BROOKHAVEN

 

BEER LAWS

 

DISCLAIMER ?This information is mostly sourced from the City Clerk’s office. This is not intended to be legal representation and is not guaranteed to be accurate or current. For actual representation, consult an attorney. To research the actual ordinance, consult the City Clerk whose office at the time of this disclaimer is located in the Lincoln County Courthouse. Produced June 2000.

 

 

 

Section 3-2: What are the territorial boundaries for sale?

 

It shall be unlawful for any person to sell, receive, store or transport for the purpose of selling beer of any alcoholic content within the following described areas within the city:

 

The territory bounded on the north by the centerline of East Congress Street and a

projection thereof westerly to the main line of the Illinois Central Railroad Company,

on the East by Penn Street, on the South by East Monticello Street and on the West by

the I.C. Railroad Co. Main Line;

 

The territory bounded on the south by Mississippi State Highway 550 (Congress

Street), on the east by Curran Avenue and an extension thereof northerly to Lipsey

Street, on the north by Lipsey Street, and on the west by Drury Lane. (Ord. Of 9-2-69,

1, M.B. 26, P. 203.)

 

Section 3-4: How do I apply for a beer license?

Any person desiring a license to sell beer at retail or desiring to renew such a license shall file an application with the mayor and board of aldermen in the form of a sworn statement giving his address, the name of his business, its location, and, if a partnership, firm or association, the name and address of each partner or member and, if a corporation, the names of two principal officers, and post office address and the nature of business in with engaged. In case any business is conducted by the same person, firm or corporation at two or more separate places, a separate license for each place of business shall be required. (Ord. Of 12-27-66, 4)

 

 

Section 3-5: What are the requirements of the applicant?

 

The applicant shall show in his sworn application for a license that he possesses the following qualifications:

 

1.      Applicant must be over twenty-one (21) years of age and a person of good moral character, a citizen of the United States and the State of Mississippi.

2.      Applicant shall not have been convicted in this or any other state of a felony, or of pandering or of keeping a house of prostitution.

3.      Applicant shall not have been convicted in this or any other state within five (5) years preceding the date of his application of any laws of this or other states, or of the United States relating to alcoholic liquors, or gambling, or have had revoked any license or permit to sell alcoholic liquor of any kind.

4.      Applicant shall be the owner of the premises for which the permit is sought or the holder of a bona fide written lease thereon.

5.      If applicant is a co-partnership, all members of the co-partnership must be named and shall be qualified to obtain a license.

6.      If applicant is a corporation, all officers and directors thereof, and any stockholder owing more than five percent of the stock of such corporation, and the person or persons who shall conduct and manage the licensed premises for the corporation shall possess all the qualifications required herein for an individual permittee; provided, however, that the requirements as to residence shall no apply to officers, directors, and stockholders of such corporation, but such requirements shall apply to any officer, director or stockholder who is also the manager of the licensed premises or who is engaged or employed at the licensed premises in any capacity, in the conduct or operation of the licensed premises.

 

Any mis-statement or concealment of fact in an application shall be grounds for revocation of the license issued thereon. (Ord. Of 12-27-66, 4)

 

 

Section 3-6: How often must I renew and can I transfer my license?

All city privilege licenses under this chapter shall be applied for and renewed annually. They shall be displayed conspicuously in licensee’s place of business, and they shall not be transferable. (Ord. Of 12-27-66, 2)

 

Section 3-7: What are the restrictions on my premise?

 

(a)     There shall not be issued or granted by the City any privilege license or permit of the sale of beer at or on premises which are:

 

(1)  Part of a homestead, dwelling, boarding or rooming house or used wholly or in part as sleeping quarters, unless a properly licensed restaurant operated as a part of a hotel or motel; or

(2)  Within four hundred (400) feet of any church, school, kindergarten or funeral home. However, within such area zoned commercial or business, such minimum distance shall not be less than one hundred (100) feet.

(3)  Located within three hundred (300) feet of any building or of any property used as a parking area/ or vehicle except with the written consent of at least eighty percent of the adult parties, other than those already duly licensed to engage in the sale of beer, who reside in and/or have charge of the use of such buildings and property; provided that subjects shall not be construed so as to affect license and-or permits legally issued prior to December 9, 19765 or renewals of such license and/or permits; or

(4)  Located within three hundred (300) feet of Whitworth College Campus.

 

(b) The minimum distance set forth in this section shall be measured from the

nearest property line of the building housing the church, school, kindergarten,

funeral home, campus or parking area to the nearest property line of the building

wherein alcoholic beverages are to be sold. (Ord. No. 118-1992, 6-16-92)

 

 

Section 3-8: What exceptions are there to the location rule?

 

If the mayor and board of aldermen find and determine upon application of any party interested that the issuance of a privilege license for the sale of beer under the conditions of section 3-7 would not be detrimental to the public health, morals and safety of the citizens of the city, and, in cases where the distance between the main public entrance of the premises at which beer would be sold and the entrance of a church or school building is pertinent, upon written request from the owner or party in charge of the institution occupying such building, the mayor and board may issue a special permit allowing the sale of beer despite the existence of conditions set forth in section 3-7. Provided, that such special permit may be revoked should the mayor and board subsequently find that the sale of beer on such premises is detrimental to the public health, morals, and safety of the citizens or the city.

 

Section 3-9: What must I restrict and reframe from doing?

