HomeMy WebLinkAboutORDINANCE 65-33n
‘T j—
ORDflANCE NO.______
.N 0BDflANCE RELATING TO IE SALE OF I3EER,PVIDING
A LICENSE T1iEREFOR,BEGUI4AT IONS UNDER RICH TI SAI
SHALL BE SOLD ND PiOVIDING FOR PENALTIES FOR
VIOLJION TIThBEOF.
BE IT ORDAINED BY 1iE BOARD OF TRU$PEES OF TI TO1 OF ESTES
PARK,COLORADO:
Section 1.It shall be unlawful to sell any beer which sale is
prohibited by the laws of the United States of anerica or of the
State of Colorado.Subject to the provisions of this ordinance,it
shall be lawful to sell beer,which sale is not prohibited by the
laws of the United States or of the State of Colorado.
Section 2.It shall be unlawful to sell beer to a person under
the age of eighteen years or to an habitual drunkard.
Section 3.It shall be unlawful for any brewer or brewery to
have any direct or indirect financial interest in the business of any
licensee hereunder and it shall be unlawful to solicit sales of beer
at any place except those licensed hereunder.
Section 4.It shall be unlawful to sell or serve or distribute
beer for commercial purposes on 5unday or on any Primary or
General Election Day during po]Jing hours,or on any day between the
hours of one A.M.and seven A.M.
Section 5.It shall b.e unlawful to sell beer at retail in the
place where the same is to be consumed unless such place be a restaurant
or dining room or hotel or a club,and it shall be unlawful ta.ell
any beer at any bar in any hotel,restaurant,dining room or club whore
the same is to be consumed.The words,“restaurant,”“dining room,”
“hotel’1,or “club”shall have the meaning as defined in House Bill
No.387 passed by the 29th General Assembly of the State of Colorado.
Section 6.It shall be unlaful ror any person,firm or corporation
to sell or distribute any beer within the Town of Estes Pork,Colorado,
without first obtaining a license therefor as hereinafter provided.
Section 7.It shall be unlawful for any person,firm or
corporation to permit any beer to be sold or dispensed by a person
under the age of eighteen years,or to permit any such person to
participate in the sale or dispensing thereof.
Section 8.Any person,firm or corporation desiring to obtain
a license to sell beer within the Town of Estes Park shall make
application therefor to the Town Cleric,thich application shall state
the name of the applicant,that the applicant is a citizen of the
United States,the location of the place so to be licensed,the nature
of the business conducted at such place,that the applicant,if an
individual,is over the age of eihteen years,or if a club,that the
club has been incorporated for not less than five years and is operated
solely for the objects of a national,social,fraternal,patriotic,
political or athletic nature but not for pecuniary gain.The apnlication
shall further state that the applicant has not been convicted of a
felony nor been adjudged guilty by a Court of Record of violating
the laws governing the prevention of gambling under the laws of the
State of Colorado or under the laws of the United States,and that
no brewer or brewery has any interest in the business,either directly
or indirectly,and that the applicant has obtained a license from the
State of Colorado to sell beer.
Section 9.The power and authority to issue licenses to sell
beer is hereby delegated to the Town Clerk,and the Town Clerk,upon
application as above mentioned and upon the applicant Thibiting
the State License to sell beer and upon the payment of the sum of
Eighty Dollars f8O.OO)for a license for one year,shall,if in his
opinion the applicant is entitled to a license under the provisions
of this ordinance and the laws of the State of Colorado,issue a
license to said person,finn or corporation to sell beer.The license
shall state on its face that it is issued subject to the laws of the
—2—
State of Colorado and to the ordinances of the Town of Estes Park,
the place where such beer may be sold,and whether or not the beer
so sold may be consumed on the premises,and the period for which said
license is issued.
Section 10.No license shall be issued to any person under the
age of eighteen years,nor to any person who has been convicted of a
felony or has been adjudged guilty by a Court of Record of violating
the laws governing the prevention of gambling under the laws of the
State of Colorado or under the laws of the United States.
Section 11.All licenses herein provided for shall be good for
one year frr the date of issue unless previously revoked,and all
licenses shall be non—transferable both as to place and as to person.
Section 12.The Board of Trustees may revoke any license issued
hereunder upon showing that the holder of said license has been
convicted of a violation of any of the provisions of this ordinance,
or upon showing that the application for any such license,or any
statement therein,is false.
Section 13.ill licenses heretofore issued by the Town of Estes
Parc are hereby cancelled and the Town Clerk shall forthwith notify
the holders of any license heretofore issued to surrender such license
to the Town Clerk,and upon such surrender the applicant shall be
entitled to a credit of the amount paid to the Town of Estes Park for
such license.Provided,however,that the holder of any such license
may at the time of so surrendering such license make application
under the provisions of this ordinance for a license to sell beer,
in which case,providing that the applicant is a proper person under
the provisions of this ordinance to be entitled to a license to sell
beer,the Town Clerk shall issue a license to said applicant to sell
beer upon the payment of the sum of ighty Dollars f480,00)for a
license for one year.
—3—
(Th
.
Section 14.Any licensee or other person who shall violate
any of the pravision of this ordinance shall upon conviction thereof
be fined not more than Three Hundred Dollars (300.00)or imprisoned
in the Town jail not to exceed ninety (90)days for each offense,
and each twenty—four hour period in which such violation is committed
shall constitute a separate oiTens,and all licenses theretofore
issued to such licensee may thereupon be revoked.
Passed and adopted at a regular meeting of the Board of Trustees
of the Town of Estes Paik on the —day of July,
A•D.1953.
-—Town Clerk.
-4—