(a) License Required for Manufacture, Sale or Transportation. No person shall manufacture, sell, possess for sale, transport or distribute non-intoxicating beer within this City except in accordance with the provisions of this article and after first obtaining a City license therefore, as hereinafter provided.
(b) License Tax Imposed.
(1) There is hereby levied and imposed an annual license tax upon all dealers in and of non-intoxicating beer, which license period shall begin on the first day of July of each year and end on the thirtieth day of June of the following year, and if granted for a less period, the tax shall be computed quarterly in proportion to the remainder of the fiscal year as follows:
A. Retail dealers shall be divided into two classes, Class A and Class B. In the case of a Class A retail dealer the annual license fee shall be one hundred dollars for each place of business; the annual license fee for social, fraternal or private clubs not operating for profit, and having been in continuous operation for two years or more immediately preceding the date of application, shall be one hundred dollars.
(2) Class A licenses issued for social, fraternal or private clubs shall authorize the licensee to sell non-intoxicating beer at retail for consumption only on the licensed premises where sold. All other Class A licenses shall authorize the licensee to sell non-intoxicating beer at retail for consumption on or off the licensed premises.
(3) In the case of a Class B retailer, the license fee shall be fifteen dollars for each place of business. A Class B license shall authorize the licensee to sell non-intoxicating beer at retail in bottles, cans or other sealed containers only, and only for consumption off the licensed premises. Sales under this license to any person at any one time must be in less quantities than five gallons. Such license may be issued only to the proprietor or owner of a grocery store. For the purpose of this article the term "grocery store" means and includes any retail establishment commonly known as a grocery store, or delicatessen, where food or food products are sold for consumption off the premises.
(4) In the case of a distributor the license fee shall be two hundred fifty dollars for each place of business.
(5) In the case of a brewer, with its principal place of business located in the City, the license fee shall be five hundred dollars for each place of manufacture.
(c) Application for License. A license may be issued by the City Recorder to any person who submits an application therefore, accompanied by a license fee, stating under oath:
(1) The name and residence of the applicant, how long he has resided there, that he has been a resident of the State of West Virginia for a period of two years next preceding the date of his application, that he is twenty-one years of age, and, if a firm, association, partnership or corporation, the residence of the members or officers for a period of two years next preceding the date of such application.
(2) The particular place for which the license is desired and a detailed description thereof.
(3) The name of the owner of the building and, if the owner is not the applicant, that such applicant is the actual and bona-fide lessee of the premises.
(4) That the place or building in which it is proposed to do business conforms to all laws and Ordinances regarding health, building and fire regulations applicable thereto and is a safe and proper place or building, and is not within three hundred feet of any school or church, measured from the front door, along the street or streets; provided, that this requirement shall not apply to a Class B licensee.
(5) That the applicant has never been convicted of a felony, or a violation of the liquor laws, either federal or State.
(6) That the applicant has not during five years next immediately preceding the date of the application had a non-intoxicating beer license revoked, nor during the same period been convicted of any criminal offense.
The foregoing provisions and requirements are mandatory prerequisites for the issuance of a license, and in the event any applicant fails to qualify there under, the license shall be refused. In addition to the information furnished in any application, the City Treasurer or the City Council may make such additional and independent investigation of each applicant, and of the place to be occupied as deemed necessary or advisable.
(d) Fees for Issuance of License. Every applicant for a license under this article shall, before the license is issued, pay to the City Recorder the applicable license tax and in addition shall pay a fee of fifty cents ($.50) for each license certificate to cover the costs of issuance thereof.
(e) Grounds for Refusing License. The City Council, acting upon the recommendation of the City Recorder or upon its own motion, may refuse a license to any applicant under the provisions of this article if it shall be of the opinion:
(1) That the applicant is not a suitable person to be licensed; or
(2) That the place to be occupied by the applicant is not a suitable place; or in the case of a Class A license, that the place to be occupied is within three hundred feet of any church or school, measured from front door to front door along the street or streets; or
(3) That the license should not be issued for reason of conduct declared to be unlawful by this article.
(f) License Not Transferable; Change of Location. No license issued under the provisions of this article shall be transferred to another person, nor shall the location of the premises to which the license relates be changed without the consent of the City Council, which consent may be refused, in its discretion.
(g) Display of License. Each license issued under the provisions of this article shall be maintained on display in a conspicuous place on the premises to which it relates.
