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Ord. 0017 1960-03-24JH:gl-3-24-60 ORDINANCE NO. elf cram & 4 AN ORDINANCE DECLARING AND MAKING IT UNLAWFUL FOR ANY PERSON TO MANUFACTURE OR BREW FOR THE PURPOSE OF SALE, OR TO SELL OR DISTRIBUTE BEER IN THE CITY OF PEARLAND, TEXAS, WITHOUT FIRST HAVING PROCURED A LICENSE TO DO SO; DEFINING THE DEALER AND PERSON AS SUCH TERMS ARE APPLIED TO THIS ORDINANCE; PRESCRIB- ING THE LICENSE FEES TO BE PAID: AND PROVIDING FOR APPLICATION FOR ISSUANCE OF BEER LICENSES; AND MAK- ING RESTRICTIONS WITH REGARD TO SALE OF BEER WITHIN THREE HUNDRED (300) FEET OF A CHURCH, SCHOOL, OR OTHER EDUCATIONAL INSTITUTION; FIXING PENALTIES FOR VIOLATION OF SAID ORDINANCES; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND: SECTION I. For the purposes of this Ordinance the following definitions shall apply: (a) The word "beer" as hereinafter used in this Ordinance shall, for the purpose of this Ordinance, mean malt beverages con- taining one-half of one per cent or more alcohol, by volume, and not more than four (4%) per cent alcohol, by weight. (b) A "manufacturer" is hereby defined to be any person licensed to manufacture or brew beer and to distribute and to sell the san e or other, in the original package. (c) A "general distributor" is hereby defined to be any per- son licensed to distribute or sell beer to local distributors, retail dealers and/or others, in the original package. (d) A "local distributor" is hereby defined to be any person licensed to sell and distribute beer to retail dealers and ultimate con- sumers, in the County of his residence, in unbroken packages, such beer not to be consumed on the premises where sold. (e) A "retail dealer" is hereby defined to be any person licensed to sell beer in bottles and from kegs, barrels or other con- tainers to the ultimate consumer. (f) A "person" shall include and be interpreted to mean any individual person, corporation, partnership, association. (g) The Assessor and Collector of taxes for the City of Pearland, shall mean the City Clerk (designated also as the City Secretary), of said City, acting in the capacity of tax assessor and collector of taxes for said City of Pearland. SECTION II. It is hereby declared unlawful for any person to manufacture or brew for the purpose of sale or to sell or distribute any beer within the corporate limits of the City of Pearland, Texas, without first having applied for and secured a license to do so, as required by this Ordinance. SECTION III. Before any license required by this Ordinance shall be issued, the license fee required shall be paid to the Assess or and Collector of taxes for the City of Pearland, Texas , at his office in the said City of Pearland, Texas. Annual fees required for licenses authorized by this Ordinance shall be as follows: a) For a license authorizing the manufacture and sale by a manufacturer, Two Hundred Fifty and no/l00 ($250.00) Dollars. (b) For a general distributor, One Hundred and no/100 ($100.00) Dollars. (c) For a local distributor, Twenty -Five and no/100 ($25.00) Dollars. (d) For license authorizing the sale of beer by retail dealer, for consumption on or off the premises where sold, Twelve and 50/100 ($12.50) Dollars. (e) For license authorizing the sale of beer by a retail dealer, in the original container, direct to this consumer, and not to be consumed on the premises where sold, Five and no/100 ($5.00) Dollars. SECTION IV. That every person desiring to manufacture,ps 1 and/or dis- tribute beer within the corporate limits of the City of'�liiw-, exas, before commencing the manufacture, sale and/or distribution of such beer, shall present to the Assessor and Collector of taxes of the City of Pearland, Texas, a license duly issued to such person by the Tax Assessor and Collec- tor of Brazoria County, authorizing such person to manufacture, sell and/or distribute beer in Brazoria County, Texas, which license shall be in full force and effect at the time of such application, and which license shall be examined by the Assessor and Collector of taxes of the City of Pearland, Texas, and then returned to such applicant. In addition to presenting the license referred to above to the Assessor and Collector of taxes, for examination, said person desiring to manufacture, sell and/or distribute beer within the corporate limits of the City of Pearland, Texas , shall file with said Assessor and Collector of taxes of Pearland, Texas , an application made under oath for a license to manufacture, sell and/or distribute beer within the corporate limits of the City of Pearland, Texas; said application shall be made on a form to be furnished by the said Assessor and Collector of taxes of said City of Pear - land, and shall state the name of the application, the address of said appli- cant, the address where such applicant desires to manufacture, sell and/or distribute beer; shall state whether or not the principal business of the appli- cant is the sale of beer; shall state whether or not the place of business of said applicant, where such beer is to be sold, is within three hundred (300) feet of any church, school or other educational institution, the measurements along property lines of the street fronts, from front door of such place of business to the front door of such church, school or other educational insti- tution, in a direct line across the intersections where they occur; and said application shall larder state whether such applicant desires to do business as a manufacturer, a general distributor, or local distributor, or a retail dealer, as said terms are