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HomeMy WebLinkAboutOrdinances Book 9, Page 861, No Ordinance Number-- Page 861 1... All ORDfNANCE RELATING TO AND REGULATING THE GRANTING OF LICENSES FOR SELLING, DISPENSING, MANUFACTURING AND DEALING IPI INTOXICATIIIG ALCOHOLIC LIQUORS UNDER THE PROVISIONS OF "THE KEIITUCKY ALCOHOLIC CONTROL ACT" OF 1934 AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF. BE IT ORDAI?TED BY TIM BOARD OF COMi.IISSIONERS OF THE CITY OF PADUCAH, KEIITUCKY: SECTION 1. No person, firm, association or corporation shall sell or dispense at retail, or have in his possession for sale any intoxicating alcoholic liquors, nor manufacture or transport the,same in the city of Pacucah, unless he shall first procure, and have issued to him a license under the provisions of this ordinance, and shall also execute the bond required under the terms of this ordinance. SECTION 2. _ Any person, desiring to obtain a license or permit to sell or dispense at retail intoxicating alcoholic liquors, shall make application to the Board of Commissioners of the City of Paducah for a license, which application shall state the name and residence of the applicant,. and state the exact s'tree't address within the city of Paducah where said liquors are to be sold or dispensed, and shall exhibit, to the said Board of Corud ssioners, the permit issued by the State of Kentucky, authorizing.such person to to engage in said business, accompanied by the license fee required by this ordinance. Thereupon, if in the judgment of said Board of Commissioners said license or permit should be granted, then upon the execution of the bond as herein provided, with sureties to be approved by the City Manager, said license or permit shall be issued. SECTION 3. Whenever -the Board of. Coithaissioners shall order or allow the issuing of any license or permit to any person to sell or dispense at retail intoxicating alcoholic liquors, as herein provided, the City Treasurer shall prepare and issue said license to such person upon the payment to him of the fee required by this ordinance, and execution of the bond 'herein required. 17hen said bond has been so signed by said applicant, and by sureties, and approved by the City Manager as herein before provided, said license shall be issued for semi-annual Page 862 periods dating from the lst day of January to the 30th day June, both inclusive, and the 1st day of July to the 31st day of December, both inclusive in each year. Provided, however, that the first license issued under this ordinance shall be for a period from the effective date of this ordinance to June 30th, 1934, inclusive, and the license fee for such period to -wit, from the effective dateof this ordinance to June 30th, 1934, shall be one-fourth (k) of the total annual license herein required. SECTION 4. No person shall be permitted to engage in the business of selling or dispensing intoxicating alcoholic liquors in said city, nor shall he receive or have issued to him any license so to do until he has executed with sureties to be approved as IIherein provided, a bond in substance in the following form, to -wit: 'I 11KNOW ALL ASN By THESE PRESENTS: That we as Principal, and and , as sureties, are held and firmly bound unto the City of Paducah, Kentucky, in the sum of One Thousand ($1,000.00) Dollars, the payment thereof well and truly to be made, we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally. Dated at Paducah, Kentucly,-- this the day of 19 NOVI, the conditions of this bond are such that - lI VIHEREAS, the above named it hath obtained from the City of Paducah a license to dispense intoxicating alcoholic liquors at said city, under and pursuant to an Act of the General Assembly of the i Commonwealth of Kentucky, adopted at its regular session in 1334, i and referred to and designated as IfThe Kentucky Alcoholic Control Acte, Y hich became a lati=r on the 17th day of March, 1934. well N06, if the said a shall� and truly observe the laws of the Commonwealth of Kentucky, and the laws and ordinances of the City of Paducah, relating to the manufacture, sale, transportation and possession of intoxicating I alcoholic liquors, then this bond and obligation is to be void, otherwise to remain in full force and effect. For any breach of said law or ordinances or the terms of this bond, and for the purpose of enforcing any liability of said bond, the penal sum and obligation of said bond shall be treated and construed as II Page 868 liquidated damages and recoverable as such." SECTION 5. The .license fee required to be paid hereunder, shall be as follows: For the privilege