Loading...
O#183ORDIN.~NCE NO, 183 A~N ORDiNA~CE OF THE CITY OF EOYNTON BE&CH, PALE BEAC~ COUNt, FLORIDA, REqUiTING A~ CONTROLLING T~ M~NUFACTU~ TRANSPORTATION T~iN AR~S; PROVIDING FOR CLOSING HOURS 0N ELECTION DAYS ~ND AT OTHER ~ES; PR~2CRIB- ING ~HE FORNf OP APPLICATION FOR LiC~SE; PRESCRIBING LICENSE 'F~$ ~D ~E COL~CTION ~D DISTRIBUTION ~E~0F; PRESCRIBI~;G PENAL- TIES FOR ~HE VI0~TION 0F ~E PROVISIONS 0F ~IS ORDINANCE; REPE~!NG ~ ORDIN~NCES 0R PARTS~ORDiN~GES IN C0~LICT PROVIDING A SAVING C~USE ~ND DECLA~NG AN ~ERGENCY. BE IT ORDAINED BY ~ CI-~i~- CO~!~ISEION OF TF~E CiTY OF R01~NTON BEACH, PA~ BEACH COUNTY, FLORIDA: SECTION 1. That any person, association .of persons~ or co~pora~ion b~fore engaging ~ the ~usiness of manufacturing, selling, bartering or exchanging or in anywise dealing in or causing or being concerned in the manufacture,.~sale, barter, or exchange of intoxicating liquors, beers and wines, or both, as are no~ p~ohibited by the laws of this State, shall before e~gaging in ~y ~ch businoss within the corporate limits of the Cit~ of ~oyntca Beach~ Florida, file under oath with t~ Tax Collector of tho City of Boynton Be~ch, Florida, a written or printed aoolication for a license to conduct ~ch a business, said ~pplica~on to be made upon forms to be provided to Tax Collector by the City Commission. Such application shall state th~ c~aracter of the business to be engaged in, ~ether as manufacturer, distributor or vendor and whether it is proposed to selllsaid beverages at wholesale or retail, ~'~d if a manufacturer or distributor shall designate the place of manufacture~ and if a vendor shall designave the place of sale. T~he applicant shall definitely request a license either as a manufacturer, a distributor or a vendor° The appli- cation shall f~rther state that the applicant, if an individual, or if a partnership, each of the members of the partnership, or if a corporation, each of th~ principal officers is a citizen of the United States, not less than twenty~one years of age and has not been convicted of ~y felony, and~shall give information as to whether he has been~convictod of any violation of the laws of the United States or o~ the State of Florida involving moral turpitude; that the applicant intends to carry on the business authorized by tho permit for himself and not as the agent of any individual, partnership~ association or corporation and that he intends ~o superintend in person the management of the business permitted, or intends ~o have som~ other person to b~ approved by the City Co~muission to manage the business'for h&m~ and except in t~ case of a manufacturer or v~nolosaler, that no ~nufacturer or wholesaler of beverages has any fina!ciai interest~ direct or indirect, in the business for which the permit is to be requested or in the pr~mises for which said permit vis to be issued. Upon receipt of such application arid the license fee herein provided, the Tax Collector shall submit the same to the City Conmmission and if the Tax Collector shall submit. th~ same to the City Commission and if the Tax Collector and City Connuission shall satisfy themselves (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 officers and directors, is of good moral charac- ter, a citizen of the United States and not less t~han twenty- one years 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 money or property of any description or rebates from any licenses man- ufacturer or distributor; )4) that the proposed location for th~ business is an appropriate one, taking into consideration its surround~%gs and the number of similar permits already issued in the section where the applicant's bus~ess is mo be conducted, and also that the proposed location is nov prohibited under this O~dinanoe; they shall approve the same and the Tax Collector shall thereupon issue a license to such applicant ye conduct such business. No license shall be issued ~o a rmnu- facturer or distributor as a vendor, not shall any license b~ issued to a vendor as a manufacturer or distributor. SECTION ~. ~ ~ity through its police officers m~d City Comuission shall bm.~-e access to and shall have the ri~t to inquiDe into the mm~ner and conduct of the business and inspect t~ premises of t~ licensee, a~-~d it shall be their duty to require of each licensee strict compliance with ti~ Ordinance rela~i~g to the transaction of such business. The City Co~muission is hereby given full power and auth- ority upon sufficient cause appearing of the violation by any licensee of tD_e laws of the United States, of this State, or tho Ordinances of ti~e City to revoke the licens~ of such licensee. Licenses may also be revoked for ma~taining nuisa~ce or unsanitary premises, or for engaging in or permit- ting disorderly co,%duct on th~ premisea, or where the appli- cant shall have made z false statement in s~y such application for a per, nit. SECTION ~o Licenses shal! be issued only to citizens of the United States of good moral character, who have not been convicted of any Off~nse involving mo~al turpitude, and who are not less than ~wenty-one years of age and shall be issued for. the fiscal year beginning October 1st and ending Seotem~r ~Oth of each year~ except as otherwise provided herein.