hereinbefore defined. After said applicant has presented to the Assessor and Collector .0104. of taxes of said City of Pearland, for his examination, such license to such applicant by the Tax Assessor and Collector of taxes of said City of Pearland has satisfied himself that same is genuine and in full force and effect at the time of such application, and after such applicant has filled in the applica- tion in the manner provided above, and that the Assessor and Collector of taxes of the City of Pearland has determined that said premises where beer is sold under such license is not within 300 feet of any church, school or other educational institution as hereinabove set out, and upon payment to said Assess- or and Collector of taaces, by such applicant, the license fee herein prescribed, it shall be the duty of the Assessorand Collector of taxes of the said City of Pearland, Texas, to issue to the applicant the proper license which shall be signed by said Assessor and Collector of said City of Pearland, Texas, under the seal of his office, shall be dated, shall state on the face thereof for what it is issued, how much was paid for same, date of expiration, by whom and where such business is to be conducted, shalt state whether or not the licensee is authorized to operate as manufacturer, general distributor, local distributor, or retail dealer of beer, as set out in the application of said applicant; and if dealer, shall state whether or not the principal business of such licenses is the sale of beer. Said license shall be posted in a conspicuous place on the premises of such licensee where such business is conducted. If the principal business of said applicant is to be the selling of beer, and if the said Assessor and Collector of taxes shall determine that such place of business is within 300 feet of a church, school or other educational institu- tion, measurement to be made as hereinbefore provided, then the said Assessor and Collector of taxes shall not issue a license to such applicant but shall refuse to so do; and if such license is erroneously issued under such conditions the same shall be revoked by the said Assessor and Collector of taxes immediately upon discovery of such error. SECTION V. Any license issued under the terms of this ordinance shall termi- nate one (1) year from the date issued, and no license shall be issued for a longer term than one year. Any such license may be renewed upon written application of the licensee filed with the Assessor and Collector of taxes of the City of Pearland not more than 30 days prior to the date of the expiration of any license held by such licensee. Such application shall be in writing filed by the applicant and shall contain full and complete application upon which such original license was issued, accompanied by a fee of One ($1.00) Dollars, which said sum of One ($1.00) Dollar, shall be in addition to the amounts required to be paid for such license, as a renewal charge; but no such renewal of license shall be issued un- less and until the applicant therefor shall exhibit to the Assessor -Collector of taxes of the City of Pearland, Texas, his renewal license issued by the County Tax_ Collector of Brazoria County, Texas. All annual fees and renewal fees for such license shall be paid in advance. Upon the compliance with the foregoing requirements by such applicant, it shall be the duty of the Assessor and Collec- tor of taxes of the City of Pearland, Texas, to issue the license as applied for in the same manner as the original license was issued. SECTION VI. No manufacturer, general distributor, local distributor, or re- tail dealer shall carry on such business at more than one place under the same license, but a separate license must be obtained for each place of business conducted for such purposes or any of them. Nor shall any such license be voluntarily assigned more than once, and before any assignee of any such li- cense may engage in business thereunder, he, or they, shall fully comply with the provisions of this ordinance as required of the original licensee. And in case that should said original licensee or his assignee desire to change the place designated in such license, he may do so by applying to the said Assessor and Collector of taxes of said City of Pearland, Texas, as in the case of the aldMik original application for license as provided in this ordinance. SECTION VII. the Assessor -Collector of taxes of the City for Pearland, Texas, shall keep a permanent record of all licenses issued under the terms of this ordinance, the said record shall state the name and address of all persons to whom Licenses are issued, the address of all persons to whom licenses are issued, the address of the place or places of business of such licensee, the date such license was issued and the amount paid therefor; said Assessor and Collector shall also keep a permanent record of all trans- fers of such licenses and of alt such licenses cancelled or revoked and full details of such transactinns. SECTION VILE, If any portion or portions of this ordinance ever be held or decreed invalid, or unconstitutional, such holding or decree shall not effect the remaining part of this ordinance not so held or decreed. SECTION IX, Any person violating this ordinance or any part thereof upon conviction thereof, be fined in the amount of not less than $5,00 or more than $200, 00; and each clay of such violation shall be deemed and held to be a separate offense, PASSED AND APPROVED on = ATTEST: CITY vt*CRETA/ Y T/f �c / /wC/l £ , A.D. 1960. E. T, GIBBONS, MAYOR, CITY OF PEARLAND, TEXAS.