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HomeMy WebLinkAbout003 - 04/14/1933 - LICENSING AND REGULATING THE MANUFACTURE AND SALE OF NON-INTOXICATING BEER WITHIN THE CITY LIMITS (E ORDINANCE NO 31 1933, BEING AN EMERGENCY ORDINANCE LICENSING AND RFGULATING THE MANU- FACTURE AND SALE OF NON-INTOXICATING BEER 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 It shall be unlawful to manufacture or sell within the City of Fort Collins any beer, the manufacture or sale of which is prohibited by the constitution or laws of the United States of America or by the constitution of the State of Colorado Subject to the provisions of this Ordinance, it shall be laHful to sell non-intoxicating malt liquor within the City of Fort Collins, the manufacture or sale of which is not prohibited by the con- stitution of the United States of America or by the constitution of the State of Colorado, but it shall be unlawful to sell or keep for sale within the City of Fort Collins any beer, no matter by what name it may be named or called, and no matter how small a percentage of alcohol it may contain, and no matter what other ingredients may be in it, if it is in fact intoxicating Section 2 DEFINITION OF TERMS (a) As used in this ordinance the term "PERSON" shall mean and include a natural person, persons, co-partnerships, cor- porations and associations of persons, and shall include the agent, manager or employee of any of the aforesaid (b) The word "RESTAURANT" 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 busi- ness 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 -1- 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 incorporated for not less than 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 PACKAGE" as used herein shall mean the bottle or sealed container in which the liquor is placed at the place of the manufacturer Section 3 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 hereinafter provided Such licenses shall be of two kinds, one where liquor sold may be consumed on the premises, known as A Class license, and the other where the liquor sold may not be consumed on the premises, known as B Class license 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 liquor in the original packages for removal and consumption off the premises only Section 4 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 -2- 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 appli- cant by the United States, and the date of the issuance of the license to applicant by the State of Colorado Said application shall also contain a statement that the applicant has not been convicted of a felony or adjudged guilty by a court of record of violating laws governing the prevention of gambling under the laws of the United States, or of violating the National Prohibition Act or any law of this or any other State, or any ordinance of the City of Fort Collins relating to the man- ufacture, transportation, gift, sale or possession of intoxicating liquors, and such other information as may be required by said City 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 contained is true of his own knowledge Section 5 All applications for licenses shall be accom- panied by a receipt from the City Clerk for the required annual li- cense fee All such fees shall be paid into the general fund of the City, and upon rejection of any application for license the amount so paid shall be refunded The annual fee for an A license shall be ONE HUNDRED TWENTY-FIVE DOLLARS (0125 00) , and the annual fee for a B license shall be EIGHTY DOLLARS ($80 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 hereinafter set forth Section 6 GRANTING OF LICENSES The City Council may cause an investigation to be made of all the facts set forth in the appli- cation, before passing upon such application After such investigation -3- the Cit3 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 licensed premises shall have the license therefor posted in a conspicuous place so that the same may be seen at all times and such persons as sell for consumption on the premises shall have the words "BEER SOLD HERE" painted or displayed on the front window (or main entrance) of such premises, in a conspicuous place and in block letters at least two inches in height Section 7 CONDITIONS OF LICENSES All licenses granted hereunder shall be granted subject to the following terms and con- ditions and to all other 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 be adopted, and to any rules or regulatiors prescribed by the City Council by ordinance or resolution now existing or which may hereafter be 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 and the United States of America No license shall be granted to any person who has been convicted of a felony or adjudged guilty by a court of record of violating the laws governing the prevention of gambling of the State of Colorado or under the laws of the United States, or of violating the National Prohibition Act or any law of this or any other State, or who has been convicted or adjudged guilty in Municipal Court of violating any ordinance