HomeMy WebLinkAboutOrdinance 143 AN O~INANCE LICENSING AND REGULATING THE SALE
AT RETAIL OF NON-INTOXICATING ~,~JlT LIQUORS AND
PROVIDING A PF2JAL~ FOR THE VIOLATION THEREOF.
THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN:
Section 1. Definition of Terms.
(a) As used in this ordinance, the term "person" shall mean
smd include a natural person of either sex, persons, co-partnerships,
corporations and associations of persons; and shall include the
agent or manager of any of the aforesaid. The singular number shall
include the plural, and the masculine p~onouu shall include the
feminine and neuter.
(b) ~'Non-intoxicating malt liquor~ shall mean any potable
malt beverage with an alcoholic content of more than one-half of
one per cent by volume and not more than three and two-tenths per
cent by weight.
(c) A "bona fide cldb" as used herein shall be any club or-
ganized for social or business purposes, or for intellectual im-
provement, or for the promotion of sports, where the serving of
such liquors is incidental to and not the major purpose of the
club ·
(d) "0~iginal package" as used herein shall mesn the bottle
or sealed container in which the liquor is placed at the place of
manufacture o
(e) "Cafe" or "restaurant" as used in this ordinance shall
mean any p~0ace where preparing and serving lunches or meals to
the public to be consumed on the premises constitutes the major
business thereof.
(f) "i t
n oxicating liquor" as used in this ordinance shall
mean and include ethyl alcohol and include distilled, fermented,·
spirituous, vinous and malt beverages containing in excess of
three and two-tenths percent of alcohol by weight.
Section 2. License Required. No person shall sell, vend,
deal in or.dispose of, by gift, sale or otherwise, or keep or offer
for sale, any non-intoxicating malt liquor within this city without
first having received a license therefor as hereinafter provided.
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Licenses shall/of two kindm: "On Sale~ and "Off Sale."
~On Sale" licenses shall be granted only to drug stores, cafes,
restaurants and hotels where food is prepared and served for con-
sumption on the premises and in bona fide clubs, and shall permit
the sale of s~ch liquo~ for consumption on the premises only.
"Off Sale" licenses shall be gran*~ed to permit the sale at
retail and wholesale of such liquor in the original packages for
removal from and consumption off the premises only.
Section $. Applications for License. All applications for
any license to sell non-intoxicating malt liquor shall be made on
forms to be supplied by the city setting forth the name of the
person asking for sUch license, his age, representations as to his
character with such references as may be required, his citizenship,
his residence, the location where such business is to be carried
on, whether such application is for "on sales" or "off sales," the
business in connection with which the proposed license will operate,
whether applicant is owner and operator of such business, the time
s~ch applicant has been in that business at that place, and such
other information as the City Council mmay require from time to time.
It shall be unlawful to make any false statement in an application.
Section 4. Fees. All applications for licenses shall be
companied by a receipt from the city t~easurer for the required an-
nual fee for the respective license. All such fees shall be paid
into the general fund o£ the municipality. Upon rejection of any'
application for a license, the treasurer shall refund the amount
The annual fee for an ~On Sale~~~all'beJ ~~'~ .
The annual fee for an "Off Sale" license shall be five
~ollar s ($5.00).
All licenses shall expire on the last day of December in
each year; provided that if eight months of any licensing year
have elapsed when the application is made, the fee shall be re-
~u~ed to one-half of the regular amount thereof.
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Section 5. Granting o_~ L_~ioense_[s. Apolication for license
~s't !:e presented to the City Co~ncll at a regular meeting thereof
and shall not he grante~] ~ntll the ~e~t regular meeting of said
Council. The Co~ncI1 shall ca~se an investigation to be made of
all facts set forth in the applicatio~. Opportonity shall be
given to any person to be heard for or against the granting of
any license. After s~ch investigation the City Council shall
grant or refuse any such application in its discretion. All li-
censed premises shall have the license therefor posted in a con-
spicuo~s place st all times.
Section ~. Conditions of Licenses. All licensos granted
hereunder shall be granted s~bject to the following conditions,
and all other conditions of this ordinance, an~ su~ject to ~ll
other ordinances of the city applicable thereto.
No license shall be Sra~te:~ to amy person who is ~nder
twenty-one years of age.
No license shall hme granted to any ~rson who has been
convicted of a felony., of violatiog the na%ional or st~~
liquo~ la;~s or local ordinance reiatin~ to manufactu~e o~~
transportation of intoxicating liq~ors~~~~ ~~
// No license shall give ~rmission t~ sell non-intoxicating
malt liquor in any theater, reo~.eation hall or cente~, dance
hall, ball park or other place of public gathering for the pur-
pose of entertainment, amusement or playing of ga~es, and no
such liquor shall be cons=ned there.
