HomeMy WebLinkAboutORD 32-N-Al
AN ORDINANCE
ENTITLED AN ORDINANCE PROHIBITING THE
SALE OF BEER WITHIN THE CORPORATE =TITS OF
THE CITY OF BEAUMONT BETLNEEN 12;00 O'CLOCK
MIDNIGHT AND 7:00 O'CLOCK A. M., DEFINING
CERTAIN TERMS, PRESCRIBING A PENALTY FOR
VIOLATION HEREOF, AND DECLARING AN EMERGENCY.
WHEREAS, by virtue of Article 667-102 of the Penal Code
of the State of Texas and under the charter of the City of Beau-
mont said City is invested with the power and authority to r egul=
ate the sale of beer within the City limits by ordinance and may
prescribe the opening and closing hours for such sales; and,
WHEREAS, there now exists in the City of Beaumont a large
transient population brought about by the National Defense Program
and emergency existing at the present time; and,
WHEREAS, the local Police Department has experienced con-
siderable difficulty and is experiencing increasing difficulty in
suppressing law violations in and around establishments that sell
beer between the hours of 12:00 o'clock midnight and 7:00 otclock
in the morning in said City; and,
I WHEREAS, the Commission has made an investigation of the
problem including the manner in which it has been sudeessfully
controlled in neighboring cities and has concluded that the sale
of beer should be prohibited within the City limits of the City of
Beaumont during the hours above specified; and,
I=REAS, by reason of the facts hereinabove stated, the
Commission is of the opinion and so. finds that this matter effects
the immediate preservation of the public peace, property, health
and safety of the.citizens of the City of Beaumont creating an,
emergency necessitating the suspension of the rule that ordinances
be read on three several occasions before final passage.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF- BEAUMONT:
Section 1.
That the following definition of the term "beer" and
"person" be expressly adopted as they appear in Article 667-1,
Subsections b and h of the Penal Code of Texas, as follows:
"The term 'beer' as used herein means a malt beverage
containing 2 of 1% or more of alcohol by volume and not
more than 40 of alcohol by weight, and shall n6t be in-
clusive of any beverage designated by label or other-
wise by any other name than beer."
"The term 'person' as used herein shall mean and
refer to any natural person or association of natural
persons, trustee, receiver, partnership, corporation,
organization, or manager, agent, servant or employee
or any of them."
Section 2.
It shall hereafter be unlawful for any person to sell or
offer for sale beer within the City limits of the City of Beaumont
between 12:00 o'clock Midnight and 7:00 o'clock A. X. on any day.
Section 3.
Any person violating the terms hereof shall be deemed
guilty of a misdemeanor and upon conviction in the Corporation
Court of the City of Beaumont, Texas, shall be fined in any sum
not less than 025.00 and not more than $200.00.
Section 4.
The fact that there is a large number of transient persons
in the City at the present time due to the National Defense Pro-
gram and the fact that the Police Department has experienced con-
siderable trouble and is experiencing increasing trouble in sup-
pressing law violations as a result of the sale of beer from 12:00
o'clock midnight to 7:00 o'clock A. M. creates an emergency affect-
ing the public peace, property, health, and safety of the citizens
of the City of Beaumont necessitating the suspension of the rule
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Lt fJ
that ordinances be read on three several occasions before final
passage, and said rule is hereby suspended and this ordinance
shall take effect immediately from and after its passage.
PASSED by -the affirmative vote of the City Commission this
the 7th day of October, A. D. 1941.
MAYOR.
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