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-