ORDINANCE 2012-12-01
ORDINANCE 2012-12-01
AN ORDINANCE REGULATING THE SALE AND DISTRIBUTION OF ALCOHOLIC
BEVERAGES WITHIN THE CITY OF ROANOKE, ALABAMA;
ESTABLISHING LICENSE FEES AND TAXES;
AND OTHER MATTERS
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Roanoke, Alabama, sits in regular session on the 17th day of December, 2012 as follows:
ARTICLE I. GENERAL PROVISIONS SECTION 1 – SHORT TITLE
This ordinance shall be known as and may be cited as the “Roanoke Alcoholic Beverage Ordinance.”
SECTION 2 – PURPOSE
This ordinance is enacted for the purposes, among others, of promoting the general health, safety, and welfare of the City, of establishing reasonable standards for the regulation and control of the sale, delivery, and consumption of alcoholic beverages, and of protecting and preserving certain areas, through reasonable consideration, among others, to the character of the areas and their peculiar suitability for particular uses, to the congestion in the roads and streets, all with the general view of promoting desirable living conditions and sustaining stability of neighborhoods and property values, and to the prevention of undesirable persons from engaging in or having any interest in alcoholic beverages. This ordinance shall be construed as an exercise by the City of the police power of the state delegated to the City for the regulation of traffic in alcoholic beverages within the City as provided by the applicable provisions of the laws of the State of Alabama.
SECTION 3 – APPLICABILITY
The provisions of this ordinance shall only be in force and effect within the corporate limits of the City of Roanoke, Alabama, (“City”).
SECTION 4 – DEFINITIONS
The following terms shall have the following meanings for the purposes of this ordinance:
Abandonment: The closing of a licensed business for a period of time greater than twelve (12) months, regardless of the purpose, reason, or circumstances.
Alcoholic Beverages: Any alcoholic, spirituous, vinous, fermented or other alcoholic beverage, or combination of liquors and mixed liquor, a part of which is spirituous, vinous, fermented or otherwise alcoholic, and all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes, which contain one-half of one percent or more of alcohol by volume, and shall include liquor, beer, and wine, both fortified and table wine.
Association: A partnership, limited partnership, or any other form of unincorporated enterprise.
Bartender/Server/Waiter/Waitress: An employee of a retail alcoholic beverage license who is directly involved with the opening, mixing, dispensing, serving, or final sale of alcoholic beverages to a customer of the licensed establishment.
Board: The Alcoholic Beverage Control Board of the State of Alabama.
Beer or Malt or Brewed Beverages: Any beer, lager beer, ale, porter, malt, or brewed beverage, or similar fermented malt liquor, containing one-half of one percent of alcohol or more by volume and not in excess of five percent alcohol by weight and six percent by volume, by whatever name the same may be called. Beer shall include draft beer or beer served on tap.
Carton: The package or container or containers in which alcoholic beverages are originally packaged for the market by the manufacturer or importer and from which the alcoholic beverage is consumed by or dispensed to the public.
Child Care Facility: Any state or locally licensed child care or development facility, program, or club that provides child care and/or educational services.
Church: Church shall mean an entire house or structure set apart primarily for use for purposes of public worship, and which is tax exempt under the laws of this state, and in which religious services are held and with which a clergyman is associated, and the entire structure, not rented or leased, is kept for that use and not put to any other use inconsistent therewith. It does not include space in what is otherwise retail or commercial building or complex.
Club: A corporation or association organized or formed in good faith by authority of law and which must have at least 50 paid-up members. It must be the owner, lessee, or occupant of an establishment operated solely to further the objectives of a national, social, patriotic, political, civic, athletic organization or the like, but not for pecuniary gain, and the property as well as the advantages of which belong to all the members. The club shall hold regular meetings, continue its business through officers regularly elected, admit members by written application, investigation and ballot and charge and collect dues from elected members.
Container: The single bottle, can, keg or other receptacle in which alcoholic beverages are originally packaged for the market by the manufacturer or importer, and from which the alcoholic beverage is consumed by or dispensed to the public.
Convenience Store: A retail establishment whose primary function is the sale of fuel and packaged food and grocery items for consumption off the premises and whose floor space is at less than seventy five hundred (7,500) square feet.
Corporation: A corporation or joint stock association organized under the laws of this State, the United States, or any other State, Territory or Foreign Country, or Dependency.
Distributor: Any person or association who directly sells alcoholic beverages to retailers and business owners who are involved in the retail sale of alcoholic beverages.
Engaged in Business: A person shall be deemed to be engaged in business within the City corporate limits if that person has a fixed place of business offering for sale or consumption any alcoholic beverages within the corporate limits, or if pursuant to an agreement of sale, expressed or implied, that person delivers any alcoholic beverage within the corporate limits.
Fixed Place of Business: Any place where any alcoholic beverage is kept or stored for sale or delivery.
