Loading...
5225ORDINANCE NO. 5225, AN ORDINANCE DECLARING THE BUSINESS OF STORING, TRANSPORTING AND /OR SELLING OF LIQUORS AT RETAIL OR WHOLESALE IN THE CITY OF LITTLE ROCK, ARKANSAS, TO BE A PRIVILEGE• LEVYING A TAX THEREFOR; PROVIDING FOR THE ISSUANCE OF PERMITS; REGULATING THE SALE OF LIQUOR• FIXING THE PENALTIES FOR VIOLATIONS HEREOF; AND FOR OTHER PURP6SES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK, ARKANSAS; Section 1. That the business of storing, transporting and /or selling of spirituous, vinous an d /or malt liquors at wholesale within the city of Little Rock, Arkansas, is hereby declared to be a privilege; and for the exercise of such privilege there is hereby levied an annual tax in the sum of Three Hundred Fifty Dollars ($350.00) for each and every such business conducted. Section 2. The business of storing, transporting, selling and /or dispensing at retail of any and all vinous, spirituous and /or malt liquors within the city of Little Rock, Arkansas, is hereby declared to be a privilege, and for the exercise of such privilege there is hereby levied an annual privilege tax in the sum of Two Hundred Dollars ($200.00) for each such retail store operated within the City of Little Rock by any person, firm or corporation. Section 3. Any person, firm or corporation engaging in the business herein declared to be a privilege without first having paid the license fees as provided in Sections 1 and 2 hereof shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than One Hundred Dollars ($100.00) as d not greater than One Thousand Dollars (.31,000.00); and each day of such operation without the payment of said license fees shall constitute a separate and distinct offense. Section 4. It is hereby declared to be the intent of the City in order to avoid confusion to issue such licenses as are herein provided_ for in such a manner that they will run for such a length of time as will be concurrent with the licenses issued-by the State govern- ment. It is therefore ordained that the City Collector shall have the right to accept installment payments of the license fees due the City for such periods of time as the State Qoimnissioner of Revenues grants for the payment of State license Fees. Page 2. Ordinance No- 5225. Section 5. It shall be unlawful for any person, firm or corporation to sell, offer for sale or give away, at wholesale any spirituous, vinous and /or malt liquors before the hour of 8 A.M. and after the hour of 6 P.M. It shall be unlawful for any person, firm, or corporation to sell, offer for sale, or give away, at retail any spirituous, vinous and /or malt liquor before the hour of 7 A.M. and after the hour of 12 o'clock Midnight. It shall also be unlawful for any person, firm or corporation to sell, offer for sale or give away any such liquors on Sunday or on any State, County, Municipal anal /or District primary or general election day. It shall also be unlawful for any person, firm or corporation to sell, offer for sale or give away any such liquors on Fourth of July and Christmas Day. Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a mis- demeanor and upon conviction shall be fined in any sum not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00). For the third offense against any of the provisions of this section the City Council shall have the right to order the permit of such person, firm or corporation revoked and cancelled. Section 6. It shall be unlawful for any person, firm or corporation, to sell, offer for sale or give away, or cause or permit to be sold, offered for sale, or given away, any such vinous, spiritu- ous and /or malt liquors through salesmen going from house to house soliciting orders. It shall be unlawful for any person, firm or corporation to accept retail orders for any such liauors for delivery outside of the premises of the store operated by such person, firm or corporation. Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misde- meanor and upon conviction thereof shall be fined in any Burn not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00); and each such violation shall constitute a separate f Page 3. Ordinance No. 5225. and distinct offense. Section 7. It shall be unlawful for any person, firm or corporation to have in his possession or control on the premises where liquor is allowed to be sold, any bottle or container containing liquor which has been opened. Adjoining premises shall be deemed to come within the prohibition of this section when any person, firm or cor- poration has any interest therein and in addition has any interest in the regularly licensed retail or wholesale liquor store. Any person, firm or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than Fifty Dollars ( #50.00) nor more than Five Hundred Dollars ($500.00). And any person, firm or corporation operating a regularly licensed liquor store, having any interest in any establishment operating in adjoining premises where persons are found to be or permitted to drink liquor shall be subject to having their license revoked by the City Council. Section No person, firm or corporation shall be granted any permit for the sale within the city either at wholesale or retail of any liquor where such person, firm or corporation, or any member or stockholder thereof, has any interest of any kind in a business or club operating in adjoining premises where liquor is kept or permitted to be kept and /or consumed. Section 9. It is hereby declared to be for the best interest of the public that liquor dealers be prevented from selling liquor to persons known to be hibitual drunkards and to this end it is hereby ordained that an habitual drunkard within the meaning of this ordinance shall be "any person who has been convicted of drunkenness three times in any twelve month period; the said twelve month period to begin with the date upon which this ordinance is approved. It shall hereafter be the duty of the Chief of Police of the city of Little Rock to keep a separate register, (which shall be at all reasonable hours subject to public inspection), of every person convicted of drunkenness in the city of Little Rock (both in the Municipal Court and the Circuit Court). Such register shall show the number of times any person has been so convicted. A bulletin Page 4. Ordinance No. 5225. containing the names of each and every person convicted three times within a year of drunkenness shall be mailed once each month, if necessary, by the Chief of Police to each liquor dealer licensed by the City. It shall be unlawful for any person, firm, or corporation