premises for w~ich said
permit is to be issued. Upon receipt of such application
and the license fee herein provided and compliance by the
applicant with all the provisions of the laws of the United
Sta~es and of the State of Florida and of th~s Ordinance
relating to the sal~ of such beverages, the Tax Collector
shall submit the same to the Town Commission and if the
Tax Collector and Town Commission shall satisfy themsel~eso
(1) that the applicant is generally fit for the trust to be
in him reposed; (2) that the applicant, if an individual,
or if a partnership, each of the members of the partnership,
or if a corporation, each of its principal off$cers and
directors, is of good moral character, a citizen of the
United States and not less than twenty-one yea~s of age and has
not been convicted of any offense involving moral turpitude;
(3) that the applicant will not accept, directly or indirectly,
any gift or loan of m~ney or property of any description or
rebates from any licensed manufacturer or distributor; (4)
that the proposed location for the business is an appropriate ~'
-one, taking into consideration its surroundings and the
number of similar permits already issued in the section where
t~e applicant's business is to be conducted, and also that
the proposed location is not prohibited under this Ordinance;
(~) that the applicant has been duly licensed by the State of
Florida and has otherwise complied with the laws of the United
States and the State of Florida; (6) tbat~the applicant
has paid his, her, er its occupational tax for the current
year as provided by the Ordinances of the City, ~hey shall
approve the same and the ~ax Collector sb~ll thereupon issue
a license to such applicant to cmnduct such business. Such
license shall be issued by the Tax Collector in duplicate,
the original shall be for the licensee and other copy retained
by the Tax Collector. No license shall be issued to a man-
ufact~rer or distributor as a vendor, nor shall any license be
issuBd to a vendor as a m~nufacturer or distributor.
SECTION 2. The Town through its police officers
and Town Commission shali have access to ahd shall have the
right to inspect the premises of the licensee and to inquire
into the manner and conduct of the buSiness~of the licensee,
to examine the books and records of the licensee and it shall
be their duty to require of each licensee strict compliance
The definition of hotels, restaurants, and the
like shall be ~eset out in the rules and regulations
governing the Hotel Commission, er as they shall be amended
by the Legislature.
Boa~s shall be classified as restaurants.
Stores, shops or similar places of business $7.50
Clmbs, or associations of persons cf a similar
nature, whether incorporated ~ not incorporated, for profit
er not for profit, shall, if they have hotel rooms or their
equivalent, or have dining facilities or both, pay the highest
rate applicable either to ahetel er restauraht, but shall
enty~pay one license fee. P~ovided~ that clubs shall pay a
minimum TeE license fee of $12.50 if they have no hotel room
or dining facilities.
SECTION 6. (a) Each manufacturer authorized to do
business under this Ordinance shall pay a Town license fee
of Three Hundred Seventy-five ($~8.00) Dollars per annum
for each manufacturing plant or establishment he may operate
in the City, provided, however,~that manufacturers ?ngaged.
exclusively in the production and processing of.frumt juices
described in this Ordinance shall pay an a~nual city license
fee ef One Hundred Twenty-five ($12~.00) Dollars.
(b) Each distributor or wholesale dealer authorized
to do bmsine ss under this Ordinance shall pay a Town license
fee of Twenty-five ($28.~0) Dollars.
The license fees provided for in this Ordinance
shall be collected by ~he Town Tax Collector. No license
shall be issued to a manufacturer er distributor until such
manufactmrer or distributor shall have complied with the laws
of the State of Florida.
SECTION 6. Licenses shall be issued only to citizens
of the United States of good moral character, who may have
not been convicted of any offense involving moral turpitude,
and who are not less than twenty*one years of age and shall
be issued for a calendar year only except as otherwise
provided herein. Licenses to corporations shall be issued
ohly to corporations whose directors and officers are citizens
of the United States and who h~ve no~ been convicted of any
offense involving moral turpitude. There shall be no exemp-
tions from the license taxes herein provided to ~ny person,
association or persons or corporations, any other ordinance
to the contrary notwithstanding.
SECTION ~. It shall not be necessary for the
employees, agents or servants of the licensee te obtain a
license te engage in the business herein referred to as such
agents, servants, or employees of a licensee, excep~ as herein
provided.
SECTION 8. No beverages as herein provided for
shall be sold or permitted to be sold, delivered, or per-
mitted to be delivtred to a~y person under the age of
twenty-one years.
