HomeMy WebLinkAbout1962-087-3 - Regulation of Intoxicating Liquorr
BILL N0. ~ 7~.3
ORDINANCE N0. ~~ _
AN ORDINANCE,.RELATING TO THE REGULATION, CONTROL, MANUFACTURE, BREWING,
SALE AND POSSESSION OF INTOXICATING LIQUOR WITHIN THE CORPORATE LIMITS
OF THE CITY OF RIVERSIDE, MISSOURI, DEFINING INTOXICATING LIQUOR, PRO-
VIDING FOR LICENSES AND EMPLOYEE PERMIT CARDS TO BE ISSUED AND FEES TO
BE PAID BY PERSONS ENGAGED IN THE MANUFACTURE, BREWING AND SALE AT
WHOLESALE OR RETAIL OF INTOXICATING LIQUOR, PROVIDING PENALTIES FOR THE
VIOLATION OF THIS ORDINANCE.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,
MISSOURI, AS FOLLOWS:
SECTION 1. This ordinance may be cited as the "Liquor Control
Ordinance", of the City of Riverside, Missouri.
SECTION 2. - DEFINITION OF INTOXICATING LIQUOR.
The term intoxicating liquor as used in this ordinance, shall
mean and include alcohol for beverage purposes, alcoholic, spirituous,
vinous, fermented, malt or other liquors, or combinations of liquors,
a part of which is spiritous, vinous, fermented, and all preparations
or mixtures for beverage purposes, containing in excess of three and
two-tenths, (3.2%) per cent of alcohol by weight.
SECTION 3. - OTHER DEFINITIONS. For the purpose of this Ordinance,
the following terms are defined as follows:
(a) PERSON. The term "Person" as used in this Ordinance shall
mean and include an individual, partnership, firm, association, or
corporation, unless the context requires a contrary interpretation.
(b) CHURCH. The term "Church" shall mean and include any
building or structure regularly and primarily used as a place of wor-
ship or any organized religious society, organization or congregation,
regardless of whether or not such building or structure was originally
designed and constructed for such purpose.
(c) CLOSED PLACES. A "Closed Place" is hereby defined to
mean a place where all doors are locked and where no patrons are in
the place or about the premises.
_ (d) DWELLING. The term "Dwelling" shall mean any place that
is used regulary or irregularly as a place of repose, sleep, rest, or
any place containing a bed, cot,. divan, couch, or any other article or
furniture on which an adult person may recline, however, this shall
_ not include premises used as a hotel or hotel room.
(e) SCHOOL. The term "School" shall mean and include any
place which is regularly used as a public, private or parochial
school, elementary school, college, university, professional school,
business or secretarial school.
(f) MANAGIN$ OFFICER. The "Managing Officer" of a corporation
is the person who is in active management and control, who may be
designated by the corporation as the managing officer and who may be
eligible as an individual to receive a license for the sale of intox-
icating liquor.
Page Two
BILL N0. ORDINANCE N0.
(Section 3 continued)
(g) FRONTS. The term "Fronts" as applied to location of
- liquor establishments, shall refer to that street upon which the prin-
cipal entrance of such liquor establishment is located.
(h) ORIGINAL PACKAGE. The term "Original Package" shall
mean at least one container of not less than eight ounces of any intox-
icating liquor containing in excess of five (5%) per cent alcohol by
volume, or three or more standard containers of malt liquor,. or non-
intoxicating beer.
(i) CLUBS-DEFINITION-The clubs which shall be entitled to a
license, shall be regularly incorporated, associations, not for profit,
under the laws of the State of Missouri, organized for the sole purpose,
as benevolent, charitable or social, having regular due-paying members.
However, any incorporation association, organized for the sole reason
of selling alcoholic liquor shall not be entitled to a license.
SECTION 4. LICENSE REQUIRED, AND PERIOD OF TIME.