 

1.      To sell, give or dispense, or permit to be consumed on the premises, any beer between the hours of midnight and 7:00 a.m. the following morning on week days, and between midnight on Saturday to 7:00 a.m. Monday morning on weekends;

2.      To sell or furnish any beer to any visibly intoxicated person, or to any insane person, or to any habitual drunkard, or to any person under the age of twenty-one (21) years, or to allow any of such persons to consume beer on the licensed premises;

3.      To permit any lewd, immoral or improper entertainment, conduct or practices on the licensed premises;

4.      To permit any breaches of the peace, or boisterous and disorderly conduct or practices on the licensed premises;

5.      To permit the use of loud musical instruments if same may disturb the peace and quiet of the neighborhood where such business is located;

6.      To permit known criminals and prostitutes to frequent the licensed premises;

7.      To permit or suffer gambling and operations of games of chance upon the licensed premises;

8.      To receive, possess or sell, or permit any person to consume on the premises any beverage of any kind or character containing more than four percentum (4%) alcohol by weight;

9.      To fail to maintain sanitary and satisfactory restrooms for men and women patrons. Restrooms must be properly lighted, equipped with both lavatories and water closets, kept in satisfactory sanitary condition, plainly marked on the entrance to same, and must allow entry from the main serving area of the eating place of which they are a part;

10.  To keep the licensed premises poorly lighted, dirty, unsanitary or covers on windows and doors to shut out view from the outside;

11.  To work or employ any person under eighteen (18) years of age when the consumption of beer on the premises is permitted;

12.  To sell, give or dispense, or permit the sale, gift or dispensation of beer through doors, windows or any other aperture in the outside walls of a building on a drive-in basis or otherwise. (Ord. Of 12-2-66, 5: Ord. No. 11-1977, 11-29-77, M.B. 28, P. 353; Ord. No. 13-1978, 3-21-78, M.B. 28, P.445)

 

Section 3-10: What are the restrictions for public carriers and service stations?

 

It shall be unlawful to sell, give or dispense or permit to be sold, given or dispensed or to consume or to permit to be consumed any beer in any eating places, waiting room or other premises which are a part of facilities serving passengers arriving or departing on busses, trains, planes or any public carrier, or in any motor vehicle or in or at any service station, unless a special permit so to do is granted by the governing authorities of the municipality; provided, however, that no special permit shall be issued for any service station unless the service station devotes an enclosed, heated area containing not less than 800 square feet exclusively to the regular retail sale of merchandise ordinarily available at grocery stores. (Ord. Of 12-27-66, 6; Ord. No. 66-1983, M. B. 32, P. 85)

 

 

Section 3-11: What are the restrictions for bars and restaurants?

 

It shall be unlawful for any person operating or working in any public place, business or establishment to serve beer for consumption on the premises unless:

 

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a)      its gross receipts from all sales are derived from the sale of food to the extent of at least fifty percent (50%); and

b)      it maintains continuously adequate seating facilities; and

c)      its principal business is the sale of food for consumption on the premises; and

d)      such place, business or establishment (1) is, and has been continuously for not less than one year immediately preceding the commencement of the serving of beer, on the premises, a properly licensed and operated eating place, OR (2) is properly licensed and is operated by the holder of a nationally recognized franchise according to standard required of all parties holding a similar franchise;

 

Or unless a special permit so to do is granted by the governing authorities of the municipality. (Ord. Of 12-27-66, 7)

 

 

 

Section 3-12: What times are unlawful for sell?

 

It shall be unlawful for any person within the city and on the premises of a public business, place or establishment to buy, receive, or consume beer except during the hours specified for the sale of beer in section 3-9 of this chapter. (Ord. Of 12-27-66, 9)

 

Section 3-13: Is there a special requirement on licensees?

 

It shall be unlawful for any public business, place or establishment to sell, give, dispense beer or allow beer to be consumed on the premises unless such business, place of establishment displays in a prominent place and sufficiently large to be plainly seen and read, the following public notice:

 

“This business is licensed for the sale of beer by the City of Brookhaven, Mississippi.?o:p>

 

Ordinance of the City of Brookhaven adopted on the 27th day of December 1966, makes it unlawful for any person with the City of Brookhaven and on the premises of a public business, place or establishment:

 

(1)    To buy, receive or consume beer during the hours of 12:00 midnight and 7:00 a.m. daily or any time on Sunday is unlawful. (Ord. Of 12-27-66, 10)

Section 3-14: Who inspects the premises?

 

The chief of police and his assistants shall regularly inspect all places at which beer is sold at retail to determine whether the license holders hereunder are complying with this chapter. Appropriate charges shall be forthwith filed against any party found violating any provision of this chapter. (Ord. Of 12-27-66, 11(a) )

 

 

Section 3-15: What are the penalties?

 

(a)     The governing authorities of the city may suspend for a specified period of time or revoke any license issued hereunder to any party (1) upon or after the first conviction of such party for a violation of this chapter, or (2) upon finding that the privilege to sell beer at retail pursuant to a license issued hereunder is being exercised by the party holding such license in a manner detrimental to the public welfare, health, safety and morals.

(b)    Upon the second conviction of a violation of this chapter by any party, the governing authorities of the city shall revoke the license hereunder to such party.

(c)     The suspension or revocation of a license as herein provided shall be in addition to and not in lieu or in limitation of the penalties authorized by section 1-9 of this Code of Ordinances. (Ord. Of 12-27-66, 1 (b,c,d)

 

 

 

Section 3-16: What are the restrictions on advertisements?

 

That it shall be unlawful to advertise or permit to be advertised the sale or availability of beer by sign, symbol, placard or printed matter of any kind except: (1) on the interior of the building where beer is sold, (2) or in a publication distributed by hand or by mail the primary purpose of which is not the advertisement of the sale or availability of beer, (3) or in a regularly published newspaper or magazine.

 

DISCLAIMER ?This information is mostly sourced from the City Clerk’s office. This is not intended to be legal representation and is not guaranteed to be accurate or current. For actual representation, consult an attorney. To research the actual ordinance, consult the City Clerk whose office at the time of this disclaimer is located in the Lincoln County Courthouse. Produced June 2000.

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