[CC 1976 §610.010; Ord. No. 703 §40, 1-28-1958]
For the purpose of this Chapter, the following terms shall have the meanings, respectively assigned to them as follows:
- INTOXICATING LIQUOR, PERSON AND PREMISES
- As used hereafter, shall have the same meaning assigned them in Chapter 600 of this Title.
- NON-INTOXICATING BEER
- Any beer manufactured from pure hops, or pure extract of hops, and pure barley, malt, and other wholesome grains or cereals, and wholesome yeast and pure water, and free from all harmful substances, preservatives and adulterants, and having an alcoholic content of more than one-half of one percent (0.5%) by volume, and not exceeding three and two-tenths percent (3.2%) by weight.
- ORIGINAL PACKAGE
- Any package containing three (3), six (6), twelve (12), or twenty-four (24) small standard beer bottles or cans, and any package containing three (3), six (6), or twelve (12) large standard beer bottles or cans, when such bottles or cans contain non-intoxicating beer as defined by this Chapter.
- TRANSPORTATION COMPANY
- Any individual or individuals, or incorporated or unincorporated company, engaged in the business of transportation for hire of goods and merchandise by use or by means of any vessel, railroad car, motor vehicle, aeroplane, or other means of conveyance whatsoever, to whom or to which any of the provisions of this Section applies or may apply.
[CC 1976 §610.020; Ord. No. 703 §34, 1-28-1958]
Beer having an alcoholic content of not less than one-half of one percent (0.5%) by volume and not exceeding three and two-tenths percent (3.2%) by weight is hereby declared to be non-intoxicating beer, and may be lawfully manufactured, sold, transported, and consumed in, into, or out of this City, subject to the provisions of this Chapter.
[CC 1976 §610.030; Ord. No. 703 §35, 1-28-1958]
It shall be unlawful for any person in this City to manufacture or brew or sell, either at wholesale or at retail in the original package, or by the drink to be consumed on the premises where sold, except as hereinafter provided, without having first applied for, and obtained, a license as required in this Chapter authorizing such brewing, manufacture and sale or sales, thereof.
[CC 1976 §610.040; Ord. No. 703 §36, 1-28-1958]
All licenses issued pursuant to the provisions of this Chapter shall be issued by the City Clerk, but no license shall be issued by said City Clerk except with the approval of the Board of Aldermen given at a regular or special meeting of the Board, and no license for which license fees are fixed in this Chapter shall be issued, except upon the payment of the license fee prescribed in this Chapter; Provided however, that any person holding a license to sell intoxicating liquors at retail, either in the original package or by the drink to be consumed on the premises where sold, pursuant to the provisions of Section 600.020 regulating the sale of such intoxicating liquors, may sell on the premises described in such license, non-intoxicating beer, without obtaining the license required by this Chapter.
[CC 1976 §610.050; Ord. No. 703 §37, 1-28-1958]
A separate license shall be issued for each place of business, and no person, nor the agent or employee of any person in any capacity, shall sell non-intoxicating beer in any other place than that designated in the license.
[CC 1976 §610.060; Ord. No. 703 §38, 1-28-1958]
Annual fees for licenses authorized by this Section shall be as follows:
For a permit authorizing the manufacture or brewing of non-intoxicating beer brewed or manufactured in this City, two hundred fifty dollars ($250.00).
For a license authorizing the sale in this City by any distributor or wholesaler other than the manufacturer or brewer thereof, of non-intoxicating beer, fifty dollars ($50.00).
For a license authorizing the sale of non-intoxicating beer at retail for consumption on the premises where sold, twenty-five dollars ($25.00).
For a license authorizing the sale of non-intoxicating beer by grocers and other merchants and dealers for sale in the original package direct to the consumer, but not for resale, and not to be consumed on the premises where sold, fifteen dollars ($15.00).
[CC 1976 §610.070; Ord. No. 703 §39, 1-28-1958]
A license to brew or manufacture non-intoxicating beer in this City shall be construed to authorize the sale by the holder of such license of such non-intoxicating beer to distributors or wholesalers for resale to retailers only, or direct to retailers. A license authorizing any distributor or wholesaler to sell non-intoxicating beer in this City shall be construed to authorize the sale thereof only to persons authorized to sell non-intoxicating beer to consumers not for resale; but no such license, either to manufacture, brew, or sell at wholesale shall be construed to authorize the sale by the holder of any such license of non-intoxicating beer direct to consumers.
[CC 1976 §610.080; Ord. No. 703 §41, 1-28-1958]
No person holding a license issued pursuant to the provisions of this Chapter to sell non-intoxicating beer at retail, either in the original package or for consumption on the premises, shall have or keep, or secret, on or about the premises described and covered by such license, any intoxicating liquor of any kind or character; nor shall any manufacturer or wholesale distributor sell any intoxicating liquor of any character containing alcohol in excess of three and two-tenths (3.2%) percent by weight to any person holding a license issued pursuant to the provisions of the Chapter to sell non-intoxicating beer only, either in the original package or to be consumed upon the premises where sold.
