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HomeMy WebLinkAbout1959 Ordinance No. 004BY AUTH ORITY OR DINANCE NO . 4 SER IES OF 1959 N ORD INAN CE RE LATING TO AND DEFINING FERMENTED MALT BEVERAGES; PROH I BITING THE I SSUANCE OF LIC ENSES FO R THE SALE OF FERMENTED MALT BEVERAGES AT Rh!A IL WI TH IN 500 FEET OF A SCHOOL; PROHIBITING THE SALE OF SUCH BEVERAGES AT ONE LOCATION BY BaI'H THE PACKAGE AND THE DRINK; AND PROHIB I T ING THE I SSUANCE OF MORE THAN ONE FERMENTED MALT BEVERA GE L I CENSE TO ANY ONE PE RSON: AND PROVIDING PENALTIES FOR THE VIOL ATION THEREOF . BE I T ORDAINED BY TUE CITY COU NCIL OF THE CITY OF EN GLEWOOD, COLORAD Section 1 . The t.erm "fe1·mented malt beve1·age " as used in this ordinance sha l l be construed to mean any beverages obtained by the fermentation of any inf u s ion or decoction of barley, malt, hops or any similar product or an y co1nbination thereof in water contain- ing not more than three an d two-tenths percen~ a lcohol by weight. Section 2. No lice ns e shal l be issued to or held by any person who will operate any p lace where fermented malt beverages or any thereof are sold or to be sold at retail within five hundred feet (500') from any pr ivate, public, or parochial school, said dis- tance to be compute d by direct me asurement from the nearest property lines; provided, howeve r , tha t this prohibition shall not affect the rights of any person now holding a lawful and valid license to con- duct such business wilhin any restricte d area hereby established at t.he place where such license is to be exercised, nor shall this pro- hibition prevent the renewal u pon the exp iration thereof of any license in effect at this time authoriz ing such business within any restricted area here by established if such renewal does not change the place where the l icense is to be exercised; provided further that no person holdi ng a lawf ul and valid license to operate any place where fermented mal t beverages or any thereof are sold oi t.o be sold within any restricted area, and no license or permit authorizing or purporting to authorize any such pro hibited change shall be issued or granted. Section 3. I t shall be unlawful for any person to sell fer- mented malt beverages under one license or at the same location by both the package and the drink; provided, however, that this prohibition shall not affect the rights of any person now holding a lawful and valid license for the sale of fermente d malt beverages. Section 4 . All applications for the sale of fermented malt beverages hereafter fi led with the licensin g authority of the City of Englewood shall specif y whether or not the sale of said beverages shall be by the package or the drink and shall specifically state which use is intended in the posting of the premises or advertising of notice of sai d application . Sectio n 5 . All licenses hereinafter issued by the licensing authority of the City of Eng lewood for the sale of fermented malt bev- erages shall be issue d spec ifica lly for the sale of such beverages by the package or by the drink, bu t not for both purposes. Section 6. It ~hall be unlawful for any owner, part owner, shareholder or person interested directly or indirectly in any establish- ment or any kind licensed to sell at retail fermented malt beverages to conduct, operate , control, own in whole or in part, or be directly or indirectly interested in any other establishment of any kind licensed to sell at retail fermented malt beverages, and no license or permit authorizing or purporting to authorize the same shall be issued or granted; provided , however, that this prohibition shall not affect the rights of any person now holding more than one valid license to conduct such establishments, nor shall this prohibition prevent the renewal upon the expiratio n thereof o f more than one license to any person holding multiple licenses on the effective date of this ordinance. Section 7. (a) Whenever, in any section of this ordi·nance, any act is prohi bited or declared to be unlawful, any person or persons, firm or association or corporation who shall be convicted of a viola- tion o f any such section shall, for each offense, be fined in a sum not more than $300 .00 or imprisoned not to exceed 90 days. I I I (b) The City may, in its discretion, proceed against any violation or violator of this ordinance by abatement, injunction or other civil action, which remedies shall be cumulative to the penal- ties in Section 7(a). Section 8. I f any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such por- tion shall be deemed as a separate, distinct and independent divi- sion and such holdings shall not affect the validity of the remain- ing portions thereof . The City Council hereby declares that it would have passed this ordinance and each portion or portions thereof irres- pective of the fact that any one portion or portions be declared invalid or unconstitutional. Passed on First Reading by the City Council of the City of Englewood, Colorado, this 2nd day of February, A.D. 1959, and ordered published in full in the Englewood Herald and Enterprise. Passed on Final Rea ding by the City Council of the City of Englewood, Colorado, this 16th day of February, A.D. 1959, and ordered published in full in the Englewood Herald and Enterprise. ATTEST: I, B. o. Beausang, City Clerk-Treasurer, City of Englewood, County of Arapahoe, State of Colorado, do hereby certify that the above and fore- going ordinance was introduced, read, passed and ordered published as a bill in tbe Englewood Herald and Enterprise at a regular meeting of the City Council held on the 2nd day of February, A.D. 1959, and that at least 7 days after the above publication as a bill, tbe above ordinance was approved, adopted and ordered published in said legal newspaper by (~be City Council at a regular meeting held on tbe 16th day of February, A.D. 1959, as Ordinance No. 4, Series of 1959, of said City. ATTEST: SEAL crty Clerk