Clay County observes Emergency Medical Services Week, May 15-21

This week, May 15-21 is observed as National Emergency Services week. And, in this county, we are blessed with them, who work from the heart, just because they care about people and want to make a difference.

20160117_142957

Known as the Volunteer County, and with good reason, we simply do not have the resources or funds to have a good supply of paid emergency staff on call 24/7, which makes us extremely fortunate that there are caring individuals who will take time out of their busy day to help out in just about any emergency situation. Many of these amazing people are full-time employees, business owners, and/or have families at home, so their sacrifice is to be well-commended.

wreck victim 2

With as many as 18 volunteer fire departments in this county, and a host of volunteer Rescue Squad members, you will never find an emergency scene lacking for assistance. There are many who answer calls in the wee hours of the morning, and still manage to find a way to drag themselves to work with little or no sleep. I don’t think you will find a better bunch of folks anywhere you go, which is just a fraction of what makes this county so special.

exercise 40

So, reach out to anyone you know who fits this bill, or even someone you don’t, not just during the week, but every single day. I promise you, at some point in time, you will need them, if you haven’t already. Just a simple handshake will suffice and will be appreciated more than you know.

rescue-6

I’m calling on every local business, organization, politician, governing body and citizen to recognize each one of the extraordinary emergency personnel in some fashion: first responders, emergency medical technicians, paramedics, emergency medical dispatchers, firefighters, and trained members of the public to show your gratitude for the spectacular public service they perform when needed. Who knows, one day it might be your life they save….

Please follow and like us:
Follow by Email
Facebook
Facebook
Google+
http://www.ClayCountyWeb.com/articles/emergency-medical-services-week-may-15-21-in-clay-county/
Twitter
SHARE

Commission hears presentations and reports; adopts Emergency Medical Services Week

 

Planning Session

Bob Holmes, of Homestead farms was present to address the Commission. Holmes was happy to report they had been very busy with their fruit pickings that was bringing a lot of new people into the county. Homestead Farms has fresh vegetables and fruit for citizens to come pick and is located on County Rd 7. This U-pick farm was bringing people from Tuscaloosa, Columbus, Jasper, LaGrange, Bowden, Ga. Jacksonville,  and Birmingham.

13214526_10205652197976895_22352771_oHolmes reported they had 15,000 strawberry plants in and were staying picked out.  They will add another 15,000 next year.  Holmes said he appreciated the Commission’s support, and reported he was still ” Having fun at 77 years old”.  Homes invited everyone for a visit. Johnson thanked Holmes for his investment in Clay County and also for being an Ambassador for the county as well.

John  DeCourcey was present to give an update on the Airport Improvement program.

13161022_10205652197856892_2037080609_o

Engineer Stan Nelson of Nelson & Company gave an update on the CDBG Project on County Rd 5. Nelson reported there were days the contractors weren’t able to get  20 feet of pipe installed due to almost solid granite. Nelson reported they were getting close to Mt. Zion Rd which is almost halfway completed. “It’s just taking a whole lot longer due to solid rock and not being able to blast through”, said Nelson. The cost of this project is unknown at this time, due to length of services and the number of people who end up signing up for water services, but if there are additional funds, the contractors will extend water further up the road.

13210954_10205652198056897_1616679568_o

On another note, Millerville Water had made drastic improvements with their water loss. Millerville was losing 87% of their water supply, due to leaks, now it has been cut down to half.  They have put in 28 new valves, which has cut the water loss by 70%. They are now running 70,000- 80,000 gallons a day versus the 170,000-190,000 before the improvements.

General Meeting

County Engineer Butler stated he needed a Resolution execute Project agreement with ALDOT for CR 30, from state route 49 to Cragford School, CR 2 to Creek Rd, CR 7 to state route 9. The combined total of these projects is just shy of 1.3 million, to be covered with match-free grant funds.

The following agenda items were approved:

  • Approval to participate in the Sales Tax Holiday Resolution for the dates of August 6, 2016 ending at midnight, August 8, 2016.
  • Approval to appoint Lisa Mask to the DHR Board by Commissioner Ray Milstead.
  • Approval to award contract to re-write and update Hazard Mitigation plan to Lee Helms & Associates. EMA Director explained they were required to update every 5 years, and is now currently expired. This will be paid with matching grant funds.
  • Approval to accept Courthouse Roof Warranty
  • Approval to authorize bids to upgrade hardware for new phone services, if needed.  There had been multiple problems reported with telephone service at Commission Office and Sheriff’s Office, which was designated as ” Almost unrepairable”.   County Engineer Jeremy Butler stated his Department had switched phone carriers and would now be saving up to $150.00 a month.
  • Approval to recognize Emergency Medical Services week beginning May 15-21, 2016 with a Resolution, honoring anyone who works with Emergency services.This was adopted with a unanimous vote.
  • Approval to extend service agreement for the surveillance cameras at the courthouse. This warranty was set to expire on May 29, 2016. This one year extension will cost $693.55 and will warranty all cameras. One of these cameras alone would cost around $700.00, if replaced.

13170651_10205652197936894_1061615937_o

Johnson stated  a total of $34, 923,09 of federal forest funds had been allocated to date to the Rescue Squad and some volunteer fire depts for reimbursement of services rendered through rescue missions in the Talladega National Forest.

Sheriff Latham announced the Sheriff Department had been awarded a $10,000 grant for new bodycams for on-duty Officers.

 

 

Please follow and like us:
Follow by Email
Facebook
Facebook
Google+
http://www.ClayCountyWeb.com/articles/commission-hears-presentations-and-reports-adopts-emergency-medical-services-week/
Twitter
SHARE

Lineville City Council approves an alcohol license, opens position

The Lineville Council met Wednesday, May 4, 2016 for the regular bi-monthly meeting with a relatively short agenda. The following items were approved:

  • Three Ordinance were adopted involving annexation of the three separate properties.
  • Approval to adopt a job description and open position for Librarian. The position will be advertised in the local paper. Applications will be taken until May 20, 2016 at 5:00 PM.
  • Approval to Hire Sandra Edmondson as a part-time bus driver for the city.
  • Approval to accept audited financial statements
  • Approval to purchase a new patrol car from a state bid list
  • Approval to issue Hill Petroleum, better known as Marathon, an alcohol license.

There was discussion about the Grace house ( former Twin Oaks facility), when Mayor Adamson inquired if they had received anything from the Fire Marshal concerning the facility. Maintenance Supervisor Rusty Taylor said no, but said he did go down there as requested by the fire marshal to inspect the fire alarms.

13199489_10205652196496858_1295597779_o

The Mayor reported that 2 weeks into alcohol sales, there had been no issues reported. This was confirmed by Police Chief Monty Giddens.

Taylor reminded everyone that Incredible Kids baseball would take place every Saturday during May, beginning at 9:00 am at the old High School Field.

 

Please follow and like us:
Follow by Email
Facebook
Facebook
Google+
http://www.ClayCountyWeb.com/articles/lineville-city-council-approves-an-alcohol-license-opens-position/
Twitter
SHARE

Ashland Council hire Code Enforcement Officer, approve an alcohol license

The Ashland Council met Monday, May 2, 2016 to discuss general city business.

Mayor Fetner said they needed to be looking for citizens of Ashland who would be interested in serving on the Planning Board and also the Alcohol License Review Committee.

A bid from Kerr Construction had been received for the demolition of the old Southland Building, but would need to be re-visited before a decision was made to make sure everyone was on the same page.

A packet for signage for the new City Hall was handed out to each council member. An electronic sign placed at the new facility would cost $17,680.00, but would be able to be programmed with upcoming events, etc. This matter will be discussed at the next meeting.

Fire Chief Brett Thompson said they had an Extrication Class scheduled for June 4, 2016.

Council member Thompson reported new counter tops would be installed this week, and the carpet had been measured for, but she had decided to go with another color. Internet access was scheduled to be installed this week as well. City Administrator Chelsea Wynn reported the telephones they were currently using were no longer made, so they were going to have to get costs of upgrading the phone systems in the new City Hall.

Wynn also stated there was an environmental study done on the Wellborn Cabinets project concerning any impact these improvements may have on the environment. Wynn explained she had the results of this study at the City Hall that is open to the public if anyone wishes to come by and look at it.

chappell 2

The annual SGA City Cleanup Day will be held Friday, May 6, 2016. These 50 students will spend several hours cleaning up the city streets. They will meet at the park around 7:45 that morning to discuss safety issues and will work until around lunch, when the city will provide lunch for these hard working students. These students will work in 4 teams picking up the right of ways around the city streets and will be escorted by city police and personnel. Please be aware this is taking place if you are out and about on this day.

Maintenance Supervisor Jeremy Nash said they had received one bid of $4000 for the equipment trailer. Nash went on to explain that his department was working hard with the grass cutting in all the ball fields, park, around town, etc.

Internship with Morgan McNatt for the City will begin May 19th. McNatt will work a total of 20 hours per week at no cost to the city for college credit.

The following agenda items were approved:

  • Approval of current bills
  • Approval of agenda
  • Approval of previous planning meeting minutes and regular council meeting minutes
  • Approval to participate in the August 5-7, 2016 Sales Tax Holiday
  • Approval Ashland Theater sign decision to be taken down
  • Approval of Mapco’s Alcohol Application
  • Approval to replace telecorder device for Police Department from Allcomm Wireless, Inc at a total cost of $2567.00
  • Approval to add $1000.00 to cemetery flag project. The original amount agreed upon was for just one flag pole at a cost of $2500.00, but since then, the decision had been made to purchase three flagpoles for the city, state, and American flags to fly. 
  • Approval to name Ashland Police Officer Cecil Chappell as the new Code Enforcement Officer. The Council approved the Code Enforcement Officer as a part-time position, paid at 5 hours overtime for Chappell, a total of $5,000 a year supplement.  After Chappell receives his certification for Code Enforcement Officer, his pay scale will increase for this part-time position. Chappell’s new title will read as Patrol Officer/Code Enforcement. This will take place immediately.
  • chappell
  • Approval to repair the 2015 Tahoe Police Patrol vehicle at a cost of $1249.80. The damage to this vehicle took place when the Ashland Officer was on his way to one accident, when he came up on another auto accident that had just occurred, where there was a lot of road debris. This debris caused mostly cosmetic damage to the Tahoe.
  • Approval to purchase a baby changing station for Ashland City Library from Alabama Paper at a cost of $291.17
  • Approval to renew Atrium Express annual subscription for Ashland City Library at a cost of $895.00
  • Approval to purchase lunch items for City Cleanup Day on May 6, 2016 at an estimated cost of $400.00
  • Approval to upgrade to Quickbooks 2016 at a cost of $389.95
  • Approval to purchase a mobile printer for the patrol cars in the amount of $334.23
  • Approval to purchase new receipt books for Court Magistrate for $339.50
  • Resolution 05-02-01-2016, was adopted to accept the audit.
  • Proclamation for Public Service Recognition Week.