It is hereby declared to be unlawful for any person, firm, co-
partnership, association or corporation, whether by itself or through
the use of agents or servants, to engage in the manufacture, brewing,
sale or distribution of intoxicating liquors, as in this ordinance
defined, within the City of Siverside, Missouri, without first having
taken out and obtained a license authorizing such manufacture, brew-
ing, sale or distribution in compliance with the terms of this Ordinance.
Provided, however, when such places of business is not located within
the corporate limits of the City of Riverside, Missouri, no fee shall
be charged by the City, however it shall be subject to other regula-
tions and restrictions as provided by this ordinance.
(a) Said license to be issued for a period of one (1) year
from June-30th of each year, and where a license is applied for and
issued after December 31st in any year, then the licensee shall pay
a license fee equal to one-half of the annual fee; and thereafter all
renewals of licenses shall be issued on June 30th of each year.
_ (b) If any licensee shall discontinue or abandon the opera-
tion of the liquor establishment for which liquor license was issued
for a period of ninety (90) days or more, the Board of Aldermen may
declare such license abandoned or forfeited; provided that five days
notice has been given by the City in writing of such action, and
served by the City Police at the last known address of the licensee
or the address shown on the licensee's application for 'a liquor license.
SECTION 5. LICENSE FEES - CLASSIFICATION - LIMIT
The license fees specified herein and imposed annually and
the limit of number of licenses to be issued and the fees to be paid
are as follows:
(a) DISTILLERS OF INTOXICATING LIQUORS IN EXCESS OF 5%. FEE.
Manufacturers or distillers of intoxicating liquors contain-
ing alcohol by weight in excess of five (5%) per cent, shall be issued
a license upon proper application, and who have fully complied with
the provisions of this ordinance, upon the payment of ONE HUNDRED FIFTY,
and no/100ths Dollars ($150.00) to the City Collector.
-2-
Page Three
BILL N0. P_______„_
ORDINANCE N0.
(b) WHOLESALERS OF INTOXICATING LIQUOR OF ALL KINDS, IN
EXCESS OF FIVE ?(5°~) PER CENT. FEE.
Distributors or wholesalers of all kinds of intoxicating
liquors containing in excess of five (5%) per cent alcohol by weight,
shall be issued a license upon proper application, and who have fully
complied with the provisions of this ordinance, upon the payment of
THREE HUNDRED SEVENTY-FIVE and no/100ths Dollars ($375.00) to the
City Collector.
1. For the purpose of this ordinance, "Wholesaler"
or "Distributors" shall be deemed to be persons, firms or corporations
selling such intoxicating liquors to duly licensed retailers for re-
sale.
(c) RETAILERS OF INTOXICATING LIQUOR IN EXCESS OF FIVE (5%)
PER CENT BY THE DRINK. ORIGINAL PACKAGE. FEE.
Retailers selling intoxicating liquor with an alcoholic con-
-" tent of more than five (5%) per cent by weight, for consumption on
the premises where sold, shall be issued a license upon proper appli-
cation set forth in this ordinance and full compliance with the
provisions of this ordinance, and upon the payment of FOUR HUNDRED
and FIFTY DOLLARS ($450.00) to the City Collector.
The license issued under this sub-section (c) includes the
right of sale in the original package, provided such original package
shall not be opened, and the contents thereof consumed on the premi-
ses where sold, and shall include the right to sell intoxicating
liquor with an alcoholic content of five (5%) per cent or less by
weight, by the drink or in the original package.
(d) WHOLESALERS SELLING INTOXICATING LIQUOR NOT IN EXCESS OF
TWENTY-TWO (22%) PER CENT BY WEIGHT, TO LICENSED RETAILER.FEE.
Wholesalers selling intoxicating liquor with a content of
alcohol not in excess of twenty-two (22%) per cent by weight, to duly
licensed retailers, shall be issued a license upon proper application,
made under the provisions of this ordinance and full compliance with
the provisions of this article, and upon the payment of ONE HUNDRED
FIFTY Dollars ($150.00) to the City Collector.
