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HomeMy WebLinkAboutOrd1955-255 r ORDINANCE NO. 255. AN ORDINANCE REGULATING THE SALE OF INTOXICATING LIQUOR AND PROVIDING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE. BE IT ORDAINED BY THE COUNCIL of the City of Seward, Alaska: ARTICLE 1. Intoxicating Liquor Establishments. i Section 1. No person shall violate any law of the Territory lof Alaska, nor any rule or regulation adopted by any duly aurhorized agency of the Territory of Alaska pertaining to intoxicating liquor; the definitions of intoxicating liquor, beer, wine, spirits, types of licenses, etc., when used in this section shall be defined as in the laws of the II Territory of Alaska pertaining to intoxicating liquor. Ii Section 2. I -- (a) No intoxicating liquor shall be consumed on the public streets, parks, or in any other public places, including any store or establishment doing business with the public not licensed to sell intox- icating liquor for consumption on the premises; nor shall anyone who owns, operates or controls any such public establishment or store per- I mit the consumption of intoxicating liquor therein. I II (b) Any exception to the provisions of the foregoing para- I' graph (a) shall first be approved and authority therefor granted by the , Mayor and the Chief of Police. II Section 3. No application for license to sell intoxicating liquora shall be approved; IIII (a) From a person who prima facie fails to meet the require-I . ments of territoriallawlil as to the issuance of territorial liquor license1. (b) From any person owing any personal taxes to the ...ci:!..LQL i who makea.llile of, or conte~pl~tes using, any perso~LPJ:QPerty upon W~iCh is owing any personal property taxes. I I I (c) From any person owing any delinquent utility bills to the i City or for any location that is impressed with a lien for utility bills. i '[' (d) E~cept upon c~tifi?a.hon of the Police Chief, Fire Chief Ila~f.f~. '-- C -i I, il I, (e) From a person unable to read and write or who is unable I to demonstrate knowledge of City or Territorial liquor laws and a demonstratelLwillin to com 1 with said laws. ~--------- "1. (!) From a person not of good moral character or repute, or! from a person who has been convicted of a felony within ten (10) years of date of application for a license, except those who held a Territorial: liquor license at the time of the passage of this Article. I (g) From a corporation when any stockholder owning more I 1'1 than twenty-five percent (25%) of its outstanding shares of voting stock f~ils .! to meet any of the requirements of this Article. . ! I; - 1 - ~ 1 I Section 4. No person, by himself or another, shall sell, furnish, give or deliver any intoxicating liquor to any person: (a) Who is intoxicated. (b) Who is a minor and is under the age of 21 years. e. (b) Who is, to the knowledge of said person, an habitual drunkard, or habitual user of drugs. (d) To any parent, guardian or other person charged with the i custody of a minor who brings said minor into a licensed liquor estab- I lishment other than a retail store, unless such establishment regularly I serves meals. (e) The burden shall at all times be upon the licensee and his I employees to determine the age and sobriety of any patron. I Section 5. No licensee or employee of a liquor establishment shall permit on the licensed premises: \.d /;"'" (a) Any disorderly conduct, or action which disturbs the peac and good order of the neighborhood: (b) Any resort~ of known thieves, prostitutes or other disorderly persons. (c) Any violation of any Territorial or City Law. (d) Any lewd, obscene or immoral exhibition of entertainmen or othe r conduct likely to corruJt the public morals. (e) Any lewd, obscene or profane language, immoral exhib- ition or other conduct likely to corrupt the public morals. (f) Any drinking, or drinks in the possession of patrons, afte closing hours. (g) The presence of one who is a minor and is under the age of 21 years unless in a retail store or in an establishment regularly serving meals and when accompanied by his parent, guardian or other person charged with his custody. ARTICLE 2. Applications for Permits for New Locations. Section 1. (a) Every applicant for a permit covering a location not licensed at the time of the application for the purpose of selling intox- icating liquors, shall, in addition to the other requirements of this article, immediately after making application for a license post a conspicuous notice on the door of the premises sought to be licensed, stating that application for a license has been made to the City, dis- closing the name of the applicant or applicants and the type of license sought. 1: 1\ - 2 - r '1-.. ~, ~' " , ' \" \ . ~ -., -.. "'. )-. ~ \ . " .j. ~ '. "f \ ".,,<~}~~ 7 ~;'> (b) A date shall be set for hearing, and notice of such application and date of hearing' shall be published in a newspaper of general circulation in the City of Seward, or such notice shall be posted in three public places within the City of Seward for a period of five days prior to the date of said hearing, after the premises sought to be licensed have been posted for fifteen days. ARTICLE 3. Closing Hours for Licensed Premises. Section 1. No person shall sell, furnish, give or deliver any, intoxicating liquor between the hours of one o'clock A. lVI. and six o'clock A. M. except the following: (a) Licensed clubs shall observe a closed period from four o'clock A. M. to six o'clock A. M. (b) Licensed cabarets shall observe a closed period from two o'clock A. M. to six o'clock A. M., upon obtaining a permit to be is~ued on the approval of the Mayor or City Manager, and Chief of Police and ' the payment of a permit fee in the amount of $500. 