07/19/1937
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Ayes: Mr. Green
Mr. Marsh
Mr. Barry
Mr. Baker
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Nays: None
Absent and not voting: Mr. Batchelor
Whereupon the ma~or-comndssioner declared the ordinance unan~ous1~
adopted and signed the same. as :follows:
ORDINANCE NO. 421A
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.AN ORDINANCE PROVIDING FOR AND FIXING THE
AMOUNT OF LICENSE FEES TO BE PAID BY MANU-
FACTURERS, DISTRIBUTORS, VENDORS, CHARTERED
OR INCORPORATED CLUBS, SOCIAL CLUBS AND GOLF
CLUBS, 'OF BEVERAGES CONTAINING MORE THAN ONE
PER CENT OF ALCHOHOL BY WEIGHT, PROHIBITING
THE SALE OF ALCHOHOLIC BEVERAGES DURING CER..
TAIN HOURS, ,ESTABLISHIID ZONES, REGULAR ING
THE SALE AND DISTRIBUTION OF ALCHOHOLIC
BEVERAGES: AND PROVIDING BENALTIES FOR THE
VIOLATION OF THE TERMS OF THIS ORDINANCE.
BE IT ORDAINED BY TEE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLffi IDA:
Section 1. DEFI~ITION. For the purpose of this Ordinance the
term manufacturer, distributor, vendor, chartered or inoorpo-
rated clubs, social clubs and golf clubs, shall be defined as
they are defined by Chapter 16774, being House Bill No. 496,
Laws of Florida of 1935.
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Section 2. No person, association of persons or corporation
shall engage in the business of manufacturing, selling, barter-
ing or exchanging, or in anywise dealing in liquors, wines,
beers or other beverages containing more than one per cent of
alchohol by weight within the City of Clearwater, unless a City
license shall be secured from the City Clerk of this City, which
lice~e shall be issued to such person, association of persons
or oorporation pn receipt of the mnount hereinafter stated, and
the same shall be signed by the City Clerk and the City Manager
and shall have the City seal affixed.
Section 3. On and after October 1, 1937, the following license
tax shall be assessed and collected. Each vendor shall pay an
annual City license tax as follows:
(A) Vendors who may sell only be'verages containing
alchohol more than one per-' cen t by weight, and not more th8n
fourteen per cent by weight, and wines, regardless of alcho-
holia cOlltent . . . .'. . . . . . . . . . . . . . . . . . . . .$15.00
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(B) _, 'vendors operating places of business where
beverages other than wines containing alchohol of more
t~ fourteen per .ent are sold only in sealed containers
for consumption off the premises where sold . . . . . . . . . $450.00
(0) Vendors operating places of business where
oonsumption on ~e premises is permitted of beverages
. other than wine,S containing alchohol of more than four-
teen per cent by weight . . . . . . . . . . . . . . . . . . . $600.00
CD) Chartered 6r incorporated clubs, social
olubs and golf clubs 6\S defined by Section 10 of Chap-
ter 16774, Laws of Florida of 1935 . . . . . . . . . .
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$125.00 ..
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(E) Eaoh manufacturer engaged in the manu-
facture of beverages oontaining more than one per oent
of a1ohoho1 by weight shall pay an annual City 1icense
tax as fo11ows: .
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( a) If' engaged in the manufacture or wines
and of' nothing else . . . . . . . . . . . . . . . . . . . . .50.00
., ( b) If engaged in the manutac ture or wine s
and cordials and of nothing else . . . . . . . . . . . . .100.00
( c) If' engaged in the business of brewing
malt liquors and nothing else . . . . . . . . . . . . . . $'750.00
(d) If engaged in the business 'of' dist11~-
ing spiritous liquors and nothing else . . . . . . . . . $'750.00
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(e) If' engaged in the business of reo~1fy-
ing and, or blending spiri tuoue liquors and
nothing else . . . . . . . . . . . . . . . . . . . . . . $1250.00
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(F) Each distributor who aha11 sell beverages oontaining
alchohol of more than one :per cent by weight and not more than four-
teen per oent by weight, and wines, regardless of a1ohohb1ic oontent,
shall pay for each and every establishment or br~ch he may operate
or conduct an annual City License tax of $200.00.
(G) All other distributors for each mnd every est8b1~sh-
ment or branch they may operate or conduct sha.11 pa'Y an annual
City license tax of $1250.00.
Section 4. Licenses shall be issued only to persons of good morQ~
turpitude~ and who are not ~ess than twenty-one yea.rs of age.
Licenses to corporations shall be issued only to corporat~ons whose
directors and officers are persons of good moral character, and who
have not been convicted of any offense involving moral turp~t~e~
Section 5. Any person or corporation desiring to engage ~n any
of' the businesses described in this Ordinance prior to October 1.
