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HomeMy WebLinkAbout018 - 07/16/1954 - LICENSING AND REGULATING THE MANUFACTURE AND SALE OF FERMENTED MALT BEVERAGES WITHIN THE CITY LIMITS � t ORDINANCE NO 18 , 1954 BEING AN EMERGENCY ORDINANCE LICENSING AND REGULATING THE MANUFACTURE AND SALE OF FERMENTED MALT BEVERAGES WITHIN THE CITY LIMITS OF THE CITY OF FORT COLLINS, COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 On and after the effective date of this Ordinance, it shall be lawful to manufacture and sell fermented malt beverages containing not more than 3.2% alcohol by weight, subject to the provisions contained in this Ordinance Section 2 DEFINITION OF TERMS. (a) As used in this Ordinance the term "PERSON" shall mean and include a natural person, persons, co-partnerships, corporations and associations of persons, and shall include the agent, manager or employee of any of the aforesaid (b) The word t1RESTAURANT" means an establishment provided with adequate space and accomodations where in consideration of payment meals are furnished and where the principal business is the preparation and serving of such meals, and where nothing is sold except meals, food, drinks and tobaccos, and where no other business is conducted in connection therewith, except that a hotel business may be conducted in connection with a restaurant (c) The term "HOTEL" as used in this Ordinance shall mean an establishment engaged in furnishing living quarters for transient persons, and having not less than fifty sleeping rooms and operating a dining room or restaurant in connection therewith (d) The word "CLUB" means a corporation which has been incor- porated for not less then five years and which has had a membership that has paid dues for a period of at least five years and which for five years has been the owner, lessee or occupant of an establishment operated solely for the objects of a national, social, fraternal, patriotic, political or athletic nature and not for pecuniary gain and the property as well as the advantages of which belong to all the members (e) "ORIGINAL PACKAGE11 as used herein shall mean the bottle or sealed container in which the fermented malt beverage is placed at the place of the manufacturer (f) The term "FERMENTED MALT BEVERAGES" as used in this Ordinance shall be construed to mean any beverages obtained by the fermentation of any infusion or decoction of Barley, malt, hops or any solar product or any com- bination thereof in water containing not more than 3 2% alcohol by weight. Section 3 (a) The fermented malt beverages as defined in this Ordinance shall be manufactured, imported and sold only by the persons and parties licensed as in this Ordinance provided Provided, however, that such beverages shall not be sold to any person under the age of eighteen years and shall not be sold to any person between the hours of 12 00 o'clock midnight and 6 00 o'clock A M or on Sunday or on the day of any General Election or Special Election or Municipal Election until after the polls have closed on said election days, or on Thanksgiving day, or on the 25th day of December, commonly called Christmas Day Further, no person shall sell, serve, give away, dispose of, exchange or deliver, or permit the sale, serving, giving or procuring of any fermented malt beverages, as defined by Section 2 (f) to or for any person under the age of eighteen years, or to a visibly intoxicated person, or to a known habitual drunkard (b) No person under eighteen years of age shall obtain, or attempt to obtain, fermented malt beverages by misrepresentation of age, or by any other method in any place where fermented malt beverages are sold. (c) It shall be unlawful for any person to serve or consume fermented malt beverage on any street, alley, avenue, or park within the jurisdiction of the City, including the Fort Collins Waterworks Park, or on the premises of any place of public resort not licensed under this Ordinance. - 2 - (d) No parent or guardian shall knowingly or under conditions which an average parent or guardian should have knowledge of, suffer or permit any person under eighteen years of age of whom he or she may be parent or guardian, to violate the provisions of subsections (a), (b), or (c) of this section Section 4. Every licensee of a place where fermented malt beverages are sold shall display at all times in a prominent place a printed card with a minimum height of fourteen (14) inches, and width of eleven (11) inches with each letter to be of a minimum of one--1^alf (1) inch in height which shall read as follows WARNING IT IS ILLEGAL TO SELL 3 2 BEER TO ANY PERSON UNDER EIGHTEEN (18) YEARS OF AGE, OR FOR ANY PERSON UNDER EIGHTEEN (18) YEARS OF AGE TO POSSESS OR TO ATTEMPT TO PURCHASE THE SAME IT IS ILLEGAL IF YOU ARE OVER EIGHTEEN (18) YEARS OF AGE FOR YOU TO PURCHASE 3.2 BEER FOR A PERSON UNDER EIGHTEEN (18) YEARS OF AGE FINES AND IMPRISONMENT MAY BE IMPOSED BY THE COURTS FOR VIOLATION OF THESE PROVISIONS Any retailer licensed under this Ordinance must place a sign, in letters not smaller than ten (10) inches each, on the outside of each establish- ment containing the following words, "ONLY 3 2% BEER SOLD HERE " No licensee hereunder shall sell