Ordinance 73-11; As Amended by Ordinance # 90-12-16

 

 

An Ordinance Prescribing Rules and Regulations for sale of Beer and Wine in Horn Lake, Mississippi

 

 

        Whereas, at a special election held October 15, 1966, the qualified electors of DeSoto County, Mississippi, id vote to permit the transportation, storage, sale, distribution, receipt and/or manufacture of wine and beer having an alcoholic content or not more than Four Percent (4%) by weight; and

 

        Whereas, Section 10224, Mississippi Code of 1942, Annotated and Recompiled authorizes municipalities to make rules and regulations for the sale of beer within municipalities fixing zones and territories, prescribing hours of opening and closing such other measures as will promote the public health, morals and safety; and

 

        Whereas, the Mayor and Board of Aldermen having made due investigation does hereby promulgate these rules and regulations as authorized by law:

 

        Therefore, be it ordained by the Mayor and Board of Aldermen of the City of Horn Lake, Mississippi:

 

Section 1. 

That it will promote the public health, morals and safety to provide reasonable rules and regulations governing the sale of beer and wine as provided in this order.

 

Section 2.         As Amended by #90-12-16

 

That it shall be unlawful in the City of Horn Lake, Mississippi, for the holder of a permit authorizing the sale of beer or wine at recall:

a.    To sell, give or dispense or permit to be consumed in or upon a licensed premises any beer or wine during the days of Monday through Saturday between the hours of 7:00 A. M. and Midnight Saturday and 1:00 P.M. to Midnight on Sunday.

b.    To sell or store beer or win within 400 feet of any church, school, kindergarten, or funeral home, but within an area zoned commercial or business such minimum  distance shall be not less than 100 feet.  The distance shall be measured from the actual location of the business to the building housing the church, school, kindergarten, or funeral home.

c.     To permit the consumption of beer or wine on the premises of any retail establishment unless such establishment is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable seating facilities for guests and has suitable kitchen facilities connected therewith for cooking an assortment of foods and meals commonly ordered at various times of the day; the service of such food as sandwiches and salads only shall not be deemed in compliance with this requirement.  No place shall qualify as a restaurant under these rules and regulations unless 50% or more of the revenue is derived from such place shall be from preparation , cooking and serving of meals and not from the sale of alcoholic beverages; provided, however, this regulation © shall not apply to a club organized not primarily for pecuniary profit, but for the promotion of some common object other than the sale or consumption of alcoholic beverages, maintained by its members through the payment of annual dues and owning, hiring or leasing a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests and having no member, officer, agent or employee of the club paid directly or indirectly in the form of a salary or other compensation for any profit from the distribution or sale of alcoholic beverages to the club or to members or guests of the club beyond such a salary or compensation as ma be fixed or voted at a proper meeting by the Board of Directors or their Governing Authority.  Each retail establishment where sale of beer or wine for consumption on premises is permitted shall have the burden of proving that 50% or more of the revenue derived from such place shall be from the serving of meals as aforesaid and not from the sale of alcoholic beverages.  It will be the duty of every such retailer of alcoholic beverages to keep and preserve for a period of three (3) years, records of the gross income, gross receipts, or gross proceeds of sales of the business, including all invoices of merchandise purchased, all bank statements and cancelled checks, and all other books or accounts as many be necessary to determine the financial position of the business.  Restaurants shall keep gross sales in two (2) separate accounts; food and alcoholic beverages.  Said records shall be adequate in substance to conform with generally accepted accounting practices and all such records shall be written in the English language.  All records shall be open for examination at any time by the City Clerk, Police Chief, City Attorney, Mayor or any member of the Board of Aldermen.

d.    To sell, give or furnish any wine or beer to any person visibly or noticeably intoxicated or to any insane person or to any habitual drunkard or to any person under legal age.

e.    To permit on the premises any lewd, immoral or improper

 

 Section 3.

 

 Any person, form or corporation who willfully violates any of these regulations shall be guilty of a misdemeanor and upon conviction shall be fined not less that $10.00 nor more than $500.00 and on failure to pay such fine and all costs shall be imprisoned for not less than five (5) nor more that thirty (30) days in the County jail and in addition any privileged license issued by the City shall be automatically revoked.

 

Section 4.

 

That this ordinance shall take effect from and after its adoption and shall be enforced by any lawful officer of the City of Horn Lake and DeSoto County, Mississippi.

 

        This ordinance is being adopted for the immediate and temporary preservation of the public peace, health, safety and development of the City of Horn Lake, Mississippi.

 

        Dated this the 15th day of May 1973.