1937. may secure a City J_icense upon payment of one-third of the
amount hereinbefore stated in this ordinanee. as J.lcense ~ax for
such business. Any city license issued under this Section o~
thi s Ordinance sha11 expire on September 30, 19317.
Section 6. That on and after October 1. 1937, no 1ieense shal1
be issued except annual 1icenses, which shall be paid for on or
before the first of October, and shall expire tbe first of the
succeeding October, provided that any person beginning business
after the first of October may obtain a license upon payment of
the annual l~cense tax, and such license shall expire on the
first of the succeeding October; provided rurther, that any per-
son beginning such business on or after the first of Apri1 of
any year, n~y procure a license expiring the first o~ Ootober
of the same year, on the paym.ent of one-b.&lf of the license tax
required for the annual ~icense. '
Section 7. No license issued under the proyisions of this
ordinance shall be transferrable.
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Section 8. The right to revoke any license issued under the
provisions o:f this Ordinance :for cause is reserved to the C~ty
of C1eerwater, and said revocation shall be made at the direction
of the City Commdssion.
Section 9. Licenses provided herein shall be additional to and
not in lieu of other occupational licenses provided by ord~wnce.
Ysection 10. The sale and distribution of a1choho1ic beverages
within the City of Clearwater on week days between the hours of
11 o'clock P. M. and 8 o'olock A. M., and between the hours of
11 o'clock P. M.. Saturday and 8 o'clock A. M. Monday, is hereby
prohibited.
Sect10n l~. For the purpos~ of regulating the sa~e and distr~-
but10n of alohoho11o beverages, the :fOllowing ZOJles are hereby
established wi thin the c1 ty: '~
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Zone 1.
Consisting of all territory between
Drew Street on the Nortb_ Haven Street
on the South, Myrtle Avenue on the East
and the waters of Clearwater Bay on the
west.
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Zone 2.
Conoistlng of all territory on Clear-
water Beach Islwnd.
Consisting of territory now occupied
in the City by chartered or incorpo-
rated clubs_ social clubs ~d golf
clubs.
Zone 3.
Consisting of the remaining territory
in said 01 ty.
~ The sale of alohohollc beverages in Zones 1. 2 ~d 3 is
hereby permitted. The sale of alchoholic beverages in Zone 4 is
hereby prohibited.
Zone 4.
Section 12. It shall be unlawful for any person to have in his
possession within the City of Clearwater any beverages containing
more than one per cent of' alchohol by weight on which a Federal
Excise Tax is required to be paid, unless such Federal Excise tax
naa been paid as to such beverages.
Seotion 13. It shall be unlaw~ll ~or any person to possess within
the City of Clearwater roay beverage containing more than one per
cent of alchohol~ as to the sale o~ whdch beverage an Exoise Stamp
Tax is required to be paid under the laws of the State of Florida_
unless the immediate container of such beverage shall have affixed
to it the Florida Excise Liquor Stamp ~ereby required; provided
th:ls Section sha.ll not a.pply to manufacturers or distributors duly
licensed or to common carriersJ prOVided, further, this sectiQnl
shall not apply to persons possessing not in excess of one gallon
of such beverages, provieed the beverage shall have been purchased
by said possessor outside of the corporate l~its of the City of
Clearwater jn accordance with the laws of the plaoe where purchased,
and shall have been brought into this City by said possessor; the
burden of proof' the.t such beverages were purchased outside of the
City of' Clearwater and in accordanoe with the laws of the place
where purcl~sed shall in all oases be upon the possessor of such
beverages.
Section 14. The possession by a licensee in his p lace of business
of beverages containing more than one per cent alchohol by weight
not parmi tted 'to be sold by the licensee shall be :prima faoie evi- .~.
dence that such beverages are being sold by such licensee.
Section 15. The term alchoholic beverages as used in this Ordinance
is defined as meaning all liquors. wines_ beers and any other bever-
ages of any nature or kind whatsoever containi~~ more than 3.2 per
cent of alchohol by weight.
Section 16. Any person, firm or corporation or association who
shall violate any of the provisions of this Ordinance shall upon
conviction in the Munici~al Court, be fined not exceeding the sum
of Two Hundred Dollars (~200.00) or ~prisoned in the City Jail
not exceeding six'ty (60) days, or by both such fine and imprison-
ment_ in the disoretion of the Municipal Judge.
Section 11. Should any section, paragraph, sentonce, ~lause or
phrase of this ordinance be declared unconstitutional or invalid,
for anyreason, the remainder of said ordinance ahall not be affected
thereby.
Section 18. All ordinanoes or parts of ordinances in conflict
herewith be and the aoorne are hereby repealed.
Section 19. Thi8 ordinance shall take effect immediately upon its
passage.
PASSED AND ADOPTED by the City Commission of the City of
Clearwater. Florida, this 19th day o~ July, A. D. 1931.
