Ordinance # 90-12-16



An Ordinance Amending Prior Ordinance prescribing Rules and Regulations for sale of Beer and Wine in Horn Lake, Mississippi


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


It having become necessary to amend Section 2 of Prior Ordinance Number 73-11 and it being the intent of the Board to make such amendments as is more specifically set out below. The remaining sections and provisions set forth in prior Ordinance Number 73-11 shall remain effective unless otherwise specifically amended herein.


Amendment to Section 2 of the prior Ordinance Number 73-11 which repeals Subsection C and amends to Subsection E, the former of which deletes reference to election day poll closings and the later of which sets forth the Legal age as the criteria to whom wine or beer can be sold, given or furnished.


Section 2. (as Amended) 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