The next council meeting will be held Wednesday,  May 18, 2016

Please follow and like us:
Follow by Email
Facebook
Facebook
Google+
http://www.ClayCountyWeb.com/articles/ashland-council-hire-code-enforcement-officer-approve-an-alcohol-license/
Twitter
SHARE

BOE announces retirements, employments, and open positions

The Board of Education, along with Superintendent Billy Walker met Thursday, April 28, 2016 for their regular scheduled monthly meeting.

Nikki Morrison will present the FY 2015 Audit Report, which was good.

bo 1

Representatives from the Washington Heights community addressed the board again about getting the former Vocational School turned back over to their community. This group has been diligent with their efforts to make this happen. They have attended every meeting for the past few months with their concerns in this matter.

bo 2

The following agenda items were approved:

  •  approval of the agenda
  •  approval of minutes from the March 24 and the April 14, 2016 meetings
  •  approval of the following Financial Reports for March 2016
  •  approval of the Financial Improvement Plan for achieving the desired one-month operation balance required by the School Fiscal Accountability Law
  • approval for Ashland Elementary School 3 rd grade classes to travel to the Georgia Aquarium on May 4, 2016
  •  approval of the Religious Liberties policy that was given for review at the March 24, 2016 meeting
  •  approval to request from the AL Department of Education the deeds for the Lineville Vocational School
  • Recommended by the Superintendent, approval of the following 28 Personnel Action Items, which included the following:
    RETIREMENT / RESIGNATION  
    Annie Ruth Medley as Ashland Elementary Child Nutrition Manager
    Connie C. Proctor as Lineville Elementary Teacher
    Jimmie Nell Williams as Bus Driver
    Avice Fargason as Lineville Elementary Bookkeeper
    Carolyn Littman as Lineville Elementary Teacher
    OPEN POSITIONS:
    Certified English Teacher – Central High School
    Bookkeeper – Lineville Elementary School
    1/2 time Assistant Principal – Lineville Elementary School
    (5) Certified Elementary Teachers – Lineville Elementary School
    Child Nutrition Manager – Ashland Elementary Cafeteria
    EMPLOYMENT:
    Vaughn Lee – Drivers Ed. Teacher for Summer School
    Laura Endress – Facilitator for Credit Recovery Summer classes
    Jordan Upchurch – Long term substitute for John Dean’s Military leave
    Marsha Hammonds – ESY Teacher / Bus Aide 16 days extended school year
    Ada Hardy – Bus Driver / Classroom Aide 16 days extended school year

 

The following agenda item was tabled until the next meeting:

  • Recommended by the Superintendent, approval to draft a letter of support for the Cheaha Regional Head Start to expand Head Start services within Clay County by allowing the use of the Lineville Vocational School. .

INFORMATIONAL ITEMS

  • Clay County Technology Department has selected Shore Tel Voice over IP to replace the current phone system. We will purchase this system and be able to manage it ourselves. This system is much more affordable than our current system and has many additional features. The system will be installed by mid-June.
  • Central High School Graduation is May 19, 2016
  • Bids will be opened May 17, 2016 at 10:30 for the 1964 dump truck.
  • The next board meeting will be Tuesday, May 17, 2016 at 4:00 PM.
Please follow and like us:
Follow by Email
Facebook
Facebook
Google+
http://www.ClayCountyWeb.com/articles/boe-announces-retirements-employments-and-open-positions/
Twitter
SHARE

Ashland Council Introduces Alcohol Ordinance

Getting an Alcohol Ordinance in place was the main objective for this meeting. Prior to the planning session and general city meeting, a special called meeting was held to discuss the details of the Ordinance. This was a lengthy session, and at the end, all city officials were satisfied with the verbiage of the Ordinance.

INFORMATIONAL ITEMS

Industrial Park Update: Mayor Fetner reported that Nelson & Nelson had confirmed the asphalt phase was about to begin, which would consist of about 400 feet. Fetner also reported he was working with a representative of the Industrial Development Board for funding for signage.

It was also discussed to consider giving Fire Chief Brett Thompson a raise. Thompson has been Chief for some 2.5 years. Fetner said he and the council members would try to come up with an appropriate figure to vote on at the next meeting.

Maintenance employee Brown thanked the council and police department for playing an important hand in the success of the first bike swap meet held in the Ashland Park Saturday, April 2, hosted by the Clay County Cycle Club. Also a  CCCC member, Jody Brown reported they had a great turnout and everyone had a good time. This was followed by several good comments from council members about the event and other officials as well.

ac 1

COMMITTEE REPORTS

Council member Thompson thanked the Maintenance Department for getting the trees put out last week. Thompson said she had met with Jessica Hargrove, a Representative of the Sign Company who would be responsible for installing the signage at the new City Hall. Thompson stated they needed to decide if they wanted electronic signs, which would be costly, but they could program these signs to run whatever they wanted on them. The cost could be around$15,000-$20,000.This signage would also include directional signs to the police department and water department.

Police Chief Stanford reported he was doing some research and cost analysis on the possibility of getting a new patrol car and would have those figures at the next meeting.

Fire Chief Brett Thompson said he was looking for some junk cars someone wanted to donate so they could practice extrication in the event of a bad car accident. Thompson stated he was also working on bylaws for the fire dept. that he would present as soon as they were complete. The fire dept currently has no bylaws. Thompson remarked they had some equipment and fuel stolen, and were possibly looking into adding some surveillance cameras to hopefully prevent this in the future. Thompson also wanted to check into getting new energy efficient LED lights in front of the station, because the bulbs now kept blowing and he felt this would save some money.

ac 3

NEW BUSINESS

New Business included the following items:

  • Approval of the agenda
  • Approval of previous planning meeting and regular council meeting minutes
  • Approval of the current bills
  • Approval to pay Nelson & Nelson Engineering Firm engineering fees for the Industrial Park project in the amount of $710.10
  • Approval to pay Webb Utilities & Construction for Industrial Park project work in the amount of $43,400.68.
  • Approval to pay Edgar & Associates to perform monthly financial statement services at a cost of $200.00 a month
  • Approval to allow Tramco Financial Equipment to rekey locks at New City Hall at a cost of $1548.00
  • Approval to pay Mark’s Cleaning Service to strip and wax the floors at the Senior Center at a cost of $400.00
  • Approval to use Government Portal to process credit and debit card payments for court and business licenses, which will result in a lower percentage fee and free machines.
  • Approval to purchase checks for General Fund from Intuit at a cost of $400.00 ( typically lasts 5-6 months)
  • Approval to replace drain pipe on Owens Road at an estimated cost of $1600.00
  • Approval to purchase two Echo weed eaters at a total cost of $680.00
  • Approval for Chief Stanford to attend Cleet Training at Little River Canyon Training Center and reimburse him for his travel expenses.
  • Approval  to purchase three (3) flag poles and flags at an approximate total cost of $2500.00 for the city cemetery.
  • Approval to give the Mayor authority on the price of the demolition of the old Southland Building
  • Approval to give Chief Thompson the authority to get their ladders tested at a cost of $837.00. This is to be paid with fire department funds.

OLD BUSINESS

The only two (2) items under old business was tabled until the next meeting. They are as follows:

  • Set salary, hours, and department for the position of Code Enforcement, Animal Control, and Safety Officer.
  • Open position for Code Enforcement, Animal Control, and Safety Officer and advertise.

The final agenda item was the introduction and first reading of the Alcohol Ordinance. This preliminary Ordinance will be posted at the City Hall, Courthouse, Library or Post Office, as well as published in the Clay Times-Journal. This Ordinance will be officially voted on at the next regular scheduled meeting of April 18, 2016. The preliminary Ordinance reads below:

 

City of ashland
ALCOHOL ORDINANCE
ORDINANCE NO.2016-04-04-01

TABLE OF CONTENTS

 

ARTICLE I. General Provisions 

Section A.   Short Title

Section B.   Purpose

Section C.   Authority

Section D.   Jurisdiction of Ordinance

Section E.   Zoning Districts Where Licensing Permitted

Section F.   Definitions

 

ARTICLE II. License Requirement and Procedure

Section A.   License Required

Section B.   License Application

Section C.   Compliance with Fire Prevention and Building Code

Section D.   Investigation of Applicant

Section E.   Alcohol License Review Committee

Section F.   Notice of Hearing on Applications

Section G.  Posting of Licenses

Section H.  Suspension or Revocation of License; Assign Ability

Section  I.   Requirements of Financial Responsibility of Licensee

Section  J.   License Fees or Taxes – Schedule

Section K.  Bond of License

Section L.  Records to be kept; availability for inspection

Section M. Filing of Reports

Section N. Due Dates; Delinquent Dates; Penalties; Proration

 

ARTICLE III. Control of Alcoholic Beverages 

Section A. Sales to Certain Persons

Section B. Possession by a Minor

Section C. Misrepresentation of Age of Minor

Section D. Delivery of Beverages in Properly Marked Vehicles

Section E. Packaging of Beverages

Section F. Signs Advertising Alcoholic Beverages at Places of Business

Section G. Authorized Hours

Section H. Sale or Consumption in Public Places

Section I. Open Containers

Section J. Consuming Alcoholic Beverages in State Liquor Store or Off-Premises Licensed Establishment

Section K. Sale at Unlicensed Premises

Section L. Order on Premises; Reports of Assaults; Affrays, etc.; Certain Conduct Prohibited

Section M. Identification Card Required for Managers or Bartenders Employed by License

Section N. Duties and Responsibilities of the Person in Charge

Section O. Inspections

Section P. Penalties and Punishments

Section Q. Severability

Section R. Conflicts with State Statutes

Section S. Effective Date

ARTICLE I. GENERAL PROVISIONS

Section A. Short Title

This ordinance shall be known as and may be cited as the “City of Ashland Alcoholic Beverage Ordinance.”