(e) MANUFACTURER'S LICENSE FOR THE MANUFACTURE OF INTOXICA-
TING LIQUOR-CONTAINING ALCOHOL NOT IN EXCESS OF TWENTY-TWO (22%)
PER CENT BY WEIGHT. FEE.
A license shall be issued to applicants who have applied,
and fully complied with the provisions of theordinance, permitting
such applicant to manufacture, distill or blend intoxicating liquor
containing alcohol not in excess of twenty-two (22%) per cent by
weight, upon the payment of ONE HUNDRED FIFTY ($150.00) Dollars to
the City Collector.
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(f) LICENSE REQUIRED FOR CONSUMPTION OF LIQUOR ON PREMISES
NOT LICENSED TO SELL. CERTAIN HOUlS AND DAYS. CONSUMPTION BY MINORS
PROHIBITED. LICENSE FEE, FEE.
_~ It shall be unlawful for any person operating any premises
where food, beverages or entertainment are sold or provided for compen-
sation, who does not possess a license for the sale of intoxicating
liquor to permit the drinking or consumption of intoxicating liquor,
in,on or about said premises between ten p.m. and six a.m. the follow-
ing day without having a license as provided by this section.
The drinking or consumption of intoxicating liquor shall not
be permitted in, upon or about the licensed premises by any person
~ under twenty-one (21) years of age, or any other person between the
~1, hours of one-thirty (1:30) a.m, and six (6:00) o'clock A.M. on any
!~ Saturday, and twelve (12) o'clock midnight Sunday or on the day of any
~~~~ general, special or primary election in this State, or upon any
jai, County, City or Municipal Election Day, during the hours of the
l election polls are legally open.
Provided however, the consumption of intoxicating liquors
may be resumed on any such election day after the expiration of thirty
(30) minutes next, following the hour or time fixed by law for the
closing of the polls at any such election.
A license shall be issued under this section on proper
application as provided in this ordinance, and upon compliance with
the provisions of this ordinance, and upon compliance with the provi-
sions of this ordinance, and the payment of THREE HUNDRED DOLLARS
as a license fee to the City Collector.
SECTION 6. GAMBLING DEVICES PROHIBITED.
The operating or possession of any gambling device in or
about the premises where intoxicating liquor is sold, either in the
original package, or for consumption on the premises where sold,
shall be grounds for suspension or revocation of the license, and no
licensee shall permit any gambling device to be set up or used in
or about said premises.
SECTION 7. SALE IN "SALOON" ILLEGAL. UNAUTHORIZED. LIQUOR.
Nothing in this ordinance shall be so construed as to
authorize the sale of intoxicating liquor in the original package or
at retail by the drink for consumption on the premises where sold,
in a place commonly known as a "saloon1°, nor in any building or
room where there are blinds, screens, swinging doors, curtltins,
stained or painted windows or any other things in such building or
room that will obstruct or obscure the interior of such room from
public view.
It shall also be unlawful for the holder of any license
authorized by this ordinance for the sale of intoxicating liquor
at retail by the drink for consumption on the premises where sold,
to keep or secret, or allow any other person to keep or secret in or
upon the premises described in such license, any intoxicating liquor,
other than the kind expressl~r authorized to be sold by such licensee.
SECTION 8. DRUGGISTS MAY POSSESS INTOXICATING LIQUOR FOR MEDICINAL
PURPOSES.
Regularly licensed drug stores may be lawfully in possession
of intoxicating liquor, to be used in connection with the business
of a druggist in compounding medicines, or as a solvent or preservant,
without being subject to the provisions of this ordinance. Provided
however, that any druggist or drug store operator desiring to sell
intoxicating liquors, in the original package, not be consumed on
the premises and which drug store shall have a registered pharmacist
on duty at all times that such store is open for business, shall
procure the proper license therefore, and be in all matters, subject
to the provisions of this ordinance relating to the location,
licenses to be paid, and hours at which such intoxicating liquor may
be sold.
(a) That during the hours set forth in this ordinance,
prohibiting the sale of intoxicating liquors, the drug store shall
cause the display of liquor therein to be reoped off or otherwise
blocked off from the customers of said store.
