HomeMy WebLinkAbout256CRDIN2701: UO. 256.
A?70RDIN~JqCE H ~G~ L~TI '~[- <~2~rLrFACT~JRT, DI[~TRI'
BUTI0if AND $~L~ IN ~ CITY Ow ~A~02D, FLORIDA, 0F
FORSIDDI~G ~[E ~0 ..... :~It 0F ........ I ..... V ~ ....... S. D~FI.I~
T02IC ~TI~ -~.~_~.~o, ? ,~R ~ 'I]7~5, ~TD :~r~ING PROOF BY ~:~L-
TIO~,o FUN . VICLf, TI3N CF ~'~' ~ROVISIO~;S E,~EOF; R,~IRI~G
SCRIBING ¢. ¢~{,'~,.. I17 ~?' CITY 'r: ....
FOR ~ ~m
........... ~ ,, DI?T{IB~TING OR SILLIiiG
z~,~, zu~, VIOLATION CF ~'WS PROVISIONS
Bi IT ~iACTED B" TI{E P.~( PL, 0F THE CITY 0F
SAi'FORD, FLORID2:
SSCTION 1. That no person, rips or corporation
shall engage in the business of manufacturing, distributing,
or selling in the city of Oanford, gl,srida, beversges con-
taining more than one per centum of alcohol by ~ei~ht with-
out first obtaining a permit so to do from the City Commission
of the City of S~:nfOrd, Flor~e.'5
..... ~ ~. That s~v person, firm o~ coPpo~atioi1
destrin{~ to manufacture, distribute or sell s~ of the Bev-
erages mentioned in section: 1 hereof shall apply in writing
to the City Co~ranlssion for s permit so to ~o. Such appllc~tio~
shell store the noture ,~nd loc?tion of the busin,~ss to be
eng:~ged in; the name of the person, firm or corporation who
will operate such 'business ~nd the naL,~a or names of p~rties
to Se in char~/e thereof. If the City Com~ission deer, s it
proper to permit such business to be conducted at ~he location
designated, it shall ~nt to such person, firm or corporation
a permit to engage in such business upon the payment of the
license t~x herein~fter prescribed. ~fo permit shall be issued
to any person who sh~ll h~ve been convicted in ony Court of s
violation of any low relating to the msnufocture, distribution,
or sale of intoxicating liquors. If such permit be denied,
it shall be unlov~ful for such perso~, firm or corporation to
in such business.~
City of ~nford, Florida,
which the business of
lng ,~.:ore than one per
gaged, to wit.~,:
Avenue;
i~almetto
That the followin~ portion o
is hereby desi~nated os a zone in ~-i~~
distrihutin~ or sellin~!~ beverages contain-
centum of alcohol hy ¥~,~icht may be an-
On First Street froL~ ~ani'ord Avenue to French
On Oak Avenue, t~srk .venue, ~[agnolls Avenue
Avenue from Commercial ~treet to '~econd Street;
On Ssnford ~venue fro~,~ Co~nercial ~treet to
:~fter the time this
fir~ or cor'por~- tion
Fifth ~]treet.
::~ ,CTYON 4 That from and
Ordinance becomes e:~fective, no person,
shall en~sge in the business of manufacturing, distributing
or selling the ~everages described in 2action I hereof ~ithout
the payment of the annual license tax prescribed in the next
section hereof. Provided, that no person, firm or corporation
-2-
.~ t of ~anford for the sale
now holding a license from the ~i Y
of said beverageS, shall be required to obtain e license
hereunder until the first of October, 19~7. The said license
-,-, ' ~ 3ar to
~ear shall be from the f'irst day of OctOber of e~.c¢, Y '
the 30th day of September of the n.~zt succeeding year, provided
that a license may be issued for any period of time after this
ordinance becomes effective and until the ~irst day of October,
19~7, upOn the payment o? o~e-half of the license tax prescribed
in the next section hereof. Licenses shall be issued hereunder
as now prescribed by Ordinance ~o. 223 for the issuance of
licenses by said city of accord, ~.lorida. A person duly li-
oensed heralder n~sy renew his license from ye~r to yesr upon
application to zhe city taz collectOr, upon the payment of the
license ~ax, without the necessity of application to the city
Co~issioners, provided the lic~nse of such licensee shall not
have been revoked, ~nd no ch~,rgeS of violation of this 0rdin~nce
be pending against such licensee ~:~t the ti~e of his application
for renewal of his license. The city shall h~ve the ri~ght, for
good cause, to revoke, ~fter reasonable notice .~nd hearing, any
license issued hereunder.