(h) Unlawful Acts; Penalties. It shall be unlawful:
(1) For any licensee, his servants, agents or employees to sell, give or dispense, or any individual to drink or consume, in or on any licensed premises or in any rooms directly connected therewith, non-intoxicating beer on weekdays between the hours of 2:00 a.m. and 7:00 a.m., or between the hours of 2:00 a.m. and 1:00 p.m. on any Sunday, except in private clubs licensed under the provisions of West Va. Code Article 60-7, and Section 741.01h where the hours shall conform with the hours of alcoholic liquors;
(2) For any licensee, his servants, agents or employees, to sell, furnish or give any non-intoxicating beer to any person visibly or noticeably intoxicated, or to any insane person, or to any habitual drunkard, or to any person under the age of twenty-one years;
(3) For any distributor to sell or offer to sell, or any retailer to purchase or receive, any non-intoxicating beer except for cash; and no right of action shall exist to collect any claims for credit extended contrary to the provisions of this subdivision. Nothing herein contained shall prohibit a licensee from crediting to a purchaser the actual price charged for packages or containers returned by the original purchaser as a credit on any sale, or from refunding to any purchaser the amount paid or deposited for such containers when title is retained by the vendor;
(4) For any brewer or distributor to transport or deliver non-intoxicating beer to any retail licensee on Sunday;
(5) For any brewer or distributor to give, furnish, rent or sell any equipment, fixtures, signs or supplies directly or indirectly or through a subsidiary or affiliate to any licensee engaged in selling products of the brewing industry at retail, or to offer any prize, premium, gift or other similar inducement, except advertising matter of nominal value, to either trade or consumer buyers; provided, that nothing contained herein shall prohibit a distributor from offering for sale or renting tanks of carbonic gas;
(6) For any licensee to transport, sell, deliver or purchase any non-intoxicating beer or product of the brewing industry upon which there shall appear a label or other informative data which in any manner refers to the alcoholic content of such beer or product of the brewing industry, or upon the label of which there appears the word or words "strong," "full strength," "extra strength," "prewar strength," "high test" or other similar expressions bearing upon the alcoholic content of such product of the brewing industry, or which refers in any manner to the original alcoholic strength, extract or balling proof from which such beverage was produced, except that such label shall contain a Statement that the alcoholic content thereof does not exceed three and two-tenths percent by weight;
(7) For any licensee to permit in his premises any lewd, immoral or improper entertainment, conduct or practice;
(8) For any licensee except the holder of a license to operate a private club issued under the provisions of West Va. Code Article 60-7, to possess a federal license, tax receipt or other permit entitling, authorizing or allowing such licensee to sell liquor or alcoholic drinks;
(9) For any licensee to obstruct the view of the interior of his premises by enclosure, lattice, drapes or any means which would prevent plain view of the patrons occupying such premises. The interior of all licensed premises shall be adequately lighted at all times; provided, that provisions of this subdivision shall not apply to the premises of a Class B retailer or to the premises of a private club licensed under the provisions of West Va. Code Article 60-7;
(10) For any licensee to manufacture, import, sell, trade, barter, possess or acquiesce in the sale, possession or consumption of any alcoholic liquors on the premises covered by such license or on premises directly or indirectly used in connection therewith; provided, that the prohibitions contained in this subdivision with respect to the selling or possessing or to the acquiescence in the sale, possession or consumption of alcoholic liquors shall not be applicable with respect to the holder of a license to operate a private club issued under the provisions of article 7, chapter 60 of the Code of West Virginia;
(11) For any licensee to print, paint or place upon the door, window or in any other public place in or about the premises, the word "saloon" or word of similar character or nature, or for the word "saloon" or similar words to be used in any advertisement by the licensee;
(12) For any retail licensee to sell or dispense non-intoxicating beer purchased or acquired from any source other than a licensed distributor or brewer under the laws of this State;
(13) For any licensee to permit loud, boisterous or disorderly conduct of any kind upon his premises or to permit the use of loud musical instruments if either or any thereof may disturb the peace and quietude of the community wherein such business is located; provided, that no licensee shall have in connection with his place of business any loudspeaker located on the outside of the licensed premises that broadcasts or carries music of any kind;
(14) For any person whose State license has been revoked, as provided in West Va. Code Article 11-16, to obtain employment with any retailer within the period of one year from the date of such revocation, or for any retailer to employ knowingly any such person within such time;
(15) For any distributor to sell, possess for sale, transport or distribute non- intoxicating beer except in the original container;
(16) For any licensee to permit any act to be done upon the licensed premises, the commission of which constitutes a crime under the laws of this State;
(17) For any Class B retailer to permit the consumption of non-intoxicating beer upon his licensed premises;
(18) For any licensee, his servants, agents or employees, or for any licensee by or through such servants, agents or employees, to allow, suffer or permit any person under the age of eighteen years to loiter in or upon any licensed premises; except, however, that the provisions of this subdivision shall not apply where such person under the age of eighteen years, is in, on or upon such premises in the immediate company of his parent, or where and while such purpose of and actually making a lawful purchase of any items or commodities therein sold, or for the purchase of and actually receiving any lawful service therein rendered, including the consumption of any item of food, drink or soft drink therein lawfully prepared and served or sold for consumption on such premises.