 

Section B. Purpose

This ordinance is enacted for the purposes, among others, of promoting the general health, safety, and welfare of the City, of establishing reasonable standards for the regulation and control of the sale, delivery, and consumption of alcoholic beverages, and of protecting and preserving certain areas, through reasonable consideration, among others, to the character of the areas and their peculiar suitability for particular uses, to the congestion in the roads and streets, all with the general view of promoting desirable living conditions and sustaining stability of neighborhoods and property values, and to the prevention of undesirable persons from engaging in or having any interest in alcoholic beverages. This ordinance shall be construed as an exercise by the City of the police power of the state delegated to the City for the regulation of traffic in alcoholic beverages within the City as provided by the applicable provisions of the laws of the State of Alabama.

 

Section C. Authority

This ordinance is established in pursuance of the authority conferred unto the City of Ashland by The Alcoholic Beverage Licensing Code, §28-3A-1 et. Seq., Code of Alabama 1975.

 

Section D.  Jurisdiction of Ordinance

The requirements and standards contained in this Ordinance shall apply to all areas within the corporate boundaries of the City of Ashland.

 

Section E. Zoning Districts Where Licensing Permitted

  1. Licenses for the sale of alcoholic beverages shall only be issued to premises located in the following zones:
  2. a. B-1: General Business District
  3. B-2: City Square Commercial District
  4. c. IND: Industrial District
  5. EXCEPTIONS:
  6. A club license may be issued outside of the above mentioned zones upon approval by the City Council. This determination shall be made on a case by case basis. The City Council shall consider the character of the person or individual applying for the club license, the character of the area in which the individual wishes to locate the club, any negative effects that the issuance of the license may cause to the area and the concerns, if any, of the residence of the area that the club is to be located in.
  7. A Special Event license may be issued outside of the above mentioned zones upon approval by the City Council. This determination shall be made on a case by case basis. The City Council shall consider the character of the person or individual applying for the Special Event license, the character of the area in which the individual wishes to host the event, any negative effects that the issuance of the license may cause to the area and the concerns, if any, of the residence of the area that the event is to be hosted in.

 

Section F.  Definitions

Whenever used herein, the following words and phrases shall have the meanings herein specifically ascribed to them:

Alcoholic beverage: Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and mixed liquors, a part of which is spirituous, vinous, fermented, or otherwise alcoholic, and all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes which contain one-half of one percent or more of alcohol by volume, and shall include liquor, beer and wine, both fortified and table wine.

Association: A partnership, limited partnership, or any form of unincorporated enterprise owned by two or more persons.

Beer or Malt or Brewed Beverages: Any beer, lager beer, ale, porter, malt, draft beer or brewed beverage or similar fermented malt liquor containing one-half of one percent or more of alcohol by volume and not in excess of five percent of alcohol by weight and six percent by volume, by whatever name the same may be called.

Board: The state alcoholic beverage control board.

Code: The Alabama Alcoholic Beverage Licensing Code, set out in Code of Alabama. 1975, title 28 chapter 3A.

Carton: The package or container or containers in which alcoholic beverages are originally packaged for shipment to market by the manufacturer or its designated representatives or the importer.

Container: The single bottle, can, keg, bag, or other receptacle, not a carton, in which alcoholic beverages are originally packaged for the market by the manufacturer or importer and from which the alcoholic beverage is consumed by or dispensed to the public.

Convenience Store: A retail establishment whose primary function is the sale of fuel and packaged food and grocery items for consumption off the premises and whose floor space is at less than seventy five hundred (7,500) square feet.

Engaged in business: A person shall be deemed engaged in business within the corporate limits if that person has a fixed place of business within the corporate limits, or if, pursuant to agreement of sale, express or implied, that person delivers any alcoholic beverage, beer or wine within the corporate limits, or if that person performs, within the corporate limits, any act authorized to be done only by the holder of any license issued by the board.

Fixed place of business: Any place where any alcoholic beverage, wine or beer is kept or stored for sale or delivery.

Grocery store: A retail establishment whose primary function is the sale of packaged or unprepared food and grocery items for consumption off the premises and whose annual gross sales of alcoholic beverages do not exceed ten percent (10%) of its total gross sales and whose floor space is at least five thousand (5,000) sq. ft.

Licensee: Any person licensed by the city council to sell liquor, wines, or malt and brewed beverages under the terms of this ordinance.

Liquor: Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and mixed liquor, a part of which is spirituous, vinous, fermented, or otherwise alcoholic and all drinks or drinkable liquids, preparations or mixtures, intended for beverage purposes which contain more one-half of one percent or more of alcohol by volume, except beer and table wine.

Lounge (Class 1): Any place or premises operated by a responsible person or good reputation in which alcohol beverages of all types may be offered for sale for on premises consumption only but which does not meet the requirement for a restaurant or private club as these establishments are defined herein and which meets the requirements of the city’s zoning ordinance and the following additional requirements.

  1. Lounge area of at least 1000 square feet on one floor in one room, such area to be equipped with tables and chairs and capable of seating at least 50 persons.
  2. A minimum of 5 off-street parking spaces shall be provided for each 100 square feet for lounge area, provided that this requirement shall be in addition to the parking requirements for any other uses in the same building.

Lounge (Class 2) Package Store: A class 2 lounge retail liquor licensee who operates the licensed premises for the sale of all classes of alcoholic beverages for off premises consumption only. In addition to meeting all other legal requirements, such licensee must also comply with the following additional conditions and requirements:

  1. The licensee must have a minimum of 500 square feet of floor space for the display and sale of alcoholic beverages. The square footage herein required shall not include areas of the licensed premises which are not open to the patrons or general membership of the licensee and which are used for office space, storage or restroom facilities.
  2. The licensee is authorized to sale only alcoholic beverages, ice, mixers, snack items and tobacco products. The licensee shall not sell general grocery items, novelties, clothing or any other item of general merchandise.
  3. The licensed premises shall not contain any interior door, window or passage way of any kind or description which opens or may be opened into an adjoining building. So-called “service stores” and “pass-through windows” are strictly prohibited. If the state fire marshal or the local fire chief determines that such a passage way would be necessary for the safety of the employees, members or patrons of the licensee, than in such event such passage way shall be allowed but the same shall be kept closed except for emergency or employees use and must be behind the counter.
  4. The licensee shall at all times when open for business have in its possessions a minimum inventory of $5,000.00 wholesale value of liquor or wine. The liquor must have been produced by at least two distilleries, and the wine produced by at least two wineries.
  5. The licensee shall not advertise or identify its premises, prices or location by the use of flashing or blinking signs whether operated by electricity, gas or otherwise.
  6. No person under the age of 21 years shall be issued such license nor shall any corporation be issued such license unless the president thereof shall be over the age of 21 years.
  7. No person under 21 years of age shall be admitted on the premises of any class 2 lounge package store as a patron or employee, and it shall be unlawful for any class 2 lounge package store licensee to admit any minor to the premises as a patron or an employee.

Meal: A diversified selection of food some of which is not susceptible of being consumed in the absence of at least some articles of tableware and which cannot be conveniently consumed while one is standing or walking about.

Person: Every natural person, association, or corporation.  Whenever used in a clause prescribing or imposing a fine or imprisonment, or both, such term as applied to “association” shall mean the partners or members thereof and as applied to “corporation” shall mean the officers thereof, except as to incorporated clubs, the term “person” shall mean such individual or individuals who, under the bylaws of such club shall have jurisdiction over the possession and sale of liquor therein.

Private club: Class I only: A corporation or association organized or formed in good faith by authority of law and which must have at least one hundred fifty (150) paid-up members.  It must be the owner, lessee, or occupant of an establishment operated solely for the objects of a national, social, patriotic, political or athletic nature or the like, but not for pecuniary gain, and the property as well as the advantages of which, belong to all the members and which maintains an establishment provided with special space and accommodations where, in consideration of payment, food with or without lodging is habitually served.  The club shall hold regular meetings, continue its business through officers regularly elected, admit members by written application, investigation and ballot and charge and collect dues from elected members.

Public Place: Any place or gathering which the public generally attends or is admitted to either by invitation, common consent or right, or by payment of any admission or other charge, and without limiting the foregoing, shall include any streets, alleys, sidewalks, public easements, or right-of-ways, parking lots designed for use by the general public, public buildings, buildings which are open to the public including but not  limited to school buildings or grounds, parks and libraries, places where school related and recreational games or contests are held, any theater, auditorium, show, skating rink, dance hall or other place of amusement or any club, provided that such term shall not mean or include premises which have been duly licensed under the ordinances of the city and the laws of the state for sale or consumption of such beverages and provided that with consent of the city council a private gathering may not be included within the meaning of public place with respect to the owners, occupants or lessees of such premises or place or to any persons specifically invited therein: provided, that such term shall not mean or include premises which have been duly licensed by the city for sale thereon of such beverages.

Restaurant: A reputable place licensed as a restaurant, operated by a responsible person of good reputation and habitually and principally used for the purpose of preparing and serving meals for the public to consume on the premises and which meets the following additional requirements:

  1. At least one (1) meal per day shall be served at least five (5) days a week, serving every business day, with the exception of holidays, vacations, and periods of redecorating;
  2. Such place shall be duly licensed by the board for the sale of liquor for on-premises consumption; and
  3. The serving of such food or meals shall constitute the principal business of such establishment, with the serving of liquor, malt or brewed beverages, wines or other alcoholic beverages being only an incidental part of such business. During any ninety-day period, the gross receipts from the serving of meals and food shall constitute more than fifty (50) percent of the gross receipts of the business.

