Article I.  General Provisions linklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=99669
5.08.010: Definitions
5.08.020: License; Required
5.08.030: License; Application
5.08.040: License; Denial
5.08.050: License; Fee Schedule
5.08.060: License; Display; Transfer
5.08.070: Revocation Or Suspension Of License; Cause
5.08.080: Revocation Or Suspension Of License; Procedure
5.08.090: License; Renewal
5.08.100: Temporary Permits
5.08.110: Violation; Penalty

5.08.010: DEFINITIONS:linklink


As used in this chapter:

BEER: Any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops or any other similar product, or any combination thereof, in water.

LIQUOR: A. Beer, wine, gin, whiskey, cordials, ethyl alcohol or rum, and every liquid containing one-half of one percent or more of alcohol by volume and which is used for beverage purposes.

B. Any liquid containing beer or wine in combination with any other liquor shall not be construed to be beer or wine.

LIQUOR BOARD: The county liquor board.

ORIGINAL PACKAGE: Any container or receptacle used for holding liquor, which container or receptacle is sealed.

PERSON: Any individual, firm, partnership, association, company, corporation, organization, joint venture, social club, estate, trust, receiver, trustee, syndicate, cooperative assignee, or any other group or combination acting as a unit, or the manager, agent, officer or employee of any of them.

RETAIL LIQUOR STORE: An establishment where beers, wines and liquors, in original packages or by the drink, are sold to a consumer.

SALE OR TO SELL: Means and includes any of the following:

A. To exchange, barter, possess or traffic in;

B. To solicit or receive an order for;

C. To keep or expose for sale;

D. To serve with meals;

E. To deliver for value or in any way other than gratuitously;

F. To peddle;

G. To possess with intent to sell;

H. To transfer to anyone for sale or resale;

I. To possess or transport in contravention of this chapter;

J. To traffic in for any consideration, promised or obtained directly or indirectly; or

K. To procure or allow to be procured for any reason.

WINE: Any alcoholic beverage obtained by the fermentation of the natural content of fruits or other agricultural products containing sugar. (Ord. 50, 1972)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=99669#s1171971
5.08.020: LICENSE; REQUIRED:linklink

Every person, firm, association, or corporation engaged in the business of selling liquor, as defined by this article, in the County outside the limits of incorporated cities and towns therein, shall secure a license to be paid for and obtained in accordance with this article. (Ord. 50, 1972)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=99669#s1171972
5.08.030: LICENSE; APPLICATION:linklink

Any person, firm, association, or corporation wishing to conduct a business selling liquor, as defined by this article, shall make application in writing to the liquor board setting forth the location of the business, liquors to be sold, kind of business to be conducted and such information, on the background of such persons making application as may be required by the board either orally or in a provided written form. (Ord. 50, 1972)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=99669#s1171973
5.08.040: LICENSE; DENIAL:linklink

The county liquor board, upon review of the application of anyone applying for a liquor license and any further investigations of that person's background and character, shall grant or refuse the license or revoke any license previously issued whenever there is, in the judgment of a majority of the board, sufficient reason for such revocation. (Ord. 50, 1972)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=99669#s1171974
5.08.050: LICENSE; FEE SCHEDULE:linklink

The following is a schedule of fees to be charged for retail liquor licenses. Such fees must be paid quarterly in advance by the licensee and if permitted to lapse for any quarter, shall automatically be surrendered.


A. Schedule Of Annual Fees:

1. Class 1 license: Liquor by the drink establishments, one hundred twenty dollars ($120.00).

2. Class 2 license: Original packaged liquor establishments, one hundred dollars ($100.00).

3. Class 3 license: Beer and wine only establishments, eighty dollars ($80.00).


B. Class Explanation:

1. A class 1 liquor license allows a licensed establishment to sell liquor in any quantity and lawful kind including sales provided under classes 2 and 3 licenses of this article.