fermented malt beverages at retail except in the location specifically designated in the license, and it shall be unlawful to solicit sales in person at retail except at such place Section 5 LICENSE REQUIRED No person shall sell, keep or offer for sale any non-intoxicating malt liquor within the City of Fort Collins without first having received a license therefor from the City of Fort Collins as herein- after provided Such licenses shall be of two kinds, one where fermented malt beverage sold may be consumed on the premises, known as A Class license, and the other where the fermented malt beverage sold may not be consumed on the premises, known as B Class license - 3 - A Class licenses shall be granted only to restaurants, dining rooms, hotels or clubs, as such places are herein defined, B Class licenses shall be granted to permit the sale at retail and wholesale of such fermented malt beverage in the original packages for removal and consumption off the premises only Section b APPLICATIONS FOR LICENSES All applications for licenses to sell non—intoxicating malt liquor shall be made on forms to be supplied by the City, setting forth the name, age and residence of the applicant, his citizenship, and how long he has been a resident of the City of Fort Collins The place for which a license is desired, and the name of the owner of the premises The business in connection with which the proposed licensee will operate, applicant's ownership of or interest in said business, by whom it will be managed, the date of the issuance of the license to applicant by the United States, and the date of the issuance of the license to applicant by the State of Colorado Licensee shall be a citizen of the United States and a resident of the City of Fort Collins, Colorado, and if a corporation must be incorporated under the laws of the State of Colorado or duly qualified to do business in the State of Colorado Licensee shall be of good character and reputation and shall never have been convicted of a felony or crime in any Court of the United States or any court of record of any state or territory in the United States, and if the licensee is an association, organization or corporation, then the officers , directors and the stockholders and members of such association, organization or corporation owning more than 10% interest therein shall be of good character and reputation and shall have never been so convicted Each application must be verified by the affidavit of the applicant, made before a notary public or other person duly authorized by law to administer oaths, and the applicant shall swear that each and every statement therein con— tained is true of his own knowledge - 4 Section 7 All applications for licenses shall be accompanied by a deposit with the City Clerk for the required annual license fee, and upon the rejection of any application for license, the amount so paid shall be re— funded. The annual fee for an A license shall be $25 00 and the annual fee for a B license shall be $25 00, provided that if the applicant desires both a Class A license and a Class B license, that the annual fee for said licenses issued jointly shall be $25.00 All licenses shall be good for a period of one year from and after the issuance thereof, unless the same shall be revoked as herein— after set forth. Section 8 GRANTING OF LICENSES The City Council may cause an investi— gation to be made of all the facts set forth in application, before passing upon such application After such investigation the City Council shall grant or refuse any such application in its sound discretion, but shall not act arbitrarily but only upon good cause shown No license shall be granted to any person under twenty—one years of age. All licenses granted and issued under the provisions of this Ordinance shall specify the date of issuance, the character and kind of license, the date of its expiration, the name of the licensee and the place where the license is to be exercised Section 9 CONDITIONS OF LICENSES All licenses granted hereunder shall be granted subject to the terms and conditions of this Ordinance and to all other Ordinances of the ,, said City of Fort Collins applicable thereto now existing or that may hereafter €a adopted No license shall be granted to any applicant unless such applicant has existing licenses as provided by the laws of the State of Colorado Section 10 BONDS No license shall be issued except upon the applicant filing with the City Clerk a surety bond, with sureties approved by the City Council., in the penal sum of FIVE HUNDRED DOLLARS ($500 00), which bond shall be conditioned - 5 - i upon the faithful observance by the licensee of all the terms and provisions of this Ordinance and the payment of any fine and costs imposed thereunder. Section 11 REVOCATIONS Any license granted hereunder may be suspended immediately for cause by the City Council upon notice to the licensee, and may be revoked after a hearing held by said City Council on notice to the licensee and opportunity to be heard Any violation of any provision or con— dition of this Ordinance or of any applicable statutes and/or regulations or any falsification of any statement in the application shall be ground for