O#131O~D~NANCE MO,
~N ORDINANCE REGULATING AND CONTROLLING THE
MA~JFACTD~RE, TRANSPORT~TION AND SALE OF MALT
AND VINOUS BEVERAGES C0~MONLY ~fOWN AS B~R,
PORTER,ALE, WINE OR FRUIT ~GICES.~ AND SUCH
SIMILAR BEVERAGES AS ARE NOT PROHIBITED BY
THE LAWS OF THIS STATE: PROHIBITING THE S~LE
TH~REOF IN CERTAIN AREAS: PRESCRiBiNG THE FORM
OF ~PPLICATION FOR LICENSE: PRESCRIBING LICENSE
FEES ~ND THE COLLECTION AND DiSTRiBUTION THE~RE~
OF: AND PRESCRIBING PENALTIES FOR THE VIOLA-
TION OF THE PROVISIONS OF T HIS 0RDiN~NCE: AND
REPE~ING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HER~f~ITH,
BE iT ORDAINED BY THE TO~N COMMISSION OF THE TOWN OF
BOE~TON~ .P~M BEACH C0~Tk'~ FLORIDA:
SECTION 1~, That any person, association of persons, or
corporation before engaging in the business of manufacturing,
selling, barterinE or exchanging or in anywise ~ealing in or
causing or being concerned in the manufacture, sale, barter, or
exchange of say malt or vinous beverages conunonly Imown as
porter, ale, wine o~ fruit Juices, containing more than one~h&!F
of one per centum of alcohol, as~ are not prohibited by the laws
off this State, shall before engaging in any such business, file
unde~::~akh with the Tax Collector of the Town in which the
place
of ~!~!~ess. of each such person, association of person~, or
p~rat~on. ~hal~ b~ located, a w~itten or ~printed application for
a l~cense~ to conduct such a business, said appzi~ation~ ~ to be made
upon forms tO be .provided'to the Ts~ Cells ctor by the To~
$1On~ '
Such application shall state th~ c~racter' of the busines~
to be engaged in~ whether as manufacturer: distributer, or vendor
and whether it is proposed to sell said beveraEes at wholesal~ or
retail~ a~ud if a ,ms~uufaeturer or d~istributor shall designate the
place of manufacture, and if a vendor shall designate the place of
sal®. The applicant shall either produce his, her, or its State
license or p~oduce ~tisfactory evidence that he, she, or it is
duly licensed under the laws of the Stats of Florida~ and sh~il
definitely request a licens® either as a manufacturer, a dis~
tributor, or a 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 co~poration, each of the p~in~
cipal officer~ is a citizen of the United States, not less t~
twenty~one years of mge and has not been convicted of a f~lony~
and shall give information as to wh~ther he has b~en convicted
of any violation of th~ laws of the United St~te~, the State of
Florida~ o~ of the 0rdin~nce~ of th~ Town of Boynton; that the
epplic~t intendm to car~ on th~ busines~ authorized by the pe~
mit fo~ himself ~nd not as the ~gent of any individual, partner~
ship, a~sociation o~ oo~poration and that he intends to sup~rin=
tend in p~rson~the management of th~ business p~rmitted, or
t~nd~ ~o h~ve some other person to be approved by the To~ Com-
mission to manage bh~ busin~SSmfOr him, and except in the cas~ of
~ manufacturer o~ wholesaler, that no manufacturer or wholesale~
of bever~ge~ ha~ ~uy fin~cial ~
~nte~est, direct o~ indirect in
th~ busine~ for which the perEit is to be ~eque~ted or in the
premises fo~ which said permit i~ to be issu~d~ Upon ~ceipt of
such application and the licen~ fee herein p~ovided ~nd com~
liance ~ the applicant with all the provision~ of the laws of
the United States and of the State Of Flo~ld~d of this
n~ce relating to th~ s~le of such ~bsve~a~ the Tax Collector
shall sub~it the s~me to the To~ Co~ission and if the T~ Col~
lector ~d To~ Co~i~sion s~ll ~atis~ thenselves-(!) that the
applics~t is generality fit for the trust to be in him reposed~
(2) that the applicant if au individual~ or if a partnership,
~ ~ if
each of the members of the partnership, or a corporation,
each of its principal officers and directors, is of good moral
character~ a citizen of the United States mud not less than
twenty~one years of age and has not been convicted of any of-
fense involving moral turpitude$ (3) that the applicant will
not accept, directly or indirectly s~uy gift or loan of money or
property of muy description or rebates from any licensed m~nu~
facturer or ~=str~butor$ (4) that the proposed location for th~
business is an appropriate one, taking into consideration its
surroundings and the number of similar permits already issued
in the section where the app]icmut~s business is to be conduct-
ed, and also that the proposed'looation is not prohibited under
thi~ 0rdinsm. ce~ ($)' that the applicant he2 been duly licensed
by the State of Florida and has otherwise complied with the law~
of the United States and the State of Florida,(8) that the ap~
plicant has paid his,~her or its occupational tax for the cur-
rent year as provided by the-~Ordinances of the City, they shall
approve the sam~ and the Tax Collector shall thereupon issue a
license to such applicmut to conduct such business. Such li-
cense shall be issued by the Tax Collector in duplicate, th~
original shall be for the license and other copy reta[uedby the
Tax Collector. No license shall be issued to a manufacturer or
distributor as a vendor, nor shall any license be issued to a
vendor as a manufacturer or distributor.