Retail, off premises, package liquor store: means a place at which alcoholic beverages are offered for off-premises consumption which is operated by a responsible person of good reputation and which meets the following additional requirements:

  1. Such place shall be duly licensed by the ABC board of the State for the sale of liquor for off-premises consumption.  The licensee must have a minimum of five hundred (500) square feet of floor space for the display and sales of alcoholic beverages.  The square footage required in this subsection shall not include areas of the licensed premises which are not open to the patrons and which are used for office space, storage or restroom facilities.
  2. Such place shall meet the following building requirements:

i.The building must be separated from any other building by a wall or firewall with no way of entrance to adjoining building.

ii.There shall be no windows except plate glass windows in the front of building which must be protected by burglar bars or burglar alarm.  No drive-through windows will be allowed.

iii.There shall be no public seating in the building.

iv.There shall be a complete day/night lighting in front and rear of the building.

v.All stock must be kept in the same building in which it is offered for sale; it cannot be stored off the premises.

  1. The licensee is authorized to sell only alcoholic beverages, ice, cocktail mixers and tobacco products.
  2. The licensee shall at all times when open for business have in its possession a minimum inventory of five thousand dollars ($5,000.00) wholesale value of liquor or wine.  The liquor must have been produced by at least two (2) distilleries, and the wine produced by at least two (2) wineries.
  3. No person under the age of twenty-one (21) years shall be issued such license nor shall any corporation be issued such license unless the president thereof is over the age of twenty-one (21) years.
  4. No person under twenty-one (21) years of age shall be admitted on the premises of any package store as a patron or employee.
  5. Package stores must close at 10:00 P.M.

 

Retailer: Any person licensed by the board to engage in the retail sale of any beverages to the consumer.

Sale or sell: Any transfer of liquor, wine or beer for a consideration, and any gift in connection with, or as a part of, a transfer of property other than liquor, wine or beer for a consideration.

School: A building erected for the purpose of conducting educational activities for grades Kindergarten through 12.

Special events: An athletic, sporting, or entertainment activity planned in advance by responsible persons or organizations of good reputation for a period not exceeding seven (7) days duration.

Unopened container: A container containing alcoholic beverages, which has not been opened or unsealed subsequent to filling and sealing by the manufacturer or importer.

Wholesaler: Any person licensed by the board to engage in the sale and distribution of table wine and beer, or either of them, within this state, at wholesale only, to be sold by export or to retail licensees or other wholesale licensees or others within this state lawfully authorized to sell table wine or beer, or either of them, for the purpose of resale only.

Wine: All beverages made from the fermentation of fruits, berries, or grapes, with or without added spirits, and produced in accordance with the laws and regulations of the United States, containing not more than twenty-four (24) percent alcohol by volume, and shall include all sparkling wines, carbonated wines, special natural wines, rectified wines, vermouths, vinous beverages, vinous liquors and like products, including restored or unrestored pure condensed juice.

Fortified wine or Vinous Liquor: Any wine containing more than 14.9 percent alcohol by volume but not more than twenty-four (24) percent.  Fortified wine is vinous liquor.

Table wine: Any wine containing more than 14.9 percent of alcohol by volume.  Table wine is not liquor, spirituous or vinous.

 

ARTICLE II. LICENSE REQUIREMENT AND PROCEDURE

Section A. License Required

1.It shall be unlawful for any person to have in such person’s possession any alcoholic beverages, within the city, for the purpose of sale, or to sell, or keep for sale, or offer for sale, without first having procured from the city a license therefore.

2.Filing fee. There is hereby required as a filing fee to cover the costs of processing and investigating each application filed with the City for a city license of any kind or class, the sum of one hundred and fifty dollars ($150.00), and the City Clerk or duly authorized representative shall not accept any application for any such license not accompanied by said payment to the City along with the payment of the publication costs, as required in this ordinance.  Said City shall retain filing fee to cover the expenses of processing and investigating said application, whether or not said application results in approval or denial, provided however, that the filing fee for a special events license application shall be seventy-five dollars ($75.00).

 

Section B. License Application

  1. 1. The application of any person for any license issued under this ordinance shall be made upon such forms as the city clerk may prescribe. All such applications shall be in writing and shall be properly verified by oath of the applicant.

2.Applicant Qualifications

Licenses shall be granted and issued by the city only to reputable individuals who are citizens of the United States or associations whose members are reputable individuals who are citizens of the United States or to reputable corporations organized under the laws of the state or duly qualified there under to do business in the state.

  1. No license will be issued to any applicant that has or had a violent, alcohol, or drug conviction within the last ten years of the date of application.

 

Section C. Compliance with Fire Prevention and Building Codes

  1. No license under this ordinance shall be issued to any person to sell alcoholic beverages for on-premises consumption until the applicant shall comply with the fire prevention code and the various building codes of the city in effect at the time of such application.
  2. No license shall be issued under this ordinance unless the city building inspector certifies that the premises to be licensed is in substantial compliance with the objectives of the requirements contained in the City of Ashland Zoning Ordinance.

 

Section D. Investigation of Applicant

Upon application for a license for sale of alcoholic beverages, the city shall conduct its own investigation in all matters contained in the application.  Upon completion of the investigation, the application along with the results of the investigation, shall then be delivered to the city council, which may grant or deny the application in the exercise of its ultimate discretion, considering any and all factors, including the report of the Alcohol License Review Committee and the impact on the area involved as well as to the City.  The city council shall report any denial and the reasons for such denial to the Alabama Beverage Control board.

Section E. Alcohol License Review Committee

  1. 1. There is hereby created for the purpose of assisting and advising the city council in the review of applications for alcoholic beverage licenses, and inquiry and recommendation concerning complaints or disciplinary action of an alcoholic beverage licensee, a committee to be known and designated as the Ashland Alcohol License Review Committee to be composed as follows:
  2. a. Revenue department representative
  3. b. Chief of police or his designated representative
  4. c. Building inspector or his designated representative
  5. d. Fire chief or his designated representative
  6. e. Citizen appointed by the mayor
  7. The committee shall hold meetings as are necessary to review alcohol license applications or make inquiry into the compliance of a current alcoholic beverage licensee with this chapter and other provisions of the code. The city council shall provide the committee with its rules of procedure, which the city council may, in its discretion, amend or alter at any time.
  8. The committee shall investigate the information contained within the application for an alcoholic beverage license and shall submit a written recommendation to the city council concerning the approval or disapproval of the application.  The city council may then deny the application or withhold final decision following a public hearing.
  9. The committee shall investigate complaints, or initiate its own inquiry, into conditions which may violate provisions of this ordinance concerning the operation of any establishment licensed by the city to sell alcoholic beverages.
  10. The committee shall have the authority to require the licensee to produce records for its review as relate to the operation, ownership, or management of the licensed establishment.
  11. The committee shall promulgate written procedures for documenting and investigating complaints concerning the operation of an alcoholic beverage establishment as well as establishing a method of documenting violations of this ordinance by a licensee or its employees. The committee shall be responsible for requesting the city council to consider disciplinary action against a licensee when violations of this or other ordinances of the city, or laws of the state warrant.
  12. The committee shall investigate and make recommendations on any other alcohol related matters which may be submitted to the committee by the city council.

 

Section F. Notice of hearing on applications

 If the application has not been denied, the applicant must next publish notice of the filing of the application and of the time set for a hearing once a week for two (2) consecutive weeks in a newspaper of general circulation in the city. The notice shall be published at no cost to the city and the applicant shall submit a publisher’s affidavit to the city council of compliance with the publication notice. The notice shall be substantially as follows:

Notice is hereby given that _________________________ doing business as ____________________ located at ______________________ has made an application for the City of Ashland City Council to approve the issuance of a ________________ license by the Alabama Alcoholic Beverage Control Board and that the __________ day of ___________, 20__, at ________ p.m. has been set for the hearing thereof at the Ashland City Council meeting. Any interested persons may appear at such time and place and be heard for or against the granting of such approval.

 

Section G. Posting of licenses

Every license issued under this ordinance shall be conspicuously and constantly exposed under a transparent and visible substance on the licensed premises.

 

Section H. Suspension or revocation of license; assign ability

  1. The city shall have the right to suspend or revoke any license issued to any person for any violation of this Ordinance or the state alcoholic beverage licensing code.
  2. Licenses issued under this Ordinance may not be assigned or transferred.

 

Section I. Requirements of Financial Responsibility of Licensee

Upon receiving approved license, licensee shall provide proof of liquor liability (dram shop) insurance as referenced in the Alabama Beverage Control Board Rules and Regulations in Rule 20-X-5-.14

 

