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HomeMy WebLinkAboutOrdinance 782 ORDINANCE NUMBER 782 AN ORDINANCE DECLARING THE BUSINESS OF STORING, TRANSPORTING AND/ OR SELLING OF 'LIQUORS AT RETAIL OR WHOLESALE IN THE CITY OF FAYETT- EVILLE , ARKANSAS TO BE A PRIVILEGE : LEVYING A TAX THEREFORE : PROVID- ING FOR THE ISSUANCE OF PERMITS : REGULATING M SALE (F LIQUOR : FIXING THE PENALTIES FOR VIOLATIONS , HEREOF AND . FOR OTHER PURPOSES . Be it Ordained by the City . Council of the City of Fayetteville , Arkansas . SECTION 1 . That the business -of storing , transporting , and/or selling of spirituous , vinous and/or malt liquors at wholesale within the City of Fayetteville , Arkansas , is hereby- declared to . be . aprivilege ; and for : -the exerciseof such a privileg,e ' there is . hereby ' levied an annual . ' tax in the sum of Three Hundred Fifty Dollars ( $350 . 00 ) . for each and every business conducted . . SECTION 2 . The business of storing , transporting, selling and/or dispen- sing at r.etail. of any and all , vinous , spirituous and/or malt liquors within the City of Fayetteville , Arkgnsas , is hereby declared a prives ilege and for .the exercise of such privilege there . is : hereby levied . . an annual privilege . tax in the sum of Two Hundred Dollars ( $200 . 00 ) for each . such ' retail store operated within the City of Fayetteville by any personi firm or corporation : SECTION 3 . Any person, firm 'or ` corporation engaging in the business . herein declared. to be a privilege without first having paid the lic - ense fees, as provided " in Section land- 2 . thereof- shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than One Hundred Dollars ( ; 100 . 90 ) and , not greater than. One Thousand Dollars , ( $1000 . 00 ) ;. and each day of . such . operation without the payment of said license fee shall constitute a ' separate and distinct offense . 1 SECTION 4 . . I It is hereby declared to: be the intent of the City in order to avoid confusion to issue such licenses as are Herein provided for - in such a manner that they will run for such a length of time, 4sN.1Ayh], be concurrent with the licenses issued by the State Government . . therefore ordained that the . City Collector shall have the right to accept installment - payments of the license fees due the City for such periods of time as the State Commissioner of Revenues grants .for . the payment of State :License fees . . _ SECTION 59P. / It shall be unlizvrful ,fort any person, firm or . corporation toy sell , offer for sale or giveaway, at wholesale any spirituous , . vinous . and/ or malt liquors before the hour of 8 a . m . and after the hour of . 6 p .m . It shall be ' unlawful for any person, . firm or corporation . to • sell , offer for sale , or give away, at retail any spirituous , vinous and/or malt liquors ' before the hours of 7 a , m . and after the hours 12 Otclock . midnight : It shall also .b6 unlawful for any person, firm or corporation to sell , .offer for sale or giveaway any such liquors on Sunday or on . any State'.. County , Miuiicipal and/or District primary ' or general election day . It ' shall alsob.e unlawful for any person , ; firm or corporation to sell ., offer for sale or give away any such liquors on Fourth of July and Christmas Day . Any person , . firm or corporation violating anyof the provisions MICROFl this section shall be deemed guilty of misdemeanor and upon oonvic"- ®ATE s t on shall be filled in . any sum not less than One Hundred Dollars 0100 . 00 ) REEL --xi more than Two Hundred and Fifty Dollars ( $250 . 00 ) . For the third se against any of the provisions of this section the City Council shall have the right to order the pe rmit , of such person , f irm or corporat - ion revoked. and . cane. elied . v i:Page #2 of 'Ordinance Number 782 SECTION 6. It ,shall be unlawful for any person, firm or corporation t'o sell , offer for sale or give away or cause or permit to be sold or offered for sale , or give array, any such vinous , spirituous and/or malt liquors through salesmen going from house to house soliciting orders . It shall be unlawful. f or any person, firm' or corporation to accept retail orders for such liquors for delivery outside of the ' premises of the store. operated by such person, firm or corporation . Any person , firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor . and upon con- viction thereof shall be fined in any sum not ' less than One Hundred Dollars ( 5P100 .00 ) nor more than Two Hundred Dollars and Fifty Dollars ( 4p250 . 