Proposed Beer Ordinance

AN ORDINANCE ADOPTING PROPER RULES AND REGULATIONS FOR THE SALE OF BEER AND LIGHT WINE OF AN ALCOHOLIC CONTENT OF NOT MORE THAN FIVE PER CENTUM BY WEIGHT

WHEREAS, the State of Mississippi has granted to the State Tax Commission extensive regulatory powers and responsibilities over the sale and distribution of alcoholic beverages, beer, and light wine, which have been delegated to the Alcoholic Beverage Control Division under Miss. Code Ann. §§67-1-1, etseq. (1972, as amended) and Mm. Code Ann. § 67-3-l,etseq.( 1972, as amended); and

WHEREAS, the authority of a municipality to regulate the sale of beer and light wine is limited by law under Miss. Code Ann. §67-3-65 (1972, as amended) to enforcing sucfrproper rules and regulations for fixing zones and territories, prescribing hours of opening and closing, and for such other measures as will promote public health, morals, and safety as they may by ordinance provide; and

WHEREAS, the Mayor and Board of Aldermen believe it is in the best interest of the City of Water Valley to adopt an ordinance under the authority of Miss. Code Ann. §67-3-65 (1972, as amended) for fixing zones and territories, prescribing hours of opening and of closing, and for such other measures as will promote public health, morals, and safety, as they may by ordinance provide, as they may by ordinance provide;

BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF WATER VALLEY, MISSISSIPPI, that the following be adopted as the Water Valley Beer Ordinance:

SECTION 1; DEFINITIONS.

When used herein, the words and terms “person”, “consumer”, “retailer”, “wholesaler”, “sale”, “light wines or beer”, and “distributor” shall have the definitions as defined and described

in Miss. Code Ann. §27-71-301, which said definitions as contained in said section of said act are hereby adopted for the purposes of this article. For the purposes of this article, the term “bartender/server” shall mean any person whose employment requires him or her to sell or serve beer and/or light wine or alcohol directly to the public. However, persons whose employment requires only that he or she clear or bus tables that have glasses or other containers that contain or did contain alcoholic beverages, or stocking, bagging or otherwise handling purchases of alcoholic beverages, and/or that he or she wait on tables by taking orders for or delivering orders of alcoholic beverages, shall not be included in the definition of “bartender/server.”

SECTION 2: PRIVILEGE LICENSE REQUIRED.

(A)      Privilege License required.    Any person or entity desiring to engage in the business of selling beer and/or light wine at retail shall pay the City a privilege license tax in the amount as that imposed by Miss. Code Ann. § 27-71-303, § 27-71-345, and § 67-3-27 for the purpose of engaging in such business and shall file with the City Clerk an application showing that such person possesses all the requirements provided for in this article. Such applicants shall exhibit a permit as required by Miss. Code Ann. § 67-3-17 and § 67-3-23. All such City privilege licenses shall be applied for and renewed annually. It shall be unlawful for any person to engage in the business of the retail sale of beer and light wine without having first applied for and obtained from the City Clerk a privilege license to engage in such business.

(B)       Application for Privilege License.    Any person or entity desiring a license to sell beer and/or light wine at retail or desiring to renew such a license to sell beer and/or light wine shall file an application with the City Clerk in the form of a sworn statement giving the name of the business, its location, the mailing address, and, if a partnership or firm, the name and address of each

partner or member, and, if a corporation, the names of two principal officers and the nature of business in which engaged. In case any business is conducted by the same person or entity at two (2) or more separate places, a separate license for each place of business shall be required. The applicant shall further show in the sworn application for a license that the applicant and/or its principals (as identified below) possess the following qualifications:

(1)       Over 21 years of age and a person of good moral character;

(2)       No convictions in this or any other state of a felony or of pandering, or of keeping or maintaining a house of prostitution; and

(3)       No revocation of any license or permit to sell alcoholic liquors,43eer, or light wine, pursuant to the laws of this City, this state or any other state, or of the United States, within two (2) years preceding the date of application.

