Las Vegas City Ordinances, March 31, 1933 to October 25, 1950, lvc000014-19

ORDINANCE NO. 198 AN ORDINANCE REGULATING THE DISTRIBUTION OF BEER, WINE OR OTHER BEVERAGES WHICH ARE NOW OR MAY HEREAFTER BE AUTHORIZED BY THE LAWS OF THE UNITED STATES TO BE SOLD OR DISTRIBUTED; REGULATING PLACES WHERE AND CONDITIONS UNDER WHICH SUCH LIQUORS OR BEVERAGES MAY BE SOLD OR OTHERWISE DISTRIBUTED; PROVIDING FOR THE ISSUANCE OF PERMITS AND LICENSES AND THE IMPOSING OF TAXES; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. The Board of Commissioners of the City of Las Vegas do ordain as follows: Section 1. For the purposes of this Ordinance, a retail liquor or beverage establish­ment, a wholesale liquor or beverage establishment, and liquors and beverages are defined as follows: A retail liquor establishment is defined to be a place where liquors or bev­erages, as herein defined, are sold, served or given away, provided that such liquors or beverages may be sold, served or given away in quantities not to exceed 4 9/10ths gallons, to the same person or for the use of the same person, at any one time. A wholesale liquor establishment is defined to be a place where liquors or beverages, as herein defined, are sold, served or given away, or distributed in quantities of not less than 5 gallons, contained in sealed or corked packages or kegs, and not to be consumed upon the premises where so sold, served, given away or distributed. A beverage or liquor shall be defined as any vinous, malt or other liquor which now is, or may hereafter be, authorized by the laws of the United States to be sold or distributed. Section 2. It shall be unlawful for any person, firm, corporation, co-partnership, association, social club, or association of persons of any kind whatsoever, to sell, offer to sell, serve or give away, or cause or permit to be sold, served, or given away, any liquor or beverage, as herein defined, in the City of Las Vegas, without first making appli­cation for and securing a permit and license so to do; provided that any such liquor or bev­erage may be served by a private family at home as a part of its family life; or provided further, that the provisions of this Section shall not apply to the sale or giving away by regularly licensed druggists of any of such liquors or beverages upon a physician's certificate. Any violation of any provision of this Section shall constitute a misdemeanor, and shall be punishable by a fine of not less than Fifty Dollars ($50.00), nor more than Three Hundred Dollars ($300.00), or by imprisonment in the City Jail of Las Vegas for a period of not less than thirty days nor more than six months, or by both such fine and imprisonment. Section 3. Whenever any person desires to open, keep, carry on or conduct a wholesale or retail liquor or beverage establishment in the City of Lae Vegas, or engage in the business thereof, such person shall make application in writing to the Board of Commissioners of said City for permission to obtain a liquor or beverage license and said application shall contain and set forth the following: (a) The name and residence of the applicant or appli­cants, and how long a resident of the City of Las Vegas; (b) The kind of license desired (whether a wholesale license or a retail license), and the particular place for which such license is desired, and the name of the owner of the premises wherein such business is to be conducted; (c) The person or persons interested in the business asked to be licensed; (d) A statement that if such permit is granted and a license issued, same will be accepted by applicant subject to the terms and provisions of this Ordinance and to such other rules and regulations as may at any time hereafter be adopted or enacted by resolution of the Board of Commissioners of said City of Las Vegas; (e) Said application must be verified by the appli­cant or applicants therefor. Section 4. The Board of Commissioners of said City of Las Vegas may, if the applicant or applicants for permission to obtain a license or licenses is, or are, in the opinion of said Board, a proper person or persons to carry on such business, or business, make an order that the City Clerk issue a license to such person or persons, upon the payment of the sum required for the particular kind of license for which the application is made. Section 5. When an applicant for a permit or a license is a corporation or association, the application may be verified by its President, Secretary or Manager, and in addition to the matters and things hereinbefore required to be set out in the application, there shall be set forth the name of the person or persons who shall have the management of its business for which or in connection with which a license is desired, and the names of the persons composing its Board of Directors or governing body. Section 6. Any license to conduct any of the businesses herein mentioned, granted and issued by the Board of City Commissioners shall continue in force for a period of one year from the date of issuance unless such license shall have been revoked, cancelled or de­clared forfeit; but the Board of City Commissioners may at any time in its discretion, without notice, revoke, rescind or cancel any permit for a license theretofore granted, and may cancel and declare forfeit any license issued; and every licensee accepts the permit granted and the license issued subject to such right of revocation without notice; provided, however that if any such license is declared forfeited or cancelled without the preferment of charges against or the giving of notice to the holder thereof, there shall, on the can­cellation or forfeiture of such license, be returned to such former licensee, upon hie application therefor, the pro rata portion of the license fee for the balance of the year for which payment was theretofore made in advance. If neither the permit received nor the license granted under the provisions of this ordinance be rescinded, revoked or cancelled, the licensee may renew his license, upon application therefor, annually thereafter, by paying at the time of making application for such renewal the amount of the license tax as herein specified, or which may hereafter be fixed by the Board of City Commissioners. All license payments to be paid in advance for each year and to be paid in lawful money of the United States at the office of the City