Fortified Wine or Vinous Liquor: Any wine containing more than 14.9 percent alcohol by volume but not more than 24 percent. Fortified wine is vinous liquor.
Grocery Store: A retail establishment whose primary function is the sale of packaged or unprepared food and grocery items for consumption off the premises and whose annual gross sales of alcoholic beverages do not exceed ten percent (10%) of its total gross sales and whose floor space is at least seventy five hundred (7,500) square feet.
Importer: Any person, association or corporation engaged in importing alcoholic beverages, liquor, wine, or beer, manufactured outside of the United States of America into this state or for sale or distribution in this state, or to the board or a licensee of the board.
License: Authorization to engage in an activity involving alcoholic beverages as evidenced by a writing issued by the City or the Board, limited in scope as provided in such writing.
Licensee: Any person licensed by the City or the Board to engage in business involving the sale or delivery of any alcoholic beverage.
Liquor: Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and mixed liquor, a part of which is spirituous, fermented, vinous or otherwise alcoholic, and all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes, which contain one-half of one percent or more by volume, except beer and table wine.
Liquor Store: A liquor store operated by the Board where alcoholic beverages other than beer are authorized to be sold in unopened containers.
Lounge: An establishment that primarily offers dancing or provides other lawful entertainment. No person under 19 years of age shall be admitted on the premises of any lounge liquor licensee as a patron or employee, and it shall be unlawful for any such licensee to admit any minor to the premises as a patron or employee.
Manufacturer: Any person, association or corporation engaged in the producing, bottling, manufacturing, distilling, rectifying or compounding of alcoholic beverages, liquor, beer or wine in this state or for sale or distribution in this state or to the board or to a licensee of the board.
Meal: A diversified selection of food some of which is not susceptible to being consumed in the absence of at least some articles of tableware and which cannot be conveniently consumed while one is standing or walking about.
Minor: Any person under 21 years of age.
Opened Container: A container containing alcoholic beverages, which has been opened or unsealed subsequent to filling and sealing by the manufacturer or importer.
Package Store: Those retail liquor licensees who declare to the Board that their primary business shall be the sale of alcoholic beverages for off-premises consumption and who further declare their compliance with Regulation 20-X-5-.13 of the Board.
Person: A natural person, association, or corporation, or other legal entity. Whenever used in a provision prescribing a fine or imprisonment, the term “person” such term as applied to “association” shall mean the partners or members thereof. As applied to corporation, the term “person” shall mean the officers thereof, except as to incorporated clubs; the term “person” shall mean such individual(s) who, under the bylaws of such clubs, shall have jurisdiction over the possession and sale of alcoholic beverages therein.
Person In Charge (PIC): Each licensee, except a licensed individual who is on the premises, shall have a designated person who is at least 21 years of age present and in actual charge of the business being conducted under the license at any time the licensed establishment is kept open for business, whether or not the privileges of the license are being exercised. The name of the designated person of every retail licensee shall be posted in an area of the establishment, readily available to ABC Board personnel, in letters not less than one inch in size, during the time he is in charge.
Privilege License: A privilege license issued by the City of Roanoke to a person or persons to conduct routine business.
Privilege License Fee: A fee charged by the City of Roanoke to a person or persons that has been granted approval by the Board the privilege of selling alcoholic beverages within the corporate limits of Roanoke as herein enumerated and defined.
Public Place: Any place or gathering which the public generally attends or is admitted to either by invitation, common consent or right, or by payment of an admission or other charge, and without limiting the foregoing, shall include any streets, alleys, sidewalks, public easements, rights-of-way, or parking lots designed for use by the general public, public buildings, buildings which are open to the public including but not limited to school buildings or grounds, parks, libraries, places where school related and recreational games or contests are held, theaters, auditoriums, skating rinks, dance halls or other place of amusement or any club, provided that such terms shall not mean or include premises which have been duly licensed under the ordinances of the City and the laws of the state for the sale or consumption of alcoholic beverages, and provided further that no private gathering is included within the meaning of the term “public place” with respect to the owners or occupants of such premises, or to any persons invited therein.
Restaurant: A reputable place licensed as a restaurant, operated by a responsible person of good reputation and habitually and principally used for the purpose of preparing and serving meals for the public to consume on the premises. The serving of food or meals must be the primary function of the business, with the sale of alcoholic beverages incidental to the sale of food.
Retailer: Any person licensed by the board to engage in the retail sale of any alcoholic beverages to the consumer.
Retail Alcohol Tax: Sales tax (currently 3.5%) collected from the consumer at the time of purchase of alcoholic beverages from a retail store, restaurant or other business establishment in the city limits of Roanoke (in the same manner as sales tax is currently collected on groceries, consumer goods and other items).
Sale or Sell: Any transfer of alcoholic beverages for consideration, and any gift in connection with, or as part of, a transfer or property other than alcoholic beverages for consideration.
School: A school shall include buildings used for the purpose of imparting instruction to children in Grades K-12, when provided by a public, private, denominational, or parochial school, except those buildings used primarily for adult education or college extension courses. School does not include a proprietary trade or occupational school.