SECTION 2. The Town through its police officers ~ud Tov~n
Co~ission shall have access to and shall i~ve the right.to in-
spect the premises of the licensee ~d to inquire into the ma~er
aud conduct of the business of the lioens~to examine the books
and record~ of the licensee and it shall be t~!r duty to require
of each licensee strict compliance with the Ordinance relating to
the transaction of such business~
The Town Commission is hereby given Full power ~nd authori~
ty upon sufficient cause appearing of the violation by any licensee
of the laws of the United States, of this State, or the O~dinances
of the City to revoke the license of such licensee. Licenses may
also be revoked for maintaining a nui~ance or unsanitary premises,
or for engaging in or permitting disorderly conduct on the
es~ o~ where the applicant ~hall have ~ade a False statement in
any such application for a per.it.
SECTION ~ ~icenses herein referred to shall be classi-
fied as follows:
(A) Nanufacturers, who shall be licensed to conduct a
business of~manufacturlng the beverages herein referred to and
distributing or sellir~ the same at wholesale to either dis~
tributors or vendors.
(B) Distributors, who sh~ll', when so licensed, be
mitted to distribute the beverages herein referred to at whole~
sale to vendors ~t who may not sell ~ny such beverages at re-
tail or to be consumed on their premises.
(C) Vendors shall include all persons, associations of
persons or corporations selling~the beverages herein referred to
at retail and such terms shall embrace hoteis~ restaur~uts, clubs,
stores, boats, dining cars and ail other places licensed to sell
said beverages at retail. No vendor shall ~urchas~ for the pur-
pose of resale any og the beverawes herein p~ovided for, from
~uy person, ~i~ or corporation not duly licensed under the laws
of the State o£ Florida. NO vendor shall import or engage in
the importation of any such beverage from places beyond the 1Lm~
its of the State of ~zorida for the purpose of resale,
SECTION 4, Each Vendor shall pay an annual City License
fee as follows:
R~STAURANTS AND EATING PLAC~
Accomcdating less than i8 persons
Acco~dating 18 to 49 persons 1VoSO
Accomodating 80 to 9~ persons ~.50
Accomodating lO0 persons or more 50.00
HOTELS
~ess than 30 rooms $!0o00
30 to 99 rooms 1V.50
i00 to 299 rooms 3V,50
300 rooms or more 50,00
l~re a hotel and restaur~t or dining room ar~ jointly
operated~ only one license fee shall be paid, and th t shall be
the highest fee app!icable ~o either the hotel or th restaurant,
The d
.ef~nition of hotels, restaurants,~and the :like
be those set out in the ~ules mud regulations governing the Hotel
Co~ission~ or as they shall be ~ended by the Legislature.
Boats shall be classified as restaur~ts.
Stores, shops or similar places of business
Clubs, or associations of persons of a simil~ natur~
whether incorp~ ated or not incorporated, for profit or not for
profit, shall, if they have hotel~rooms or their equivalent~ or
have dining facilities or both, pay the highest rat~ applicable
either to a hotel or restaur~t, but shall o~y pay one license
fee~ Provided, that Clubs shall pay a minimum Totem License fee
of $1~50 if they have no hotel room or dining facilities.
SECTION ~. (a) Each m~uufacturer authorized to do
business ~der this Ordinance shall pay a Town license fee of
Three H~.ndred Seventy-five ($3V5.00) Dollars per s~nnm for each
nufaot~ ~ plant oF e stab~lsm~nent he may operate in the Ci2y~
provided however, that manufact%z~s engaged exoi~sive!y in the
production and processing of fruit ~nices described in this
nance shall pay an ~.nual city license fee of One Hundred Twenty~
fiv~ (~!25~00~ Dollars.