to sell or give away any liquor to any person when such person is in an intoxicated condition. Any person, firm, or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction of the first offense be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Three Hundred Dollars ($300.00) and for a, second offense in addition to such fine shall be subject to the revocation of the license at the discretion of the City Council. Section 10. It shall be the duty of the Chief of Police to receive from the proper County official a list of any and all persons adjudged by proper procedure in the County courts to be guilty of failing and refusing to properly support their families, aid such list as furnished shall be included by the Chief of Police in the monthly report provided for in Section 9 herein. Any person, firm or corpora- tion selling, offering for sale or giving away liquor to any person in violation of this section shall be deemed guilty of a misdemeanor and upon conviction shall be subject to the same penalties as provided in Section 9 herein. Section 11. It shall be unlawful for any person, firm or corporation engaged in the sale at wholeeale or retail of any liqudr in the city of Little lock to sell, offer for sale or give away under any conditions any liquor to any person under the age of twenty -one (21) years of age. The burden of determining the age of any person shall be upon the seller. Any person, firm or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be subject to the same punishment as is provided in Section 9 hereof. Section 12. No person, firm or corporation shall be granted a permit to sell liquor either at wholesale or retail within the City • t Page 5. Ordinance No. 5225 of Little Rock upon or in premises or in connection with any premises wherein there are located any screened partitions, doors or windows hindering or obstructing the view of the interior, private alcoves, blind or curtained booths, lockers, or where any other means or method is used, designed or adapted to induce or invite persons to open and consume liquor upon such premises. If after a license has been granted the licensee then changes or allows the premises to be changed, to violate this section, the City Council shall order such license revoked, if after a five -day notice such licensee fails and refuses to conform to the provisions of this section. Operation after the revocation of a license shall be punishable as provided in Section 3 hereof. Section 13. In any prosecution or proceedings for any viola- tion of this ordinance in court or before the City Council, the general reputation of the defendant or defendants, (or in case of an appli- cation for a permit or the revocation of a permit, the applicant or the licensee), for moonshining, bootlegging, drinking or being engaged in the unlawful manufacture of, or trade in, intoxicating liquors, shall be allowed to be introduced in evidence by the City against said defendant or defendants. Section 14. It shall be unlawful for any person to drink liquor in any public place, highway or street, or in or upon any passenger coach, street car, etc. (see Section 10, Page 32, State Law); any person violating provisions of this section shall be deemed guilty of a misdemeanor end upon conviction shall be fined in any sum not less than Five Dollars (.„?5.00) nor more than One Hundred Dollars ($100.00). Section 15. Before any person, firm, or corporation shall engage in the wholesale or retail liquor business in the city of Little Rock, an application shall be made to the City Collector for the grant- ing of a permit. Said application shall contain sworn statement of the name of the business sought to be licensed, the names and addresses of all of the persons owning or holding any interest in said business, and the proposed location of said business, the owner or I Page 6. Ordinance No. 5225 owners of the building or premises in which said store is to be located, and said applicant's state license shall accompany such application, then the City Collector shall issue such license after approval by the City Council and upon the payment of the fees herein provided and then notify the Chief of Police of the issuance of same. Section 16. The City Council shall have the right to refuse to grant a permit to any person or to any firm or corporation in which a person or persons oven an interest where such person or persons have been convicted for violations of liquor and /or prohibition laws after passage of this ordinance and /or for crimes involving moral turpitude. Section 17. That it shall be unlawful for any person, firm or corporation having a license to sell liquor to sell or offer for sale at retail any beer except in the original container, said con- tainer not to be opened on the premises. Any person, firm or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction fined in any sum not less than Fifty Dollars ($50.00) nor more than Three Hundred Dollars ($300.00). Section 18. It shall be unlawful for any person, firm or corporation to sell liquor in containers of less than one pint or more than one gallon. Any person,firm or corporation violating this section shall be deemed guilty of a misdemeanor and upon conviction therefor shall be fined in any sum not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars (?200.00). Section 19. If any section or portion of a section of this ordinance is adjudged to be unconstitutional such adjudication shall not affect the validity and constitutionality of the remainder of the ordinance. Section 20. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed and this ordinance shall be given full force and effect over all ordinances and parts of ordinances heretofore passed and approved. Section 21. WHEREAS, The State and National Governments have repealed the previous prohibition on the sale of intoxicating liquors, and licenses are now being issued for the manufacture and Page 7. Ordinance No. 5225 sale of such liquors, it is necessary that the City immediately take such steps as will enable it in cooperation with other governmental agencies to properly exercise its police power over the liquor traffic, an emergency istherefore declared to exist and this ordinance is declared to be necessary for the immediate preservation of the public peace, health and safety, and the same, therefore, shall be in full force and effect from and after its passage and approval. Passed: March 20, 1935 Attest: f City Clerk. Approved: j� J , mayor.i ioke eicer. Tuohe 13 ey, Tom `under, NOT clot G.J. liMcgar, Q.� harrp, Geo - mini',, r--