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HomeMy WebLinkAboutOrd 161 06/06/1933 #" ~ l{pl MALT BEVERAGE DEAIE RS ORDINANCE An Ordinance to Regulate and License the Sale of Malt Beverages \ii\ /' BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF MT. PROSPECT, ILLINOIS: Section 1. NAME. This ordinance shall be known as "The ~wlt Beverage Ordinance". Section 2. DEFINITIONS. For the purpose of this ordinance: "Malt Beverage" shall mean non-intoxicating malt or fermented liquor, liquids and compounds fit for beverage purposes obtained by the alcoholic fermentation of any infusion or decoction of barley malt, with or without other cereals, and hops in drinkable water, whether medicated, proprietary, patented, or in and by what- ever name called, contmning more than one-half of one per centum or more alcohol and not more than 3.2 per centum of alcohol by weight. l1rvlalt Beverage Business" as used in this ordinance shall mean the conducting of any establishment, other than a place used exclusivel~l for a residence or home, either for profit or not for profit, in which malt beverages are bartered, sold, exchanged or given away. "Person" shall mean any person, firm, partnership, club, association or corporation. "Licensee" shall mean any person receiving a license under this ordinance. UBeer Tavern" shall mean any establishment, catering to the general public, whose principal business is the sale of malt beverages for eonsumption on the premises. "Beer Store" shall mean any establis hment selling malt beverages, not to be consumed on the premises. "Hotel" shall mean any establishment offering sleeping accommod- ations to the public. "Club" shall mean any association of individuals, firms or corporations, or branch thereof, organized for social or fraternal purposes, with headquarters or club rooms within the corporate limits of the Village. "Food Shop" shall mean any establishment whose principal business is serving food to be consumed on the premises. "Ice Cream Parlor shall mean any establishment maintaining a soda fountain and selling a full line of ice cream drinks. Section 3. LICENSES. A class "A" license shall entitle the licensee to sell malt beverages either draught or bottled for consumption on the premises. A class "En license shall entitle the licensee to sell malt beverages bottled only, up to an in- cll1ding three cases household type not to be consumed on the premises. A class "C" license shall entitle the licensee to sell at retail and or at wholesale or as a distributor malt beverages in barrels or bottles any quantity, not to be consumed on the premises. No person shall conduct a llMALT BEVERAGE BUSINESS" in any stand, place, room or enclosure, or any suite of rooms or enclosure unless he shall have secured a license for the same and paid to the City Clerk the license fee for such establishment as hereinafter set forth. The yearly license fees for class "A" licenses shall be as follows: Beer Taverns, hotels and clubs to which guests uh- accompanied by members have access..................$50.00 Clubs for members only, and guests who shall accompany them $25.00 for the first 50 members and $5.00 for each additional 50 members or fraction therof, up to.............................. 50.00 Provided, however, for regularly constituted local units of the Grand Army of the Republic, American Legion, Veterans of Foreign Wars and Spanish-american War Veterans the fee shall be...... 10.00 Food shops and Ice Cream ParloBs..................... 50.00 For groups of citizens at picnics, dances, carnivals, and simllar gatherings where malt beverages are sold for one day only, the fee shall be, for each day.... 10.00 The yearly license fee for Class "B" licenses shall be $25.00. The yearly license fee for Class "C" licenses shall be $50.00. All licenses shall expire on the 30th day of April of the next succeed- ing calendar year and the license fee shall be reduced in proportion to the full calendar months which have expired in the year prior to the issuance of the license. Section 4. APPLICATIONS FOR LICENSE. Any person desirlng a license under this ordinance shall make application to the Village Clerk upon blanks prepared and furnished by the Village, such application shall be sworn to and shall show the following: 1. The name and residence address of applicant. 2. That he is a citizen of the United states. 3. His place of birth and, if a naturalized citizen, the time and place of naturalization. 4. That he has never been convicted of a felony. 5. The location where he proposes to sell malt beverages. 6. That the proposed location is not within 100 feet of any church, school, hospital, home for aged persons or for veterans, their wives or children, or any miliatry or naval station, provided, however, that this restriction shall not apply as to hotels, clubs for members only and guests who shall accompany them, food shops or other places, Where the sale of malt beverages to the general public for consumption on the premises is not the principal business carried on. Any applicant for any license under this ordinance shall be required to show satisfactorily that he is of good moral character. In the case of a partnership, the information required by this section shall be furnished as to each partner, and in the case of a club, association, or corporat~on, as to the principal officers of such club, association or corporation. Section 5. BOND. Each person desiring a license shall execute a penal bond in form and with security satisfactory to the President of the Board of Trustees and the Board of Trustees, conditioned upon the faithful observance of the provisions of the Law of the State of Illinois and of this ordinance. Such bond shall be in the sum of $500.00, and shall upon approval, be filed in the office of the Village Clerk. Section 6. INVESTIGATION - REJECTION - APPROVAL OF LICENSE. The Police Committee shall investigate the statements contained in each application and recommend to the Board of Trustees, withLn thirty (30) days after such application is referred to it, the approval or rejection of such application. The said Jolice Com- mittee shall present such report to the next regular or adjourned regular meeting of the Board of Trustees. Within fifteen aays of the receipt of the report the Board of Trustees shall direct the President of the Board to grant or refuse such license. In the event the Board of Trustees directs the granting of a license applied for, the President of the Board shall forthwith, upon the posting of bond as above provided, and upon payment, in advance, of the li cense fee requir ed b~' this ordinance, direct the Clerk to issue a license to such applicant. An application for renewal of a . '''''''' "A" "L' "5" license upon its expiration shall not be renewed, if complaint