- Lie- arises ~o corporations shall be issued only to corporations whos~ directors and officers are citizens of the ~nited States and who have n~t been convioted of ~y offense involving moral turpitude. There shall be no exemption~ from the license taxes herein provided to ~ny p~rson, association or persons or corporations, any ~ther~ordinance to the contrary notwith- standing. SECTICN ~o It shall not be necessary for the employes~, agents, or servants of the licensee to obtain a Ifcense to engage in the business heroin referred to as such agents, servants, or employees of a licensee, except as herein pro- vidod. SECTION ~. ~o beveraEes as b~rein provided for shall be sold or permitted to be sold~ delivere~, or permitted to be sold or deiiversd to any person under the a g~ of eighteen years. SECTION 6. No licensed manufacturer, or distributor of any of the beverages her~in referr~d~ to shall have any financial interest, directly or indirectly, in the estabiisB_ment or bus- ,iness of any vendor licensed un, er tl~ terms of this Ordinance, nor sh~ll such licensed n~nufacturer or,distributor assist any vendor by m~y ~ift, or loan of money or proparty of description or by the giving of any rebates of any kind- ~natsoev~r. licensed vendor shall accept, directly or indirectly any gift or loan of mo~%ey or property of m~y des- cription or any rebates from any such licensed ~ufactu~er or distributor~ ~rovided, however, that this shall not apply to any bottles, ba~rels~ or other containers necessary for the legitimate transportation of such beverages, or advertising materials, ~%d shall nov appl~ to the extention of credit in the usual course of trade or togthe giving of trade discounts in tt~ ordinary c~arse of busin~SSo SECTION 7. All applications for tb~ renewal of intoxi~ caring iiouor licenses, or licenses for wines or beers, or both~ shall be read one time only at a read,ar commuission meeting and ~hall be approved or disapproved within the dis- cretion ~ tho Co~uission. SECTION 8~ There is here}y levied a license tax on each manufacturer, dist~ibutor~ veneor~ caterer, club or club house within the corporate limits of the City of hoynvon ~each oqual to fifty per cent of the State a~ County License Tax provided for b~ the laws of the State of Florida on each manufacturer, distributor, vendor or caterer who manufacturers~ distributes, transoorts or sells intoxicating liquors, wines, or beers~ or operates a place of busines~ ~nere intoxicating !i%uors~ wines o~ beers are sold or permitted to be sold. SECTION 9. No pe~ait shall be issued for the sal~]of oe~e~ges n~e~..~ r~Ie_rod ~? on any property ov~od by the .uity of Boynbon [eac~ or wzthmn One ?nousand (1000) feet of any school Erounds or Within two hundred (200) feet of a church house. It shall 'be unlawful for any person or persons, firm or corporation or partnership to sell any of the beverages herein referred to on any property owned by the City of Boynton ~each or within One 5~ousand (1000) feet of any school grounds or within two hundred Q~O0) feet of a church house. SECTION i0. It shall be unlawful for any psrson~ as~ sociation of persons~ or corporations to sell, possess, or trans oort for the purpose of resale any of the bevera~es herein referred -~o ~'~owing that the tax upon the same required by law has not been paid. SECTION 11. Ail license fees collected under the pro- vis~ons o~ this Ordinance are hereby appropriated for use of th~ Police Department. SECTION 12. It shall be ~m~lawful. for any business place coming under the provisions of this 0rdinan~e, to open or keep open during the hours of voting~ of any advertised Election Day - ~nether the same be National~ State~ County, ~Iuniclpal or District election. SECTION !3.. It shall be ~lawful for any business place under the provisions of this Ordinance to open or keep open between the hours of 3:00 A. ~. and 1~00 P. ~. on Sundays and between the h~rs of 1~:01 A. ~o and V:0OAo M. on week days. Provided, howover, that it shall be lawful to serve said beverages ~ith regular meals at tables in a separa~ dining room com~;ected with such business a~ ~iy time. SECTI0~ 14. Any licensee or the officer,~ agent, servant or employee of m~y licensee or any other person wilfulty and knowingly violating az~.of 2he provisions of this 0rdinanc~- s__a!l, upon. co~,vmction thereof, be punmsned by = fm~.e o= no~ more than Five Hundred (~500.00) Dollars or by imprisonment not exceeding six months, or by both such fine and impriso~musnt. SECTION 15. Ail ordinances or parts of ordinances in conflict with tho provisions of thi~ Ordinance are hereby expressly repealed. ~EC~0~ 16. ~houl~ any section, oa~agraph, sentence~ clause or phrase of this Ordinano~ b? ~ ' declared unconstmtu$ tional or invalid for any reason, th~ remainder of said 0r- dinance shall not be affocted thereby. SECTION i7._ This Ordinance is hereby declared to be an emergency measure on th~ ground of urgent need for t~e pre~ servation of public health, peace and safety. Fred ~. Dehson Jeff R. Snell ~Si~ed) A.V. ?stetson As and constitutin~ the ~ City Co~issionsrs of thg City of Boynton Deach, Florida~ PASSED and ADOPTW~D at a Regular ~eeting of the Board of City Commissioners held September 1~ i~. Peterson City Clerk-