SECTION 9. TIME FOR OPENING AND CLOSING PREMISES. ELECTIONS.
SUNDAY CLOSING.
No person having a license under this ordinance, nor any employee
of such person, shall sell, give or otherwise dispose of, or suffer
the same to be done upon or about his premises, any intoxicating
liquor, in any quantity between the hours of 1:30A.M., and 6;00 A.. ` mod```'
on week days and between the hours of "" -- ~ aY ~6 ~
„a , ~ ~,,, _.~,__~_ _, a_., ~.~.~ _~,,..a..__ rr ,~-t°~-~-38~n. upon the }'t,,,...
day of any General,Special or Primary Election, held in the City
of Riverside, Missouri,be it State, County Township, City or
Municipal or Primary Election, wherein and at which, candidates for
public office, are elected or nominated, and shall remain a closed
place as herein defined in this ordinance.
1. Where this ordinance authorized the sale of alcoholic liquor
by the drink, and licenses are held by restaurants, clubs or hotels,
this section shall apply to rooms in which intoxicating liquors
are dispensed.
2. The sale of alcoholic liquor may be sold on any such election
day after the expiration of thirty minutes next following the hour
of time fixed by law for the closing of the polls at such election.
3. That during the hours set forth in this ordinance prohibiting
the sale of alcoholic liquors, the licensee shall cause any display of
liquor in the liquor establishment or store to be covered, roped ar
blocked off from the view of customers and patrons of said establish-
ment or store.
SECTION lo. TO WHOM INTOXICATING LIQUOR SHALL NOT BE SOLD.
No person, firm, association, or corporation, or his or its
employees shall sell or supply intoxicating liquor or permit same to
be sold or supplied to a habitual drunkard or to any person who is
under or apparently under the influence of intoxicating liquor. In-
ox3rating liquor shall not be given, sold or otherwise supplied to
any person under the age~of twenty-one (21) years, but this shall
not apply to the supplying of intoxicating liquor to a person under
said age for medicinal purposes only, or by the parent or guardian
of such person or to the administering of said intoxicating liquor
to said person by a physician. No person under the age of twenty-one
years shall sell or assist in the sale or dispensing of intoxicating
liquors.
SECTION 11. LICENSE NOT TRANSFERABLE. USE. No license under authority
of this ordinance shall be transferred from one person to another, nor
shall said license be used at any place except on the premises for which
said license is issued, and proper license shall be procured for each place
of business for whit~h a state license is required.
However, when a licensee obtains a buyer or lessee for the estab-
lishment for which license was issued, said buyer or lessee shall be given
prior consideration for a license provided said buyer or lessee meets the
qualifications set forth in this ordinance, pay the necessary fees and is
approved for said license in accordance with the requirements of this
ordinance.
SECTION 12. INTOXICATING LIQUOR NOT TO BE SOLD WITHIN 300 FEET OF
SCHOOL OR CHURCH.
No license shall be granted for the sale of intoxicating liquor
as defined in this ordinance, within three hundred (300) feet of the
premises of any school or church, unless the applicant for such license
shall first obtain the consent, in writing, of the majority of the Board
of Directors of such school or the consent, in writing, of such church
or church board.
SECTION 13. WINDOW DISPlyAY OF LIQUOR UNLAWFUL. VISIBILITY.
It shall be unlawful to display in any street window, or show
window, any intoxicating liquor of any package, bottle, or container
bearing the lable or brand of any intoxicating liquor, nor shall the
licensee under this ordinance idsplay, or allow to be displayed upon
the windows or within the premises where strch display may be visible
from the exterior, any signs or markings which advertise the price of
alcoholic beverages, or the size of containers,~glasses or mugs in
which alcoholic beverages are offered for sale.
(a) Retail licensees shall not place, or permit the placing
of any object within or on the window of the premises covered by the
license, so as to impede or obstruct the view from the exterior into
the interior, curtains drawn apart if used, to permit a clear view
into the interior.