If applicant is a partnership, firm, or limited liability company, all members of the partnership, firm, or limited liability company must be named and must meet the above-listed qualifications. If the applicant is a corporation, all officers and directors thereof, and any stockholder owning more than five percent (5%) of the stock of such corporation, and the person who shall conduct and maintain the licensed premises for the corporation shall possess all the qualifications required herein for an individual licensee.

Discovery of any false statement made on the application or during the application process shall be grounds for immediate revocation of the privilege license. The licensee shall retain a list of all persons employed by the licensee who sell and/or serve beer and/or light wine, including with the list the name, address and age of each such employee, and such list shall be made available upon request of municipal authorities.

SECTION 3: TERRITORY WHERE SALE IS PROHIBITED.

(A)      On-premises Consumption.   No beer or light wine shall be sold for on-premises consumption within two-hundred and fifty (250) feet of the property line of any church or school property functioning as a church, school, or child care facility and adjacent parking. This distance shall be measured by proceeding on foot from the nearest point of the building where beer or light wine is sold to any church or school property functioning as a church, school or child care facility and parking lots adjacent to these primary facilities.

(B)       Off-premises Consumption.   No beer or light wine shall be sold for off-premises consumption within one-hundred (100) feet of the property line of any church or school property functioning as a church, school or child care facility and parking lots adj acent to these facilities. This distance shall be measured by the same criteria as listed in Subsection (a) above.

SECTION 4: RESTRICTIONS ON SALE OF BEER AND LIGHT WINE.

(A)      Hours.   No beer or light wine shall be sold, given or dispensed or permit to be consumed in or upon a licensed premises, any light wine or beer during the days, Monday through Saturday between the hours of 12 Midnight and 7 a.m. or on Sundays or such other times as the mayor and board may designate with the approval of the Mississippi State Tax Commission.

(B)       Sale of refrigerated wine or beer. It shall not be lawful to sell, give or dispense or permit to be consumed any light wine or beer which has been refrigerated, except by those holding an on-premises retailer’s permit issued by the Alcoholic Beverage Control Division of the State Tax Commission of the State of Mississippi.

(C)       On-premises Kitchen Facilities Required.     No owner, proprietor, manager or employee of any establishment which has a privilege license authorizing the sale of light wine or beer at retail shall allow beer or light wine to be sold for on-premises consumption unless the seller has suitable kitchen facilities on the licensed premises to provide for the preparation, cooking and serving of food so that the food sales generate 25% of gross revenue.

(D)      Drive-in Sales Prohibited. It shall be unlawful to sell beer or light wine through a drive-in window sales facility or a drive-through “beer barn” within the municipal boundaries of the City of Water Valley.

(E)       Advertising signs. No owner, proprietor, manager or employee of any establishment which has a privilege license authorizing the sale of light wine or beer at retail_shall display any outside sign or signs advertising the sale of light wine or beer within the City.

(F)       Furnishing to minors. No owner, proprietor, manager or employee of any establishment which has a privilege license authorizing the sale of light wine or beer at retail shall sell, give or furnish in any manner any light wine or beer at any time or place to any person under twenty-one (21) years of age, or to knowingly sell, furnish or give the same to any person for delivery to such minors, unless authorized pursuant to Miss. Code Ann. § 67-3-54.

(G)       Selling, giving to mentally incompetent or intoxicated persons. No owner, proprietor, manager or employee of any establishment which has a privilege license authorizing the sale of light wine or beer at retail shall sell, give, or furnish in any manner any light wine or beer at any time or place to any person who is known to be insane or mentally incapacitated, or to any person who is visibly intoxicated, or to knowingly sell, furnish or give the same to any person for delivery to such persons.

