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.