Section J. License fees or taxes – Schedule

  1. Each person licensed by the board, who shall engage in the alcoholic beverage, liquor, beer or wine business within the corporate limits, shall, prior to engaging in such business, in addition to any other privilege licenses required, pay to the city, for the privilege of so engaging in business, an annual fee or tax and further license fees or taxes as established below:
  2. a. Beer wholesale license: Each person licensed as a beer wholesaler shall pay to the city an annual license fee of 50 percent of the amount charged for state beer wholesale license by the state (currently two hundred seventy-five dollars ($275.00)).  In addition, each licensee will remit to the city clerk, on forms provided by the city clerk, each month, the privilege or excise tax levied on the sales of beer by the “Uniform Beer Tax Act,” Code of Alabama, 1975. Section 28-3-190 – 28-3-199. Wholesale beer dealers and distributors shall not sell to any retail outlet that does not have a current city beer license.
  3. Wine Wholesale license: Each person licensed by the board as a wine wholesaler shall pay to the city an annual license fee of 50 percent of the amount charged for state wine wholesale license by the state (currently two hundred seventy-five dollars ($275.00)).  In addition, each licensee will remit to the city clerk, on forms provided by the city clerk, each month, the privilege or excise tax levied on the sale of table wine by the “Alabama Table Wine Act,” Code of Alabama, 1975. Sections 28-7-1 – 28-7-24.
  4. c. Restaurant retail liquor license: Each person licensed by the board to sell alcoholic beverages in connection with the operation of a restaurant under the terms of this ordinance shall pay to the city and annual license fee of 50 percent of the amount charged for state restaurant retail liquor license by the state (currently one hundred and fifty dollars ($150.00)).  In addition to such stated license fee, each such person shall pay to the city, on or before the fifteenth day of the calendar month next succeeding each separate calendar month, for the privilege of having engaged in such business an additional license tax of ten (10) percent of the gross purchases made by the licensee from the board during such next preceding calendar month, other than purchases of beer and table wine.
  5. d. Club retail liquor license: Each person licensed by the board to operate a Class I club, under the Code of Alabama shall pay to the City an annual license fee of 50 percent of the amount charged for state club retail liquor license by the state (currently one hundred and fifty dollars ($150.00)).  In addition, to said stated license fee, each person shall pay to the City, on or before the fifteenth (15th) day of the calendar month next succeeding each separate calendar month, for the privilege of having engaged in such business, an additional license tax of ten percent (10%) of gross purchases made by the licensee from the board during such next preceding calendar month, other than purchases of beer and table wine.  Any club so organized shall acquire a club retail license rather than a restaurant retail license.
  6. e. Lounge retail liquor license (Class 1): Each person licensed by the board to operate a retail lounge under the Code of Alabama shall pay to the City an annual license fee of 50 percent of the amount charged for state lounge retail liquor (Class 1) license by the state (currently one hundred and fifty dollars ($150.00). In addition to said stated license fee, each person shall pay to the city on or before the (15th) day of the calendar month next succeeding each month each separate calendar month, for the privilege of having engaged in such business, an additional license tax of ten percent (10%) of gross purchases made by the licensee from the board during such next preceding calendar month, other than purchases of beer and table wine.
  7. f. Lounge retail liquor license (Class 2): Each person licensed by the board to operate a retail lounge under the Code of Alabama shall pay to the City an annual license fee of 50 percent of the amount charged for state lounge retail liquor license (Class 2) by the state (currently one hundred and fifty dollars ($1500). In addition to said stated license fee, each person shall pay to the city on or before the (15th) day of the calendar month next succeeding each month each separate calendar month, for the privilege of having engaged in such business, an additional license tax of ten percent (10%) of gross purchases made by the licensee from the board during such next preceding calendar month, other than purchases of beer and table wine.
  8. g. Retail table wine license for off-premises consumption: Each person licensed by the board to sell table wine at retail for off-premises consumption shall pay to the city an annual license fee of 50 percent of the amount charged for state retail table wine license for off-premises consumption by the state (currently seventy-five dollars ($75.00)).
  9. h. Retail table wine license for on premises consumption: Each person licensed by the board to sell retail table wine for on premises consumption shall pay to the city an annual license fee of 50 percent of the amount charged for state retail table wine license for on premises consumption by the state (currently seventy-five dollars ($75.00)).
  10. i. Retail beer license for off-premises consumption: Each person licensed by the board to sell beer for off-premises consumption shall pay to the city an annual license fee of 50 percent of the amount charged for state retail beer license for off-premises consumption by the state (currently seventy-five dollars ($75.00)).
  11. j. Retail beer license for on premises consumption: Each person licensed by the board to sell beer for on premises consumption shall pay to the city an annual license fee of 50 percent of the amount charged for state retail beer license for on premises consumption by the state (currently seventy-five dollars ($700)).
  12. k. Special events retail license: Each person licensed by the board for a special events retail license which is valid for seven (7) days or less, shall pay to the city a privilege or license tax of 50 percent of the amount charged for special events retail license by the state (currently seventy-five dollars ($75.00) per day).

 

Section K: Bond of License

  1. If the city council decides to approve a club retail liquor license, a restaurant retail liquor license, a retail liquor license for off-premises consumption (other than a store operated by the board), or a special retail liquor license, the city council shall approve the same only upon condition that the applicant for a liquor license shall deliver to and maintain with the city a bond executed by the licensee and by a qualified surety company authorized to do business in the city payable to the city, in the sum of twenty-five hundred dollars ($2,500.00) as liquidated damages and conditioned that the licensee will comply with the laws of the state and the ordinances of the city, including, but not limited to, this ordinance relating to a retail liquor license.
  2. The bond shall be a forfeiture or liquidated damages bond and not an indemnity bond.  Such bond shall include an endorsement to the effect that it shall not be canceled without the consent of the city council.  The city may declare such bond forfeited as liquidated damages in its full amount of twenty-five hundred dollars ($2,500.00) upon the breach of any one (1) or more of such conditions.
  3. In lieu of such bond, such applicant for a retail liquor license may deposit with the city clerk cash in the amount of twenty-five hundred dollars ($2,500.00) upon the same conditions and subject to forfeiture, as set forth above.
  4. Failure by the city to declare such bond or deposit forfeited in the case of a breach of any one (1) or more of such conditions shall not operate as a waiver of the right to do so in the event of any subsequent breach of any one (1) or more such conditions.

 

Section L: Records to be kept; availability for inspection

It shall be the duty of each person subject to the license tax imposed by this Ordinance to keep full and complete records of all purchases, sales and deliveries of alcoholic beverages, from which reports there can be readily obtained information as to the correct amount of license tax due the city.  As a part of such records, each wholesaler shall keep an individual ledger or card account for each of such wholesaler’s customers, and such ledger or card account shall show the correct name and address of each person to whom any alcoholic beverages are delivered together with the dates thereof and the number of cases sold or delivered, and each wholesaler shall also keep, as evidence of the foregoing, a receipted delivery ticket signed by each purchaser or by the purchaser’s authorized agent.  Each retailer shall keep an individual ledger or card record showing the correct name and address of each person from whom such retailer purchased alcoholic beverages, a delivery ticket showing each such purchase, the date thereof, and the number of cases or bottles purchased.  The aforesaid records shall be kept posted currently and shall be preserved for not less than two (2) years succeeding such calendar year.  All of such records shall be open for inspection and checking during such regular business hours as the city clerk may request.  Failure to keep any of the records required by this section or elsewhere in this ordinance, or refusal to make the same available to the city clerk, shall constitute grounds for revocations of any license issued under this ordinance.  In addition thereto, an annual report, under oath, shall be filed with the city clerk in January of each year, showing the purchases of the entire year, next preceding.

 

Section M: Filing of Reports

The person liable for any license tax imposed by this ordinance shall file with the city clerk on or before the final date on which the license tax may be paid without a penalty, such report in such form as the city clerk may prescribe, evidencing the amount of business done and the amount of the license due thereon, together with full payment for any tax liability.  Any failure to comply with this section shall be declared unlawful and be punishable as such.

 

Section N: Due Dates; Delinquent Dates; Penalties; Proration

The stated annual license fees levied by the schedule shall initially be due on the date the initial license is issued by the city and thereafter shall be due on January second of each year and shall be delinquent after January thirty-first of the year for which such license is due, and a penalty of fifteen (15) percent per month shall be collected on each delinquent license collected on or after January thirty-first of such year.  All additional license taxes levied by the schedule shall be due the fifteenth day of the calendar month specified in each levy and shall be delinquent if not paid by such date, and a penalty of fifteen (15) percent shall be collected after such day of each month.  There shall be no proration of any license fee because of having operated only a part of a calendar year, except as required by state law.

 

ARTICLE III. CONTROL OF ALCOHOLIC BEVERAGES

Section A. Sales to Certain Persons

It shall be unlawful to sell within the city limits any alcoholic or intoxicating liquors of any kind to any minor, person of known intemperate habits, or to any person under the influence of intoxicating liquor, as the term “under the influence” is defined by the Code of Alabama, 1975. Section 32-5A-191.

 

Section B. Possession by a Minor

It shall be unlawful for any minor to possess any alcoholic beverage.

 

Section C. Misrepresentation of Age of Minor

  1. By adult:  It shall be unlawful for any adult to make to any liquor dealer, agent or employee, any false pretense, statement or representation as to the age of a minor, with the intent or purpose to induce such liquor dealer, agent or employee, to give, deliver or sell any alcoholic beverage to any minor.
  2. By minor:  It shall be unlawful for any minor to obtain, or attempt to obtain, any alcoholic beverage from any liquor dealer, agent or employee by means of any false representation, pretense or statement, to such liquor dealer, agent or employee, that such minor has attained majority, or is over the legal drinking age, as established by the state.

 

Section D. Delivery of Beverages in Properly Marked Vehicles

It shall be unlawful for any manufacturer, wholesaler or distributor to deliver any vinous, malt or brewed beverages except in vehicles bearing the name, address and license number of such distributor, wholesaler or manufacturer, painted or affixed plainly on each side of such vehicle in letters not smaller than four (4) inches in height.

 

Section E. Packaging of Beverages

Retail licensees for off-premise sale of individual or packages of six (6) or less alcoholic beverages must place each container thereof in a bag, box or other similar opaque covering prior to the customer’s leaving the licensee’s building used for alcoholic beverage sales. 

 

Section F. Signs Advertising Alcoholic Beverages at Places of Business

It shall be unlawful for any person to display any sign (electronic, painted or otherwise) containing the name, brand name, or any phonetic spelling or misspelling of a name for any alcoholic beverage as enumerated and defined in this chapter (including any type of illustration or image depicting an alcoholic beverage) outside any place of business or in any window or door visible from the outside of the business. For the purposes of this section, any sign attached directly to any part of a window or its surround (including windows integrated into doors), or any sign placed within twelve (12) inches of the window with its content visible from the outside, will be considered to be in the window. Furthermore, this section shall be read in conjunction with the city’s sign regulations. Any inconsistency with any prior ordinance which is in conflict with the terms and conditions of this section, or contrary to its intent, shall be superseded by this section to the extent of the conflict.

Section G. Authorized Hours

  1. There will be no restrictions on the authorized hours of sale for off-premises consumption licensees.
  2. It shall be unlawful for any on-premises consumption licensee to sell, offer for sale, or to serve, dispense for offer or reward, or to offer to serve, or dispense for reward any liquor, wine, or beer, on the licensed premises between the hours of 12:00 AM and 6:00AM on Tuesday, Wednesday, Thursday, Friday, or Saturday of any week, or between the hours of 2:00AM on Sunday of any week and 6:00 AM of the following Monday.

 

Section H. Sale or Consumption in Public Places

It shall be unlawful for any person to drink, sell, serve, dispense, giveaway, or attempt to drink, sell, serve, dispense, giveaway, any alcoholic beverages while upon any street, alley, sidewalk, public easement, rights of way, or parking lots designed for use by the general public or in any public building (excluding any private recreation areas, leased or rented to individuals or clubs for special events) or upon any public property or while in any other public place in the city except when approved for special events by the City Council.