(H) Employing persons with violations of this Ordinance of applicable law. No owner, proprietor, manager or employee of any establishment which has a privilege license authorizing the sale of light wine or beer at retail shall employ as a bartender/server any person who has been convicted of two (2) or more violations of this Ordinance or any provisions of Mississippi law governing the sale of light wine or beer within the last six (6) months. It shall be the responsibility of the licensee/employer to conduct routine background checks of its bartenders/servers to ensure compliance with this Section 4.

(I) On-premises retailer’s permit. No owner, proprietor, manager or employee of any establishment which has a privilege license authorizing the sale of light wine or beer at retail shall permit the consumption of light wine or beer on the premises of any retail establishment unless such establishment holds an on-premises retailer’s permit issued by the Alcoholic Beverage Control Division of the State Tax Commission of the State of Mississippi.

(J) Lewd, immoral practices. No owner, proprietor, manager or employee of any establishment which has a privilege license authorizing the sale of light wine or beer at retail shall permit in his or her presence any lewd, immoral or improper entertainment, conduct or practices.

(K) Disorderly conduct: disturbing the peace. Permit loud, boisterous or disorderly conduct of any kind upon his premises or to permit the use of loud musical instruments as to disturb the peace and quietude of the community wherein such business is located.

(L) Gambling operations. No owner, proprietor, manager or employee of any establishment which has a privilege license authorizing the sale of light wine or beer at retail shall permit or suffer gambling or the operation of games of chance upon the licensed premises.

SECTION 5: CONSUMPTION PROHIBITED ON PUBLIC PROPERTY.

It shall be unlawful for any person to have in his/her possession or to consume light wine or beer in the city hall, municipal buildings, municipal school buildings, stadiums, any public playgrounds, public parks, or clubhouses situated therein, or any fire station, or any golf course, or on any public grounds, buildings, parks, and places owned, maintained and operated directly by the City of Water Valley.

It shall also be unlawful for any person to have in his/her possession or to consume light wine or beer on public property, including buildings, parking lots, sidewalks, streets, and parks within the municipal boundaries of the City of Water Valley.

SECTION 6: EMPLOYMENT OF CERTAIN PERSONS

A person who is under twenty-one (21) years of age shall not be deemed to unlawfully possess or furnish light wine or beer, if in the scope of his employment such person:

(A)      Clears or buses tables that have glasses or other containers that contain or did contain light wine or beer;

(B)       Waits on tables by taking orders for light wine or beer; or

(C)       Stocks, bags or otherwise handles purchases of light wine or beer at a store. SECTION 7 : COMPLIANCE WITH STATE LAW REQUIREMENTS

No permit or license required by this Ordinance shall issue to any person unless satisfactory evidence is furnished to the Tax Collector of the City of Water Valley that such person has complied with the requirements of state law, and if the permit required by state law is at any time revoked, the said revocation shall operate as a cancellation and forfeiture of the rights or persons holding a permit or licence under the terms hereof.

SECTION 8: DISCONTINUING OPERATIONS DURING EMERGENCY In the event of any disturbance, uprising or riot, or any other emergency of life, property or public safety, the Mayor may require the Chief of Police to prompltly order any and all places in the city where anmy light wine or beer is consumed, sold or otherwise dispensed to discontinue the sale of light wine and/or beet for the period of such emergency.

SECTION 9: PUBLIC DRUNKENNESS

It shall be unlawful for any person to appear in any public place or on any public street in a drunken condition, and it shall be the duty of the police officers of the City of Water Valley to immediately remove and jail any such person.

SECTION 10: PENALTIES

(A)      Possession by Minors.   It shall be unlawful for any person under the age of twenty-one (21) years to purchase consume or have in his/her possession any light wine or beer, unless authorized by Miss. Code Ann. § 67-3-54. The penalty for violating this provision shall be a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500) and a sentence to not more than thirty (30) days of community service. The judge may in his/her discretion accept, in lieu of community service, a certificate indicating the individual has successfully completed an alcohol and/or drug education program or treatment program, at the expense of the individual.