Table Wine: Any wine containing not more than 14.9 percent alcohol by volume. Table wine is not liquor, spirituous or vinous.
Unopened Container: A container containing alcoholic beverages, which has not been opened or unsealed subsequent to filling and sealing by the manufacturer or importer.
Wholesaler: Any person licensed by the Board to engage in the sale and distribution of alcoholic beverages within this state, at wholesale only, to be sold by export or to retail licensees or other wholesale licensees or other within this state lawfully authorized to sell alcoholic beverages for the purpose of resale only.
Wholesale Alcohol Tax: Taxes collected based on the wholesale purchase price of alcoholic beverages for use of resale by any licensed establishment in the city limits of Roanoke, without regard to where the wholesale purchase is made. This is to include, but is not limited to, purchases of beer, malt liquor and wine from wholesalers and purchases of spirits (liquor) from the Alabama Alcoholic Beverage Control Board.
Wine: All beverages made from the fermentation of fruits, berries, or grapes, with or without added spirits, and produced in accordance with the laws and regulations of the United States, containing not more than 24 percent alcohol by volume, and shall include all sparkling wines, carbonated wines, special natural wines, rectified wines, vermouths, vinous beverages, vinous liquors, and like products.
ARTICLE II. CONTROL OF ALCOHOLIC BEVERAGES
SECTION 1 – LOCATION OF PREMISES LICENSED TO SALE ALCOHOLIC BEVERAGES
1. Licenses for the sale of alcoholic beverages shall only be issued to premises located in the following zones
B-1 General Business district
B-2 Downtown Commercial District
HC Highway Commercial
AG Agricultural
2. EXCEPTIONS:
a). A club license may be issues outside of the above mentioned zones upon approval by the city council. This determination shall be made on a case by case basis. The City Council shall consider the character of the person or individual applying for the club license, the character of the area in which the individual wishes to locate the club, any negative effects that the issuance of the license may cause to the area and the concerns, if any, of the residents of the area that the club is to be located in.
b). A Special Event license shall be issued in the same manner as a club license.
SECTION 2 – MAINTENANCE OF ORDER, REPORT OF VIOLATION
It shall be the duty of each licensee and of each person-in-charge at any time charged with the management and supervision of any licensed premises, while the same is open to the public, to maintain order upon the premises and to exclude from the premises any person who is drunk and disorderly or who commits any breach of the peace, or who uses or engages in offensive, disorderly, threatening, abusive or insulting language, conduct or behavior with the intent to provoke a breach of the peace, or whereby a breach of the peace might be occasioned. It shall be the duty of each person-in-charge of any licensed premises within the City to immediately make a verbal report to the City Police Department of each incident involving physical harm to a person occurring on the licensed premises while open for business. It shall further be the duty of each licensee to make a written report of each such incident to the Police Department of the City within thirty-six (36) hours thereof.
SECTION 3 – OFFENSES IN PUBLIC
It shall be unlawful for any person to drink, sell, serve, dispense, give away, or attempt to drink, sell, serve or give away, any alcoholic beverages while upon any street, alley, sidewalk, public easement, rights-of-way, or parking lots designed for use by the general public or in any public building (excluding any private recreation areas, leased or rented to individuals or clubs for special events) or upon any public property, or while in any other public place in the City except when approved for special events by the City Council.
SECTION 4 – MINORS – OFFENSES BY SELLER OR AGENT.
1. It shall be unlawful for any person or for any employee, servant, or agent of any person to sell, or offer for sale, any alcoholic beverage to any person visibly intoxicated, or to any minor person. The person selling alcoholic beverages shall request a photo-id as proof of age for any person purchasing alcoholic beverages.
2. It shall be unlawful for any person to serve to a minor or allow a minor to be served any alcoholic beverage in any place where such beverages are sold.
3. It shall be unlawful for any person who operates any business licensed to be engaged in the business of alcoholic beverages to allow any such beverages to be sold to any minor person or to be consumed by any minor person, on the premises where such alcoholic beverages are sold.
SECTION 5 – MINORS – OFFENSES GENERALLY
It shall be unlawful to do or perform any of the acts designated as follows:
1. For any minor person, directly or indirectly, to purchase any alcoholic beverage, or to attempt to purchase any alcoholic beverage.
2. For any minor person to possess or to consume any alcoholic beverage, or to attempt to possess or consume any alcoholic beverage.
3. For any person to sell, furnish, give to, or purchase for any minor person any alcoholic beverage, or to attempt to sell, furnish, give to, or purchase any alcoholic beverage for any minor person.
