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ORDINANCE 353
AN ORDINANCE PROVIDING FOR AND FIXING THE MIOUNT OF LICENSE
FEES TO BE PAID BY MANUFACTURERS, DISTRII3U'PORB, VENIJORS,
CHARTERED OR INCORPORATED CLUBS, SOCIAL CLUBS, AND GOLF CLUBS,
OF BEVERAGES CON'T'AINING MORE THAN ONE PER CENT OF ALCOHOL BY
S,fEIGHT, PROHIBITING THE SALE OF ALCHOLIC BEVERAGES LURING
CF' TAI:N HOURS, ESTABLISHING ZONES FOR REGULATING THE SALE
AND DISTRIBUTION OF ALCOHOLIC BEVERAGES; AND PROVIDING
PENALTIES FOR THE VIOLATION OF THE TIRMS OF THIS ORDINANCE.
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BE IT ORDAINED BY THE CITY COLIMISSION OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. Definitions: For the purpose of this ordinance
the term manufacturer, distributor, vendor, charterer or incor-
porated clubs, social clubs and golf clubs shall be defined as they
are defined by the Act of the Legislature of the State of
Florida of 1935, known as Temperance'Committee Substitute
for House Bill No.496, which said act was approved by the Governor
of the State of Florida, on the 27th day of May, 1935.
Section 2. No person, ass6ciation of persons or corp-
oration shall engage in the business of manufacturing, selling,
bartering, or exohang&ng or in any wise dealing in liquors,
wines, beers, or other beverages containing more than one per-
cent of alcohol by weight within they City of Clearwater, unless
a city license shall be secured from the City Clerk of this
city, which license shall be issued to such person,association
of persons, or corporation on receipt of the amount hereinafter
stated, r and :the same shall be signed by the City Clerk and the
City Manager qnd shall have the City seal affixed.
Section 3. On and after October lat, 1935, the
following license tax shall be assessed and collected. Each
vendor uli?ll pay an annual city license tax as followa:
A. Vendors who may sell only beverages containing
alcohol of more than one percent by weight and not more than
24% by weight and wines regardlessLof alcoholic content---•$7.50
B. Vendors operating places of business where beverages
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j other than wines containing alcohol of more than 14% weight !
are sold only in sealed containers for consumption off the
premises where sold---------- $225.00
C. Vendors operating places of business where consumption
j on the premises is permitted of beverages other than wines
containing alcohol of more than 14,% by weight---------- $300.00
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D. Chartered or incorporated clubs, social clubs and
golf clubs as defined by Section 10 of an Act of the Legislature
of the State of Florida of 1935, known as Temperance Committee
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. Substitube for House Bill No, 496 ------------------------ $62.50
E. Each manufacturer engaged in the manufacturen of
beverages containing more than one per cent alcohol by weight
shall pay, an annual city license tax as follows;
a. If engaged In the manufacture of wines and of nothing
else -------------- $25.00
b. If engaged in the manufacture of wines and cordials
and of nothing else--- $50.00
c. If engaged in the business of brewing malt liquors
and nothing else --------- $375.00
F d. If engaged in the business of distilling spirituous
liquors and nothing else------$375.00
e. If engaged in the business of rectifying and, or.
blending spirituous liquors and nothing else-- $625.00
F. Each distributor who shallsell beverages containing
alcohol of more than l
per cent by weight and not more than
14% by weight, and wines regurdless of alcoholic content
shall pay for each and establishment or branch he may operate'
or conduct an annual city license tax of --------$100.00
G. All other distributors for each and every establishment
:. or branch they may operate or conduct shall pay an annual
city license tax of----------------------------- -$625.00
Section 4. Licenses shall be issued only to persons of
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good moral turpitude and who are not less than twenty-one ;
74
years of age. Licenses to corporations shall be issued only :'.
to corporations whose directors and officers axoe persons of
''good moral'character,and who have not been convicted of any Ain
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Section 5. Any person or corporation desiring to engage
in any of the businesses described in this ordinance prior
to October 1st, 1935 may secure a city license upon payment
of one-third of the amount hvreinbefore stated in this
ordinance as license tax for such business. Any city license
issued under this section of this ordinance shall expire on
September 30th, 1935.
Section 6. That on and after October lat. 1935 no
license shall be issued except annual, licenses, which shall
be paid for on or before the first of October, and shall
expire the first of hhe succeeding October, provided that any
person beginning business after the first of October may obtain
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a license upon the payment of the annual license tax, and such
license shall expire on the first of the succeeding October,
provided further that any person beginning such business on
or after the first of April of any year may procure a license
expiring the first of October of the some year on the payment
of one-half the license tax required for the annual license.
Section 7. No license issued under the provisions of this
ordinance-shall be tranaRerrable.
Section 8. The right to revoke any license issued under
the provisions of this ordinance for cause is reserved to the
City of Clearwater and said revocation shall be made at the
direction of the City Commission.
Section 9. Licenses provided herein shall be additional to
and not in lieu of other occupational license provided by
ordinance.
Section 10. The sale and distribution of alcoholic
beverages within the City of Clearwater on week days between
the hours of 11 o'clock P. M. and 8 o'clock A.M. and between
the hours of ll o'clock PX, Saturday and 8 o'clock A.M.
Monday is hereby prohibited.
Section 11. For the purpose of regulating the sale and
distribution of alcoholic beverages the following zones are
hereby established within the City;
Zone lw- Consisting,of all territory between Myrtle
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? Avenue, and the waters of Clearwater Bay and Haven and Drew
Streets.
Zone 2--Consisting of all territory on Clearwater Beach
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t Zone 3--Consisting of territory now occupied in the City by
'y chartered or incorporated clubs, social clubs and golf clubs.
Zone 4---Consisting of the remaining territory in said City.
The sale and distribution of alcoholic beverages in zones 1,
: 2 and 3 is hereby permitted. The sale and distribution of beverages
other than wines containing alcohol of more than. 14% by weight is
hereby prohibited in zone 4.
:.? Section 12. The term alcoholic beverages as used in this
ordinance is defined as meaning all liquors, wines, beers and
any other beverage of any nature or kind whatsoever containing
more than 3.2 per cent of alcohol by weight.
Section 13. Any person, firm or corporation, or assftiatian
who shall violate any of the provisions of this ordinance shall
upon conviction in the Municipal Court be fined not exceeding the
sum of Two Hundred Dollar4 ($200.00) or imprisoned in the City
jail not exceeding Sixty (60)dyys, or by both such fine and
imprisonment, in the discretion of the Municipal Judge.
Section 14. Should any section, paragraph, sentence,
clause, or phrase of this ordinance be declared unconstitutional
oz? invalid for any reason, the remainder of said ordinance shall
not be effected thereby.
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Section 15. All ordinances or parts of ordinances in
conflict herewith be , and the same are hereby repealed.
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This Ordinance shall take effect immediately upon its
7 passage.
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Passed and adopted by the City Commission of the City
of Clearwater, Florida at special Meeting, June 7, 1935.
Attest Mayor- omm ss oner
*e ?;,,; •,: r.t t .r :''::,,:, City Auditor & Clerk.
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