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Attest:
J. E. Satter~1e2d
City' Auditor and Olerk
R. E. GREEN,
Mayor-Comnlssione~
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The following resolution was introduced by Mr. Barrys ),.
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RESOLUTION WIDENING CERTAIN STREETS, AVENUES
.AND DRIVES IN THE CITY OF CLEARWATER, FLORIDA
WHEREAS, there are certain obstruotions situated in the streets,
avenues and drivos hereinafter named whioh oonstitute a distinct hazard
to the citizens of Clearwater and the public in general; and
WHEREAS, in order to remove said obstruotions the City Commission
deems it necessary and advisable that said streets, avenues and drives be
widened,
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISS ION OF THE CITY
OF CLEARWATER, FLORIDA, in regu!ar meeting assembled:
That the City Manager of the City of Clearwater, Florida_ be and
he is hereby authorized and instructed to forthwith widen the following
described streets, avenues and drives in the City of Clearwater, Florida,
to-wit: .
CHARLES AVENUE, in Peale Parle Subdivision, as shown on
reoorded map or plat thereof as appears
in Plat Book 12 at page 17 of the public
reoords of Pinellas County, Florida;
GRANADA AVENUE, in La Jolla Subdivision, as shown on re-
oorded map or plat thereof as appears in
Plat Book 10 at page 76 o~ the publio
reoords ~f Pinellas County, Florida;
SEDEEVA DRIVE, in Floridena Subdivis ion, as shown on re-
oorded map or plat thereo~ as appears in
Plat Book 9 at page 34 of the public re-
oords of P1nellas County, Florida;
The above described streets, avenues and drives are to be widened by
the removal therefrom of all obstruotions situated ~lereon commonly
known and referred to as islands.
PASSED AND ADOPTED by the City Commission of the City of Clear-
water, Florida, this the 19th day o~ July, A. D. 1937.
R. E. Green,
Mayor-Commissioner
Attest:
J. E. Satterfield,
City Auditor and Clerk.
It was moved by Mr. Baker, seconded by Mr. Barry, that the
said resolution be adopted, and upon roll call the following vote
was polled:
Ayes: Mr. Green
1IIr. Ma.rsh
Mr. Baker
Mr. Barry
Nays: None
Absent and not voting: Mr. Batchelor
~reupon the Mayor-Commissioner declared the said resolution
unanimously adopted, and signed the sanIe.
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Mr. Marsh introduoed the following resolution:
RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA, ORDERING SIDEWALKS CON-
STRUOTED ON OERTAIN PORTIONS OF STREETS AND
AVENUES IN THE CITY OF CLEARWATER, FLORIDA.
WHEREAS, The City Commission of the City of Clearwater, Florida,
on the 6th day of July, 1937, passed and adopted a resolution declaring
its intention to have sidewalks construoted on the following portions of
the following streets and avenues in the City of Clearwoter, to~wit:
West side of Greenwood Avenue from Laura Street to
Turner Street
South side of Pierce Street from Osoeola Avenue
eastward to the present sidewalk
AND WHEREAS, said resolution VIas published in the Clearwater
Sun once a week for two (2) oonsecutive weeks, and the first publioation
was ten (10) days prior to July 19, giving notice to the owners ot prQ-
perty abutting said portions of said streets mld avenues to show cause
on the said 19th day of July, why said sidewalks should not be constructed,
and
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WHEREAS, the City Oommission met on the 19th day of July and
called for objections to the cons~ruction of said sidewalks, and
WHEREAS, no objections were filed.
THEREFORE BE IT RESOLVED that the o\mers of' properties abutting
said portions of said streets and avenues be and they are hereby required
to construct said sidewallcs wi thin thirty (30) days from the date of the
passage of this resolution, and if said owners suall not construct said
sidewalks within said thirty (30) days, the City shall thereupon proceed
to construct the said sidewalks and assess the cost thereof against the
property abutting said sidewalks, as provided for in the Charter of the
Oity of Cle~~water.
BE IT FURTHER RESOLVED That this resolution be published in the
Olearwater Sun once a week for two (2) consecutive weeks, as a notice to
said property owners.
PASSED AND ADOPTED by the City Conmlission of the Cit~ of Clear-
water, Florida, this 26th day of JUly, A. D. 1937.
R. E. GREEN,
Mayor-Commissioner
Attest:
J. E. SATTERFIELD,
Ci.ty Auditor and Olerk.
It was moved by Mr. Marsh, seconded by Mr. Baker that said
resolution be adopted, and upcmn roll call the following vote was polled:
Ayes: Mr. Green
Mr. Marsh
MI' . Barry
Mr. Baker
Nays: None
Absent and not voting: Mr. Batchelor
Whereupon the Mayor-Oommissioner declared the said Resolution
unanimously adopted and s;tgned the same.
There being no further business, the meeting was thereupon adjourned. .
i4~~ner
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