4. For any person to hire, employ or permit any minor person to serve or dispense alcoholic beverages of any kind. However, this prohibition does not apply when the only license held by the licensee is an off-premises beer license or an off-premises table wine license or combination thereof, and provided there is a person over the age of twenty-one (21) in attendance at all times. Provided further that persons who are nineteen (19) years of age or older working as a waiter, waitress, or server at a restaurant which holds a restaurant retail license may serve alcoholic beverages, provided that the licensee has been annually certified as a responsible vendor under the Alabama Responsible Vendor Act as provided in Alabama Code §§ 28-10-1 et seq. (1975).
5. For any minor person, directly or indirectly, to falsely represent that he or she is
twenty-one (21) years of age or older, by means of which false representation such person buys, receives or otherwise obtains, or attempts to buy, receive, or otherwise obtain any alcoholic beverage.
6. For any person, directly or indirectly, to falsely represent that a person is twenty-
one (21) years of age or older, by means of which false representation such person aids or abets or attempts to aid or abet such minor person to buy, receive, or otherwise obtain any alcoholic beverage.
SECTION 6 – FALSE REPRESENTATION
It shall be considered a false representation that a minor person is twenty-one (21) years of age or older if the purchaser fails to disclose that the person making the purchase, obtaining, or securing such alcoholic beverage through the purchase has not reached the age of twenty-one (21) years.
SECTION 7 – AUTHORIZED HOURS
It shall be unlawful for any person, whether an alcoholic beverage licensee or not, to sell, offer for sale, or to serve, dispense or offer for reward, or to offer to serve or dispense for reward any alcoholic beverage for on-premises or off-premises consumption between the hours of 1:00 a.m. and 6:00 a.m. on Tuesday, Wednesday, Thursday and Friday or between the hours of 2:00 a.m. and 6:00 a.m. on Saturday or between the hours of 2:00 a.m. on Sunday and 6:00 a.m. on Monday, with the following exception. Except when in conflict with Code of Alabama (1975) 28-3A-25 (prohibition of Sunday sales after 2:00 a.m.), this is to allow the sale of alcoholic beverages until 2:00 a.m. (after midnight of the day of the holiday or special event) on national holidays (including New Year’s Eve) and on days sanctioned by the local governing body as “Special Festivals and Events.”
SECTION 8 – REGULATION OF CONDUCT; PROHIBITION OF OBSCENE, LEWD OR
CONDUCT ON LICENSED PREMISES
It shall be unlawful for any person or association of persons, or an officer, member, agent, servant, employee or person-in-charge thereof at any licensed premises to permit, allow, conduct, or condone adult activities or entertainment as defined by state or local law or obscene, lewd or indecent conduct as described in Section 20-X-6-.11 of Alabama Alcoholic Beverage Control Board regulations or elsewhere described in local or state law.
SECTION 9 – RECORDS AND REPORTS
It shall be the duty of each person subject to the license tax imposed by this ordinance to keep full and complete records satisfactory to the City governing body or its agent and satisfactory to the Board, of all purchases, sales, and deliveries of alcoholic beverages, from which records can be readily obtained information as to the correct amount of license tax due the City.
SECTION 10 – PACKAGING OF BEVERAGES
Retail licensees for off-premise sale of individual or packages of six (6) or less alcoholic beverages must place each container thereof in a bag, box, or other similar opaque covering prior to the customer’s leaving the license building used for alcoholic beverage sales.
SECTION 11 – DELIVERY VEHICLES
A manufacturer, importer, or wholesaler, servant, agent, or employee of the same, shall deliver all alcoholic beverages in vehicles bearing the required information on each side of the vehicle as required by the Board.
SECTION 12 – OPEN CONTAINERS
It shall be unlawful for any person to:
(a) Possess or consume any open container containing alcoholic beverages while upon or along any public place, street, road or highway in the City or while in any automobile or other motor vehicle on or along any public street, road or highway in the City, or while in any other public place in the City except when approved by the City Council for special events.
(b) Possess or consume any alcoholic beverages at any public park, municipal playground, municipal recreation facility, school playground, school, stadium, or school recreational facility.
(c) Possess or consume any alcoholic beverage in an open glass, bottle, cup, can, keg, bag or other receptacle not its original container while upon or along any public street, road, or highway in the City or while on any automobile or other motor vehicle on or along any public street, road or highway in the City, or while in any other public place in the City.
(d) The above provisions notwithstanding, this section shall not apply to any
person that has in his or her possession an alcoholic beverage in an open container in the passenger area of a motor vehicle of any kind as contemplated and defined by Alabama Code § 32-5A-330 (1975). State law shall govern in such situations.
SECTION 13 – CONSUMPTION AFTER HOURS
It shall be unlawful to consume alcoholic beverages on the premises of a licensee of this ordinance during the hours when it is unlawful for alcoholic beverages to be sold as set out in Article Two – Section Seven of this ordinance, except that alcoholic beverages purchased before the cut-off time listed herein must be consumed or disposed of within 45 minutes after the designated cut-off time so long as this does not violate the Board’s Sunday sales policy.
