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