O#204AN ORDINANCE OF THE CITY OF BOYNTON BEACH~
A MUNICIPAL CORPOR~TION OF THE STATE OF FLORIDA,
REGULATING THE DISTRIBUTION AND SALE OF ALCOHOLIC
BEVERAGES CONTAINING MORE THAN ONE (1%) PER CENT
OF ALCOHOL BY WEIGHT: LEVYING A LICENSE TAX THEREON
AND PROVIDING PENALTIES FOR TEE VIOLATION OF THIS
ORDINANCE: REPEALING CONFLICTING 0RDIN~d~CES:
DECLARING EMERGENCIES FOR THE PASSAGE OF THIS
0RDiNANCE~ AND PROVIDING '~%IEN THIS ORDINANCE SHALL
TAKE EFFECT.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH FLORIDA:
Section !. DEFINITIONS:
(a) The term "beer" shall include all brewed beverages containing
malt.
(b)
The term "wine" shall include vinous beverages created either
by natural fermentation o~ by natural fermentation with brandy~--~
added in the manner required by the laws and re~lations of
the United States~ ~nd shall also include sparkling wines~
champagnes, combinations of vinous beverages and vermouths.
The te~m "fortified wine" when used herein shall include
ell wines containing more than (15%) per cent of alcohol
w~ight .
by
(d) The term "liquor" when used herein shall include the words
"distilled spirits" and shall includ~ all spiritous beverages
created by viscillation, and by mixture of distilled~everages
by what is commonly termed "blending".
(e) The ~erm "alcoho! beverages~ shall include all beverages
containing more than (1%) per cent of alcohol by weight.
(f)
The term "Intoxicating beverages" and the term "intoxicatimg
licuo~" shall include only those liquors~ wines and beers
containing more th~n (3.2%) per cent~ of alcohol by w~ight;
(g)
The term "distributor~ shall mean all persons~ firms or
corporations who are licensed to se~l an~ distribute the
beverages herein referred to at wholesale.
(h)
The. tez~ "vendor" shall include all persons~ firms or
ce~Dorations who sell the beverages herein referred to at retail.
Section 2. LIuENSES. QUkLIFICATIONS REQUIRED:
License hereunder shall be issued only to persons of good moral
character~ who have not been convicted of any offense involving moral
turpitude and whoare notless th~n'21 yea~s of age. Licenses to corp~
orations shall~e issuedlonly to corporations whose directors and
officers are persons of good mo~al chara'cter: and who have not been
convicted of any offenseiinvolv~n$ moral turpitude.
-2-
Section 3. LICENSE ~PPL~CATt0NS:
Any persons, firm or corppration engaging in the business of
selling, distributing or otherwise dealing in liquors, wines, beer
or other beverages containing mo~e than~ ('~%) per cent of alcohol by
weight shall, b~ore engaging in such business file under oath with
the City Clerk o~said City a written or printed application for license
to conduct s~eh~'business, said application to be made on form provided by
said City. Said applications shall~ among other things, state the char-
acter of the business to be engaged in~ the location where said business
is to be conducted~ the kind of license the applicant desires, the
name of the a~licant, together with the name, names and addresses
of any person, or persons, interested directly or indirectly with the
applicant in the business for which the license is being applied~ and
the former occupation or business of the applicant.. The applicant shall
give the name of three business or professional men or women as
reference, who may be called upon by the City of Boynton Beach
concerning the character~ business integrity and past history of the
applicant. ~pplicsnt shall furnish such other information as may be
reasonable if required by said City so to do.
Section $. LICENSE INVESTIG~TION ~ ISSUANCE:
Th~ City Clerk shall present any application for a beverage
licen~ to the City Commission by the next regular meeting after ~he
same shsl~ havebeen filed with the City Clerk. At such regular
meeting the City Comm'ission shall examine s~ch applicant~ and if
said commission shall find the applicant to be entitled to ~ license
i~ shall approve said application. If said City Commission shall,
in its discretion, find that such applicant shall not be entitled to
a license, said Commission shall disapprove that application and
note their action thereon and return that application to the City Clerk.