(b) Eaoh distributor or wholesale dealer authorized to do
business ~.nder this 0rdin$oe s~lt pay a To~ iicens~ fee of
Twenty-five ($25 ~00)
The license fees pro~ided for in this 0~dinance shall
oo!lected by the To~_ Tax Collector, No !ioense shall be issued
to~-a m~ufacturer or distributor until such manufacturer or dls~
tributor shall have complied w~th the laws of the State of
da,
SECTION 8. Lioenses shall be issued only to oitizens of
the United States of good moral character~ who have not b~n con-
viot~d of any offense invoiving moral turpitz~de, and who are not
less than twenty-one years of age and shall be iss~.ed for a caien-
dar y~ar only except as otherwise provided herein. Licenses to
corporations shall be issued only to corporations whose 'director~
~ ~ ~ ~ ~h~ United States and who have not
~.d o~f=ce~-s are citizens o'~ ' ~
been convicted of ~y off~nse involving moral turpitude. Ther~
sb~!l b~ no ~xemptions from the !ioense taxes herein provided to
any person~ association or persons or corporatlons~ any
ordin~ce to tb~ coz~tra~ notwithstanding.
SECTION V. It shall not be necess~y for the
agents~ om servants of the licensee to obtain a license to engag~
in the business herein referred to as such agents~ servs~ts,
employees of a licensee, except as her~in provided.
SECTION 8. No beverages ~s hereir~ provided for shall
be sold or permitted to be sold, deiivered~ or permitted to
delivered to any person under the age of eighteen.years,
SECTION 9. No licenses manufacturer, or distributor of
~y of the beverages herein referred to shall hav~ ~y financial
inter,st, directly or indirectly, in the estab!is~ent or busi-
ness of ar~y v~dor licensed under the terms of t?~s Ordinance, nor
s~ such ~icensed 'manufacturer or distributor assist a~y v~ndor
by any gift, or loan of money or property of any d~scription or
by the gi~ing of any rebates of any kind whatsoever. No licensed
vendor shall accept, directly o~ indirectly~ an~- g~_.t~ or lo~ of
money or property of any description or any rebates from any such
licensed manufacturer or distributor. Provided~ however, that this
shall not apply to ar~y bottles, ba~re!s, or other
essary for the legitimate transportation, of such beverages,
advertising materials, and shall not apply to the extention of
credit in the usual course of trade or to the givin~ of trade dis-
counts in the ordinary cours~ of business.
SECTION i0, No license issued ~m. der the provisions of
this Ordinance shall be transferrable, &ll licenses herein pro-
vided for shall be paid on or before the first day of November
Providing, however, that any person who shall be required to pay
a license tax hereunder begi~.ning business and applying for
license after the first day of Nay of ~y year shall pay only
one half of the annual license tax provided herein, Provided,
however~ where said business was subject to lieense prior to May
let, no such fractional rate shall be allowed.
SECTION il, Any lioensee~, or' the officer, agent, servant
or employee of ~y licensee or any other persom, wil~lly and
knowingly violating any of the provisions of t~s 0rdin~uce, shall~
upon conviction thereof, be punished by a fine of not more than
Five Hundred ($500,00) Dollars or by imprisonment not exceeding
six months, or by both such fine and imprisor~ment, in the dis-
cretion of t~e Judge of the Mayors Court and the Judge of the
Mayors Court may immediately declare h_s peri. it revoked and noti
fy the~Co~is'sion accordingly, and no permit shall thereafter
be granted to him within the period of ti~ee years thereafter.
SECTION 12. It shall be unlawful for any person, associa-
tion of persons~ or corporations to sell, possess, or transport
for the purpose of resale any of the beverages herein re£erred
to knowing that the tax upon the same required by law has not
been paid.
SECTICN [3. No permit shall be issued for the sale of
the beverages herein ~eferred to on any' property owned by the
Town of Boynton or within one Thousand (1000~ feet of any school
grounds or within~two hundred ~00) feet of a church house. It
shall be unlawful fo~ any person or persons, f!~_ or partnership
~o sell any of the beverages herein referred to on any property
owned by the To~T~ of Boynton or within one Thoussm. d ~1000) feet
of any school gro~ds or within two hundred (200) feet of a
church house.
SECTION 14. That all ordinm~ces or pa~ts of Ordinances
in conflict herewith, be iand the same a~e hereby repealed,
SECTION !5, This Ordinance shall be in full force and
effect immediately upon its passage and adoption as provided
by law.
The above Ordinance No. 131, having been placed upon it's
first reading at a Regular Meeting of the Town Co~aission of the
Town of Boynton~ Florida, held on the ist_day of
193~, was placed upon it's final reading and duly adop~em at
a Regular Eeeti~ of said_Town Co..~mission held on the_lSt~ day
of_Au~t___&.D.l~$$, and a copy thereof posted at the door of the
Town Hall.
~ D OF
B0z~R TOWN C0~I$SIONERS OF THE TOWN OF BOYNTON,FLORIDA
Nayor
(Signed)~,. ~ENZEL
Vice~Nayor - - '
(Signed) J. P~ BOV.~