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O-35-22 ~ - , i '(-: 1'. ./,- j _. :".; f'\j. :.' ':{:'_'~~- ORDINANCE NO 22 - ~.,a.··- -/. AN ORDINANCE REGULATING AND LICENSING THE MANUFACTURE, DISTRIBUTION AND SALE OF BEVERAGES OO.~AININO:",l1IaREI-JTRAN~,ONE PER CENTIDn: OF P..LCOLHOL BY VŒIGHT; PROVIDING PENALTIES FOR THE VIOLATION OF THIS ADT, AND REPEALING ALL ORDINANCES IN CONFLICT HEREV'lE TH . BE IT ORDAINED BY THE CITY cmmCIL OF THE CITY OF CLERMONT: Section 1. That from and after the passage of t his Ordinance it shall be unlawful for any person to engage in the business of manufacturing, distributing or selling any alcoholic beverages which contain more than one per centum of alcohol by weight un- less the vendor, distributor or manufacturer shall hàve first obtained a license so to do from the City Clerk of the City of Clermont. Section 2. The fees for such licenses shall be as follows: (a) Vendors openating places of business where nothing is sold except beverages containing less than 14% alcohol by weight, and wines regardless of alcoholic content----~7.50 (b) Vendors operating places of business where spiri- tous liquors are sold in sealed containers, for consumption off the premises-------------------~------------------$ll2.50 Provided, vendors obtaining a license under sub-section (b) shall have the privelege of selling the beverages des- cribed in sub-section (a) without any additional license. (c) Chartered or incorporated clubs qualifying for the sale of intoxicating beverages under the provisions of sub- section X of Section 5 of the law passed by the Legislature of Florida at its 1935 sess10n known as House Bill No. 496 shall pay a ~icenae fee of------------------------------------~~62.50 e Provided, however, no such club shall dispose of any liquors in any other manner save as is provided in said sub- section X of Section 5 of said House Bill 496. ·(d) Distributors selling beverages containing not more than 14% alcohol by weight, and wines regardless of alcoholic content, shall pay a license feè of-~-~~-~-~-~~~-~~~---$lOO.OO (e) All other distributors licensed to do business by the laws of t he Stat e of Florida shall pay a license :ree of ~_~~___~~~__~M_._M__~_~~___~____~_~W__~_~~_~~_~~___~~$625.00 (f) Manufacturers, if engaged in the manufacture of ~ wines and nothing else, shall pay a license fee or----~$25.00 (g) Mal ufacturers, if engaged in the manufacture of wines and cordials and nothing else----------------------~---$50.00 F7.·. r--. " (h) Marn.ú'acturers, if engaged in the brewing of malt.l liquors and nothing else------------------------------$375.00 (,i) Manufàcturers if engaged in the business of distil- ling spiritous liquors, or rectifying and/or blending s~e~ or all of such businesses--~-----------------------------$375.00 Section 3. All of the regulations provided by the Act of the Legislature at its 1933 session knovm as House Bill No. 496 as to the handling and sale of beverages containing more than one per centum of alcohol by weight are hereby adopted as part of this Ordinance, and in addition thereto the following regulations are provided:. (a) No alcoholic beverage, except beverages containing less than 14% alcohol by weight and wines regardless of al- coholic content shall be sold except in sealed cont!iners, for consumption off the premises. (b) No vendor shall per.rait the consumption of the class of alcoholic beverages prohibited from consumption on the prem- ises in'sub-section (a) above, by any person; and in addition to the penalty hereinafter provided, any vendor who permits the cpnsumption of such beverages on the premises where sold shall have his license revoked. (c) No beverages containing more than 14% alcohol by weight, except wines, shall be sold between the hours of mid- night on Saturday nights and midnight on Sunday nights; nor shall such beverages be sold to minors at any time. Section 4. No license shall be granted any person to act as -e vendor until such person presents a request for such license to the City Clerk, which license shall designate the specific 20cation of the proposed place of business, the name of the applicant for license, the nSDle of the owner of the building in which the business is proposed to be carried on, the names of the other occupants of the building, if any, and the nature of the business such other occupants are engaged in. Such application must also be accompanied by tþe written consent ') ,0 r rG of the owner of the propertyo Such application shall be held by the Clerk until the next regular or special meeting of the City Council and present~ ed to the Council for considerationo The Council may delay the issuance of the license for not mare than thirty days~ if it be necessary to verify the facts set forth in the applicationp orD if in the judgment of the Council the applicant is entitled \" to the license~ the lerk may be instructed to issue the license upon receipt of the feea The Council may~ if after full invest- igation they find the applicant not entitled to a license, reject an applic~tiono Section 50 The license year shall begin on October lst and end on September 30th following~ after April 1st of any yearD a license may be issued for the remainder of the license ye~ for one=halZ the annual ratea No licenses to sell beverages containing mare than 14% alcohol by weighto except wines~ shall be issued prior to October lsto 19350 The holder of any license heretofore issued shall apply for a new license on October lst~ 1935D and if there be any unexpired period on the old license~ such holder shall be entitled to credit on the neu license for the unused portion of the old one9 but auch 1.mused portion must be figured at the rates provided in this Ordinance 0 Section 60 Penalties 0 Any person convicted in the MayorVs pourt of the violation of any of the provisions of this Grdinance shall be punished as followsg (a) If such conviction be for engaging in the business of manufacturing~ distributing or selline any of the beverages described in this Ordinance, without having first obtained the necessary licm se, such offender shall be fined not less than the amount of the license fee, nor more than double the ~lOunt of the license fee~ in addition to which all costs of the arrest~ t~ial and commitmentD if any~ shall likewise be assessed agâ1nst the offender~ o~ in lieu of such fine be punished by imprison= ment for not less than ten days nor more than thirty days» at tbß discretion of the Mayoro 10 <J (b) If such conviction be for the violation of any of the regulations provided in sub=sections (a)>> (b)~ or (c)~ of Section 3 of this Ordinance» then such offender shall be punished by a fine of not less than $25000 nor more than $100000 or by imprisonment for not less then ten days nor more than thirty daysD or by both such fine and împrisonment~ at the discretion of tho Ma.yor 0 '" J ) \ rO () Section 70 All ordinance and parts of ordinances in con= flict herewith are hereby repealedp but such repeal shall be l:lmæted to such ordinances and parts of ordinances as are in conflict herewithD and no part of any ordinance which is not in conflict with this Ordinance is repealedo Section 80 This ordinance shall be effective upon its passage and approval by t he Mayor 0 ~~d~~~~~~~O~~~O~~~~_~~~~~~~~~~~~~Ø~Q~~~~~~d~~œ~~o~c~ Passed by the Council at its reg~ar meeting held on ~~ _~ ,D 19350 "'" ~~ ; ~{..~ ~~:~~~., ~_ >~~ - A'ft'ð~t-&~ . ~~-~~. '¿~, :~: :E¿;;; ~ß JY~ ~4 ~~ ~. ¡. ~- ~..' ~ ~ ~ . "g::P ::'~' :' ~. ~~~~~~~~~~~~~~~~Q~~~~~~~~~~~_~~~o~~~~~~___~~~~~_=~~ ~-:.> ....,/to.,-. ~P _~ ~ d.;'? . ~,,- i!i~ ~ F-.' ~:!----r. !.~t'....~~ w'" ~t ~", . - - Beceived and approved by mep thi~ ~ _D 1935~ f/ ç-d day of SLJ/.~ Mayor -..;..;;;