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HomeMy WebLinkAboutORD 12-K' Q- -1133 k- 1-933 AN ORDINANCE ADOPTING THE PROVISIONS OF HOUSE BILL No. 122, CHAPTER 116, ACTS OF THE REGULAR SESSION OF THE 43rd LEGISLATURE, INSOFAR AS SAID.PROVISIONS ARE APPLICABLE, LEVYING AND ASSESSING LICENSE FEES AGAINST -PERSONS ACTING AS MANUFACTURERS, DISTRIBUTORS, OR RETAILERS OF BEER; PRESCRIBING THE METHOD FOR OBTAINING LICENSES, WHEN -THE SAME SHALL TERMINATE AND OBTAINING RENEWALS THEREFOR; MAKING IT THE DUTY- OF THE HEALTH OFFICER TO INSPECT ESTABLISHMENTS DOING BUSINESS HEREUNDER; PRESCRIBING CERTAIN CONDITIONS PREREQUI- SITE TO -OBTAINING LICENSES HEREUNDER. PROHIBITING THE SALE OF BEER WITHIN 300.FEET OF ANY SCHOOL OR OTHkR EDUCATIONAL INSTITUTION BY ANY DEALER IUIOSE PRINCIPAL BUSINESS IS THE SALE OF BEER: PRESCRIBING PENALTY FOR THE VIOLATION OF THE.TERMS OF THIS ORDINANCE; PROVIDING FOR CANCELATION OF LICENSES; PROVIDING THAT THE INVALIDITY OF ANY SECTION.OF-THIS ORDINANCE SHALL NOT AFFECT THE VALIDITY OF THE RE- MAINING PORTIONS HEREOF; AND DECLARING AN EMERGENCY; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT, TEXAS: Section 1 This ordinance is passed pursuant to and is referable to House Bill No. 122, Chapter 116, Acts of the Regular Session of the 43rd Legislature, and except as hereinafter provided the pro- visions of said Act are hereby adopted insofar as the same are applicable, and shall govern the administration and enforcement of this ordinance. Section 2 For the purposes -of this ordinance the terms "person", "beer'T, . "manufacturer", "general distributor", T1local distributor", and TTretail dealer", shall -be used in the same sense and be defined as said terms are defined in the Act referred to in -Section 1 of this ordinance. Section 3 - It shall be unlawful for any person to manufacture or brew for the. purpose of sale, or to sell or distribute any beer within the corporate limits of the City of Beaumont without first having applied for and secured a license as required by this ordinance. Section 4 Before any license required by.this ordinance shall be issued, the. license fee required therefor and which is hereby levied and assessed shall -be paid to the Assessor and Collector of Taxes for the City of Beaumont. Annual fees required for a license shall be as follows: (a) For a license authorizing the manufacture and sale by a manufacturer having a place of business within the corporate limits of the City of Beaumont, Two Hundred Fifty Dollars (115250.00). (b) For a license to a general distributor having a place of business within the corporate limits of the City of Beaumont, One Hundred Dollars ($100.00). (c)' For a license to a local distributor having a place of -business within the corporate.limits of the City of.Beaumont, Twenty-five Dollars (325.00). (d) -For a li.cense'authorizing the sale of beer for consumption on or off'the-premises where sold,_Fifty Dollars (650.00). (e) For a license --authorizing the sale of beer by a retail dealer. in the original .container direct to the .consumer, but not for resale and not to be -consumed on the premises where sold, Twenty-five Dollars . ($25.00) . Section_ 5 All licenses issued under the terms -of this ordinance shall terminate at midnight on the 31st day of December of each year,' and no license shall be -issued -for a longer -term than one year.. Section 6 Any person desiring' a license as a manufacturer, dis- tributor, -or retail dealer, shall make application therefor to the Assessor and Collector of Taxes for the City of Beaumont by filing with said officer a true and correct copy of the petition required to be filed by -the applicant with the County Judge of Jefferson County, Texas in order.to obtain a state license. Upon receiving satisfactory.evidence that the applicant has been duly licensed by the State of Texas and on receipt of the proper license fee reauired by -this ordinance, the Assessor and Collector of Taxes shall -forthwith issue to the applicant the proper license, which shall -be signed by him, be under the seal of his office... be dated, state on its face for what purpose itis issued, date when it will expire, by whom and where such business is to be conducted, shall _- describe the place where same is kept and whether licensee is authorized to act as manufacturer, general distributor, local distributor, or retail -dealer of beer as set out in the application.. Section 1 K On -Pr before the lst day of- January, . 