[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:
As used hereafter, shall have the same meaning assigned them in Chapter 600 of this Title.
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.
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.
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]
A.Â
Annual
fees for licenses authorized by this Section shall be as follows:
1.Â
For
a permit authorizing the manufacture or brewing of non-intoxicating
beer brewed or manufactured in this City, two hundred fifty dollars
($250.00).
2.Â
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).
3.Â
For
a license authorizing the sale of non-intoxicating beer at retail
for consumption on the premises where sold, twenty-five dollars ($25.00).
4.Â
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]
A.Â
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.
B.Â
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]
A.Â
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.
B.Â
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.