SECTION 14 – INSPECTION
The premises of each licensee shall have an on-site inspection conducted randomly at least twice per year by the Police Department and/or Fire Department of the City of Roanoke or his/her designee with a written report of each inspection delivered to the City Clerk of the City of Roanoke as a public record.
ARTICLE III. LICENSES
SECTION 1 – REQUIRED; TRANSFER; SUSPENSION; DISPLAY
1. It shall be unlawful for any person to have in such person’s possession any alcoholic beverage within the City for the purpose of sale, storage, or delivery without having first procured from the City a privilege license and from the Board a license entitling the applicant to engage in the alcoholic beverage transactions authorized thereby. Licenses issued under this ordinance may not be assigned or transferred. The City is hereby authorized to allow the address for the privileged licensed premises to be changed from one place to another within the City, as the City may determine appropriate, but shall not allow the transaction of business at a place for which the license could not originally have been issued lawfully.
2. In the event of a change of ownership of a licensed establishment, the current
licensee shall be required to file a written statement of intent with the City Clerk prior to either completing the sale of the licensed business, or relinquishing management or financial control of the business operation, whichever occurs first; and additionally, the party to whom the licensed establishment is to be sold must file with the City a completed application for a City license within twenty (20) days of notification to the City of the intent to sell, transfer, or assign the establishment. Upon request of the City Clerk, or designated representative, any applicant may be requested to produce records of the business or the transaction surrounding the sale of the business. Any failure to produce the requested records, or a determination by the City that the transaction is not in compliance with the requirements specified herein, shall result in immediate forfeiture of the City license upon notification of this determination and an opportunity for a public hearing by the City Council.
3. Licenses issued by the City shall be deemed to terminate, by operation of law, when there is a change in ownership in a licensed establishment, or when a licensed establishment is leased, rented, or abandoned, or when possession is otherwise surrendered to another party or parties. Provided, however, that an applicant for a new license at a currently licensed establishment may be allowed to operate the establishment for a period not to exceed thirty (30) days if said applicant is in compliance with subparagraph (2) of this section. In such case, the original licensee shall continue to be responsible for the conduct, operation, and City tax liabilities of the establishment until such time as a license is issued by the City in the new licensee’s name.
4. Upon the temporary closing of the licensed establishment for a period in excess of thirty (30) days the City license to sell alcoholic beverages shall be immediately returned to the City Clerk, or designated representative, to be held pending the reopening of the business. In the event the temporary closing is due to any renovation, remodeling, or repair to the licensed premises, the licensee shall provide written evidence of compliance with applicable building, fire, and health codes to the City Clerk, or designated representative, prior to the release of the license. In the event that the establishment
remains closed for twelve (12) months or greater, for any purpose, the license shall be deemed terminated by operation of law.
5. For the purposes of this section, the sale or transfer of twenty-five percent (25%) or more of a corporation’s stock or interest in the business shall constitute a change in ownership of the licensed establishment.
6. The City shall have the right to revoke any privilege license issued by the City for any violation of this chapter or the regulations of the Board, after notice and opportunity for a hearing before the City Council in accordance with the provisions of Section 4 of this Article.
7. Every privilege license issued by the City to conduct normal and routine business and every license issued by the Board shall be conspicuously and constantly exposed under a transparent substance in an area visible to the general public on the licensed premises.
SECTION 2 – APPLICATION FOR LICENSE; PAYMENT; CITY COUNCIL AS
DECISION-MAKING ENTITY
Each applicant seeking the issuance of any license provided in Section 6 of this Article shall make application to the Board Field Office as required in this ordinance and as provided by any policies or procedures adopted by the City or any of its departments as authorized by this ordinance. Said application shall be upon the appropriate Board application form supplied by the Board Field Office. Upon successful screening by the Board Field Office and passing of the criminal investigation check, the state application will be forwarded to the City Clerk. The applicant shall make payment to the City Clerk the application fee as required by Section 5.
Application for a license shall be made in accordance with any policies and/or procedures which may be adopted to aid in the administration of the provisions of this ordinance, although they shall not in any event conflict with the provisions of this ordinance or with the policies of the Board.
The City Council of the City of Roanoke, in concert with the Alabama Alcoholic Control Board, will make all final decisions with regard to the granting of licenses and the review of complaints and possible disciplinary action with regard to a licensee. The City Council will have the authority to utilize the services of the Mayor, City Clerk, Chief of Police, Fire Chief, Building Inspector (or the designated representative of any of these officials) and other appropriate resources in carrying out its duties with regard to licensing. The City Council will approve and implement procedures for licensing, review of licenses, collection of taxes and other matters related to the sale of alcoholic beverages, which procedures will be made available to the public. These procedures may be changed or updated from time-to-time with adequate notice to licensees and the public. It is understood that all City of Roanoke procedures with regard to licenses and other issues related to the sale of alcoholic beverages must comply with the most current edition of “Intoxicating Liquor, Malt Beverages, and Wine Laws & Rules” as issued by the Alabama Alcoholic Beverage Control Board, including Title 28 Code of Alabama (1975).
