[HISTORY: Adopted by the Village Council
of the Village of New Haven as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-9-1924 by Ord. No. 10]
No person, firm or corporation shall conduct
or maintain a so-called coffeehouse or place where beverages of the
kind called soft drinks are dispensed or sold within the limits of
the Village of New Haven without having obtained a license therefor
from the Village Council of the Village of New Haven.
For the purpose of this article, the following
terms shall have the meanings indicated:
A coffeehouse or other place where beverages of the kind
called soft drinks are dispensed is any room, place or building used
for the business of serving coffee or beverages of any kind.
No coffeehouse or place where beverages of any
kind called soft drinks are dispensed or sold shall be conducted or
operated in any part of any building in which such business in conducted
other than on the first or ground floor of the place or building in
which such business is conducted.
All places of business licensed under this article
shall during the hours prohibited to do business or be open have a
light burning in said place located in such position in such place
as to permit a clear view from the street of the interior of said
place of business. Said light, if electricity is used, shall be of
at least ten-watt power, or if gas, the equivalent of the same. Kerosene,
oil or candle light shall not be permitted.
All places of business licensed under this article
shall have either doors or windows so arranged that a clear view of
the interior may be obtained from the street after closing such business
places until they are reopened in the morning and during the prohibited
hours for doing business or being open as in this article specified.
No licensee operating under the provisions of
this article shall open his place of business or entertain customers
therein, or shall he permit persons to be therein or remain thereabout,
between the hours of 12:00 midnight and 6:00 in the morning of any
day, city time, provided that the Village Council, if the public good
demands it, permit business places operated solely as restaurants
and engaged exclusively and only in the serving of goods and beverages
connected with such business as the serving of goods and beverages
connected with such business as coffee, tea, milk, etc., and no other
beverages, to remain open during these prohibited hours; the time
of opening and closing, however, to be specified in the license.
Every person, firm or corporation desiring to
engage in or continue in the business of conducting a coffeehouse
or selling or serving soft drinks shall make application in writing
to the Village Council for a license for that purpose, stating the
street and location of the place where such business is to be carried
on, which application shall contain an agreement on the part of the
applicant that said applicant will accept the license, if granted,
upon the condition that it may be suspended or revoked at the will
of the Village Council. The fee for such license shall be $5. Such
license, when issued, shall state the street and location of the place
of business as designated in the application and shall be fastened
and hung up by the licensee in a conspicuous place in the room or
the places used for the business in the license described. No license
issued as aforesaid shall remain in force beyond the first Monday
of January next after the issuance of the same.
The Village Council is hereby authorized to
issue said license upon the making of the application as aforesaid
or to refuse to issue said license if, upon the proper showing, the
applicant is not the proper person or persons to conduct said place
of business or that said applicant has been convicted for the violation
of any of the terms of this article.
A.Â
If any licensee operating under the terms of this
article shall violate or fail to comply with any statute or Village
ordinance applicable to said license, such act or commission or the
part of said licensee shall be cause for the suspension or revocation
of such license.
B.Â
The Village Council may at any time suspend or revoke
any license granted under this article and order the business licensed
to be closed. All licenses granted hereunder are issued and accepted
with the understanding that they are subject to suspension or revocation
at the will of the Village Council, and in case of such suspension
or revocation, the Village Marshal shall cause to be served upon the
holder of the license so suspended or revoked, or the person in charge
of the business, notice in writing of such action of the Village Council.
Any person who shall carry on such business after the serving upon
him of such notice of suspension or revocation shall be guilty of
a violation of this article.
C.Â
Before any license granted under the provisions of
this article is suspended or revoked by the Village Council, charges
in writing shall be preferred against the licensee whose license it
is sought to suspend or revoke. A copy of such charges shall be served
upon such licensee, and he shall be given a hearing before the Village
Council with a reasonable opportunity to present evidence to meet
such charges.
All hotel keepers, innkeepers, pool and billiard
room keepers, garden keepers, grocers, druggists or other persons
who shall keep a bar in connection with their respective establishments
or who shall sell beverages by the cup, glass or bottle in any place
or space whatsoever in the Village of New Haven shall be deemed "persons
conducting or maintaining a place where beverages commonly called
soft drinks are dispensed or sold," within the meaning of this article,
and shall be subject to all its requirements, conditions, restrictions
and prohibitions, provided, that the Village Council may permit hotel
keepers to keep a bar to sell or dispense soft drinks on any other
floor than the first or ground floor of their hotel building and that
other provisions of this article respecting lights and arrangements
of curtains in doors and windows may be expressly waived by the Village
Council in the license issued to said hotel keepers. Nothing in this
article shall be construed as limiting the hours of opening or closing
hotels.
[Amended 1-13-2015 by Ord. No. 333]
Any person, firm or corporation who shall violate any of the terms or provisions of this article or shall fail to comply with the same shall, upon conviction thereon, be punished as set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven. This article shall take effect January 5, 1925.