of selling spirituous or vinous liquors by the drink, or intoxicating malt liquors by the glass, the annual license fee shall be Three Hundred Dollars. ..For the privilege of operating a dispensary from which spirituous, vinous and intoxicating malt liquors are to be dispensed, the annual license fee shall be Two Hundred Dollars. For the privilege of storing, transporting and selling spirituous, vinous and intoxicating malt liquors at wholesale, the annual license fee shall be Two Hundred Dollars. For the privilege of rectifying, blending or flavoring spirituous 7i";uors, the annual license fee shall be �ive Hundred Dollars. For the privilege of distilling spirituous liquors, manufacturing vinous or intoxicating malt liquors, the annual license fee shall be Five Hundred Dollars. One half (j) of which license fee, in each and every case, will be paid for the period from January 1st, to June aOth, both inclusive, and one-half (a) for the period from July 1st to December list, both inclusive, of each year, except that the license required for the period from the effective date of this ordinance to the 30th day of June 1934, both inclusive, shall be one-fourth (41) of said annual license. SECTION 6. Every person_ to whom a license or permit to sell or dispense intoxicating alcoholic liquors under this ordinance, shall have presumedd to have agreed that during the life of such license, he will not violate any of the laws prohibiting or regulating the sale or dispensing of such liquor, nor will he violate any of the provisions of this ordinance, and that should he fail to live up to the terms, conditions and stipulations of said ordinance or laves, and the conditions of his bond, that the same shall be considered and conclusively held to be a. violation of the said license or permit, and a conviction in any court of violation of said laws of the Commonwealth of Kentucky or of the pl-ovisions of this on1 finance, shall be conclusive proof of a violation of said bond and its terms, and the Board of Commissioners of said city shall be author) -ed to revol•..e aid license or permit and terminate the same. Page 864 SECTION 7. Every license or permit as herein provided shall be for the saecific time for vahich the fee is paid, and for which the same has been authorized by the Board of Commissioners, and the bond given for each license shall cover only the period of time for which said license is issued. Renewal licenses shall be issued in exactly the same manner as original licenses, both as to application therefor and the execution of bond as herein provided. Licenses under this ordinance shall not be transferable., nor shall they authorize -the carrying on and corducti.ng of business in any other place than that specifically described in the license. All licenses hereunder shall be issued by the City Treasurer, and shall be executed in such manner that the said City Treasurer will retain_ an exact duplicate or facsimile thereof, which shall remain in his office and be, and the same is hereby declared to be a public record. SECTION 8. Any person violating any of the provisions of this ordinance shall upon conviction be fined not less than Fifty ($'850.00) Dollars nor"more than One Hundred (x$100.00) Dollars .or confined in -he city jail not less than ten (10) nor more than thirty (30) days, or both so fined and improsioned. All forms of applications for licenses or permits herein provided for shall be prescribed in accordance with the terms of this ordinance by the City Treasurer.. The word "person" as used herein shall include a person, II_ firm, association or corporation. SECTION 9. All monies derived from licenses taxes or from fines as herein provided, and all monies derived from the forfeiture of I bones, shall be paid into the Treasury of the City and become a part of the general funds of said city. SECTION 10. i This ordinance shall not apply to persons who sell beer , or light wines under an ordinance of the City vrhich was adopted on the 3rd day of April, .lJub, pursuant to an Act of the Congress I of the United States, entitled "An Act to Provide Reveinae By The Taxation of Certain Non -Intoxicating Liquor, and For Other Purposes," which was adopted by the 73rd Congress of the United States and signed by the President on the 23rd day of March, 1933. Page 865 Nor shall this ordinance repeal any existing ordinance of the City of Paducah not inconflict herewith. SECTION 11. This ordinance :hall be in full force and effect from and after its adoption. Signed '__,/Mayor Passed by the Board of Commissioners April 2nd, 1934. Recorded by Rudy Stewart, Clerk April tiN'L'1934.