SECTION 3 – PROOF OF INSURANCE
Upon application, the applicant must submit to the city proof of liability insurance.
SECTION 4 – PUBLIC NOTIFICATION
Before the applicant submits his application to the City of Roanoke, he must first publish in the Randolph Leader, or other local paper of regular circulation that is in existence at the time of application, a notification of intent to apply for a license to sale alcoholic beverages. This notice shall contain, at a minimum, the name of the applicant, the location of the premises at which alcohol will sold and the type of license applied for. This notice shall run for two week and shall be at the applicant’s expense. The applicant must present proof of this notice at the time he files his application. Proof of notice will not be accepted if it is provided more than 30 days after the last day the notice was published.
SECTION 5 – FILING FEE
The applicant shall pay to the City Clerk a filing fee, to cover the costs of processing and investigating each application filed with the City for a City license of any class with the exception of a special events license, the sum of $100.00. All application fees and costs shall be non-refundable, and the City shall retain these monies, whether or not said application results in approval or denial. The City Clerk, or duly authorized representative, shall not accept any application for any such license not accompanied by said fees required herein.
SECTION 6 – LICENSE FEES AND TAXES
1. Each person licensed by the Board who engages in transactions involving
alcoholic beverage within the City limits, prior to engaging in such business shall pay to the City, for the privilege of so engaging in business, privilege license fees and further license taxes as provided below:
(a) Manufacturer License. – Not Applicable
(b) Importer License. – Not Applicable
(c) Liquor Wholesale License. – Not Applicable
(d) Beer Wholesale License. Each person licensed as a beer wholesaler pursuant to Alabama Code Section 28-3A-9 shall pay to the City an annual license fee of fifty percent (50%) of the amount charged for state beer license by the State of Alabama. In addition, each licensee will remit to the City Clerk, on forms provided by such Clerk, each month, the privilege or excise tax levied on the sales of beer by the “Alabama Beer Tax Act”, Alabama Code §§28-3-190, et. seq. Wholesale beer dealers and distributors will not sell to any retail outlet that does not have a current City license.
(e) Wine Wholesale License. Each person licensed by the Board as a wine wholesaler pursuant to Alabama Code Section 28-3A-9 shall pay to the City an annual license fee of fifty percent (50%) of the amount charged for state wine license by the State of Alabama. In addition, each licensee will remit to the City Clerk, on forms provided by such Clerk, each month, the privilege or excise tax levied on the sales of table wine by the “Alabama Table Wine Act”, Alabama Code §§ 28-7-1. et. seq. Wholesale wine dealers will not sell to any retail outlet that is not properly licensed by the City.
(f) Wholesale License for Beer and Wine. Each person licensed by the Board
as a beer and wine wholesaler pursuant to Alabama Code § 28-3A-9 (1975) shall pay to the City an annual privilege license fee of fifty percent (50%) of the amount charged for a wholesale license for beer or table wine license by the Board. In addition, each such licensee shall remit to the City Clerk each month, on forms provided by such Clerk, the privilege or excise tax levied on the sales of beer by the “Alabama Beer Tax Act,” Alabama Code §§ 28-3-190, et seq. (1975). In addition, each licensee will remit to the City Clerk each month, on forms provided by the Clerk, the privilege or excise tax levied on the sales of table wine by the “Alabama Table Wine Act,” Alabama Code §§ 28-7-1, et seq. (1975). Wholesale beer and wine dealers shall not sell to any retailer, business, or person that is not properly licensed by the City.
(g) Warehouse License. Each person licensed by the Board as a warehouse
for alcoholic beverages pursuant to Alabama Code § 28-3A-10 (1975) shall pay to the City an annual privilege license fee of $500.00 (Five hundred dollars)
(h) Package Store Retail Liquor License. Each person licensed by the Board to operate a retail package store pursuant to Alabama Code § 28-3A-11 (1975) shall pay to the City an annual privilege license fee of $1,500.00 (One Thousand Five Hundred Dollars and No Cents). In addition to said stated license fee, each person shall pay to the City, on or before the fifteenth (15th) day of the calendar month next succeeding each separate calendar month, for the privilege of having engaged in such business, an additional license tax of three percent (3%) of the wholesale cost of all alcoholic beverages, except beer and table wine, received during such immediate next preceding calendar month.
(i) Club Retail Liquor License. Each person licensed by the Board to operate
a Club, pursuant to Alabama Code § 28-3A-12 (1975) shall pay to the City an annual privilege license fee of $1,000.00 (One Thousand Dollars and No Cents). In addition to said stated license fee, each person shall pay to the City, on or before the fifteenth (15th) day of the calendar next succeeding each separate calendar month, for the privilege of having engaged in such business, an additional license tax of ten percent (10%) of the wholesale cost of all alcoholic beverages, except beer and table wine, received during such immediate next preceding calendar month.