~ oeen ~ o~za~i~ a~ ~,,a~ p~'a-co ~o~: at least six
No iioense shall be granted for sale on any ~rsm~ses where
a !ioensee has been convicted of the violation oY this ordinance
or where any license he,'eons]er has been revoke,J f~r cause
at least ~(after the said cenv~,ction or revocation.
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No sale of any non-iz~toxicating malt liquor shall be made to
any person under g'~ardianship, nor to any person under twenty-one
years of age, and no such beverage shall be served to any minor
unless said minor be accompanied ~y his parent or legal guar~ian.
Ail licensees hereunder shall keep the premises iicense~ In
a sanitary condition. Every such premises shall be equio~d ~ith
proper sinks or other equipment, and provide~ with running hot
cold water for sterilizing and rinsing cups, glasses, mugs or o~her
utensils in which non-intoxicating malt liquor or any beverage is
served, and the sink or other equipment for such sterdlization or
rinsing shall be convenier~tty iocate~ to the spigots fro~ which
such beverages are drawn. In bars or fountains such sinks or
other equipment for such sterilization and rinsing sh~ll be of
the two compartment type.~~~~ ~
........... All pr~mises where any license ~ere~e'~ is granted shall be
open to inspection by any police or health officer or other proper-
ly designated officer or emDloyee of the city at any time
which the place so licensed is open to ~he public for b~siness.
No gambling, nor any gambling device prohibite~ by law, shall
be permitted in any licensed premises.
All licenses granted ~nder this ordinance shall be issued to
the applicant only and shall be issued for the pre~ises described
in the application. S~ch license shall not be trar~sferred to
another place without the approval of the City Council.
No license shall be granted to ~ny manufacturer of non-intoxi-
cating malt licoor no~ to anyone interested in the co~trol of any
s~ch place, and no equipment or fixture in any licensed place
shall be owned in whole or in part by any such manufacturer.
No license sh~ll be granted within ~00 feet of any public
school, nor within .500 feet of any church.
Licenses shall be grante~ only to oersons who are citizens
of the United States end residents of the City of Col~mbia Heights,
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and to persons of good moral character; provided, howevez', that
licenses may be granted to non-residents of the City of Columbia
Heights on condition that the licensee establish his residence
in the said City within ninety (90) days after the issuance of
such license.
No license shall be issued to any person who has a twenty-
five dollar federal occnpational tax receipt unless such person
has a license to sell intoxicating liquor in accordance with
the provisions of Chapter 46, Extra Session La~,'s of 1933-34, and
acts amendatory thereof.
Section V. Right to Search end Seize. Any peace officer
shall have the unqualified right to enter, inspect and search
the premises of a licensee Hereunder, during business ho'~rs,
without a search and seiz~re warrant, and seize all intoxicating
liquors found on the premises of such licensee, unless such li-
censee has an intoxicating liquor license issued under the pro-
visions of Chapter 46, Extra Session Laws of 1933-34, and acts
amendatory thereof; provided, however, that this section shall
not apply to intoxicating liquor found in possession of patrons
of a licensee if said liquor is in the original oscksge or con-
tainer in which it was purchased and the reven~e seals thereon
have no~ been broken or the said original package or container
in any way opened.
Section 8. License Automaticall~ Revoke~. Except as
hereinbefore provided, the presence of intoxicating liquors on
the premises of a licensee hereunder, unless said licensee has
an intoxicating liquor license issued ~nder the provisions of
Chapter 46, Extra Session La~s of 1933-34, end acts amendatory
thereof, shall be prima facie evidence of oossession of intoxi-
cating liquors for the purpose of sale, and the license granted
to said licensee shall be a~to~atically forfeite5 without the
necessity of formal action by t~e council.
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Section 9. Intoxicati...ng_ Liquor Forbidden. No licensee not
having an intoxicating liquor license issued ~nder the provisions
of Chapter 46, Extra Session La~s of 1933-34, and acts amen~atory
thereof shall permit the consumption of intoxicating liquors on
the licensed pre~ises, nor shall any li~ensee serve soft drinks
to be used for "mixing" purposes. ~lae violation of this section
shall automatically revoke the licensee's license without the
necessity of formal action by the council, and the cor~su~n-~tion
of intoxicating liquors on such licease~ premises is hereby de-
clared a violation of this ordinance by the oerson so consuming
the same.
Section lO. Hours of Doing Pusiness. No sales of any nob-
intoxicating malt liquor t~icensed to b+s sold under this ordinance
//~ ~
shall be made between the hours of~. an~] ~ ~ ~. nor on
day of any Federal, State or ~,~unicioal election before the hour
of 8 P.~.~., nor om any S~mday before l~:O1 ~.~f.
Section ll. Clubs. ~o club shall sell non-intoxicating
malt ~everage except to members and to g~;ests im the company of
Section 12. Pars, Partitions, Doxes or Screens Prohit~ited.