1934, and annually thereafter, each and every person owning a., license issued under the terms of this ordinance may, by written application filed with the Assessor and Collector of.Taxes for the City of Beaumont not more than thirty (30) days prior to the 1st day of January,. -renew such license so held -by him. Such application.may be in the same form as required to be filed by the applicant with the Tax Collector of Jefferson County in order to renew his state license. Upon the - presentation -of such application for renewal of license, together with the sums required by this ordinance for an annual license, and the presentation of the renewal license issued to applicant by the State of Texas, the Assessor and Collector .of Taxes for the City of Beaumont shall forthwith issue such renewal license in proper form. Section -8 No manufacturer, general distributor., -local distributor, or retail dealer, shall carry on such business -at more than one place under the same license, but a separate license must be obtained for each place of business. Section 9 It is hereby made the duty of the Health Officer of the City of Beaumont, or some deputy to be designated by him, to enter into and -inspect as often as the occasion demands, all manufacturing, distributing, and retailing establishments handling beer under the - terms of this ordinance, in order to enforce the health and' -sanitary ordinances of the City of Beaumont. -2- ^ � i33 93 6 Section 10 No license shall be issued hereunder to any applicant unless and until such applicant shall have paid all taxes of any kind or character due and owing by such applicant to the City of Beaumont, -and such -applicant shall exhibit to the Assessor and Collector of Taxes for the City of Beaumont proper tax receipt showing payment thereof, or furnish other proper evidence showing - the same.. Section 11 If any person manufactures, distributes, or sells beer in the City -of Beaumont as a manufacturer, distributor, or retail dealer without then and there .having the proper license therefor as required by this ordinance, he shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than Twenty-five Dollars (625.00) nor more-than'Two Hundred Dollars (4,;200.00), and each days s violation hereof shall constitute a separate offense. Section 12 Any person required to obtain a license hereunder who shall fail to keep the same displayed -in a conspicuous -place in. the establishment where such business is conducted, -shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not. to exceed Twenty-five Dollars (425.00), and each dayas violation hereof shall constitute a separate offense. Section 13 It shall be unlawful for any dealer whose principal business is -.the sale of beer to sell beer within three hundred (300) feet of any school or other educational institution, the measurements to be along the property lines of the street fronts, and from front door to front door, and in a direct line across intersections where they occur. Any person violating the provi- sions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not to exceed Two Hundred Dollars ($200.00) and each days s violation hereof shall constitute a separate offense. Section 14 If any manufacturer; distributor or dealer in beer in the City of Beaumont shall violate any provision of this ordi- nance and of the State law.applicable thereto, or shall violate any of the health or sanitary ordinances or regulations of the City of Beaumont, the City Commission of the City of Beaumont, after due hearing, shall have the right to cancel the license of such offender, after which he shall not manufacture, distribute, or sell beer in the City -of Beaumont for one- (1) year -and -shall not be issued another license therefor until the expiration of one year .thereafter. Section 15 In case any section of this ordinance shall hereafter be declared for any reason null and void, or inoperative, such holding shall not affect the other portions or sections hereof, which shall remain in full force and effect. Section 15-A - All ordinances and parts of ordinances of the City of Beaumont, in conflict with this ordinance are hereby expressly repealed insofar as .they so conflict. Section 16, The fact that the sale of beer as defined-in Rouse Bill No. •122, Chapter 116, Acts of the Regular Session of .the 43rd Legislature, has been legalized in the State of Texas on and after September 15, 1933, and the fact that it is necessary to immediately take proper action in order to license manufacturers, distributors, and retail dealers of beer in the_ City of Beaumont .in order that the same