[CC 1976 §610.090; Ord. No. 703 §42, 1-28-1958]
It shall be unlawful for any person to sell or offer for sale in this City any non-intoxicating beer except the same shall be sold or offered for sale in the original bottle or can or in the original package containing bottles or cans bearing the original label and full name of the brewer or manufacturer thereof, both upon the label, upon the bottle or can, and upon the cap or cork of such bottle or can, or in the case of the sale of non-intoxicating beer on draught, except the same to be drawn from the original keg or barrel having stamped on the ends thereof the full name of the manufacturer or brewer of the non-intoxicating beer contained therein.
[CC 1976 §610.100; Ord. No. 703 §43, 1-28-1958]
It shall be the duty of each holder of a license authorizing the manufacture and sale, or sale, at wholesale, of non-intoxicating beer on or before the fifth (5th) day of each calendar month, to file in the office of the City Clerk a sworn statement showing the amount of non-intoxicating beer manufactured and sold, or sold, and to whom sold, during the next preceding calendar month.
[CC 1976 §610.110; Ord. No. 703 §44, 1-28-1958]
Every railroad company, express company, aeroplane company, motor transportation or other transportation company and every person, whether a corporation or individual, who shall transport any non-intoxicating beer into this City and deliver the same to any person therein, shall, when requested, furnish the City Clerk a duplicate bill of lading or receipt for such non-intoxicating beer, showing the name of the consignor and consignee, date, place received, and quantity of non-intoxicating beer, and any such corporation or other person failing to comply with the requirements of this Chapter shall forfeit and pay to this City the sum of fifty dollars ($50.00) for each such failure, and the City of Shrewsbury shall have authority to prosecute an action for the recovery thereof in any court of competent jurisdiction.
[CC 1976 §610.120; Ord. No. 703 §45, 1-28-1958]
Any license issued under the provisions of this Chapter authorizing the sale of non-intoxicating beer at retail for consumption on the premises described in such license shall be construed to authorize the sale of such non-intoxicating beer by the bottle or can, by the glass, on draught, and in the original package.
[CC 1976 §610.130; Ord. No. 703 §46, 1-28-1958]
It shall be unlawful for any person authorized to sell non-intoxicating beer in the original package to allow such original package to be broken, or to allow any of such non-intoxicating beer to be consumed, in or upon the premises where sold.
[CC 1976 §610.140; Ord. No. 703 §47, 1-28-1958]
It shall be the duty of every holder of a license to manufacture and sell, or to sell, non-intoxicating beer to use every precaution to prevent any person on the premises described in such license from pouring into, mixing with, or adding to, such non-intoxicating beer any alcohol or other liquid, or any alcohol cube or cubes, or other ingredient or ingredients that will increase, or tend to increase, the alcoholic content of such non-intoxicating beer.
[CC 1976 §610.150; Ord. No. 703 §48, 1-28-1958]
Brewers or manufacturers of non-intoxicating beer, or the employees, officers, agents, subsidiaries of affiliates thereof, shall not, under any circumstances, directly or indirectly, have any financial interest in the retail business for the sale of such non-intoxicating beer, nor shall they, directly or indirectly, lend, give away or furnish equipment, money, credit, or property of any kind, except ordinary commercial credit, for such non-intoxicating beer sold to such retailers. All contracts entered into between such brewers or manufacturers, or their officers or employees, directors or agents, in any way concerning any of their products, obligating any retail dealer or dealers to buy or sell only the products of any such brewer or manufacturer, or obligating any such retail dealer to buy or sell the major part of such products required by such retail dealer from any such brewer or manufacturer, shall be void, and proof of the execution of such contract shall be grounds for revoking the license of both the vendor and the vendee.
[CC 1976 §610.160; Ord. No. 703 §49, 1-28-1958]
No person shall possess non-intoxicating beer within this City unless the same has been acquired from some person duly authorized to sell the same, and the package in which such non-intoxicating beer is contained and from which it is taken for consumption has, while containing such non-intoxicating beer, been labeled and sealed as provided by this Chapter.
[CC 1976 §610.170; Ord. No. 703 §50, 1-28-1958]
No license issued under this Chapter shall be transferable or assignable.