SECTION 14. Possession of Intoxicating Liquor Restricted.
No persons shall possess intoxicating liquor purchased within
the City of Riverside, Missouri unless the same has been acquired from
same person holding a duly authorized license to sell the same under
this ordinance or unless the said intoxicating liquor is had or kept
with the written perniission of the State Supervisor of Liquor Control,
and th~tpackage in which intoxicating liquor is contained and from
which/is taken for consumption has, while containing intoxicating liquor,
been labled and sealed with the official seal prescribed under the
State Law and the regulations made thereunder.
SECTION 15. CONSUMPTION OF INTOXICATING LIQUOR ON PREMISES MAY
BE PROHIBITED BY OWNER.
No intoxicating liquor as defined in this ordinance shall be
drunk, consumed or publicly exhibited, in a public dining roam, lunch
roan, soda fountain, or any placd where meals or lunches and soft
drinks are served, where the owner or owners, or manager or managers
exhibit in the premises, signs or placards in the effect that intoxica-
ting liquor may not be drunk in or about the premises, such signs or
placards to be of sufficient size and in sufficient number to be easily
discernible to the general public.
SECTION 16. QUALIFICATIONS OF APPLICANT FOR LICENSE.
No person shall be granted a license under this ordinance, unless
such person is of good moral character and a qualified legal voter and tax
paying citizen of the State of Missouri, nor shall any corporation be
granted a license hereunder unless the managing officer of such corpor-
ation has the above-mentioned qualifications; and no person shall
be granted a license or permit hereunder whose license as such dealer
has been revoked, or who has been convicted, since the ratification
of the Twenty-first Amendment to the Constituti®n:~of the United states
or a violation of the provisions of any ~$w applicable to the manu-
facture or sale of intoxicating liquor,/wfio employs in his business as
such dealer, any person whose license has been revoked or who has
been convicted of violating the provisions of any such law since the
date aforesaid.
Section 17. Application for License.
All applications for license under the provisions of this
article shall be made in writing on proper .forms to the Board of
Aldermen and shall state specifically whether the license is for a
distiller, brewer, wholesaler, distributor, and in the case of re-
tailers license, shall state the alcoholic content of the liquor to
be sold under ssid license, and whether said license is issued for
consuption on the premises, or whether said license issued is for
both, the sale in the original package and for consumption on or off
the premises where sold.
All such applications shall state the name and address of
the applicant or if the applicant is a firm, partnership or association,
all of the names and addresses of each member of the firm, partnership
or association, or if the applicant is a corporation, the names and
addresses of all the officers, the Board of Directors, and all of
the stockholders of the corporation and shall described the premisesfor
which the license is applied for shall cover and when required by this
article, shall be acc+mrapanied by an inventory and valuation at cost
prices of goods other than intoxicating liquor at the propsed place
of business.
No license shall be granted at the same meeting of the Board
of Directors at which the application is first presented, but the
application shall, after presentation to the Board, be referred by
the Mayor of Riverside, Missouri to the Assistant Police Chief for
investigation, and the Assistant Police Chief shall make a report
at the next meeting of the Board (which report shall set forth the
criminal record of the applicant, if any, a complete verification
of the facts in applicant's application, and a general character
c heck of the applicant) at which time action may be taken upon the
application.
(a) All information called for in the form or forms to be
provided by the City Clerk shall be fully given and signed under oath
__ by the applicant.
Section 18. Granting of License.
On approval of the application by the Board of Aldermen and a
-- payment of the license tax herein provided, the Board of Aldermen
shall grant the applicant a license to conduct business at the
specified location i.n the City for a period set forth in said
license certificate. Every license issued under the provisions
of this ordinance shall set forth the type of license granted, and
shall particularly describe the premises at which alcoholic liquor
may be sold thereunder and such license shall not be deemesd to
authorize or permit the sale of alcoholic liquor at any place other
than that described therein. No licensee under the provisions of
this ordinance shall be permitted to move the location of said
establishment as pertains to the alcoholic liquor, without the ex-
press approval of the Board of Aldermen, nor shall any license be
issued unless the licensee is i.n present possession of the premises
described in his application, at the time the applicant's applica-
tion is presented to the Board of Aldermen.