00 ) ; and each such violation shall constitute a separate and distinct offense . SECTION 7 . It shall be unlawful for any person, firm or corporation to - have in his possession or control on the premises ,where liquors is allowed to be sold , any . bottle or contair_er containing liquor which has been ' opened . Adjoining premises shall be ' deemed to -come within the . prohibi - tion of this section when any person, . firm or corporation has any in- terest therein and in addition has any interest in the regularly licens- ed retail or wholesale liquor store . Any person, f inii or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction. thereof shall be fined in any sum not less , thanFifty Dollars ( a50 . 00 )' • nor more than Five Hundred Dollars ( �P500 . 00 ) ; and any person, firm or . corporation operating a regularly licensed liquor store , . having any interest in any establishment operating in adjoining premises where persons are found to be or permitted to drink liquor ' shall be subject to having their licenses revoked by ,the City Council . ' SECTION Be No person , firm or corporation shall be granted any permit for the sale within the city either at wholesale or retail of any liquor where such person, firm or corporation , or any member or stock- holder thereof, has any interest of . any kind in a business of club . .. operating in adjoining premises where liquor is kept or .permitted to be kept and/or ' consumed . , SECTION 9 . It is hereby declared to be for the best interest of the public that liquor dealers be prevented from selling liquor to per - sons known to be habitual drunkards And to this end it is hereby ordained that -any habitual drunkard' within the meaning of this ordinance -shall be " any -person who has .been convicted of drunkenness three times in any 12-month period . " the first said 12 -month:, period: to begin with the date upon which the ordinance is approved . It shall hereinditer be the duty of the . Chief of Police of the City of Fayetteville, to keep a. separate register ( which shall be -at all reasonable hours subjec-V to public inspection ) of every person convicted 'of drunkenness .in the City of Fayetteville ( both in . the municipal Court and the Circuit Cou'rt ) . -Such register, shall shout the number of times any person has been •'so convicted . d bulletin contain ing the names of each and every person convicted three times within a year of s drunkenness shall be mailed once each month, if necessary by the Chief of. Police to - each . liquor dealer " licensed by the City .. It shall be unlawful for any person,' firm, . or corporation to sell or give array any ' liquor to any . person when such person is in an intoxicated conditions 1 . Any person, firm or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor - and upon conviction of the first offense be punishable by a fine of not less . than Fifty Dollars 050 . 00 ) nor more than Three Hundred Dollars ( +,P300 . 00, ) and of a second offense in addition to such fine shall be subjected to ' the )evocation of the , license at the discretion of the City - Council SECTION 10 . It shall be the duty of the Chief of , Police to receive from the proper county official a list of any and all persons adjudged by k17age 43 . 0f ,:Ordinance Number 782 proper procedure in the County .Courts to be guilty of failing and refusing to properly support their faiilies , and such list as furnished shall be included by the Chief of Police in. the monthly report provided for in Section 9 herein . :any person, firm or corporation selling offering for sale or giving away. liquor to any person whose name is included in the said report of the 6hief of Police shall be deemed guilty of a misdemeanor and upon conviction shall be. subject to the same penalties as provided in section ' 9 herein . SECTION II It shall be unlawful for any person, firm or. corporation engaged in the sale at 1.iholesale or retail of any liquor in the City ' . . . of Fayetteville to sell , offer for sale , or give away under any con -- _ d tions any liquor to any person under the age of twenty- one ( 21 ) years of age . The • burden of determining the age of any person shall be upon the seller . • Any person, firm or corporation violating the- provisions of this section shall be deemed guilty - of a misdemeanor and upon conv= iction shall be subject to the same punishment as is provided in Section 9 thereof. SECTION I2 . No person, firm or corporation shall be granted a permit to . sell liquor either at • olesale or retail within the City of Fayetteville in bawh basement storerooms , or . in up stair . store rooms . Upon or in premises ' or in connection r•2 th any premisses wherein there are located any screened partitions doors oriwindows hindering , .or obstructing the view of the interior , privateALlcoves blind or curtained booths ., lockers , or where any other means or method is used , designed or adapted to induce or invite persons to open . and . consume liquor upon such premises . If . after a license then changes or allpws the premises to be changed to violate this section the City Council shall order such licnese revoked , if after a five -day notice such license fails and refuses to conform to the provisions of this sectionl Operation after the re - vocation of a license, shall be punishable , as .