may be duly licensed to transact business upon the effective date of the Act above referred to, creates an imperative public emergency necessitating the suspension of the rule requiring ordi- nances to be read on three separate-days before their final passage, -wherefore, such . rule is hereby suspended and this ordinance shall take effect and be in force from .and -after its passage and publication. Passed by the affirmative vote of all members of the City Commission, this the 29th day of August, A.D. 1933. . , M_ajVrify f Beaumont, Texas. <_ h W 14 AN ORDINANCE REPEALING SECTION 10 OF AN ORDINANCE ENTITLED "AN ORDII�AII?CE ADOPTING THE PROVISIONS OF HOUSE BILL NO. 122, CHAPTER 116, ACTS OI' 1'Ii REGUILAIR SESSION OF THE 43rd LEGIS- LATURE., INSOFAR AS SAID PROVISIONS ARE APPLICABLE, LEVYING AND ASSESSING LICENSE FEES AGAINST PERSONS ACTING AS MANU- FACTURERS, DISTRIBUTORS, OR RETAILERS OF BEER: PRESCRIBING THE METHOD FOR OBTAINING LICEINSES, V91IEN THE SAT,'IE SHALL TER- MINATE AND OBTAINING Rig iTEWALS THEREFOR; MAKING IT THE DUTY OF THE HEALTH OFFICER TO INSPECT ESTABLISHI;4ENTS DOING BUS- INESS HEREUNDER: PRESCRIBING CERTAIN CONDITIONS PREREQUIS- ITE TO OBTAINING LICENSES HEREUNDER; PROHIBITING THE SALE OF BEER WITHIN 300 FEET OF ANY SCHOOL OR OTHER EDUCATIONAL INSTITUTION BY ANY DEALER VTIOSE PRINCIPAL BUSINESS IS THE SALE OF BEER; PRESCRIBING PENALTY FOR THE VIOLATION OF THE TERMS OF THIS ORDINANCE; PROVIDING- FOR CANCELLATION OF LICENSES; PROVIDING THAT TIE INVALIDITY OF ANY SECTION OF THIS ORDINANCE SHALL NOT AFFECT THE VALIDITY OF THE REMAIN- ING PORTIONS HEREOF; AND DECLARING AN EMERGENCY; AND REPEAL- ING ALL ORDINANCES IN CONFLICT HEREV,dITH" , SO AS TO REPEAL THE PROVISIONS OF SAID ORDINA.NCE REQUIRING PAYP;LENT OF ALL TAXES DUE TO THE CITY OF BEAUMONT AS A CONDITION PRECEDENT TO THE ISSUING OF LICENSES UNDER SAID ORDINANCE, AND DECLAR- ING AN ENIERGENCY. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUI\dONT, TEXAS: Section 1. That Section 10 of the so-called Beer Ordin- ance of the City of Beaumont, described and referred_ to in the caption hereof, and_ which requires payment of all taxes due the City of Beaumont as a. prerequisite to the issuance of licenses under said ordinance, be and the same is hereby in all things repealed. Section 2. The fact that the time has arrived for the issuance of 1934 licenses to persons, firms, and corporations for the sale, manufacture, and distribution of beer in the City of Beaumont, and the fact that many of such manufacturers, dealers and distributors are prevented from obtaining licenses from this City by reason of the requirement of Section 10 of the ordinance referred to in the caption hereof, and the fact that it is thought that the requirements of said Section. 10 are unjust, and it is doubtful whether the City of Beau.:nont has the right under the law to make the requirements exacted in Section 10 of said ordinance, and in order that such dealers, manufacturers and distributors may be duly licensed, to transact such business in the City of Beaumont under the other provisions.of said ordinance, creates an imperative public emergency -necessitating the suspension of the rule requiring ordinances to be read_ on three separate days before their final passage.Wherefore, such rule is hereby suspended and this ordinance repealing Section 10 of the ordinance referred to in the caption hereof, shall take effect and be in force from and after its passage. Passed by the affirmative vote of all members of the City Commission of the City of Beaumont, Texas, this the day -of January, 1934. N .A 'Y 0 R e 3 AN ORDINANCE ADOPTING' THE 'PROVISIONS OF : ART-ICLE II OF HOUSE BILL NO. 77, CHAPTER , ACTS OF THE SECOND CALLED SESSION OF THE :44TH - LEGISLATURE, IN SO FAR AS 'SAID PROVISIONS ARE `APPLICABLE, .LEVYING AND ASSESSING LICENSE FEES 'AGAINST PERSONS ACTING AS -MANUFACTURERS, DISTRIBUTORS, OR, RETAILERS. OF BEER; PRESCRIBING: THE METHOD FOR OBTAINING .LICENSES, 1WHEN THE SAME. SHALL .TERMINATE AND OBTAINING RENEWALS THEREFOR-; MAKING IIT -'THE DUTY OF' THE HEALTH OFFICER TO INSPECT -ESTABLISHMENTS DOING .BUSINESS HEREUNDER; PRESCRIBING CERTAIN CONDITIONS PREREQUISITE TO:OBTAINING LICENSES HEREUNDER; PROHIBITING THE SALE OF BEER WITHIN 300' FEET OF' -ANY- SCHOOL OR- OTHER EDUCATIONAL INSTITUTION; PRESCRIBING PENALTY' FOR THE , VIOLATION- OF -THE TERrQS OF THIS ORDIISTAiUCE; PROVIDING FOR CANCELLATION. OF --LICENSES.; -PROVIDING THAT THE INVALIDITY OF ANY' SECTION ;OF THIS ORDINANCE.. SHALL NOT" AFFECT THE ' VALIDITY .OF THE REMAINING PORTION. HEREOF; . DECLARING':AN EIVi�RGENOY . AND REPEALIivG ALL ORDINANCES IN CONFLICT BEREWITH. BE IT ORDAINED -BY THE.CITY COMMISSION OF THE CITY OF BEAUMONT, TEXAS Section 1. This ordinance is passed pursuant to and is referable -to section II of -House Bill No. 77, Chapter , Acts .of the- Second. -Called Session of the -44th Legislature, '.and except as hereinafter provided, the provisions - of - said Act are hereby- adopted insofar as the same are. . applicable,. and shall govern: the administration and -- e nf or c eme nt nal--enforcement of this .ordinance.." Section. 