[CC 1976 §610.180; Ord. No. 703 §51, 1-28-1958]
It shall be the duty of every manufacturer or brewer manufacturing or brewing non-intoxicating beer in this City and of every manufacturer or brewer, distributor, or wholesaler outside of the City shipping any non-intoxicating beer into this City for sale therein at wholesale or retail, to cause every bottle, barrel, keg, and other container of such non-intoxicating beer to have on the label thereon, in plain letters and figures, "Alcoholic content not in excess of four percent (4%) by volume," or "Alcoholic content not in excess of three and two-tenths percent (3.2%) by weight". Any beer not so labeled shall be deemed to have an alcoholic content in excess of three and two-tenths percent (3.2%) by weight, and the sale thereof in this City shall be subject to all the regulations and penalties provided in Chapter 600 for the sale of beer having an alcoholic content in excess of three and two-tenths percent (3.2%) by weight.
[CC 1976 §610.190; Ord. No. 703 §52, 1-28-1958; Ord. No. 2369 §1, 9-23-2003; Ord. No. 2372 §3, 10-8-2003]
No person having a license under this Chapter shall sell, give away or otherwise dispose of or suffer the same to be done on his/her premises any non-intoxicating beer in any quantity between the hours of 1:30 A.M. and 6:00 A.M.
[CC 1976 §610.200(A); Ord. No. 703 §53, 1-28-1958; Ord. No. 1191 §2, 3-11-1975]
Sales To Minors And Drunkards Prohibited. No person or his/her employee shall sell or supply non-intoxicating beer or permit same to be sold or supplied to an habitual drunkard or to any person who is under or apparently under the influence of alcoholic beverages. Non-intoxicating beer shall not be given, sold or otherwise supplied to any person under the age of twenty-one (21) years, but this shall not apply to the supplying of non-intoxicating beer to a person under said age for medicinal purposes only, or by the parent or guardian of such person or to the administering of said non-intoxicating beer to said person by a physician.
Purchase Or Possession By Minor. Any person under the age of twenty-one (21) years, who purchases or attempts to purchase, or has in his/her possession, any non-intoxicating beer as defined in Section 605.010, is guilty of a misdemeanor. For purposes of prosecution under this Section or any other provision of this Chapter involving an alleged illegal sale or transfer of non-intoxicating beer to a person under twenty-one (21) years of age, a manufacturer-sealed container describing that there is non-intoxicating beer therein need not be opened or the contents therein tested to verify that there is non-intoxicating beer in such container. The alleged violator may allege that there was not non-intoxicating beer in such container, but the burden of proof of such allegation is on such person, as it shall be presumed that such a sealed container describing that there is non-intoxicating beer therein contains non-intoxicating beer.
[CC 1976 §610.210; Ord. No. 703 §54, 1-28-1958]
Every person obtaining a license under this Chapter to sell non-intoxicating beer by the drink at retail, to be consumed at the place where sold except hotels, clubs and restaurants, shall conduct such business in a single room located on the ground floor immediately abutting on the public street, and no such place shall be equipped with blinds, screens, swinging doors, or any other thing in such room that will obstruct or obscure the interior of such room from public view from the street.
[CC 1976 §610.220; Ord. No. 703 §55, 1-28-1958]
No place wherein non-intoxicating beer is sold at retail by the drink shall have any gambling or gaming device whatsoever, and no place where non-intoxicating beer is sold therein at retail shall have therein any tables concealed or enclosed in private rooms or by partitions or rooms.
Any person holding a license to sell non-intoxicating beer by the drink at retail who shall suffer or permit any child under the age of sixteen (16) years to be employed or work in, or in connection with, any entertainment or cabaret conducted in any place wherein non-intoxicating beer is sold by the drink at retail shall thereby suffer the revocation of his/her license to sell non-intoxicating beer by the drink at retail.
[CC 1976 §610.230; Ord. No. 703 §56, 1-28-1958]
No license shall be granted for the sale of non-intoxicating beer at retail by the drink for consumption at the place where sold in a building occupied or used for an immoral or unlawful purpose, nor in any room or portion of a building connected by any entrance or exit, or other means of communication, with any room or place used for immoral or unlawful purpose.
[CC 1976 §610.240; Ord. No. 703 §57, 1-28-1958]
All licenses issued pursuant to the provisions of this Code shall authorize the sale of non-intoxicating beer only at the place described in such license, and all such licenses shall be kept conspicuously posted in the place for which license was issued.
[CC 1976 §610.250; Ord. No. 703 §58, 1-28-1958]
Any person holding a license issued pursuant to the provisions of this Code and who violates any of the terms of this Chapter, shall, in addition to other penalties herein provided for, and in the discretion of the Board of Aldermen, suffer the revocation of the license of such person, or the suspension of such license, for not exceeding ten (10) days, and whenever any license issued pursuant to the provisions of this Chapter shall be revoked because of any violation of the provisions of this Chapter, no other or additional license shall be issued to the same person on any other premises for a period of one (1) year from the date of the revocation of said license.