• provided in section 3 thereof . SECTION I3 . If any prosecution or proceedings for any violation of this ordinance in court or before the City Council , the general reputation of the defendant or defendants , ( or in case of an application of a permit or the revocation of a ' permit , the ap»licant or the lioensee ) for moonshinning , bootlegging, drinking; or being engaged in the unlatir ful manufacture of or trade in intoxicating liquors , shall be allowed to be introduced in evidence by.the . City against said defendant or defendants . SECTION 24 . It shall be unlawful for any person to drink liquor in any public place , highway. or street , or in or upon any passenger coach, street car , etc ( see section 10 , page 32 state law . ) Any person violating provisions of this section shall 'be deomed guilty of a mis -. demeanor and upon conviction shall be fined in any sum not less than ( $5 . 00 ) Five Dollars nor more than One Hundred Dollars ( j100 .00 ) . SECTION I5 . Before any , person, firm or corporation shall engage .in • the wholesale or retail liquor business in the City of Fayetteville , an application shall be made to the City Collector for the granting of a permit . Said application shall contain sworn statement of the name of the business sought to be licensed, the naives and addresses of all of the persons owning or holding any interest in said business , the proposed location of said business , the oviner or ainers of the building or premises inwhieh said store is to be located , and said applicantts state license shall accompany said application : Then the City Collector shall issue such license after approval by the City Council and upon the payment of the fees therein provided and then notify the Chief of Police of the issuance of same . SECTION 16 . Tage , 4 of. Ordinance Number 782 ` rt • SECTION 16 . lip The City Council shall have the right to refuse to grant a permit to any. person or to any firm or corporation in which a person ` or persons oi✓nirig an interest where such person or persons have been convicted of violation of liciuor and / or prohibition laws after passage of this ordinance and /or for crimes involving moral turpitude * f i� SECTION ]L7 . ,� That it shall be unlawful for any person, firm or corporation l having a license to sell liquor to sell or offer for sale at retail Y any beer except in the ' orginal container , said container not to .be opened on the premises . Any person, firm or corporation violating the provisions of '\ this section shall be deemed guilty of a misdemeanor and upon con viction fined in any . sum: not less than fifty dollars ( 050 . 00 ) nor more than Three Hundred Dollars ( 1�r�300 . 00 ) . SECTION I8 . It shall be unlawful for any person, firm or corporation .to sell liquor in containers of less than . one -half pint or more than one gallon . Any person, firm or corporation violating . this section shall be deemed guilty of a misdemeanor and upon conviction therefor shall be fined ' in any sum not less than ' Fifty Dollars ( 150 . 00 ) nor more than Taro. Hundred Doll ars ( 5 '200 : 00.) . SECTION 19 . If any section or portion of . a section of this ordinance is adjusted to be unconstitutional such adjudication shall not effect the validity and constitutionality of the remainder of the ordinance . SECTION . 29 . All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed and this ordinanceshall be . given full s force and effect over all ordinanceand parts of ordinances here tofore passed and approved . SECTION 21 . Whereas , the state and national governments have . repealed the previous prohibition on the sale of into- icating liquors , aril licenses are nov✓ being issued for the manufacture rmd sale of such liquors , it , is necessary that the city immediately take such steps as will enable it. in co- operation with other governemtal . agencies . to properly exercise its , police power over .the 1•iquor . traffice an emergency is herefore declared to exist and this ordinance is declared . to be necessary for the immediate preservation of the public peace health , and safety, and tba same , therefore , shall ' be in fullforce and effect from and after • its passage and approval . . Passed and approved June 10th, 1935 . - � .. � a . v �° t