 

Section I. Open Containers

It shall be unlawful for any person to drink, sell, serve, display, dispense or give away, or attempt to drink, sell, serve, display, dispense or give away, any alcoholic beverage while upon any street or while in any motor vehicle in the city; and further, it shall be unlawful for any person to drink, sell, serve, display, dispense or give away, or attempt to drink, sell, serve, display, dispense or give away, any alcoholic beverage while upon any sidewalk within the corporate limits of the city; and further, it shall be unlawful for any person to possess alcoholic beverages in an open glass, bottle, cup, can, keg, bag, or other receptacle not its original container while upon or along any public street, road or highway in the city or while in any automobile or other motor vehicle on or along any public street, road or highway in the city, or in violation of Section H above.

 

Section J. Consuming alcoholic beverages in state liquor store or off-premises licensed establishment.

It shall be unlawful for any person to consume alcoholic beverages on the premises of any state liquor store or any off-premises licensee.

 

Section K. Sale at Unlicensed Premises

  1. It shall be unlawful for any person to sell, furnish, give away, or consume any alcoholic beverages at any business, which is not licensed for the sale of alcoholic beverages under the provisions of this ordinance.
  2. 2. It shall be unlawful for any person to buy, sell, barter, give away, consume, or possess any alcoholic beverage on the premises of any alcoholic beverage licensee for which the licensee is not authorized to sell.

 

Section L. Order on premises; reports of assaults; affrays, etc.; certain conduct prohibited

1.It shall be the duty of each owner and of each manager or supervisor at any time charged with the management and supervision of any retail liquor, retail table wine or retail malt or brewed beverage licensed premises, while the same is opened to the public, to maintain order upon the premises and to exclude from the premises any person who is drunk and disorderly or who commits any breach of the peace, or who uses offensive, disorderly, threatening, abusive or insulting language, conduct or behavior with the intent to provoke a breach of the peace, or whereby a breach of the peace might be occasioned.  It shall be the duty of each officer, owner, manager or person in charge of any retail liquor, retail table wine, or retail malt or brewed beverage licensed premises with the city, immediately to make an appropriate report to the police department of the city of each assault, assault and battery, or affray, occurring on the licensed premises while said premises is open for business.  It shall further be the duty of such person to make a written report of each incident to the police department of the city and to the local field office of the board within thirty-six (36) hours thereof.

  1. 2. No on-premises licensee shall conduct or allow to be conducted on the licensed premises any form of lewd or indecent entertainment, including but not limited to, male or female strippers, mud wrestling, topless or bottomless dancers or waitresses, lewd or indecent dancing, wet “T” shirt contest, or any other sensual or erotic contests, or activities of any kind.
  2. It shall be unlawful for any licensee to make or allow to be made, any noise or sounds of such volume or such nature as to cause annoyance to the residents of the city or to disturb the peace by making of unnecessary noise.

 

Section M. Identification card required for managers or bartenders employed by licensee

  1. Any person who wishes to be employed as a manager, bartender or server/seller by any alcoholic beverage licensee licensed under this ordinance shall be required to provide the employer with written evidence of their successful completion of the “responsible vendor” program, or any similar successor program as conducted through the alcoholic beverage control board, or an approved alternative responsible vendor program as described elsewhere in this ordinance. In lieu of the requirement in the preceding sentence, an employee may fulfill this requirement by successfully completing an employer sponsored responsible vendor program which has been approved in writing by the alcohol license review committee. The employee shall affirm to the employer, in writing, that he or she has no criminal convictions of a drug or alcohol related offense involving possession, sale, or a driving under the influence violation within the preceding twelve (12) months. The employer shall maintain a copy of said verification and affirmation on the licensed premises, and upon receipt of such verification and affirmation, shall issue the employee a card showing the employee’s name, date of issuance, and the licensed name of the employer. The city may provide the licensee with the blank cards for use in fulfilling this requirement.
  2. Any person who is employed as a manager, bartender, or server/seller by any alcoholic beverage licensee under this ordinance shall, while on duty on the licensed premises, have on their person an identification card issued by the employer indicating that he or she has complied with the requirements of this section and is duly registered with the employer as an approved manager, bartender, or server/seller.
  3. 3. It shall be unlawful for any alcoholic beverage licensee licensed under this ordinance to employ any manager, bartender, or server/seller who has not met the requirements of this section and who has not been issued the prescribed identification card by the employer.
  4. 4. It shall be unlawful for any alcoholic beverage licensee licensed under this ordinance to have on duty any manager, bartender, or server/seller who does not have on their person an identification card issued by the employer under this section.
  5. 5. It shall be unlawful for any manager, bartender, or server/seller to be on duty as such on an alcoholic beverage premises in the city without the identification card on their person issued by the employer under this section.
  6. 6. In the event the bartender or server/seller is not regularly employed by an alcoholic beverage licensee, but is working in the capacity as defined in this ordinance, said bartender or server/seller may obtain an identification card by providing a copy of the written evidence of successful completion of the “responsible vendor” program to the city, along with an affirmation indicating that said person has no final conviction for a drug or alcohol related offense involving possession, sale, or a driving under the influence violation within the preceding twelve (12) months, and a card will be issued to that person.
  7. It shall be the responsibility of the manager, bartender, or server/seller to notify the employer in writing of any final conviction of a drug or alcohol related offense involving possession, sale, or a driving under the influence violation within fifteen (15) days of said final conviction. Said employer shall preserve such notice for a period of twelve (12) months.
  8. It shall be unlawful for any alcoholic beverage licensee licensed under this ordinance to employ a person as a manager, bartender, or server/seller, who, in the next preceding twelve (12) months has been finally adjudicated as guilty of a drug or alcohol related offense involving possession, sale, or a driving under the influence violation, and said person has notified the employer of such final conviction.
  9. Any person currently employed as a manager, bartender, or server/seller by an alcoholic beverage licensee shall have ninety (90) days from the effective date of this ordinance to comply with the responsible vendor certification requirements contained within this section.
  10. Notwithstanding any other provisions of this section, any person who is employed as a manager, bartender, or server/seller subsequent to the effective date of this ordinance shall have a period of forty-five (45) days in which to comply with the responsible vendor certification requirements of this section.

 

Section N. Duties and Responsibilities of the Person in Charge

  1. 1. Each alcoholic beverage licensee shall be required to designate a person or persons who will be known as the “person-in-charge” (PIC) for the licensed establishment. This person or persons shall be responsible for ensuring compliance with the provisions of this ordinance and those of the alcoholic beverage control board during such time as they are functioning in the role as a “person-in-charge” and shall be required to have visibly displayed on their person a card, as issued to the licensee by the city, indicating that they are the “person-in-charge”.
  2. Any person who is designated as a “person-in-charge”, shall be required to provide written evidence to the employer of their successful completion of the responsible vendor program as conducted through the alcoholic beverage control board, or an alternative responsible vendor program otherwise approved by the city as described elsewhere in this ordinance. Additionally, any such person shall provide an affirmation to the employer that said person has no final conviction for a drug or alcohol related offense involving possession, sale, or driving under the influence violation during the preceding twelve (12) months. Such records as required by this subsection shall be preserved by the employer for a period of twelve (12) months.
  3. 3. It shall be unlawful for any designated “person-in-charge” to be on duty as such on an alcoholic beverage premises in the city without the identification card issued by the city under this section visibly displayed on their person.
  4. 4. It shall be required for any alcoholic beverage licensee licensed under this ordinance, during authorized hours for operation, to have a minimum of one (1) “person-in-charge” on duty on the licensed premises who has the “person-in-charge” card, as issued by the city, visibly displayed on their person. A violation of this requirement shall be unlawful and punishable as such.
  5. 5. Each person designated and approved as a “person-in-charge” shall be required to notify the employer, in writing, within fifteen (15) days of final adjudication of a drug or alcohol related offense involving possession, sale, or a driving under the influence violation in which said person was adjudged guilty. Said employer shall preserve such notice for a period of twelve (12) months.
  6. It shall be unlawful for any alcoholic beverage licensee licensed under this ordinance to employ or utilize as a “person-in-charge” any person who, in the next preceding twelve (12) months has been finally adjudicated as guilty of a drug or alcohol related offense involving possession, sale, or a driving under the influence violation, and said person has notified the employer of such final conviction.
  7. Each such person who will be designated as a person-in-charge shall have ninety (90) days from the effective date of this ordinance to comply with the requirements for the “person-in-charge” card as required in this section. Each such person who will be designated as a “person-in-charge” subsequent to this initial ninety-day period shall be required to meet the requirements of this section prior to being designated as such.
  8. The city shall issue one (1) “person-in-charge” card to each current licensee upon their meeting the requirements of this section, or at the time of initial license issuance for applications subsequent to the effective date of this article. Any replacement cards shall be provided to the licensee at a cost of five dollars ($5.00) per occurrence.

Section O. Inspection

Pursuant to Alabama Alcoholic Beverage Control Board Administrative Code Number 20-X-5-.01 (d); an agreement by invitation from the licensee allowing duly  authorized agents of the ABC Board or other duly commissioned law enforcement officers of the state, county, of municipality in which the licensed establishment is located, to enter and search, without a warrant, the licensed premises or any building owned or occupied by the licensee in connection therewith, adjoining, adjacent to or part of the curtilage thereof, whether used as a private dwelling or not, at any time.

Section P. Penalties and Punishments

  1. Any person who violates any provision of this chapter shall be guilty of a misdemeanor and unless otherwise provided herein, shall, upon conviction or adjudication of guilt, be punished in accordance with the provision of Ordinance of the City of Ashland, Alabama.
  2. In addition to any other penalties imposed by law for violations of any sections of this chapter, the city shall revoke the privilege license issued pursuant to this chapter and the license ordinance for the second violation within a two-year period of any rule, section, duty or obligation as set out in this chapter, Title 28 Code of Alabama, or the Alcohol Beverage Control Board Rules and Regulations, as amended.

 

Section Q. Severability

The provisions of this Ordinance are severable so that if any provisions hereof is declared unconstitutional, void or invalid by a court of competent jurisdiction, all other provisions hereof shall not be affected by such declaration and shall remain in full force and effect as though the unconstitutional, void or invalid provision had not been included in the Ordinance as originally adopted.

 

Section R. Conflicts with State Statutes

This Ordinance shall be deemed cumulative with and supplemental to any and all statutes of the State of Alabama regarding the subject matter hereof and to be subordinate to same and in no manner intended to supersede any such statutes of the State of Alabama.  Any provision hereof in conflict with any provision of any State statute shall be construed so as to be in harmony with the same where possible and otherwise to be subordinate to and superseded by the provisions of such State statute.