(a) 7.'he Assistant Police Chief, may inspect the premises of any
licensee at a reasonable time, without warrant, and the acceptance
of the license under the ordinance shall be construed as a waiver
by the licensee as a waiver of any constitutional provisions con-
cerning search and seizure.
(b) Licenses granted under this ordinance shall be signed
by Mayor and Clerk of the City, and the Seal of the City shall be
affixed by the City Clerk.
section 19. Suspension or Revocation of License - Manner.
Compliance with Federal and State Liquor Laws.
T'he Board of Aldermen may, on hearing, suspend or revoke any
license issued under the provisions of this ordinance whenever a
dealer licensed hereunder has not, at all times, kept an orderly
place or house, or has violated any of the provisions of the article,
first having given such licensee not less than ten (10) days notice
in writing of the application to suspend or revoke his license prior
to the order of suspension or revocation is uing, which said notice
shall contain the ground or grounds for/~+~nsion or revocation set
out therein and which notice shall command the licensee to be present
~ the regular meeting or called meeting of the Board of Aldermen and
show cause, if am, why such license should not be suspended or re-
voked; provided, that such licensee Shall have full right to be
represented by counsel at said hearing. Provided further, that such
notice of suspension or revocation hearing shall be served by a
police officer and may be served upon the licensee by leaving a copy
thereof with the licensee or any person or employee in diarge of the
phce of business of said licensee. Upon the suspension or revoca-
tion of any licensee, no license fee paid shall be refunded to the
licensee.
(a) Every licensee shall, in addition to the requirements
of this ordinance, comply in every respect with all Federal liquor
laws and with the Liquor Control Act of the State of Missouri and
any violation thereof shall be valid reason for the suspension of
or revocation of any license issued under this ordinance.
section 20. Misrepresentation of Age by Minor to Obtain
Non-Intoxicating Beer.
Any person of the age of seventeen (17) years and under the
age of twenty-one (21) years, who shall represent that he or she
has attained the age of twenty-one (21) years for the purpose of
purchasing, asking for, or in any way or manner receiving am non-
intoxicating beer, except in cases authorized by law, shall upon
conviction, be guilty of violation of the terms of this ordinance. Any
person under the age of seventeen (17) years who shall represent that
he or she has attained the age of twen-one (21) years for the
purpose of purchasing, asking for, or/ way or manner receiving
any non-intoxicating beer except in cases authorized by law, may be
a~nsidered a delinquent child, and may be dealt with according to the
laws of the State of Missouri relating to delinquent children.
section 21. Purchase or Possession by Minor.
No person under the age of twenty-one (21) years shall purchase,
attempt to purchase or have in his possession, any non-intoxicating
beer as defined under this ordinance.
Section 22. Regulations on signs.
-- No premises for which a license shall have been issued hereunder
shall have affixed to the exterior thereof more than one (1) sign and
any such sign shall be first approved by the Board of Aldermen of the
City.
SECTION 23. LIMITATION ON NUMBER OF LICENSES.
There shall not be issued and current, more than ~,
licenses for the sale of all kinds of intoxicating liquor by the drink
for consumpt' n on the premises; nor shall there be issued and current
more than licenses for sale of intoxicating liquor in the orig-
inal packag nor shall there be issued and current more than ~_
licenses for the sale of malt liquor at retail by the drink for consump-
tion on the premises where sold, nor more than licenses for sale of malt
liquor containing alcohol in excess of 3.2% b weight in the on final package,
SECTION 24. SUSPENSION OF LIQUOR LICENSE BY MAYOR'S PROCLAMATION.
Every license issued under this ordinance shall be granted
upon the condition that the holder thereof shall suspend the sale of
intoxicating liquor whenever the Mayor of the City shall so order by
proclamation, not exceeding a period of forty-eight (48) hours; and in
case of public disturbances, riots, strikes, catastrophes, or other
public necessity, for the public good, suspend by order any and all
dealers in liquor for such period of time.
