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163ORDINANCE NO. AN ORDINANCE REGULATING THE SALE, FURNISHING AND DISPENSING OF MALT, VINOUS AND ALCOHOLIC BEVERAGES: PROHIBITING FURNISHING OF SAME FOR SALE AND FURNISHING OF Sf.IIE TO CERTAIN CLASSES OF PERSONS, AND PROVIDING PENALTIES FOR THE VIOLATION OF' THIS ORDINANCE BE IT ORDAINED by the Mayor and Town Council of the Town of Atlantic Beach, Florida: Section 1. Definitions as to the terms and words used in this Ordinance shall be the same as those contained in Chapter 561 Flnrida Statutes. Section 2. Each vendor licensed to sell alcoholic beverages, intoxigating liquors, wines gr beer in the Town of ktlantic Beach shall be responsible for the orderly and legal conduct of the licensed business and premises through his agents, servants or employees, and any persons using the prem- ises with his knowledge or consent, so that a conviction in the Municipal Court of said Town of any such agent, servant, employee or person of any offense under this ordinance, shall subject the license of said vendor to suspension or revocation under the previsions of this ordinance. Section . It shall be unlawful for any person, firm or firms, corporation or corporations, to sell, give, serve, or permit to be served, alcoholic beverages, intoxicatir:g liquors, wines or beer in the Town of Atlantic Beach, Florida, to per- sons under twenty-one years of age. Section 4. It shall be unlawful for any person or persons, firm or firms, corporation or corporations, licensed t,a se4j_ &Jcohol.ic beverages, intoxicating liquors, wines or beer in the Town of Atlantic Beach, and owning, operating or having control of any barroom, taproom, salion, where alcoholic beverages, intoxicating liquors, wines !!r beer are sold, to employ any person under the age of twenty-one years to work in, around or about such place of business. Section 5. It shall be unlawful for any vendor of alcoholic beverages in the Town of Atlantic Beach, Florida, to permit or allow prostitution or the solicitation of patrons to consort with prostitutes on, within or upon the same premises or within the same building for ti-hich a license has been issued for the sale of said alcoholic beverages, intoxicating liquors, wines, or beer, or to permit said premises to be operated as a disorder- ly place or a public nuisance, or to permit therein any act in violation of any ordinance or ordinances of said Town regulating moral decency. Section 6. It shall be unlawful for any 1 icensed vendor nf alcoholic beverages, intoxicating liquors, wines or beer in the Town of Atlantic Beach, to permit or allow gambling or the solicitation of patrons to gamble on, within or upon the same premises or within the same building for which a license has been issued for the sale of alcoholic beverages, intoxicating liquors, wines or beer. Section 7. It shall be unlawful for any person or persons, firm or firms, corporation or corporations, to sell Pny spirituous, vinous or malt liquors except in the manner provided by the laws of the State of Florida. Section 8. Any person, and in the case of ) corpor,- tion the officers thereof, viol,)ting the provisions of this ordinance, shall upon conviction be punished by fine not ex- ceeding q"500.00 (-r by imprisonment not exceeding 30 days. Section 9. In addition to ,ny sentence imposed by the Municipal Judge of said Town upon conviction of any vendor of alcoholic beverages, intoxicating liquors, wines or beer in said Town, his agent, servant or employee, or any person using the premises with the knowledge or consent of the vendor or his agent, servant or employee, for the violation of any provision of this ordinance, the license of such vendor shall be subject to suspension or revocation by the Town Council of said Town as follows: For a first conviction, the license may be suspended few a period of not over 30 days. Fnr e second conviction? the license may be suspended t'pr a rwri.od of not l os9 then 30 daYy or more than 90 days. 2. For a third conviction, the license shall be revoked for the remainder of said license period, and no such licensee shall be issued a new license in the next license period until 12 months have elapsed from the &.te of such revocation. Before the said Town Council shall suspend or revoke the license of any vendor, such vendor shall be given a written statement of such cause for suspension or revocation, by regular United States Mail or by delivery at the licensed premises, and a fair hearing, if the vendor shall demand a hearing, within five days from such mailing or delivery. At such hearing the vendor shall be entitled to produce witnesses and be represented by counsel. The said Town Council shall consider the evidence pro- duced and make its order. If no hearing be demanded within five days allowed, the sa id Town Council shall forthwith consider the evidence and make its order as if the hearing had been held, on the day following the last day for such demand. Any order of suspension or revocation of a license shall be served on the vendor in the same manner as the statement of cause and shall become effective five days after such service. Section 10, All ordinances and parts of ordinances in conflict herewith are to the extent of such conflict hereby re - pea led. Section 11. This Ordinance shall become effective upon its becoming law. Passed by the Town Council on first reading September 14, 1954. Passed by the Town Council on second reading September 14,1954. Passed by the Town Council on third and final reading September 212 1954, and certified to the Mayor September 21, 1954. Attest: Town Clerk Approved, this day of 19 5 • Mayor 3.