 

Section S. Effective Date 

This Ordinance shall become effective in the City of Ashland, Alabama, upon its adoption and publication according to law and, further upon certification by the City Clerk that the legalized sale of alcoholic beverages in the city has been authorized pursuant to provisions of the laws of the State of Alabama.

 

ADOPTED the ____ day of ______, ______.

 

 

 

_________________________________

Larry J. Fetner, Mayor

 

_________________________________

Billy J. Smith, Councilperson

 

_________________________________

Bobbie J. Steed, Councilperson

 

_________________________________

Gail E. Thompson

 

_________________________________

Rebecca G. Boddie

 

_________________________________

Brad Wolfe

ATTEST:

 

_________________________________

Chelsey Wynn, City Clerk/Administrator

 

 

 

 

 

Please follow and like us:
Follow by Email
Facebook
Facebook
Google+
http://www.ClayCountyWeb.com/articles/ashland-council-introduces-alcohol-ordinance/
Twitter
SHARE

Lineville Council adopts Alcohol Ordinance

April 4, 2016- At Monday’s bi-monthly meeting, Lineville Council members adopted an Alcohol Ordinance, which puts the city just one step closer for citizens to be able to purchase beer, wine, or liquor within the city limits. This Ordinance had already been properly introduced and advertised.  After a motion by Joseph Appleby and a second by Johnny Appleby to adopt, Mayor Adamson went to each individual member for their “Yay” vote, which was unanimous.

lc 1

Ordinance 2016-3-21-1, is a lengthy one, and can be read in its entirety at the end of the article.

lc 3

Council members also agreed to enter into agreement with RDS to collect 10% Levy alcohol fee. With this agreement, RDS will collect this 10% fee from alcohol served in restaurants and lounges. RDS already collects taxes for the city.

In regards to the Lineville museum, Council member Smith reported a records file of all items would be kept at City Hall, and that anyone who wished to make a donation to the museum could mail or drop those off at City Hall as well.

Council member Proctor also said the Water & Sewer Board had installed a new fire plug across the street from the museum, which was needed.

lc 4

Johnny Appleby stated that Fred Amason, owner of the property across from Hometown One Stop where the old Bbq building stood, had been in contact with him about getting the hole covered up where the drain pipe was washing away and had formed a big hole, threatening the right of way. Mayor explained that Maintenance Supervisor Rusty Taylor had been conferring with the County Engineer about these repairs, since this was actually on a county road. The Mayor said the city and county would most likely work together getting these repairs made, and he felt they would have to replace the pipe down Ace Rd, since it would probably just keep caving in, if it not replaced.

Proctor also questioned a couple of the bills that were to be paid involving repairs to a couple of the patrol cars, one $375.45 to Clay Automotive and one to Pettus Paint & Body for $800.00. Police Chief Giddens explained one was involving a steering column repair and the other was where they had hit a deer. There was no more discussion on this issue and It was agreed to pay the bills.

This concluded the meeting. The alcohol Ordinance can be read below:

 

 

CITY OF LINEVILLE

ALCOHOLIC BEVERAGE LICENSING ORDINANCE

MARCH 21, 2016

TABLE OF CONTENTS

Section A.  Short Title

Section B.  Purpose

Section C.  Authority

Section D.  Jurisdiction of Ordinance

Section E.  Zoning Districts Where Licensing Permitted

ALCOHOLIC BEVERAGES

Section 1.  Definitions

Section 2.  Scope of Ordinance

Section 3.  License Required

Section 4.  License

Section 5.  License fees or taxes – Schedule

Section 6.  Bond of licensee

Section 7.  Records to be kept; availability for inspection

Section 8.  Filing of reports

Section 9.  Due dates; delinquent dates; penalties; proration

Section 10.  Compliance with fire prevention and building codes

Section 11.  Compliance with zoning regulations, types of license

Section 12..  Responsible Vendor Program

Section 13.  Authorized hours

Section 14.  Sales to certain persons

Section 15.  Possession by minor

Section 16.  Misrepresentation of age of minor

Section 17.  Delivery of beverages in properly marked vehicles

Section 18.  Packaging of Beverages

Section 19.  Signs advertising alcoholic beverages at places of business

Section 20.  Sale or consumption in public places

Section 21.  Open containers

Section 22.  Consuming alcoholic beverages in state liquor store or off-premises licensed establishment.

Section 23.  Sale at unlicensed premises

Section 24.  Order on premises; reports of assaults; affrays, etc.; certain conduct prohibited.

Section 25.  Identification card required for managers or bartenders employed by licensee.

Section 26.  Duties and responsibilities of the person in charge

Section 27.  Penalties

Section 28.  Application of Municipal Code and Ordinances

Section 29.  Severability

Section 30.  Ordinance Replacement

Section 31.  Effective date

Section A. Short Title

This ordinance shall be known as and may be cited as the

“City of Lineville Alcoholic Beverage Ordinance.”

Section B. Purpose

This ordinance is enacted for the purposes, among others, of promoting the general health, safety, and welfare of the City, of establishing reasonable standards for the regulation and control of the sale, delivery, and consumption of alcoholic beverages, and of protecting and preserving certain areas, through reasonable consideration, among others, to the character of the areas and their peculiar suitability for particular uses, to the congestion in the roads and streets, all with the general view of promoting desirable living conditions and sustaining stability of neighborhoods and property values, and to the prevention of undesirable persons from engaging in or having any interest in alcoholic beverages. This ordinance shall be construed as an exercise by the City of the police power of the state delegated to the City for the regulation of traffic in alcoholic beverages within the City as provided by the applicable provisions of the laws of the State of Alabama.

Section C. Authority

This ordinance is established in pursuance of the authority conferred unto the City of Lineville by The Alcoholic Beverage Licensing Code, §28-3A-1 et. Seq., Code of Alabama 1975.

Section D.  Jurisdiction of Ordinance

The requirements and standards contained in this Ordinance shall apply to all areas within the corporate boundaries of the City of Lineville.

Section E. Zoning Districts Where Licensing Permitted

  1. Licenses for the sale of alcoholic beverages shall only be issued to premises located in the following zones.  Zoning is covered in Section 11:
  2. a. B-1
  3. B-2
  4. c. B-3
  5. EXCEPTIONS:
  6. A Special Event license may be issued outside of the above mentioned zones upon approval by the City Council. This determination shall be made on a case by case basis. The City Council shall consider the character of the person or individual applying for the Special Event license, the character of the area in which the individual wishes to host the event, any negative effects that the issuance of the license may cause to the area and the concerns, if any, of the residents of the area that the event is to be hosted in.

 [Field]ALCOHOLIC BEVERAGES

Section 1.  Definitions.

Whenever used herein, the following words and phrases shall have the meanings herein specifically ascribed to them:

Alcoholic beverage Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and mixed liquors, a part of which is spirituous, vinous, fermented, or otherwise alcoholic, and all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes which contain one-half of one percent or more of alcohol by volume, and shall include liquor, beer and wine, both fortified and table wine.

Association:  A partnership, limited partnership, or any form of unincorporated enterprise owned by two or more persons.

Beer or Malt or Brewed BeveragesAny beer, lager beer, ale, porter, malt, draft beer or brewed beverage or similar fermented malt liquor containing one-half of one percent or more of alcohol by volume and not in excess of five percent of alcohol by weight and six percent by volume, by whatever name the same may be called.

Board: The state alcoholic beverage control board.

CodeThe Alabama Alcoholic Beverage Licensing code, set out in Code of Alabama. 1975, title 28 chapter 3A.

CartonThe package or container or containers in which alcoholic beverages are originally packaged for shipment to market by the manufacturer or its designated representatives or the importer.

ContainerThe single bottle, can, keg, bag, or other receptacle, not a carton, in which alcoholic beverages are originally packaged for the market by the manufacturer or importer and from which the alcoholic beverage is consumed by or dispensed to the public.

Engaged in businessA person shall be deemed engaged in business within the corporate limits if that person has a fixed place of business within the corporate limits, or if, pursuant to agreement of sale, express or implied, that person delivers any alcoholic beverage, beer or wine within the corporate limits, or if that person performs, within the corporate limits, any act authorized to be done only by the holder of any license issued by the board.

Fixed place of businessAny place where any alcoholic beverage, wine or beer is kept or stored for sale or delivery.

Grocery store: A retail establishment whose primary function is the sale of packaged or unprepared food and grocery items for consumption off the premises and whose annual gross sales of alcoholic beverages do not exceed ten percent (10%) of its total gross sales and whose floor space is at least five thousand (5,000) sq. ft.

LicenseeAny person licensed by the city council to sell liquor, wines, or malt and brewed beverages under the terms of this ordinance.

LiquorAny alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and mixed liquor, a part of which is spirituous, vinous, fermented, or otherwise alcoholic and all drinks or drinkable liquids, preparations or mixtures, intended for beverage purposes which contain more than one-half of one percent or more of alcohol by volume, except beer and table wine.

MealA diversified selection of food some of which is not susceptible of being consumed in the absence of at least some articles of tableware and which cannot be conveniently consumed while one is standing or walking about.

Person:  Every natural person, association, or corporation.  Whenever used in a clause prescribing or imposing a fine or imprisonment, or both, such term as applied to “association” shall mean the partners or members thereof and as applied to “corporation” shall mean the officers thereof, except as to incorporated clubs, the term “person” shall mean such individual or individuals who, under the bylaws of such club shall have jurisdiction over the possession and sale of liquor therein.

Private club:

(1) Class I only:  A corporation or association organized or formed in good faith by authority of law and which must have at least one hundred fifty (150) paid-up members.  It must be the owner, lessee, or occupant of an establishment operated solely for the objects of a national, social, patriotic, political or athletic nature or the like, but not for pecuniary gain, and the property as well as the advantages of which, belong to all the members and which maintains an establishment provided with special space and accommodations where, in consideration of payment, food with or without lodging is habitually served.  The club shall hold regular meetings, continue its business through officers regularly elected, admit members by written application, investigation and ballot and charge and collect dues from elected members.