revocation No portion of the license fee paid to said City shall be returned upon the revocation or suspension of any license Section 12 Nothing in this Ordinance shall apply to any dining car attached to a railway train, when properly licensed under the laws of Colorado Section 13 All premises where any license hereunder is granted shall be open to inspection by any police or health officer at any time during which the place so licensed is open to the public for business. Section 14 CLUBS No club shall sell fermented malt beverage except to members and to guests in the company of club members 0 Section 15 It shall be unlawful for any manufacturer, wholesaler and/or any person or persons, partnership, association, organization or corporation interested financially in or with any of the above described licenses to be interested financially, directly or indirectly, in the business of any retail licensee licensed under the provisions of this Ordinance, or for any retail licensee hereunder to be interested financially, directly or indirectly, in the business of any manufacturer, wholesaler, or any person or persons, partnership, association, organization, or corporation interested in or with any of the said manufacturers or wholesalers licensed hereunder It shall be unlawful for any of the persons or parties hereinabove described and referred to in the first paragraph of this section to furnish, supply or loan, in any manner, directly or indirectly, to any retail licensee licensed under the provisions of the Ordinance, any financial assistance, or any equipment, fixtures, chattels, or furnishings used in the storing, handling, serving or dispensing of food or fermented malt beverages within the premises, - 6 -. 1 or for making any structural alterations or improvements in or on the building on which such premises are located, provided that this section shall not apply to exterior signs or displays within such premises It shall be unlawful for any retail licensee licensed under the pro— visions of this Ordinance to receive and obtain from the persons or parties described and referred to in the first paragraph of this section, directly or indirectly, any financial assistance, or any equipment, chattels, or furnishings used in the storing, handling, serving, or dispensing of food or fermented malt beverages within the premises, or from asking for any structural alterations or improvements in or on the building on which such premises are located, provided that this section shall not apply to exterior signs or displays within such premises, or to advertising materials which are intended primarily to advertise the product of the wholesaler or manufacturer and which have only negligible value in themselves, or to the inspection and servicing of malt beverage dispensing equipment to the extent necessary for the maintenance of reasonable standards of purity, cleanliness, and health It shall be unlawful for any person or corporation holding any license under the provisions of this Ordinance, or any person who is a stockholder of any corporation holding a license under the provisions of this Ordinance, to be a stockholder, or to be interested, directly or indirectly, in any banking, loaning, or financing company, or any company of any kind whatsoever which company shall make or own, or be interested, directly or indirectly, in any loan to any licensee., under the provisions of this Ordinance, or for any person or corporation licensed under the provisions of this Ordinance, to make any loan, or to be interested, directly or indirectly, in any loan to any other licensee, under the provisions of i this Ordinance, It shall be unlawful for any owner, part owner, shareholder, stockholder, or person interested, directly or indirectly, in any retail business or establish— ment of a retail licensee licensed under the provisions of this Ordinance to enter into any agreement with any person or persons and/or parties, to receive, possess or accept any money, fixtures, supplies, or things of value from any person or - 7 - persons and/or party or parties, whomsoever, or whatsoever, whereby a retail licensee licensed under this Ordinance may be influenced or caused directly or indirectly to buy, sell, dispense or handle the product of any manufacturer of fermented malt beverages, as defined in this Ordinance, provided that this section shall not apply to displays within such premises. The purpose and intent of the provisions of this section is to prohibit and prevent the control of the retail outlets for the sale of fermented malt beverages defined in this Ordinance by any person or persons and/or parties other than the retail licensee licensed under the provisions of this Ordinance It shall be unlawful for any person licensed under the provisions of this Ordinance to permit any fermented malt beverages to be sold or dispensed by any person under the age of 18 years or to permit any such persons to participate in the sale or dispensing thereof Section 16 It shall be unlawful for any licensee licensed under the provisions of this Ordinance to give away fermented malt beverages defined under this Ordinance for the purpose of influencing the sale of any particular kind, make or brand