00 per calendar year,i provided, however, that the permit fee shall be in the amount of $3GO. O~ if the permit is obtained after July 1 of any calendar year. ' (c) A cabaret is defined as any liquor establishment having live entertainment not less than three nights per week and having obtained a permit to operate as a cabaret. ' " '~ \ ---'-- Sect~on a... ~o perso~-seIi,fu;nish, give or ~~~~~:-; any 1\ intoxicating liquor e~~.ept-....rrra retail StOF-6 after.th~L!:~gular closing i -^..~-~ I hours following.the regular Saturday night closing hour unhrone o'clock! P ..J)A-.On Sunday. ! ~. Section~. No licensed liquor establishment shall be allowed an extension of closing hours without obtaining a permit therefor, designated as "party or banquet permit". Section 4. Party or banquet permits may be issued upon approval by the Mayor or City Manager and Chief of Police for special events of interest to the public or participants, but consistent with good public morals, conduct, safety and good order of the neighborhood. , A permit fee may be charged upon approval of the City Council. I of Being Minors. Section 1. Any licensee or his employee who suspects a patr n to be a minor and under the age of 21 years may require, and it shall be the duty of said patron to furnish, a signed written statement on fornts furnished by the Territorial Tax Commission, specifying his date of I birth and age. A duplicate copy of said wigned written statement shall II be delivered to the Chief of Police within one week after its execution, and no intoxicating liquor shall be served a person who refuses to sign I such statement. I I I - 3 - I I I , I i ~ !; I: 'I' Section 2. Every person who falsifies said statement shall be deemed guilty of a violation of this ordinance. ARTICLE 5. Miscellaneous General Provisions. Section 1. The licensee and his employees are expressly permitted to evictany person suspected of being a minor under the age of 21 years, or intoxicated, or known habitual drunkard, or a known user Ilof drugs, and failure of such person to leave after oral request shall ! be unlawful and shall be deemed a violation of this ordinance on the part, of said person.. I i I I Section 2. All licensees shall cause to remain displayed upon I their establishments a conspicuous sign in a prominent place visible from outside such establishment, which sign shall in substance state, "No minors under the age of 21 years permitted. Any such minor will , be prosecuted to the full extent of the law"; excepting that retail stores I and licensed establishments regularly serving meals may modify the I said sign in accordance with other provisions of this ordinance. ! I Section 3. All licensees shall cause to remain displayed upon I their estabhshments a conspicuous sign in a prominent place visible frot inside such establishment, which sign shall in substance state, "No lewd obscene or profane language will be tolerated in this establishment, under the provisions of CITY ORDINANCE NO. 255". I Section 4. All licensed liquor establishments except clubs or j licensed cabarets shall cause and keep windows or doors clear for visibility of the interior from the front or main entrance of the establish ments. Section 5. Lighting within licensed liquor establishments shall be such as to allow a clear view of all activities within the interior of such establishments, by the licensee or his employees. Section 6. No licensee or employee of a licensed liquor establishment shall extend credit in any form to any person for the pur- chase of intoxicating liquors, incijding beer and wine. ARTICLE 6. No license issued under the terms of this Article shall be transferred without the prior approval of the Council. R TICLE 7. Mayor, with Council approval, Makes Rules and Regulatio I I I I I RTICLE 8. Violations. i , Section 1. Every person convicted of violation of any provisioJ r'thiS ordinance, or mle or regnlalion adopted or iaaued iu purauance 'f l I Ii - 4 - I .I I II I II ! Section 1. The Mayor is hereby empowered, subject to approv I by the Council, tomake such rules and regulations pertaining to intox- icating liquor establishments as are consistent with the laws of the erritory of Alaska, and as are necessary to protect the public health, safety and morals and no person shall fail to comply with any such regulations. r 1 thereof, shall be punished by a fine of not more than $300.00, or by im- .f prisonment for not more than 30 days, or by both such fine and imprison ment. Each act of violation and every day on which a ny such violation shall occur shall constitute a separate offense. : Section 2. In addition to said penalty, the City Magistrate maYf for a first conviction, suspend the license of the violator for a period of I not less than five nor more than twenty days, and for each subsequent I violation, the City Magistrate shall suspend the license of the violator I for not less than twenty no r more than thirty days. ! Section 3. No person whose livense has been suspended shall sell intoxicating liquor during the period of such suspension. ! I Q.. , .yassed and apprnved by the Common Council this ~ day of I ~ ' 1955. I I I I c;:;Lr;;~.L I May r Attest: L~~~ Muni al Clerk.