(j) Restaurant Retail Liquor License. Each person licensed by the Board to
sell alcoholic beverages in connection with the operation of a restaurant pursuant to Alabama Code § 28-3A-13 (1975) shall pay to the City an annual privilege license fee of $750.00 (Seven Hundred Fifty Dollars). In addition to said stated license fee, each person shall pay to the City, on or before the fifteenth (15th) day of the calendar month next succeeding each separate subject month, for the privilege of so engaging in such business in said subject month, an additional license tax of ten percent (10%) of the wholesale cost of all alcoholic beverages, except beer and table wine, received during such immediate next preceding calendar month.
(k) Retail Table Wine License for On-premises and Off-premises Consumption.
Each person licensed by the Board to sell table wine at retail for on-premises and off-premises consumption pursuant to Alabama Code § 283A-14 (1975) shall pay to the City an annual license fee of fifty percent (50%) of the amount charged for state wine license by the State of Alabama.
(l) Retail Table Wine License for Off-premises Consumption. Each person
licensed by the Board to sell table wine for off-premises consumption pursuant to Alabama Code § 28-3A-15 (1975) shall pay to the City an annual license fee of fifty percent (50%) of the amount charged for state wine license by the State of Alabama.
(m) Retail Beer License for On-premises and Off-premises Consumption. Each person licensed by the Board to sell beer for on-premises and off-premises consumption pursuant to Alabama Code § 28-3A-16 (1975) shall pay to the City an annual license fee of fifty percent (50%) of the amount charged for state beer license by the State of Alabama.
(n) Retail Beer License for Off-premises Consumption. Each person licensed by the Board to sell beer at retail for off-premises consumption pursuant to Alabama Code § 28-3A-17 (1975) shall pay to the City an annual license fee of fifty percent (50%) of the amount charged for state beer license by the State of Alabama.
(o) Special Retail License. Each person who has obtained a special retail
license from the Board pursuant to Alabama Code § 28-3A-19 (1975) shall pay to the City a privilege license fee of $250.00 (Two Hundred and Fifty Dollars and No Cents) when the period of use is thirty (30) days or less. Such person shall pay to the City a privilege license fee of $350.00 (Three hundred and Fifty Dollars and No Cents) when the period of use is more than thirty (30) days, but in no event shall the duration of the license exceed one year. Further, the terms of such license shall not exceed or conflict with the license issued by the Board. These privilege license fees shall be due for every license issued under this subsection, not on an annual basis. Any alcoholic beverages sold by the Special Retail Licensee will be subject to the same City taxes as those imposed on a Restaurant Retail Liquor licensee.
(p) Special Events Retail License. Each person who has obtained a special events retail license from the Board pursuant to Alabama Code § 28-3A-20 (1975) shall pay to the City a license fee of $100.00 (One Hundred Dollars and No Cents). No such license shall be issued for a period in excess of three (3) days, and the terms of such license shall not exceed or conflict with the terms of the license issued by the Board. All applications for special events retail licenses shall be filed with the City Clerk at least 25 days in advance of the event for which a license is sought. This privilege license fee shall be due for every license issued under this subsection, not on an annual basis. Any alcoholic beverages sold by the Special Events Retail Licensee will be subject to the same City taxes as those imposed on a Restaurant Retail Liquor licensee.
(q) Lounge Retail Liquor License. Each person licensed by the Board to operate a Lounge Retail Liquor business pursuant to Alabama Code § 28-3A-11 (1975) shall pay to the city an annual privilege license of $2,500 (Two Thousand Five Hundred Dollars) provided however that such facility allow no person under 19 (Nineteen) years of age on the licensed premises and further provided that such facility’s food sales in any 90 day period shall equal twenty percent (20%) of gross receipts of food and beverage operations. An additional license tax of ten percent (10%) of the wholesale cost of all alcoholic beverages, except beer and table wine, received during such immediate next preceding calendar month.
2. The term “gross receipts” as used in Subsection (1) of this Section shall not include any taxes.
3. The privilege license fees levied under Subsection (1) of this Section, with the exception of Paragraphs (o) and (p) above, shall be due and payable in conjunction with the schedule for license renewal required by the Board for renewal of licenses granted by the Board as set forth in Alabama Code §28-3A-5. Pursuant to said section, privilege licenses granted by the City shall be valid from October 1 of each year until September 30 of the following calendar year. Licenses shall become due and payable on or before September 30 of each year, or on the date established by the Board for the ensuing year, and shall be delinquent if not secured each year by October twentieth or the twentieth day of the first month of the license year established by the Board. If the license is not secured by October twentieth or by the twentieth day of the first month of the license year established by the Board, such person or firm failing or refusing to file application and obtain said license, as provided in this chapter, while continuing to enjoy the privilege allowed under said license, shall be subject to a penalty of 50 percent of the City’s license fees and taxes, which penalty shall be collected at the time of issuance of another license. If said license is not renewed as provided herein, or if any fees or taxes due the City are not paid as required by this Ordinance, the licensee shall be deemed delinquent and the City shall be entitled to take any action set forth in this Article.