2. For the .purpose :.of- thi.s'..ordinance- °.the =terms ."person" ��beer" «manufacturer�r,,."general distributor", "local distributor" and "retail dealershall be -,used in the -same sense -and be defined as said terms arev.defined, in--theAct, referred to in Section 1 of - -this ordinance. Section 3. It shall be unlawful for -any person- to manufacture or brew, for the. purpose . pf- sale,, or to sell, or distribute. any, beer . `within the corporate, limits of the- City of. Beaumont without first having applied for and -secured a license as required by this o.rdinance. Section 4. Before any license required by'this ordinance shall be issued, -the license fee required therefor and which.is hereby levied and assessed shall be paid to -tris -Assessor and Collector of'Taxes for the C it of .Beaumont. Annual fees required -for a. licensee shall be as follows; ('a) For a- license- authorizing the manufacture_. and sale by a manufacturer :having -'a place- of, business within the corporate limits- of. the City. of Beaumont-, Two Hundred Fifty Dollars. 0250.00). (b) °::For a license 'to _a. general- distributor having a place of business . rithin the corporate limits of the, City 'of Beaumont, One Hundred Dollars .($100.00) . (c) For' a li-cense to a local -..distributor having a,plade of business within the -corporate limits of the City of Beaia.mont.. Twenty-five Dollars ($25.00) . (d) For a .license authorizing the sale of beer by retail , dealer. for consumption on. or off the premises ,where sold, Twelve and 50/100 Dollars ($12.50). (e) . -'For, a -license-authorizing: the sale of :beer: by ;a . retail' dealer: in the original 'conta:iner ".direct. to the consumer:, : :but not for,_resale _•and. not"•,'t:o .be consumed `on. the--premise.s% where sold;_ Five', Dollars ($6.-004 _ = S ec:t.i-on. 5:.. All -licenses issued under. th6 terms- of this ordinance 'shall terminate one'(1) 'year from the (late. issued and no .license'.shall be issued" for a longer term than-- one, ,(.l). .year; provided. that no'': license issued under ahe. terms of ,this .ordinance shall., continue- for- a longer- `period of- time , than..the state license •upon i "birch the'- same" isbased.= : Section.,, Any person. desiring a: license. as a manufacturer;- 'dis tributor,,. or dealer" ' dia11_ make- •applic ati:ori . therefor to-the Assessor. and Collector of ,Taxes •for the City- of:Beaumont by� filing with said: officer �a' true and correct copy of .the .-petition required to be filed. by, the applicant with: the County Judge of "Jefferson : - County, Texas,. in order- to :obtain a state license-..': Upon receiving satisfactory evidence _that the applicant has been. duly licensed .by the State of`Texas:-and on r.ece.ipt of. ui the proper license fee.. reqred -by this or.dinance,:; the Assessor_and�Colleetor of =Taxes shall forth -- With is.sue..to-,- the•'applicarit.• the groper license, :which shall be. sign- ed by. him, • be-. -under, the seal . of his office,. , be dated, - state -on."-its. : face for, what purpose it is issued:, date.when it. will expire, by whom':and ;where- such business is to:be -,conducted, ahall describe- the ' place W" here same is -kept. and -whether li-censee .is• authorized to..-act' o: act as:•man"ufacturer, general -dis.tributor; local -distributor., or retail dealer.-of beer -as :set out: in the 'app.lication. Section.7. : Each and- every person owning a license .is sued under . the terms- of. this- ordinance mayApy.written-application.filled vdth the Assess ;o.r-and;-Collector,of . Taxes for: -the : Git.y. oof'.-. Beaumont not more'.'` _than thirty (_S0): day-s . pri.or". to • tYie .' date 'o.f the ,•expiration• of .a license-. held. by, him,.renes' such .license so held =b) -.him. Such applica= : tion shall be.:. in the same =f orm -as .required _ to be, f iled by the Applic ant with the: Tax Collector of�:Jeffer-son .County, in order, to .renew his state., l cense. Upon the :presentation. of-such application:. f-or--re;-. ne.