has been received by the Board of Trustees as to the manner in which the applicant for such renewal has carried on the business authorized by such license, until hearing has been had on such complaint before the Police Committee to which such complaint shall be referred. The Police Committee shall conduct a hearing on any complaint referred to it by the Board of Trustees within thirty (30) days after reference thereof to it by the Board of Trustees and shall make its recommendation to the Board of Trustees for the approval or rejection of such application for renewal within fifteen (15) days after the completion of the hearing on said complaint. The Board of Trustees shall receive and act upon an application for a renewal of any license within fifteen (15) days after receiv- ing the recommendation of said Police Committee. The procedure ' outlined herein with reference to a hearing before said Police Committee on any application for renewal of any license shall not be required where any such complaint after filing has been dismissed or withdrawn. Applications for renewals of licenses shall be filed with the Village Clerk on or before the 30th day of April of the calendar year during which such license is issued. The Clerk shall report the names of all applican ts for renewals of licenses to the Board of Trustees at its first regular MJy meeting, or any adjournment thereof, together with the location of the places of business of such applicants. The Board of Trustees shall refer all applications for renewal, against which complaints are not pending, to the President of the Board to take such action as he may deem advisable. Section 7. POSTING LICENSE. Every person licensed in accord- ance with the provisions of this ordinance, shall immediately post and keep posted while in force, in a conspicuous place on the premises, the license so issued. Whenever such license shall be lost or destroyed, a duplicate in lieu thereof shall be issued by the Village Clerk. Section 8, BEER TAVERN, OPENING ANOCLOSING TIME. No beer tavern, as defined in this ordinance, shall remAin open between the hours of 12 o'clock P.M., on Saturday and 1 o'clock P.M. on the following Sunday, nor between the hours of 12 o'clock P.M. of any other day and 7 o'clock A.M., of the next succeeding day. No malt beverages, purchased prior to the closing hour as designated in this ordinance shall be consumed after the closing hour, on the premises where purchased. .. Section 9. PRIVATE ROOMS AND OBSTRUCTIONS TO VIEW. There shall be no private room or rooms apart from or attached to the main licensed premises, where malt beverages are sold for con- sumpPion on the premises, in which malt beverages can be served by sale, barter, exchange or gift. All premises where malt beverages are served for consumption on the premises, must be open to public view, the only exception permitted is a light transparent curtain on outer windows. Section 10. NO LOITERING BY MINORS OR CERTAIN OTHER PERSONS. No person under the age of 18 years or under the influence of in- toxicating liquor, or any idiot, insane person, or other person for whom a guardian or conservator has been appointed, shall be permitted to loiter or remain in or about any beer parlor, store or club where malt beverages, as defined by this ordinance, are bartered, sold, exchanged or given away, without the consentof their parents, guardian, or conservator; and the consent of a guardian or conservator, to be valid, must be approved by the Probate or County Court having jurisdiction of such idiot, insane perron, or other person for whom a guardian or conservator has been appointed. Any person bartering, selling, exchanging, or giv- ing away a malt beverage to a person under the age of 18 years, or to any perron under the influence of intoxicating liquor, to to any idiot, insane, or other wise incompetent person, shall be subject to the penalties hereinafter pDovided and the person having the license for the barter, sale, exchange or giving away of malt beverages in such place shall be considered to have violated the provisions of this ordinance and his license shall be subject to suspension or revocation, as hereinafter provided. Section 11, GAMBLING DEVICES PROHIBITED. No gambling device shall be kept or used for the purpose of gambling, in any beer ~avern, store or club licensed to barter, sell, exchange,or give away malt beverages. The person or persons to whom the license for any such place is issued, or the officers of any club, association or corporation licensed under this ordinance shall be subjected, in the event of a violation of this provision, to the penalties hereinafter provided, and the license issued to any such person, persons, club, association or corporation shall be subject to suspension or revocation, as hereinafter provided. Section 12, . FOOD MUST BE OBTAINABLE. Wherever malt beverages are sold for consumption on the premises, food must be obtainable, either for purchase or gratis. Section 13. CLEANLINESS. All premises where malt beverages are sold and all utensils used for serving malt beverages where sold, bartered, exchanged or given away for consumption on the premises mpst be kept in a sanitary and healthful condition and pass inspection of our local Board of Health. Section 14. REVOCATION OF LICENSE. The President of the Board and on the Police Committee may suspend or revoke any license issued under this act for anyone or more of the following reasons: 1. Violation of the laws of the State of Illinois or of any of the provisions of this ordinance; 2. The wilful making of any false statement as to a matmrial fact in application for a license; 3. Permitting any disorderly or immoral practices upon the premises where the licensee is licensed to sell malt beverages. .. -- .... J '" Section 15. PENALTIES. \Vhoever violates any of the provisions of this ordinance shall, upon conviction, be punished by a fine of not less than twenty-five dollars($25.00) nor more than Two Hundred Dollars($200.00) for each and every offense. Section 16. Any ordinances or parts of ordinances in conflict with the provisions of this ordinance and any other existing ordinance5on the Village Books are hereby repealed in so far as suchoonflict exists; if any of the prmvisions of this ordinance shall be held invalid, it shall not be construed to invalidate the other progisions of this ordinance. Section 17. WHEN TO TAKE EFFECT. ViliEREAS, this ordinance, being neeessary for immediate' preservation of public health and safety, an urgency for its immediate passage and taking effect is hereby declared to exist and it shall therefore take effect ten days from and after its passage, signing, recording, and pUblication, pursuant to law. Passed 666 ~, 1933 Signed I~ {, 1933 (J I e Recorded 1933 Published ~~~- 1933