SECTION 25. EMPLOYEE'S PERMIT.-
` r~~ All persons employed by licensees engaged in the retail sale of
,,,~..sa alcoholic beverages by the drink must obtain a permit through the office
~ ~ of the City Clerk. All applicants to procure such a permit shall be
~~,,: fingerprinted by the assistant Police Chief, and furnish to the Assistant
Chief of Police, an identifying photograph in duplicate of the person
to be employed. Such applicant shall pay the sum of Two and 50/100ths
Dollars ($2.50) for such permit and be given, upon application duly
made in writing, a temporary card which will be valid for a period not
less than thirty (30) days, and may be extended to cover the period
necessary for a detailed investigation by the Assistant Poe fief.
If, before the expiration date of such temporary card, the ppl nt
then such a licant
meets the requirements of the State and the City, PP
shall be issued a pern-it card good for a period of ewe-~ea~~ from said
issuing date. ~~~'"`~'~ '
1. EMPLOYEE'S PHYSICAL EXAMINATION. It shall be necessary
that all applicants for permits under this section, furnish the City a
written report by a duly licensed physician, that the applicant for
such permit is in good health, free of any contagious, malignant or
infectious disease, or defect, illness or disability, which would
prevent the applicant from performing the duties of employee of a
liquor establishment or store, selling drinks or serving alcoholic
beverages or food for consumption on the premises, such as to endanger
the health and well-being of the public.
2. RENEWALS. Upon the expiration of said permit card, a
renewal thereof may be granted by the City in the same manner as
before, however, the fingerprinting of the applicant may be dispensed
with if said fingerprinting is then in the files of the City Clerk.
3. REVOKING OF PERMIT. The employees permit may be revoked
if such person becomes a police character, or convicted of any crime,
or is found guilty of the violation of any provision of this ordinance.
4. EMPLOYERS NOT TO EMPLOY UNPERMITTED PERSON. It shall be
unlawful for any licensee of any liquor retail establishment to have in
his employ, to sell or assist in the sale or delivery of alcoholic
beverages, any person who does not have a permit card as herein pro-
vided. However, that any licensee may employ an unpermitted person
for a period not to exceed forty-eight (48) hours, such licensee shall
not retain or re-employ any person who has not procured a permit card.
.-
SECTION 26. VIOLATION. PENALTY. Any person violating any of
the provisions of this ordinance, except where some penalty is other-
wise provided, shall upon conviction thereof be adjudged guilty of a
misdemeanor, and shall be punished by a fine of not less than One
Dollar ($1.00) nor exceeding Gne Hundred Dollars ($100.00). Provided
that upon final conviction of any person for a violation of any of the
provisions of the article, said conviction shall autbtnatically operate
to revoke the license hereunder issued to such persons. Provided
further that the term of conviction as herein used shall mean
conviction upon final determination of any prosecution of any viola-
tion of this article. Provided further that no person having been
convicted of the violation of any of the provisions of the ordinance
shall be issued a license or renewal thereof for a period of one
year, from the date of said conviction. Upon conviction of any person
under the provisions of this article, it shall be the duty of the Judge
of tte Police Court to certify such conviction to the Board of
Aldermen.
SECTION 27. UNCONSTITUIONAL CLAUSE. Should any section, para-
graph, sentence, clause, or phrase of this article be declared un-
constitutional or invalid for any reason, the remainder of said
article shall not be affected thereof.
SECTION 28. REPEAL CLAUSE. All ordinances or parts of ordinances
relating to alcoholic liquor in conflict with this ordinance are
hereby repealed.
SECTION 29.
force and effect
approval.
ENACTING SECTION. This ordinance shall be in full
from and after the date of its passage, and
PASSED this ~~day of ~~`~~'Z~S~-~ , 1962.
Mayor
ATTEST:
City Clerk
APPROVED this ~%"rday of
1962.