~,~ ~0~ That the following shall be the
~._~~ o ~CT~ .~ 5.
amounts of sn~ual license to,xes to be paid :
For vendors who ~sY sell only beverages
containing alcohol of rzore than one per oentum by
wei~t and not ~.ore than fourteen per centum by ~eigbt,
.
and wines re ~ardless of alcoholic con~ent ................
The following license tsxeS shell ~pply
to vendors who shall sell the beverages described
Section 1 hereof, regardless of alcoholic content:
For veadors operating places of business
where beverages are sold onl~, in sealed containers
' .~2~5, O0
for censumption off the premises where sold ................
For vendors operating places of business
where such beverages are consumed on the premises ..........
For persons associated together as a
charterec or incorporated club, including social clubs
incorporated by orders of Circuit Yudges, and who, at
the time of application for license, shall have been
in continuous active existence and operation for a
period of not less than two years in the city of Sen-
ford ......................................................
For caterers at horse and dog racing
plants ....................................................
Each manufacturer authorized to do business
of d;arn'ord shall pay an annual license tax ss
in the city
follows:
(a) If engaged in the manufacture of wines
and of nothing else ....................................... ~ 50.00
(b) If engaged in the manufacture of wines
/!100 O0
and cordials and of nothing else .......................... ~ ~
(c) If angagc~ in the business of brewing
malt liquors ~nd nothing elsa ............................. ~V50.00
(d) If engsged in the business of distill-
lng spirituous liquors .:~nc nothing else ................... :~ffS~.GO
(e) If anglo, ged in the business of rectify-
ing and/or blending spirituous liquors .nd nothing else...~1250.00
Persons licensed hereunder in the business of dim-
tilling spirituous liquors may also en~:sga in the business of
rectifying and/or blending spirituous liquors without the pay-
ment of an additional license tax.
All personslicensed under
"c", "d", and "e" of this Section shall
within the meaning of this ordinance.
subsedtions "a", "b",
he deemed manufacturers
There shall be a separate license tax for each
manufacturing plant or extablishment operated in the City
of Sanford, Florida, even thoug~l the same manufacturer o[}erotes
more then one ~nufacturing plant or establishment.
(f) Each distributor '~ho shall sell
beverages containing alcohol of more then one per
cent by weight ~nd not more than fourteen per cent
by weight, nd wines, reg~rdless of slcoholic content,
shall pay for each and every such est~blishment or
branch he may operate or conduct, a license tax of ...... o.~E00.OO
(g) All other distributors authorized
to do business under this ordinsnce shall for each~nd
every establishment or branch they may opec'ate or
conduct in the City of Sanford, Florida, pay a li-
cense tax of ............................................. j1250.00
S~CTION 6. Licenses issued hereunder shall
not be transferrable, except ss follows:
V~en e licensee sh~ll have msdea bona fide sale
of the business, which he is so licensed to conduct, he may
obtain a transfer of such license 'to the purchaser of said
business, provided the purchaser shall prove to ~he City Cam-
missioners of the City of aenford that the 0urchaser possesses
all of the qualifications required of a person 'to whom a li-
cense may be issued.
S~CTIOL~ 7. That no license issued hereunder
shall be prorated as to the amo~mut of the license t~x, exdept
that after the irst day of 2:pril a license may ae issued for
the remainder of '~he license year upon payment of one-half of
the license tax h~srein pr~scrih:d, and that vendors may at
-5-
time obtain licenses for periods of six months from the date of
the license upon P~yment of two-thirds o~ the annual license tax
herein required.
~TION 8. That the license tax herein Prescribed
and required shall not include the license required of persons
engaged in the restaurant business but the regulsr license
'I ~het the sale of intoxicating liquors~-~F
besides beer and wines, between the hours of 12 P. M. midnight
of Ssturdey and 6 ~. M. of the following ~'(onday and between the
hours of 1 =~.. ~. end 6 A. Df. on all Other days is hereby pro-
hibited, and ell Vendors o~' intoxicating liquors, besides beer
end wines, shall keep their places of' business closeddttring the
aforesaid hours, and it shell be unlawful to sell a.~ i. ntoxlcat-
lng liquors on any state, county or municipal general or primary
election day, and it shall be unlawful for any licensee to sell,
give, serve or permit to ~e served,intoxicating liquors, beer
or wines to P~rsons under tWenty-one years of ~offe, or to any
habitual drunkard or to any person who is intoxicated.