(B)       Minors giving false identification. It shall be unlawful for any person under the age of twenty-one (21) years to make a false statement as to his or her age for the purpose of obtaining light wine or beer. The penalty for violating this provision shall be a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500) and a sentence to not more

than thirty (30) days community service. The judge may in his/her discretion accept, in lieu of community service, a certificate indicating the individual has successfully completed an alcohol and/or drug education program or treatment program, at the expense of the individual.

(C)       Individuals or entities holding retail beer and light wine privilege licenses. In addition to any other penalties prescribed by law, any business entities violating the provisions of Section 4 above shall be subject to the following penalties:

(i) First offense. A beer and light wine privilege licensee that violates the provisions of Section 4 above may have such license suspended for a period of up to two (2) weeks.

(ii) Second offense. A beer and light wine privilege licensee that violates the provisions of Section 4 above a second time within 365 calendar days of the first offense may have such license suspended for a period of up to three (3) weeks.

(iii) Third offense. A beer and light wine privilege licensee that violates the provisions of Section 4 above a third time within 365 calendar days of the first offense shall have its license revoked. The licensee may re-apply for such license, pursuant to the requirements of Section 2 above , after two (2) years from the date of the third violation that led to such revocation.

(D)      Bartenders/servers.     In addition to any other penalties prescribed by law, any bartender or server who in any way violates the provisions of Section 4 above in his or her capacity as a bartender or server, shall be guilty of a misdemeanor and may be fined not exceeding the sum of Five Hundred Dollars ($500.00), or sentenced to serve not exceeding ninety (90) days in jail, or both. Further, any violation of a bartender or server of any establishment holding a privilege license

pursuant to Section 2 shall also be considered an offense of the establishment as defined in part (b) above.

SECTION 11: VIOLATION; REVOCATION OF LICENSE

Any violation of the provisions of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or imprisonment in the County Jail for not more than one (1) year, or both, as provided by Miss. Code Ann. §67-3-15 (1972, as Amended). In addition, any privilege license issued to such person by the City of Water Valley may be revoked. Revocation of ABC permits is solely within the authority of the Mississippi State Tax Commission.

SECTION 12: SCHEDULE OF PRIVILEGE TAXES.

There is hereby imposed, levied and assessed to be collected and paid to the tax collector of the city annual privilege taxes on persons engaged in the sale or distribution of light wines or beer for the privilege of engaging in or continuing in such business in accordance with Miss. Code Ann. § 27-71-303, § 27-71-345, and § 67-3-27.

SECTION 13: SEVERABILITY.

The provisions of this Ordinance shall be separable and the invalidity of any of its Sections shall not affect the remaining sections.

SECTION 14: EFFECTIVE DATE

Given the subject matter of this Ordinance and the need for prompt and immediate regulation of same for the immediate and temporary preservation of the public peace, health and safety and for such other good and related causes, this Ordinance shall take effect and be enforced immediately.

The foregoing Ordinance, having first been reduced to writing, read and considered, was adopted in whole on motion first made by Alderman_______________, and seconded by

Alderman________________, and upon a vote of the Aldermen as follows:

Alderman Lance Clement voting____AYE_________.

Alderman Charles Harris voting_____AYE_______.

.    Alderman Sherry Martin voting ____AYE________.

Alderman Tommy Swearengen voting______AYE_____

Alderman Fred White voting___NO__

The Mayor thereupon declared said ordinance to be duly adopted on this the 18th day of December, 2007.

Mayor, City of Water Valley, Mississippi

Attest:

City Clerk, City of Water Valley, Mississippi

CERTIFICATE

I, Vivian Snider, Clerk of the City of Water Valley, Mississippi, certify that the above and foregoing ordinance was, on the 18th day of December, 2007, in a specially called Board meeting, adopted by the Mayor and Board of Aldermen of the City of Water Valley, Mississippi, as a whole, after having been first reduced to writing and read and thereafter considered.

Witness my hand and seal of the City of Water Valley, Mississippi on this the 18th day of December, 2007.

City Clerk

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