�wal of "license, to$ether, .With the sum .required-by this ord-inance - cls -an annual license.--and the_presentation` of the renewal license -issued: to Applicant by the Stat-e of, -Texas; accompanied .als-o` b'y, fee of One : .:01.-00) . Dollar; which,`sum"• shall bein addition to the amount t 'this' ordinance required;. to be paid. for "the. annual lieeris:e, as a renewal fee charge;- the Assessor and Collector.-,of Takes -for the.City of Beau Mont shall. forthwith 'issue ..such. renewal. license iii' the: proper .form: No manufacturer, . general` distributor- local distributor, or retail-dealer,: shall carry. on such busine-.s s at more than one place under the same -license; -but a. separate-license--must be, obtain- ed,_-for each-place of business. = : Section 9. It is hereby" made, the duty of:.thee--Health :Officer of -.the -0-ity- of .Be'aumont;. ;or some deputy,-to-be 'designated by,him to ,enter into -and inspect aS..often as the occasion".demands, 'all manufacturing., 'distributing, and retailing, ,estaiblishments candling beer under the terms of this ordinance; in_ order to enforce' the .health and sanitary .ordinances `of the C,ty.of Beaumont... Y : _ _.Section 10..` If an'y per'sori manufactures, 'distributes, °or Sells beer -in the,:C.ity,of:Be:aumont as ,a'manufacturer.;-di stributor,;or r-etail `dealer without -then and there having- the•. proper license therefor as: `requir.ed by this: ordinance; he shall be .guilty of .a misdemeanor and upon conviction shall be punished by.a fine of not less than Twenty-five Dollars - ($25.00) nor more. than Two Hundred Dollars (U'200.00), and each day's violation hereof shall constitute a separate offense. Section 11. Any person required to obtain a license hereunder who shall fail to keep the, same displayed in a -conspicuous place in the establishment where such business is conducted, shall be guilty of a misdemeanor- and upon conviction shall be punished by a fine not to exceed Twenty-five Dollars ($25.00), and each day's viola- tion hereof shall constitute a separate offense.. Section 12. It shall be unlawful for any dealer to sell beer with- in three hundred (300) fe-et of any school or other educational institution, the measurements to -be along the property lines of the street fronts 9 and from front door to front door, and in'a direct line across intersections where they occur. Any person violating -the provisions of this. section shall b -e guilty of a misdemeanor and upon conviction. shall be punished by a fine of not to'.ehceed Two Hundred Dollars ($200.00) and each day's_ violation hereof shall constitute a separate offense. Section 13. If -any manufac-Curer, distributor or dealer in beer i n the City of Beaumont shall violate any provision of. this ordinance and of the State law applicable thereto, or shall violate any of the -health or sanitary -ordinances or regulations of the City .of - Beaumont, the' City.Commission of .the City of Beau- mont, after due hearing, shall have the right to cancel the license- of such offender, after which he -shall not manufacture, distribute, or sell beer in the City of .Beaumont for one (1) year and shall not be issued, another license therefor until the expiration of one year thereafter. Section 14. In case any section of this ordinance shall here- after be declared for any reason null and -void, or inoperative,. such holding shall not affect the other portions -or sections. hereof, which shall remain in .full. force and effect. Section 14-A All ordinances and parts of ordinances of the City of Beaumont, in, conflict with this ordinance are hereby express- ly repealed insofar as the; so conflict. Section 15. The fact that Article II of House Bill 'No. 77,Chapter of the Acts of the Second Called Session of - the 44th . egZT�is ature by express terms repealed Chapter 116. of .the Acts of the Regular -Session -of the 43rd Legislature and thereby ren= d.ered nugatory ' the ordinance ' of the City of Beaumont controlling - the sale of beer passed on the. 29th day of --August; A. D. 1933, which controlled .the sale of said. beer during- the entire year, of 1935, and the fact that it is necessary to immediately take proper action 'in order -to license manufacturers, distributors and retailers of beer in the City, of Beaumont, who are'' already in .business and who may desire- to begin operation in order that the same may be duly licensed to transact said business upon the effective date of the Act referred. -to in Section 1 hereof, No Text