In any place licensed for "on sales" the non-intoxica~ing malt
liquor sold shall be served and cons~me~ at tables in the dining
or refreshment roo~ of the cafe, restaurant, hotel or club, and
shall not be consumed or served at bars: provi~e~ the same may
be served at counters where f~d is regularly served and
All windows in the front of any sucl~ [01ace shall be of clear glass,
and the view of the whole i~terior shall be unobstructed ?.y screens,
itions~ ~er~ shal~ Le~no partition, box, stall,
screen, curtain or other device which shall obstruct the view of
any part of said room from the general observation~ of persons in
said room~:; provided, however, that partitions, s~bdivisions
panels not higher than forty-eight inches fro~ the floor shall
not be constroed as in conflict with the foregoing; arid provided,
however, such license shall entitle the holder thereof to serve
non-intoxicating malt liquors in a separate room of sz~,ch res taut-
Section 9. Intoxioa~iDg- Liqu~or Forbidden. No licensee not
having an intoxicating liquor license iss'~ed ~nder the provisions
of Chapter 46, Extra Session La¢~s of 195~5-34, and acts amendatory
thereof shall perr~it the consum~ption of intoxicating liquors on
the licensed premises, nor shall any li~ensee serve soft drinks
to be used for "mixing" purposes. The violation of this section
shall automatically revoke the licensee's license without the
necessity of formal ~ction by the council, and the cor~su~nption
of intoxicating liquors on such lice~se~ premises is hereby de-
clared a violation of this ordinance by the oerson so consuming
the same.
Section lC. Hour.S o_f Dping Pusiness. No sales of any nob-
intoxicating malt liquor tdcensed to be sol~ under this ordinance
shall be made between the ho~rs of_~. an~] ~ ~.¥., nor on any
day of any Federal, State or .~.~un~cioal election before the hour
of 8 o ~ nor on any S~nday before 1~.0t P ~.
Section ll. Clubs. ~o cl~. shall sell non-intoxicating
malt ~everage except to members and to g~ests in the company of
members.
Section l~ Oars, Partitions, Poxes or Screens Prohit~ited.
In any place licensed for "on sales" the non-intoxicating malt
liquor sold shall be served and consumed at tables in the dining
or refreshment roo~ of the cafe, restaurant, hotel or club, and
shall not be consumed or served at bars: provided the same may
be served at counters where food is re&olarly served and
All windows in the front of any such place shall be o~ clear glass,
and the view of the whole interior shall be unobstructed ~' screens,
itions~ Tb_er~ shal~l be~no partition, box, stall,
screen, curtain or other .device which shall obstruct the view of
any part of said room from the general observation~ of persons in
said room~'; provided, however, that partitions, s~bdivisions or
panels not higher than forty-eight inches fron~ the floor shall
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not be constr~e~ as in conflict with the foregoing; arid provided,
however, such license shall entitle the holder thereof to serve
non-intoxicating malt liquors in a separate room of such restaur-
ant to banq'~ets or dinners at which are present not less than
six persons.
Section 13. Unconditional Power to Revoke or S~spend. ~ny
license gr~nted hereunder may be revoke~ by the City Co~s~cil with-
out notice to the grantee? or a hearing ~ay first be hel.~ and the
revocation then m~de for ca'ese. Any violation of any provision
or condition of ~his ordinance or any falsification of any state-
ment in the apol~cation shall be ground for revocation. ~o pot
tion of the license fee paid into the treasury shall be returned
upon revocation. Provided, however, that any two Cou~cil~uen or
the ~ayor of the City of Colombia Heights m~y a~ any time suspend
for a period of not to exceed thirty ~ays any license gr~nted
hereunder, by filing with the City Clerk of said City an order to
that effect.
Section l~. Sale of Intoxicating Liquor Pz~ohibite~. Nothing
hereunder shall peri, it the manufacture, sale or transportation, or
keeping or having in possession for sale or transportation of, or
taking or receiving, or soliciting, any order for any l~cuor of
a greater alcoholic content than three and two-tenths by weight
except for ~edicinal, oh~rmaceutical or scientific purposes, and
any such act is hereby made unlawfolo ~ny violation of this ~pro-
vision ~pon any pre~ises licensed hereunder shall also constitute
grown, ds for revocation of the license, and the same shall be aoto-
rustically revoked upon a conviction of the violation of this pro-
vision.
Section 18. ~mployment of ~inors Restricted. No person
under the age of twenty-one years employed on the pre~ises li-
censed to sell non-intoxicating malt beverages "on sale" shall
be permitted to draw or serve any such non-intoxicating malt
beverage.
Section 18. Penalty. Any person violating any provision
of this ordinance shall be guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine of not less than
$10.00 nor more than $100.00, or in default of such payment shall
be imprisoned for not to exceed ninety days, plus the costs of
prosecution in any case.
Section lV. Time o_~f Taking Effect. This ordinance shall
take effect and be in force from and after thirty (30) days after
its passage.
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