:3ECTIoE' 10. That all liquors, beer or wines contain-
ing more than 3,2 per cent of alcohol b~ weight shall be deemed
and held to be intozicating liquors, beer or ~;ines, and in any
prosecution for the Violat ion of any oz. the provisions of this
0ridnance, it shell not be necessary for ~he City to prove by
analysis oz' ~:ny kin~] the alcoholic content of ~ny liquor, wines
or beer~which may be licensed hereunder, or Zhe subject of the
violation el' the prOVisions hereo~', but it shall be only neces-
sary to Prove that such liquors, Wines or beers are into~icatinE
SECTION ll. That all places in the City of Sanford,
Florida, where the beverages mentioned in Section 1 hereof shall
be menu£~ctured, distributed or sold shell be conducted in en
orderly manner and not allowed to become a nuisance in any respmct,
and shall be kept in a clean and sanitary condition and subject
~-~ r Inspector of
to inspection at all reasonable hours by the oanita Y
said City ·
SECTION 12.
to have in his possession v~ithin ths
any beverage conteinin~ more than 1% of
which a Federal ~xcise Tax is required
'That it shall be unlawful for any person
City of Ssnford, Florida,
alcohol by weight, on
to be paid, unless such
Federal Excise TaW. has been paid es to such beverage.
sEcTION 13. It shall be unlawful for any person to
possess in zhe City ~f Sanford, Florida, amy beverage containing
more than 1% of alcohol by ~.~ei~ht as to the sale of ~hich hover-
age an excise stamp is required to be paid unless the immediate
container of such beverage shall have affixed to it the Florida
Excise Liquor Stamp required to be affixed thereto, provided,
that this section shall not apply to the m~mufacturers or dis-
tributors licensed hereunaer, and provided further that this sec-
tion shall not apply to persons possessing not in excess of one
~allon of such beverages, provided the beverage shall have been
~urchmsed by said possessor outside of the State of Florida in
~ccordance with the law of the place v;hare purchased, and shall h~ve
~aen brought into this state by said possessor; the burden of proof
hat such beverages wez~e purchased outside the state of Florida and
n accordance with the laws of the state where purchased, ahall
n alt cases be upon the possessor of such beverages.
SECTION 14. The possession by a licensee under this ordi-
anco in his place of business, of beverages containinb~ more than
of alcohol by wei~ht, not permitted to be sold by the licensee,
.ll he.prima fscie evidence thot such beverages are bein~ sold by
-7-
by the accept'
her ~-
suoh license · · ,=~nr~e r,
s~CTION 15. That licensees
ance of their licenses, agree that their plaCes of businesS,
during busineSS ho~rS, shall al~aYS be sub~ect to be insp~cted
and seardhed ~ithout search wsrrant by any pOlice officer or
officers of the City of sanford, TloridS.
sECTION 16. It shall be unlawful ~or ~nY licensee
hereunder to diSplaY en any sidewalk, ~ny tevers~eS M~hich he is ~e
licensed to sell.
s~TION 17. It shall be unlaV~ful for any llcen
hereunder to ha~k the beverages ~j~hich he is licensed to sell
hereunder or ~ advertize the ~l~ the~°f by bar, king or by
of so~d amplifierS'
s~TION 18. That the proVisionz of ~his ordinanCe
shall apply to the agents ~nd employees of ~enufacturerS, diS-
tributors or vendors as v~ell ~s principals, if such a8ants or
employees are found ~il~Y of violating ~n~ oi~ the proViSiOnS
hereof; tha~ the officers of a~ corporation ~-~hich sh~ll viOlate
~he proViSionS of this 0ridnance shall be sub~ect to punishmen~
hereunder, as well as t~e corporation itself; thst the
n~ber shall include the sin~lar and the singular number shall
include the plural; that the mssculine [~ender sh~ll include the
feminine and neuter and the ~°z~d ,,persOn" sh~ll include any in-
cot pot at ion~
dividual, co'partnership or
sECTION 19. That ~ny ~erson, Elrm or corporation
violating any of the proVisionS hereOf sh~ll be punished by
fine of no~ exceedin~ ~00.00 or by i~prlson~ent of not el'
ceedi~ ninety dayS, ~nd, e~ tb~ discretion of the 31ty
sion,-the license shall be revoked.
~ ' s~T%01t B0. That this ordinance is baaed upOn chaP'
f~cZS of 19Z5, as amended by Senate
",er 167~4, ~aws of F~orlda, ' all of the prOViSionS'
Bill No. ~%' approved June 5, 19~, and
~er~ and definitions thereof so far as aPplicable to ~uuniciPal
corpora~isns are hereb~ adopted as part of this oridnence'
s~TiON 21. ~et all ordinances eric parta of ordi-
nances in conflict herewith he end the same are hereby repealed'
s~TiON 22. That this ordinance sha~ become effeC-
tive i~edl~elY u~n its Pessage ~d adoption' 1957-
~assed end adopted this ~ day of ~'
~ttest:
-- _
Oommiss~on o~.~ ~e front
was ~'is the [ '~tt~ ~