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HomeMy WebLinkAboutOrd1953-227 r 1 ~ / 'Jb~ /' ( 11;) :~~ OO::;';~C_'J. AN ORDINANCE REGUlATING TIE SlL E OF INTOXICi;'TnG LIQUOR AND PROVIDING PENALTIES FOR THE VIOL!'"TII)N OF THE PROVI3IONS OF THIS ORDINANCE. 2 3 BE IT ORDAINED BY THE mUNCIL of the City of Seward, ll..laska: 4 ARTICLE 1. Intoxicating Liquor Establishments. 5 Section 1. No person shall v~olate any law of the Territory of Alaska, nor any 6 rule or egulatiGns adopted lw any duly auU.orized agency of the Terri tory of hlaska pertaining to intoxicating liy~vr; the definitions of intoxicating liquor, beerr wine, 7 spirits, types of licenses, etc., when ueed in this section shall be defined as in the laws of the Territory of ~laska pertaining to intoxicating liquor. 8 Section 2. No intoxicating liquor shall be consumed on the public streets, parks 9 (except beer only), or in any other public places, indluding any store or establish- ment doing business with the public not licensed to sell intoxicating liquor for con- 10 sumption on the premises; nor shall anyone 'iho owns, operates or controls any such public establishment or store permit the consumption of intoxicating liquor therein. 11 Section 3. No application for license to sell alcoholic liquors shall l::e approved: 12 13 (a) From a person who prima facie fails to ~0et the requirements of territorial laws as to the issuance of territorial liquor licenses. 15 (b) From any person owing any personal taxes to the City or who makes use of, or contemplates using, any personal property upon which is owing any peroonal property taxes. 14 16 (c) l.rom. any person owing any delinquent utility bills to the City or for any location that is impressed with a lien for utility bills. .1 17 (d) Except upon certific,ltion of the Police Chief, Fire Chief and Health Officer. , 18 19 (e) From a person una1-,le to read and write or who is unable to demonstrate knowledge of City and Territorial ,liquor laws and a demonstrated willingness to comply with said laws. 20 23 (f) Fram a person not of good moral character or repute, or fror.l a person who has been convicted of a felony within ten (10) years of date of app1i,~tion for a license, except those Who held a Territorial liquor license at the time of the passage of this Article. (g) From a corpor~tion when any stockholder owning more than twenty five percent (25%) ~f its outstanding slares of voting stock f~ils to meet any of the requirements of this Artic1eo 21 22 24 25 Sectbn 4. No person, by himself or another, shall sell,fumish, give or deliver any alcoholic liquor to any person: 26 (a) vnrro is intoxicated. 27 (b) Who is a minor and is under the age of 21 years. 28 (c ) ~fuo is a habitual drunkard or habitual USEr of drugs. 29 30 (d) To any parent, guardian or other person charged with the custody of a minor who brings said minor into a licensed establishment other than a retail st~re, unless such establishment regularly serves meals. 31 32 The hurden shall at all times be upon the licensee and his employees to determine the age and sobriety of any patron. Page "" -1- w / 1 Section 5. Mo licensee shall permit on the licensed pr~mises: 2 (a) Any disorderly conduct, or action '."hich disturbs the. peace and. ';;rood order of the neighborhood. 3 4 (c) [..ny resorting of theives, prostitutes or other disorderly per~on5. (d) Any violation of any Territoriel or City Law. (e) Any lewd, obscene or immoral "':.u'libi tion of entertc.ilUuent or other conduct likely to corrupt the public morals. 5 6 7 (f) Any drinking, or drinks in the possession of petrons, after closing hours. 8 (g) The presence of one who is a mi nor and is under the age of 21 years unless in a retail store or in an establishment regularly se:cv'ing met-IE and when accompanied by his parent, ~ltctl-' Han or other person charged w ith his custody. 9 10 ARTICLE 2. Applications for Pennits for New Locationl!l. 11 Section 1. Every applicant for a per-mit covering a locdion not licensed at the time of the application for the purpose or selling intoxicating liquors ~hall, in addition to the other reqtirements of this article, imraediately after making apDlication for a license post a conspicuous notice on the door of the premises sought to be licensed stating that awliciltion for a license has been made to the City, disclosing the name of the applicant or appli omts dnd the type of license sought; notice shall be published in a newspaper of such applicc.tion after the premises sought to 1:;e licensed have been poSed for fifteen (15) clays and the date shall De set for hearing. 12 13 14 15 16 I~TI:LE 3. Closing Hours for Licensed }remises. 17 Section 1. No person shall sell, furnish, give or deliver any intoxicating liquor' between the h,)urs of one o'clock A.M. and. six"066100}:;'-A.M. 18 r.RTICLE 4. Signed i'fritten Statement Required of Persons Suspected of Being Minors. 19 Section 1. Any licensee or his employee who suspects a pntron to be a minor and under the arre of 21 years may require, and it s.~all be the duty of said patron to furnish a signed written stetanont on forms furnished by the City, specifying his date of birth and age. A duplicate copy of said signed written stQtement shall be delivered to the Chief of Polico within one week after its execution, and no intoxi- cating liquor shall be served a person who refuses to sign such statement. 20 21 22 23 s.ction 2. an offense. Everv person who falsifies said statement shall be deemed guilty of 24 Section 3. The licensee and his employees are expressly pe~itted to evict any person suspected of ~"ing a minor under the age of 21 years, or intoxicated, or a habitual drunkard, or a user of drugs, and fdilure of such person to leave after oral request shall be unlawful and an offense on the part of said perf5on. 25 26 27 Section 4. All licensees shall cause to remaia displayed upon their establishmentl!l 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. r~y such minor will be prosecuted to the full extent of the law"; excepting that retail stores and licensed establishments regularly serving meals may modify the said sign in accord- ance with other provisions of this article. 28 29 30 ARTICLE 5. No license issued under the terms of this hrticle shall be transferred without the prior approval of the Council. 31 32 fu(TICLE 6. }~Yor, with Council Approval, Bakes Rules dnd Regulations. E'ect ion 1. The Mayor is herel)y empowered, su;.,j ect to a flproval by the COlmcil, to make such rules and regulations pert~ining to alcoholic li~~or establishments as are PageconsiBtent with the laws of the Territory 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. -2.. r 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Page '". 1 2 ;~TICLE 7. Violations. 3 Section 1. Any person who violates any prOVISIons of this article shall be fined and/or imprisonment in the ffianner prescribed for violations of th~ General Code; and in a~dition to s~id punishment, the City Magictrate shall, for a first conviotion ~spend the license of the violator for a period not less than five (5) nor more than ten (10) Jays; for each sWjse~ent violntion the City 11agistrate shall suspend the liquor license of the violator for not less than fifteen (15) nor more than thirty (30) days. 4 5 6 7 Section 2. No p8rson whoa~ license has' been suspended Shall sell intoxicating liquor during the period of suthsuspension. 8 9 ARTICt,E 8. Suspension of the R~les. Section 1. The rules governing the introduction, posting, passage and approval of ordinances are hereby suspended and an emergency is declared, and this Ordinance shall be effective i~ediately upon its introduction and passaqe this I~ day of Jl.pMl, 1953. ~ ~~ Us sell Faillter, Mayor Attest: ~~",k \ . .