Said City Commission may postpone action on ~ny application for a~
reasonable length of time pending investigation.
Section 5. LICENSE EXEN~TION:
There shall be no exemption from the license taxes herein provided.
Section 6. INSPECTION ~YD SEARCH:
Licensees, by their acceptance of any license hereunder, agree
that their respective place of business shall be snb~ect to inspection
and search without search warrant by the~Police Officers of the City of
Boynton Beach.
Section 7. CO~LI~NCE WITH STATE LAW:
No person, firm or corporation.shall be license~ under this
ordinance if such person, firm or corporation has not been properly
licensed to daa! in alcoholic beverages according to the State law of
Florida. ~y person, firm or corporation licensed under this ordinance
who shall deal in alcoholic beverages without being duly licensed by
the State of Florida, or who shall have had his State license revoked,
shall automatically have his license issued under this ordinance~ revoked~
Section 8~ TERMS O? LICENSE:
No license shall be issued hereunder excep~ annua~ licenses, which
shall be paid for on or before the first of October, and~ shall e~oire
the first of the succeed~g October~ provided that shy persons
beginning business after the first of October may obtain a license
upon the payment of the annual license tax and which license shall
expire on the first of the succeeding OctoberS provided, further~ that
any person beginning such business on or after the first of April
of any year may procure a license expiring the first of October of the
same year on the payment of one-half of the license tax herein required
for the annual license.
Section 9, RENEWING LICENSE:
~uy person or corporation duly licensed under this ordin~uce
may renew his license from year to year upon application to the City
Clerk~ and approval by-said City Commission! and by paying.the license
tax required. Application for renewal of lmcenses shall beread
at a regular commission meeting, one t~me, and shall be either approved,
disapproved or held over for investigation.
Section lC. REVOCATION AND SUSPENSION 0E LICENSE:
T
he City Commission of said City may revoke or suspend any
license gra~ted hereunder within their &iscretion upon cause appearing
of the violation by any licensee of any bf the laws of the State of
Florida or of the United States, e~ of any of the Ordinances of the
City of Boynton Bausch, or of his maintaining a nuisance or unsanitary
premises~ or engaging in or permitting ~isorderly conduct on the
premises where such beveraEe business i~ conducted, or permitting loud
and boisterous noises to be made er loud~ and distu~lng music to be
played on said premises.
Section 1!. POSTING AND TRANSFERRING OF LICENSE:
~ll licenses granted hereunder shall be posted in a conspicuous
place on the premises where the licensed business is being conducted.
No license issued hereunder shall be transferable. ~ny licensee
hereunder who sh~ll sell his place of business ~r~d move to a new place
of business shall s~render his license to the City Clerk of said City
and may make a new application for a similar license at the new
location. The new location shall be~aDproved or disapproved by the
City Commission of said City and if approved a new license of the same
~pe shall be issued to the former licensee which new license shall
expire at the s~me time the s~rrendered, lioense would have expired~
and no additional tax shall h~ charged or collected therefor.
Section 12. LICENSE FEES: VENDORS: FICTORS:
designated as follows, to-wit:
CLASSIFIC~TION NO. l. Vendors of beverages containing alcohol
of more than (l~) per cent by w~ight and not more than
(~.2%) per cent by weigh~ o.~..~... ........... ......... $1~.00
CLASSIFICATZON ~N0. l~A. ~Ven~ors of beverages containing alcohol
of more than (i%) Per ce~ ~B~ WeigHt and not more than~ (~.2%)
per cent by weight for consumption off the premises only ..$7.50
CLASSIFICATION NO. 2. Vendors of beverages containing alcohol
of more than (1%) per cent by weight and not more than
(l~) per cent by weight and wines regardless of~alcohol
contents .....o.. ......................................... $50.00
CLASSIFICATION NO. 2-A Venddrs of beverages containing
alcohol of more than (1%) per cent by weight .and not more
than (15%) per cent by weight and wines regardless of
alcoholic contents for consumption off the premises only..$2%.O0
CLASSIFICATION NO. 3. Venders of alcoholic beverages
consumption off the premises where sold ................. $562.50
CLASSIFICATION NO. ~. Vendors of slcoholic beverages
containing alcohol of more than (15%) per cent by w~tght
where consumption on the premises where it is sold
ms oermitted .... ................................ · ....... $?50.00
CLASSIFICATION NO. 5. The incorporated clubs which have
been chartered or incorporated by orders of Circu~Judges
of the.S~ate of Florida which clubs sell alcoholic
beverages containing alcohol of more than (15%) per cent
by weight for serving or distributing to the club
members or non-resident ~ests ........................... $125.00
A license issued under any classification above stated shall
include the rights'and privileges of any lesser license.
