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HomeMy WebLinkAboutO-656ORDINANCE NO. 656 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECTION I. There is hereby established the following annual license fees to be due January 1 and delinquent January 31 of each year for the licenses as listed below, with a penalty hereinafter set out for the failure to purchase said licenses from the CITY OF FAIRHOPE, Alabama. SECTION II. LOUNGE LIQUOR LICENSE - There is hereby establis an annual license fee for a Lounge Liquor License within the City Limits of the CITY OF FAIRHOPE in the amount of $ 500.00 This License allows the sale of liquor, wine and beer at retail for on -premise and off -premise consumption. No one under the age of nineteen (19) allowed to enter this establishment. SECTION III. CLUB LIQUOR LICENSE - There is hereby establishes an annual license fee for a Club Liquor License within the City Limits of the CITY OF FAIRHOPE in the amount of $ 500.00 This License allows the sale of liquor, wine and beer at retail by regulated, non-profit, memberships -and -dues, organizations only SECTION IV. RESTAURANT LIQUOR LICENSE - There is hereby established an annual license fee for a Restaurant Liquor License within the City Limits of the CITY OF FAIRHOPE in the amount of $ 150.00 This License allows the sale of liquor, wine and beer at retail for on -premise consumption only. Establishment must comply with Health Department regulations and derive fifty- one per cent (51%) of gross receipts from the sale of food. SECTION V. WINE A. WINE ON/OFF PREMISES RETAIL LICENSE - There is hereby established an annual license fee for a Wine On/Off Premises Retail License within the City Limits of the CITY OF FAIRHOPE in the amount of $ 75.00 This License allows the sale of Wine Im only at retail for on -premise I and off -premise consumption. B. WINE OFF -PREMISES RETAIL LICENSE - There is hereby established an annual license fee for a Wine Off -Premises Retail License within the City Limits of the CITY OF FAIRHOPE in the amount of $ 75.00 This License allows the sale of Wine only at retail for off -premise consumption only. C. WINE WHOLESALER'S LICENSE - There is hereby established an annual license fee for a Wine Wholesaler's License within the City Limits of the CITY OF FAIRHOPE in the amount of $ 275.00 D. WINE IMPORTER'S LICENSE - There is hereby established an annual license fee for a Wine Importer's License within the City Limits of the CITY OF FAIRHOPE in the amount of $ 250.00 . E. WINE MANUFACTURER'S LICENSE - There is hereby established an annual license fee for a Wine Manufacturer's License within the City Limits of the CITY OF FAIRHOPE in the amount of $ 250.00 F. Wine, as covered by this ordinance, shall have the definition of "Table Wine, or any wine, containing not more than fourteen per cent (14%) alcohol by volume". SECTION VI. BEER A. BEER ON/OFF PREMISES RETAIL LICENSE - There is hereby established an annual license fee for a Beer On/Off Premises Retail License within the City Limits of the CITY OF FAIRHOPE in the amount of $ 50.00 This license allows the sale of Beer only at retail for on -premise and off -premise consumption. B. BEER OFF -PREMISES RETAIL LICENSE - There is hereby estab- lished an annual license fee for a Beer Off -Premises Retail Licens within the City Limits of the CITY OF FAIRHOPE in the amount of $ 50.00 This license allows the sale of Beer only at retail for off -premise consumption only. C. The term "Beer" as used in this ordinance shall be inter- preted to mean and include malt or brewed beverages of an alcoholil content not in excess of 4% by weight and 5% by volume. .4f oS Q, 3 SECTION VII. Establishments located within the Police Jurisdiction of the CITY OF FAIRHOPE pay one/half of the annual license fees hereinabove set out. SECTION VIII. All persons, firms, partnerships, corporations making application for liquor, wine, or beer licenses shall request the City Council to set down for hearing the application not more than 30 days after the date of the next regular Council meeting subsequent to the receipt of such application. SECTION IX. Applicants for a LOUNGE LIQUOR LICENSE or a CLUB LIQUOR LICENSE shall publish notice of the filing of the application,and of the date and time set for the hearing thereof, once a week for two consecutive weeks in a newspaper of general circulation published in the city nearest the location of the site for which license application is made. The notice shall be published at no cost to the City and applicant shall present proof of publication to the City Council at the time set for the hearing of same. Said notice to be published by the applicant in the following form: 'NOTICE OF PENDING APPLICATION FOR APPROVAL OF ISSUANCE OF AN ALCOHOLIC LICENSE FOR THE CITY OF FAIRHOPE,AiABAW Notice is hereby given that as located at doing business has made an application for the City of Fairhope City Council to approve the issuance of a License by the Alabama Alcoholic Beverage Control Board and that the day of , 19 , at 7:00 p.m. has been set for the hearing thereof at the Fairhope City Council meeting. Any interested persons may appear at said time and place and be heard for or against the granting of such approval. SECTION X. Any person, firm, or corporation, not buying an appropriate License prior to the commencement of business, shall be 3 7 guilty of a misdemeanor and, if found guilty by a court of compe- tent jurisdiction, shall be fined not less than $50,00 nor more than $500.00 and each day that the said License has not been pur- chased shall be a separate offense. SECTION XI. No reduction or proration of License fee shall be allowed on account of not commencing business on the first day of January, nor shall any rebate be allowed upon revocation, suspension, or surrender of such License before the expiration thereof. SECTION XII. Licenses shall be non -transferable; and each place of business shall require a separate License. License is to be posted in a conspicuous place at or in the place for which the same was issued. SECTION XIII. Re -application may not be made sooner than six (6) months from the date of any previous application for which approval was denied. SECTION XIV. If any part or parts of this Ordinance be found invalid or unconstitutional by a court of competent juris- diction, the remaining part or parts shall remain valid. SECTION XV. All Ordinances in conflict herewith be, and the same are hereby repealed. SECTION XVI. This Ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS 13 DAY OF OCTOBER, 1980. Attest D . Evelyn Phillips, City C erk