SECTION 9. Eo licensed manufacturer, or distributor
of any of the beverages hereinreferred to shall have any
financial interest, directly or indirectly, in ~he establish-
ment or business of any Vender licensed under the~terms of
this Ordina~ce,~nor shall such licensed manufacturer or dis-
tributor any vendor by any gift, or lean of money or
propert~ the giving of any rebates
of any kind whatsoever, No licensed Vender shall aecept~
· directly er iz~iirectly, a~y gift or loan of money or .~proper~y
of anydescription or any rebates from any such licensed
manufacturer or distributor. Provided, however, that this
shall not apply to any bottles, barrels, or other containers
necessary for the legitimate transportation of such beverages,
or advertising materials, and shall not apply to the extension
~of credit in the usual course of trade or to the giv~ of
trade disco~ts in the ordinary co~rse ef business.
SECTION 10. No license issued under the provisions
of this Ordinance shall be ~ransferrable. All licenses
herein provided for shall be paid on or before the first day
cf 0etcher, Providing, however, that any person who shall
be required to pay a license tax hereunder beginning business
and applying for ~ license after ~he first day of May of any
year shall pay only one-half of the amnual license ta~
provided herein. Provided, however, where said business was
subject to license prior to Apr. 1st, no such fractional
rate shall be allowed.
8ECTION ll. That one license only for each 300
population or fractional part thereof, of the ToWn of
Boynton, shall be issued for the sale of wine and beer;
that is to say, that for each 3GO persons, or fractional
part thereof, residing within ~m corporate limits of the
Town of Boynton, according te ~he last preceeding census,
there may be one vendor's beer and. wine license issued.
That one license only for each 800 population, or
fractional pa~t thereof, of the Town of Boynton, shall be
issued for the sale of alcoholic beverages, other than wine
and~ beer; that is to say, that for each. 800 persons, or a
fractional part thereof, residing within~he corporate limits
of the Town of Boynton, according to the last preceeding
census there may be. one vendor's, license issued peEnitting
the sale of alcoholic beverages other than wine and be~.
Provided, however, that a vendor's license permitting the
operating of a package store and a vendor"s license per-
mitting the operation of a bar where alcoholic beverages
in addition to wine and beer are sold, shall be construed
and c~nsidered as one license in determining the number of
licenses permitted; provided the same is issued to the same
~erson, firm, partnership or corporation; And provided further,
that a business already established at the time of the passage
of this Ordinance shall not be counted in determining the
number of licenses permitted within the Town of~Boynton; and
if such buSiness is seld and passes into ~e hands of a
new owner, or other owners, the Iicense heretofore issued, or
hereafterissued, to such place shall not be counted in
det~e~mi~ing the number of licenses to be permitted within~~
~the Town of Boynton. Provided~ further, howeyer, .that no
license provided for in this 0rdinanee ~hall.~e tramsferrable.
SECTION 12+. Any licensee or the officer, agent,
employee of any licensee or amy other person
wi · violating amev of the previsions of
. unon conviction thereof, be punished
by more't~n ~ive Hundred (~§00.$O) D~llars or
imprisonment not exceeding six months, er by both such fine
a~d impris~onment, in the dtscretiom of the Judge of the
~yo~s C~urt and the Judg~ oD the Mayor'? Courts.may ~mm~d-
ately deelare his permit revoked and notmfy the ~ommmssmon
accordingly, and ne permit Shall thereafter beg ranted to
him With~m ~he period of three years thereafter.
SEGTION 13. It shall ~e unlawful for any person,
association of persons, or corporations to sell, posse.ss,
or ~ransport for the purpose of resale any of the beverages
herei~ referred to knowing that the t~x upon the same re-
quired-by law has not been paid.
SECTION 14. Ne permit shall be issued for the sale
of the beverages herein tel?fred to on any property owned
by the T~wn of Boynton or wmthin one thousand (10~0) feet
of any school grounds or ~ithin two hundred (200) feet of
a church house. It shall be ~nlawfut for any person er
persons, firm or partnership to sell any of the beverages
hereinreferred to en any property owned by the Town of
Boynton or within one thousand (1000) feet of any school
grounds or within two hundred (200) feet of a church house.
SECTION 18. That all ordinances or p~rts cf
ordinances in conflict herewith, be and the s~me are hereby
repealed.
SECTION 16. WHEREAS a grave emergency exists for
the immediate taking effect of this Ordinance ~he same shall
be in full for6e and effect immediately upon its passage and
adoption as provided by law.
(Si~ned) M.A. Weaver
' Mayor
(Sisned)
N. M,. Weems
Vice-Mayor
(Signed) A..M. Pete~scn
Introduce~, passed and~a~pted . TeEn OSer$
at a regmlar meeting or ~he Boar~ of Town ~omm~ss~oners
of October
of the