Section 13. LICENSE FEES: DISTRIBUTORS:
There is hereby levied ~ud assessed and shall be paid at, ual
license taxes beginning October 1st, of each year, the license tax
~non the distribution of alcoholic beverages within the City of
Boynton Beach~ Florida, in the amount set opposite the particular
type of business:
Each distributor who shall sell alcoholic beverages
containing alcohol of more than (1%) per cent by weight
and not more thau (15%) per cent byweight shall pay
a license tax of ................................ ...$200.00
(b)
All other distributors of alcoholic beverages authorized
to do business under the beverage law of the State of
Florida, and ~ho distributes alcoholic beverages
containing more than (1~%) per cent of alcohol by weight
shall pay a license tax of ...................... ,$1~2~0.00
Section l~. PERSONS TO WHOM ALCOHOLIC BEVERAGES MAY NOT BE SOLD:
Alcoholic beverages defined hereunder may not be sold;
~(a) To any person under the age of 21 years
(b) To any person who is intoxicated.
(c) To any person who is mentally incompetent and k~own to be
such by any licensees or his agents.
(d) To any ~erson who is a~ habitual drunkard ~nd know~
to be so by any licensee or his agent.
Section -9. HOURS DURING ~tCH ALCOHOLIC BEVERAGES M_~Y BE SOLD:
No person or corporation licensed under the provisions of this
ordinance shall sell, deliver or consume or permit the sale~ delivery
serviceor consumption on tJae premises where~such licensed business is
conducted of:
(a)
Alcoholic beverages of more than (1%) ~er cent of
alcohol by weight on Sundays~ between the hours of
3:00 A.M. and 12 o~clock N6on; it being ~e inten-
tion that the sale~ se=vice and consumption of alcoholic
beverages shall be permitted between 12:OONoon Sun~ay
and 3:00 A.M~ the succeeding-Monday.
(b)
Alcoholic'beverages of more than (1%) oer cent of
alcohol by weight between the hours of 3:00 A.M. and
$:OO A.M. on all days exceRt Sunday; it being the
intention that the sale, service an~consumption Of
alcoholic beverages shall be permitted between the
hours of 8:00 A~M. and 3:O0 A.M. ~' the following day
on all days except as modified hereinahdve with refer-
ence~to Sunday.
(c)
Section 16:
Alcoholic beverages of more than (1%) per cent of alcohol
by weight onany day of a general or primary election during
the hours when the polls are open.
A~coholic beverages of more then (l{) per cent of alcohol
by weight in sealed containers and for consumotion off the
premises betwe~en the hours'of midnight and S:~O ~.M;
and on Sundays, between the hours Of midnight on Saturday
a~d 12:00 o~elock Noon on Sund~. '-
ZONING REGUIATiONS ~ND LIMITATIONS:
No license hereunder shall be issued to any person~ firm
or corperation where the place of business designated in the
application is upon or adjacent to any street or avenue in the
City of Boynton Beac~ Florida~ which is designated or
res~_iczed as a residential zone; and for the purpose of
thins ordin~uce~ ali s~reets and'avenues within the corporate
limits of the City of' Boynto~Beach: Florid~ save and except
Ocean ~venue east of the Federal Highway~ Lake Avenue, east
of ~t~e Federal Hi~uway~ Wells Avenue ~ud Federal Highway,
wlthln. ~1
such O~ty_ of BoYnton_ Beach,_ are designated~ restricted. . .
and declared to be~ within the residential zone ox such Cmty;
and' na~license shall issue under the provisions of this
o~din~ne~ for the operation or conduct of a business therein.