2. A class 2 liquor license allows sale of any original packaged liquors as defined by this article.

3. A class 3 liquor license allows sale of "beer" and "wine" as defined by this article in any quantity and lawful kind including original packaged beer and wine. (Ord. 50, 1972)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=99669#s1171975
5.08.060: LICENSE; DISPLAY; TRANSFER:linklink

Each license shall:


A. Be signed by the licensee;


B. Be posted in a conspicuous place in the premises for which it was issued;


C. Be nontransferable, except that upon prior written notice to the county liquor board, the location of the premises for which it was issued may be changed to another location within the county, but not within an incorporated city or town. (Ord. 50, 1972)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=99669#s1171976
5.08.070: REVOCATION OR SUSPENSION OF LICENSE; CAUSE:linklink

The county liquor board may, upon its own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any licensee under this article and shall have power to recommend the temporary suspension or permanent revocation of a license for any one of the following acts or omissions:


A. Misrepresentation of a material fact by applicant in obtaining a license under this article; or


B. If the licensee commits any act which would be sufficient grounds for the denial of an application for a license under this article; or


C. If in the judgment of the liquor board there exists any place under its jurisdiction where the sale of or disposition of intoxicating liquors may tend to create or constitute a public nuisance; or


D. Where liquor is sold there is maintained a disorderly house or place; or


E. If a minor is permitted to serve a liquor or liquor is served to any minor, intoxicated person, or habitual drunkard; or


F. If minors are permitted on the premises where liquor is served by the drink; or


G. If boisterous, obscene, or immoral acts are permitted or allowed to continue on the premises; or


H. If liquor is sold in places behind locked or barred doors or doors equipped with peepholes or entrances having obstructions of any kind; or


I. If any licensee who is the holder of a license allowing him to sell liquor only in packaged form allows anyone to open and drink liquor of any kind on the licensee's premises. (Ord. 50, 1972)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=99669#s1171977
5.08.080: REVOCATION OR SUSPENSION OF LICENSE; PROCEDURE:linklink


A. Upon the filing with the county liquor board of a verified complaint charging the licensee with the commission of an act which is cause for suspension or revocation of a license, the liquor board shall issue a citation directing the licensee, within ten (10) days after service thereof upon him, to appear by filing his verified answer showing cause, if any he has, why his license should not be suspended or revoked. Service of such citation may be made by personal service or by registered mail. The district attorney of the county is authorized to issue the citation upon behalf of the board.


B. Failure of the licensee to answer within the time specified shall be deemed an admission by him of the commission of the act or acts charged in the complaint. Upon the filing of an answer, the district attorney of the county shall fix a time and place for a hearing and give the licensee and the complainant not less than five (5) days' notice thereof. Such notice may be served by depositing a copy of the notice in the U.S. mail and addressed to the licensee and to the complainant, respectively, at their last known address.


C. Upon the hearing, the county liquor board shall hear all relevant and competent evidence offered by the complainant and by the licensee and upon conclusion of the hearing shall render its decision within ten (10) days and give notice of the decision to the parties within ten (10) days after the decision has been rendered.


D. In the event there is a revocation or suspension of such license, no refund of license fees shall be made nor shall the proceedings hereunder in any way affect a criminal prosecution. (Ord. 50, 1972)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=99669#s1171978
5.08.090: LICENSE; RENEWAL:linklink

All liquor licensees required to have a license under the provisions of this article, who have an existing valid license, provided that there has been no change of ownership or location, are required only to pay the license fee as provided in this article and return a completed renewal application form as provided by the county liquor board. (Ord. 50, 1972)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=99669#s1171979
5.08.100: TEMPORARY PERMITS:linklink

Nonprofit organizations wishing to have temporary concessions for the sale or dispensing of liquor must first get approval and a permit from the liquor board. Such concessions are subject to all rules or restrictions set forth by the liquor board in the permit. (Ord. 50, 1972)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=99669#s1171980
5.08.110: VIOLATION; PENALTY:linklink

Any licensee, or employee, or agent of a licensee who violates any of the provisions of this article which are specific grounds for the revocation or suspension of a liquor license under the provisions of this article shall be guilty of a misdemeanor. (Ord. 50, 1972)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=99669#s1171981