of this City relating to the manufacture, transportation, gift, sale or possession of intoxicating liquors, nor shall any such person be permitted to assist in selling or dis- pensing liquor for any licensee No person licensed under the provisions of this ordi- -4- nance shall sell or deliver to any person any non-intoxicating malt liquor, except in said place of business so licensed No license shall be granted to any person who is not a citizen of the United States or a resident of the Cit3 of Fort Collins No sale or gift of any non-intoxicating malt liquor shall be made to any minor or habitual drunkard No license shall be granted to any manufacturer of malt liquors, nor to anyone interested therein, nor to any person using equipment or fixtures owned in whole or in part by any such manufacturer No licensee hereunder shall sell beer at retail ex- cept in the location specifically designated in the license, and it shall be unlawful to solicit sales in person at retail excepting at such place No licensee, or manager, agent or employee of any licensee, shall sell non-intoxicating malt liquor over any bar or behind any screen, blind or partition, nor serve or permit the same to be served or consumed at any bar or in any inclosed or screened booth Licenses shall not be transferable either as to place of business or as to person operating the same Section 8 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 DOL- LARS ($500 00) , which bond shall be conditioned upon the faithful observance by the licensee of all the terms and provisions of this ordinance In case of violation of this ordinance or any part here- of by the licensee, the City Council may declare the bond forfeited, in which event the bond shall be collected as other penal bonds, and such remedy shall be cumulative and in addition to any other remedy -5- by fine or otherwise that the City may have Section 9 REVOCATIONS Any license granted hereunder may be revoked for cause by the City Council without notice to the grantee, or after a hearing held by said City Council if by it deemed advisable Any violation of any provision or condition of this ordnance 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 thereof Section 10 Nothing in this ordinance shall apply to any dining car attached to a railway train, when properly licensed under the laws of Colorado Section 11 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 pub- lic for business Section 12 CLOSING HOURS No sales of any non-intoxi- eating malt liquor shall be made between the hours of midnight and 7 00 A Pd of any day, or on Sunday, or during the polling hours on any primary or general election day Section 13 CLUBS No club shall sell non-intoxicating malt liquor except to members and to guests in the company of club members Section 14 It shall be unlawful for any person to permit any beer to be sold or dispensed by any minor or to permit any minor to participate in the sale or dispensing thereof Section 15 Any licensee or other person who shall violate any of the provisions of this ordinance shall upon conviction thereof be fined in a sum not less than $100 00 nor more than $300 00, or he may be imprisoned in the city jail not to exceed ninety days, for each offense, and each twenty-four hour period in which such vio- lation is committed shall constitute a separate offense, and he -6- shall pay the costs of the proceeding, and all licenses thereto- fore issued to such licensee may thereupon be revoked Section 16 It shall be unlawful for any place of public resort not having a license under this ordinance to pernit any non- intoxicating malt liquor to be publicly served or consumed on its premises Section 17 It shall be unlawful for any person to serve or consume non-intoxicating malt liquor on any street, alley, avenue, or park within the jurisdiction of the City, or on City property, or on the premises of any place of public resort not licensed under this ordinance Section 18 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 Sections 6 and 7 of Article IV of the City Charter Introduced, read at length and adopted by the unanimous vote of all members of the City Council at a regular meeting held this 14th day of April, A D 1933 omm ssioner of Safety and Ex-Off Mayor ATTEST —City Clerk -7- STATE OF COLORADO ) ss COUNTY OF LARIMER ) I, A J ROSENOW, City Clerk of the City of Fort Collins, do hereby certify and declare that the foregoing Ordinance, con- sisting of eighteen ( 18) sections, was duly proposed and read at length at a regular meeting of the City Council 'field on the 14th day of April , 4 D 1933, and was duly adopted and ordered published in the Fort Collins Express-Courier, a daily newspaper and the official newspaper of the City of Fort Collins, by the unanimous 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 16th day of April, A D 19332 said Ordinance No 3 was duly published in the Fort Collins Express-Courier, a daily newspaper published in the City of Fort Collins, Colorado IN VITNESS NIHEREOF, I have hereunto set my hand and affixed the seal of said City, this 16th day of April, A D 1933 city Clerk -8-