(a-l) No license hereunderl sh~i b9 issued to any person~ firm or
cor~0r~t%on wheretheI plac~ of business designated in the
app,%CarSon Of such~ is ~i~cent tg, or the e~ranee thereo~,
or ~verti~i~g sight,sedan c~n~c%~on therewith; are within
~n~y f~et o.f ~he:~e!ares~.b~ldFng. l~ne of ~1~ s~r~ets_~ud
ave~es wi~hEn the::ic~rpor~e'lli~its of the City 9r Doyn~on,
Beach, Florida, save and except Ocean Avenue lying east of
the Federal Highway, Lske Avenue lying east of the Federal
Highway, Wells Avenue and Federal Highway~ within such City
of Boynton Beach~ or where said place of business is within
two thousand five hundred feet of a church~ public or private
school, park~ library$ or within five hundred feet of a
place-of business of a person~ firm or corporation license~
hereunder. In the case of Classification I and Classification 2,
no license shall be issued hereunder where the place of business
of either of aaid classifications is within two thousand five
hundred feet of a church, public or private school, park,
library~ or ~thin five hundred feet of a place of business of
~nothe~ person~ firm or corporation licensed hereunder! provided,
however, in cases of extreme hardship the City Co~nission may
ermit a lesser distance. The distance herein referred to shall
~e m~sur~ b~ the short~st rou~e of ordi~ry pedestrian travel
along the public thoroughfare from the nearest point of such
place of business to the~nearest point of ~he church grounds~
scho± grounds~ parks, _mbrary grounds~ or other licensed place
of businsss. The provisions set forth in this section shall
not apply to the Following:
1. To licensed classifications 1-A and
To hotels with fifty or more guest rooms, and to hotels which
have a dining room in coo~uection therewith with the serving Of
meals to guests, provided, however, no hotel shall exhibit any out-
side denoting that alcoholic beverages are obtainable therein.
To any place of business of any licensee here-~uder, which license
was in effect prior to the establishment of the distance afore~
said$ provided further that should any such license be revoked
or not be renewed annually such place o~ business or Iocation
shall thereafter be restricted according to the distances afore-
szid~
Nothing herein shall be construed to oermit a license hereunder to
be issued for the conduct of an alcoholic beverage business in a
location now prohibited by the general zoning ordLnance of said
City.
Section l?o ~EN~TIES
Any person~.~r~ or corporatmon who shal!vzolate ar~v ox the
provisions of th~s ordinance shall upon co~i2tion thereof, be
~unished by a fine not to exceed $500.00~ O~by~mprisonment for a
period not exceeding ninety days in jail or hard labor uoon the
publicworks of the city, or both sudu fines and imprisonment within
the discretion of the municipal judgeS and further, the license issued
hereunder to the said person~ firm or corporation shall automatically
be revoked. Each day's violation of an~ provision of this ordinance
shall constitute a separate and distinct offense.
Section 18. REPEALING CL~¢USE:
All ordinauces and parts of ordinances of said City in conflict
herewith are hereby repealed.
Section 19o DECL~RATION OF E~M~L~GENCIES: EFFECTIVE DATES:
This ordinance is hereby declared to be an emergency measure
on the ground of urgent public.needs for the preservation of peace,
health, safety and property of the City of Boynton Beach, Florida~
and this ordinance shall take effect upon its passage and adoption.
PASSED AND ADOPTED, this 6th day of November~ A.D. ~9~?o
ATTEST:
(signed) Clarence Benson
City Clerk
~oL. Purinton
Mayor
(si~ned) B. V. Tattersall
Vice Mayor
(si~ned) Clarenc~ Benson
~ity Clerk