of any malt beverage and to furnish or supply any commodity or article at less than its market price for said purpose, except advertising material and signs Section 17 It shall be unlawful for any manufacturer or wholesaler to sell, deliver, or cause to be delivered to any retail licensee licensed hereunder any beverage containing alcohol in excess of 3 2% by weight, or for any retailer licensed hereunder to sell, possess or permit the consumption on the premises licensed hereunder any of the said beverages containing alcohol in excess of 3 2% by weight, or for any retail licensee hereunder to hold or operate under any license for the sale of any beverages containing alcohol in excess of 3.2% by weight for the same premises licensed hereunder, any violation by any licensee hereunder of the provision of this section shall immediately cause the forfeiture of the bond herein provided and the cancellation of the license granted hereunder — 8 — Section 16 It shall be unlawful for any place of public resort not having a license under this Ordinance to permit any fermented malt beverage to be publicly served or consumed on its premises Section 19 No licensee, or manager, agent or employee of any licensee, shall serve fermented malt beverages except in the portions of its licensed premises which are open to the public of both sexes and readily accessable for inspection at all tunes by police officers, and no such beverage shall be served in any screened, curtained or enclosed booth, nor in any public pool hall or billiard room Section 20 It shall be the duty of all police officers to enforce the provisions of this Ordinance and the rules and regulations made thereunder, and to arrest and complain against any person violating any of the provisions of this Ordinance or rules and regulations pertaining thereto It shall be the duty of the City Attorney to prosecute all violations of this Ordinance in the manner and form as is now provided by law for the prosecution of violations of Ordinances and it shall be a violation of this Ordinance for any such person or persons, knowingly, to fail to perform any of his duties under this section Section 21 Any person or persons and parties found guilty of violating any of the provisions of this Ordinance or any amendments or additions thereto shall be punished by a fine of not more than $300 00 for each offense, or may w be punished by confinement in the City ,jail for a term of not more than 90 days, and upon such conviction any license granted and issued under the provisions of this Ordinance to such person so convicted may be revoked and no such license shall thereafter be granted or issued to said person or party so convicted and all bonds executed under the provisions of this Ordinance shall be forfeited on said conviction of said person or party It shall be the duty of the City Attorney to prosecute all violations of this Ordinance and every police or peace officer shall make complaint of any violation of or offense under this Ordinance coming to his knowledge Section 22 Ordinance No 3, 1933, Ordinance No 4, 1937, Ordinance No 4, 1942, Ordinance No 3, 1945, and all other former Ordinances pertaining - 9 - to the licensing and regulating of the manufacture and sale of fermented malt beverages are hereby repealed, and all ordinances or parts of ordinances in con- flict with or inconsistent with this Ordinance are hereby repealed, except that this repeal shall not effect or prevent the prosecution or punishment of any person for any act done or committed in violation of any Ordinance hereby repealed prior to the taking effect of this Ordinance Section 23. SEPARABILITY If any part of this Ordinance or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity u of the remainder of such Ordinance or the application thereof to other persons and circumstances Section 24 In the opinion of the City Council an emergency exists for the preservation of the public health, peace and safety, and this Ordinance shall take effect upon its passage, under and by virtue of the authority contained in Section 6 and 7 of Article IV of the City Charter Introduced, read at length and adopted by the unanimious vote of all members of the City Council, at a regular meeting held this 16 thday of July , 1954 Commissioner of Safety be-0£fi o Mayor ATTEST City Clerk - 10 - STATE OF COLORADO ) ) ss COUNTY OF LARIMr� ) I, MILES F HOUSE, City Clerk of the City of Fort Collins, do hereby certify and declare that the aforesaid Ordinance, consisting of twenty—four sections, was duly proposed and read at length at a regular meeting of the City Council, held on the 16th day of July, A D 1954, and was duly adopted and ordered published in the Fort Collins Coloradoan, a daily newspaper and official newspaper of the City of Fort Collins, by the unan-imous vote of all members of the City Council, as an Emergency Ordinance, in accordance with the provisions of Sections 6 and 7 of Article IV of the City Charter, and thereafter and on, to—wit the 20 th day of July, A D 1954, said Ordinance No. 18 was duly published in the City of Fort Collins, Colorado IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City, this 20th day of July, A D 1954. Ci"k Clerk — 11 —