4. All license taxes levied under Subsection (1) of this Section shall be delinquent if not reported and paid by the twentieth (20th) day of the calendar month provided above. If reports are not filed within the time herein provided and/or the taxes not paid by the dates herein provided, such person shall pay to the City the full amount of tax together with interest at the rate of 10% (Ten Percent), compounded monthly, prorated from the date such tax payment became delinquent, a penalty of 10% (Ten Percent) of the amount of the tax, and with the occurrence of a second delinquent payment within a license-year, a citation fee of $150.00 (One Hundred and Fifty Dollars and No Cents).
SECTION 7 – REPORTS OF BUSINESS DONE AND TAX DUE
Each licensee shall file with the City Clerk a report in such form as the City Clerk may prescribe on or before the final date on which the tax may be paid without a penalty evidencing the amount of business done and the amount of license tax or other tax due thereon, together with full payment for any tax liability. Any failure to comply with this Section shall be considered a violation of this ordinance, and penalties, interest, and fees shall be due and payable as provided in Section 6 of this Article.
SECTION 8 – ALABAMA RESPONSIBLE VENDOR ACT
Sections 28-10-1 through 28-10-8 of the Alabama Code (1975) are hereby adopted by reference, and made a part hereof as if fully set forth herein.
(1) Each licensee of the City shall obtain Certification through the Alabama Responsible Vendor Program within sixty (60) days of license approval by the Board.
(2) Upon losing certification through the Alabama Responsible Vendor Program, the City privilege license shall be suspended until such time as the licensee achieves re-certification or the license expires or is terminated as otherwise provided herein, whichever shall occur first.
ARTICLE IV. MISCELLANEOUS PROVISIONS SECTION 1 – VIOLATIONS DECLARED MISDEMEANOR
Any person who violates any provision of this Ordinance or fails to comply with any requirements hereof shall be guilty of a misdemeanor and, unless otherwise provided herein, upon conviction or adjudication of guilt shall be sentenced to a fine not to exceed five hundred dollars ($500.00) and/or incarceration for a period not to exceed six (6) months for each separate offense or violation of this ordinance.
SECTION 2 – RESERVED
SECTION 3 – SEVERABILITY
The provisions of this ordinance are severable. If any part or provision hereof is declared unconstitutional, void, or invalid by a court of competent jurisdiction, all other parts and provisions hereof shall not be affected by such declaration and shall remain in full force and effect as though the unconstitutional, void or invalid provision had not been included in the ordinance as originally adopted.
SECTION 4 – ADVERTISING AND SIGNAGE
It shall be unlawful for any person to display any electric or painted signs outside any place of business advertising alcoholic beverages as enumerated and defined in this ordinance. Chapter 20-X-7 of the most recent edition of the Alabama Beverage Control handbook “Intoxicating Liquor, Malt Beverages and Wine Laws and Rules of Alabama” is hereby incorporated as a part of this ordinance.
SECTION 5 – CONFLICTS WITH STATE STATUTES AND REGULATIONS
This ordinance shall be deemed cumulative with and supplemental to any and all statutes and regulations of any administrative body of the State of Alabama regarding the subject matter hereof and to be subordinate to same and in no manner intended to supersede any such statutes or regulations of the State of Alabama. Any provision hereof in conflict with any provision of any state statute or regulation shall be construed so as to be in harmony with the same where possible, and otherwise to be superseded by the provisions of such state statute.
SECTION 6 – DESIGNATION OF A PORTION OF WHOLESALE ALCOHOL TAX REVENUE FOR ECONOMIC DEVELOPMENT AND CITY SCHOOLS
All Wholesale Alcohol Tax Revenue, all Retail Alcohol Tax Revenue and all alcohol license fees will be paid into the City treasury. The following allocations will be paid:
(1) The Randolph County Economic Development Authority/Randolph County Industrial Development Council shall receive fifteen percent (15%) of the revenue from Wholesale and Retail Alcohol Tax Revenue within thirty (30) days after receipt in the City treasury. The Randolph County Economic Development Authority/Randolph County Industrial Development Council shall make a report to the City concerning the expenditure of these moneys no less than twice a year. Randolph County Economic Development Authority/Randolph County Industrial Development Council will submit these reports to the City no later than the first City Council meeting in June and December.
(2) Roanoke City Schools will receive five percent (5%) of the revenue from Wholesale and Retail Alcohol Tax Revenue within thirty (30) days after receipt in the City treasury.
These percentages shall be reviewed annually. These reviews shall begin no later than one (1) year after the first legal alcohol sale in Roanoke, Alabama.
SECTION 7 – RESERVED
SECTION 8 – EFFECTIVE DATE
This ordinance shall be effective immediately upon its adoption, approval and publication according to law.
ADOPTED sitting in regular session this 17th day of December, 2012
Mike Fisher, Mayor
Penny Holloway, City Clerk
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