Any person who violates any provision of this section shall, upon conviction, be punished for each such offense by a fine of not less than twenty-five dollars nor more than five hundred dollars, or imprisoned for not more than thirty days, or by both such fine and imprisonment in the discretion of the court.
(i) Revocation or Suspension of License.
(1) The City Council shall have the right to revoke or suspend the license of any licensee under this article:
A. For any of the reasons and upon any grounds declared to be unlawful by subsection (h) hereof; or
B. For any reason or ground upon which a license might have been refused in the first instance had the facts at the time of issuance of such license been known to the City Council.
(2) In addition to the grounds for revocation or suspension of a license above set forth, conviction of the licensee of any offense constituting a violation of the laws of this City or State or of the United States regarding non- intoxicating beer or alcoholic liquor shall be mandatory grounds for revocation or suspension of a license.
(j) Hearings.
(1) No such revocation or suspension shall be made by the City Council unless and until a hearing shall be held after ten days notice to the licensee of the time and place of such hearing, which notice shall contain a Statement or specification of the charges, grounds, or reasons for such proposed contemplated action, and which shall be served upon the licensee as other notices, or by registered mail to the address for which license was issued; at which time and place, so designated in the notice, the licensee shall have the right to appear and produce evidence in his behalf, and to be represented by counsel.
(2) The City Council shall have authority to summon witnesses in the hearing before them. If, at the request of the licensee or on his motion, the hearing shall be continued and shall not take place on the day fixed by the City Council in the notice above provided for, then such licensee's license shall be suspended until the hearing and decision of the City Council, and in the event of revocation or suspension of such license, upon hearing before the City Council, the licensee shall not be permitted to sell beer pending an appeal as provided for by this article. It shall be unlawful for any person to continue to sell beer after his license has been suspended or revoked and, upon conviction thereof, he shall be punished as provided in subsection (h) hereof.
(3) The action of the City Council in revoking or suspending a license shall be subject to review upon certiorari by the circuit court of Greenbrier County when such licensee may be aggrieved by such revocation or suspension, in the manner as provided in West Va. Code 11-16-15a in action by the State Non-intoxicating Beer Commissioner to revoke or suspend a State license.
(4) All such hearings, upon notice to show cause why a license should not be revoked or suspended, before the City Council, shall be held in the City Building unless otherwise provided in such notice, or agreed upon between the licensee and the City Council.
(5) Whenever any licensee under this article has been convicted of an offense constituting a violation of this Code or other ordinance of this City regarding non-intoxicating beer or alcoholic liquor, the Recorder shall forward to the West Virginia Non-intoxicating Beer Commissioner a certified copy of the order or judgment of conviction.
(k) Re-issuance of License after Revocation. No license shall be issued to any person who has formerly held a license under the provisions of this article which has been revoked by the City Council or by a court or officer having competent jurisdiction within a period of two years from the date of such revocation; nor shall any license be issued hereunder to any person who was an officer or stockholder of a corporation whose license was revoked as aforesaid, nor to any person who was a member of a partnership or association whose license was revoked as aforesaid, nor to the wife or husband of any person whose license was revoked as aforesaid, within said period of two years from the date of revocation; nor shall any license be issued to any corporation having a stockholder or director who has had a license revoked as aforesaid, within such period of two years from the date of revocation of such person's license.
(Ord. 263. Passed 7-19-16.)