 

Public Place: Any place or gathering which the public generally attends or is admitted to either by invitation, common consent or right, or by payment of any admission or other charge, and without limiting the foregoing, shall include any streets, alleys, sidewalks, public easements, or right-of-ways, parking lots designed for use by the general public, public buildings, buildings which are open to the public including but not  limited to school buildings or grounds, parks and libraries, places where school related and recreational games or contests are held, any theater, auditorium, show, skating rink, dance hall or other place of amusement or any club, provided that such term shall not mean or include premises which have been duly licensed under the ordinances of the city and the laws of the state for sale or consumption of such beverages and provided that with consent of the city council a private gathering may not be included within the meaning of public place with respect to the owners, occupants or lessees of such premises or place or to any persons specifically invited therein: provided, that such term shall not mean or include premises which have been duly licensed by the city for sale thereon of such beverages.

RestaurantA reputable place licensed as a restaurant, operated by a responsible person of good reputation and habitually and principally used for the purpose of preparing and serving meals for the public to consume on the premises and which meets the following additional requirements:

(1) At least one (1) meal per day shall be served at least five (5) days a week, serving every business day, with the exception of holidays, vacations, and periods of redecorating;

(2) Such place shall be duly licensed by the board for the sale of liquor for on-premises consumption; and

(3) The serving of such food or meals shall constitute the principal business of such establishment, with the serving of liquor, malt or brewed beverages, wines or other alcoholic beverages being only an incidental part of such business.  During any ninety-day period, the gross receipts from the serving of meals and food shall constitute more than fifty (50) percent of the gross receipts of the business.

Retail, off premises, package liquor store means a place at which alcoholic beverages are offered for off-premises consumption which is operated by a responsible person of good reputation and which meets the following additional requirements:

  1. Such place shall be duly licensed by the ABC board of the State for the sale of liquor for off-premises consumption.  The licensee must have a minimum of five hundred (500) square feet of floor space for the display and sales of alcoholic beverages.  The square footage required in this subsection shall not include areas of the licensed premises which are not open to the patrons and which are used for office space, storage or restroom facilities.

 

  1. Such place shall meet the following building requirements:

 

  1. The building must be separated from any other building by a wall or firewall with no way of entrance to adjoining building.
  1. There shall be no windows except plate glass windows in the front of building which must be protected by burglar bars or burglar alarm.  No drive-through windows will be allowed.
  1. There shall be a complete day/night lighting in front and rear of the building.
  1. All stock must be kept in the same building in which it is offered for sale; it cannot be stored off the premises.
  1. The licensee is authorized to sell only alcoholic beverages, ice, cocktail mixers and tobacco products.
  1. The licensee shall at all times when open for business have in its possession a minimum inventory of five thousand dollars ($5,000.00) wholesale value of liquor or wine.  The liquor must have been produced by at least two (2) distilleries, and the wine produced by at least two (2) wineries.
  1. No person under the age of twenty-one (21) years shall be issued such license nor shall any corporation be issued such license unless the president thereof is over the age of twenty-one (21) years.
  1. No person under twenty-one (21) years of age shall be admitted on the premises of any package store as a patron or employee.
  1. Package stores must close at 11:00 P.M.

RetailerAny person licensed by the board to engage in the retail sale of any beverages to the consumer.

Sale or sellAny transfer of liquor, wine or beer for a consideration, and any gift in connection with, or as a part of, a transfer of property other than liquor, wine or beer for a consideration.

School:  A building erected for the purpose of conducting educational activities for grades Kindergarten through 12.

Special events: An athletic, sporting, or entertainment activity planned in advance by responsible persons or organizations of good reputation for a period not exceeding seven (7) days duration.

Unopened containerA container containing alcoholic beverages, which has not been opened or unsealed subsequent to filling and sealing by the manufacturer or importer.

WholesalerAny person licensed by the board to engage in the sale and distribution of table wine and beer, or either of them, within this state, at wholesale only, to be sold by export or to retail licensees or other wholesale licensees or others within this state lawfully authorized to sell table wine or beer, or either of them, for the purpose of resale only.

Wine:  All beverages made from the fermentation of fruits, berries, or grapes, with or without added spirits, and produced in accordance with the laws and regulations of the United States, containing not more than twenty-four (24) percent alcohol by volume, and shall include all sparkling wines, carbonated wines, special natural wines, rectified wines, vermouths, vinous beverages, vinous liquors and like products, including restored or unrestored pure condensed juice.

Fortified wine or Vinous Liquor: Any wine containing more than 14.9 percent alcohol by volume but not more than twenty-four (24) percent.  Fortified wine is vinous liquor.

Table wine: Any wine containing more than 14.9 percent of alcohol by volume.  Table wine is not liquor, spirituous or vinous.

Section 2.  Scope of ordinance.

The provision of this ordinance shall apply to the retail and wholesale sale of alcoholic beverages for off-premises consumption and on-premises consumption, and to the retail sale of alcoholic beverages for off-premises consumption by on-premises licensees and to the use, possession and consumption of alcoholic beverages.

Section 3.  License required.

(1) It shall be unlawful for any person to have in such person’s possession any alcoholic beverages, within the city, for the purpose of sale, or to sell, or keep for sale, or offer for sale, without first having procured from the city a license therefore.

2) Filing fee.  There is hereby required as a filing fee to cover the costs of processing and investigating each application filed with the City for a city license of any kind or class, the sum of One Hundred Fifty Dollars ($150.00), and the City Clerk or duly authorized representative shall not accept any application for any such license not accompanied by said payment to the City along with the payment of the publication costs, as required in this ordinance.  Said City shall retain filing fee to cover the expenses of processing and investigating said application, whether or not said application results in approval or denial, provided however, that the filing fee for a special events license application shall be One Hundred Fifty Dollars ($150.00).

Section 4. License

  1. Application.

The application of any person for any license issued under this ordinance shall be made upon such forms as the city clerk may prescribe.  Every private club applicant shall also file with its application, as a part of its application, a true and correct list of all of its members, officers, and directors, a certificate of incorporation or documentation relating to its form of organization, and for such other information as the city clerk shall require.  All such applications shall be in writing and shall be properly verified by oath of the applicant or applicant’s agent.

(2) Applicant qualifications.

(a) Licenses shall be granted and issued by the city only to reputable individuals who are citizens of the United States or associations whose members are reputable individuals who are citizens of the United States or to reputable corporations organized under the laws of the state or duly qualified there under to do business in the state.

(b) Sale of beer and wine for off-premises consumption.  No license shall be approved by the city council for the retail sale of malt and brewed beverages or wine for off-premises consumption unless the business of the licensed establishment is at least sixty (60) percent the sale of groceries, foodstuffs, gasoline and general merchandise.  The retail sales of groceries, foodstuffs, gasoline and general merchandise shall constitute the principal business of the licensed establishment with the sale of malt or brewed beverages or wine being only an incidental part of the business.  During any ninety-day period, the gross receipts from the sale of groceries, foodstuffs, gasoline and general merchandise shall constitute more than sixty (60) percent of the gross receipts.  In addition, no license shall be granted under this article until after the required alcoholic beverage control license shall have been duly issued by the state alcoholic beverage control board.  This paragraph shall not be applicable to Retail, off premises, package liquor store licensees.

(3) Investigation of applicant.

Upon application for a license for sale of alcoholic beverages, the city shall conduct its own investigation in all matters contained in the application.  Upon completion of the investigation, the application along with the results of the investigation, shall then be delivered to the city council, which may grant or deny the application in the exercise of its ultimate discretion, considering any and all factors, including the report of the Alcohol License Review Committee and the impact on the area involved as well as to the City.  The city council shall report any denial and the reasons for such denial to the board.

(4) Alcohol license review committee.

There is hereby created for the purpose of assisting and advising the city council in the review of applications for alcoholic beverage licenses, and inquiry and recommendation concerning complaints or disciplinary action of an alcoholic beverage licensee, a committee to be known and designated as the Lineville Alcohol License Review Committee to be composed as follows:

(1) Revenue department representative

(2) Chief of police or his designated representative

(3) Building inspector or his designated representative

(4) Fire Chief or his designated representative

(5) Citizen appointed by the mayor

(a) The committee shall hold meetings as are necessary to review alcohol license applications or make inquiry into the compliance of a current alcoholic beverage licensee with this chapter and other provisions of the code.  The city council shall provide the committee with its rules of procedure, which the city council may, in its discretion, amend or alter at any time.

(b) The committee shall investigate the information contained within the application for an alcoholic beverage license and shall submit a written recommendation to the city council concerning the approval or disapproval of the application.  The city council may then deny the application or withhold final decision following a public hearing.

(c) The committee shall investigate complaints, or initiate its own inquiry, into conditions which may violate provisions of this ordinance concerning the operation of any establishment licensed by the city to sell alcoholic beverages.

 

(d) The committee shall have the authority to require the licensee to produce records for its review as relate to the operation, ownership, or management of the licensed establishment.

(e) The committee shall promulgate written procedures for documenting and investigating complaints concerning the operation of an alcoholic beverage establishment as well as establishing a method of documenting violations of this ordinance by a licensee or its employees. The committee shall be responsible for requesting the city council to consider disciplinary action against a licensee when violations of this or other ordinances of the city, or laws of the state warrant.

(f) The committee shall investigate and make recommendations on any other alcohol related matters which may be submitted to the committee by the city council.

(5) Notice of hearing on applications.

If the application has not been denied, the applicant must next publish notice of the filing of the application and of the time set for a hearing once a week for two (2) consecutive weeks in a newspaper of general circulation published in the city.  The notice shall be published at no cost to the city and the applicant shall submit a publisher’s affidavit to the city council of compliance with the publication notice.  The notice shall be substantially as follows:

 

Notice is hereby given that __________________________ doing business as _____________________ located at _______________________ has made an application for the City of Lineville City Council to approve the issuance of a ________________ license by the Alabama Alcoholic Beverage Control Board and that the __________ day of ___________, 20__, at ________ p.m. has been set for the hearing thereof at the Lineville City Council meeting.  Any interested persons may appear at such time and place and be heard for or against the granting of such approval.

(6) Sale, possession, etc., of liquor not purchased from state.

(a)   It shall be unlawful for any person to sell, offer for sale, serve, dispense or have in possession or custody for any purpose any liquor which has not been sold by the state alcoholic beverage control board, except that, for consumption only, liquor purchased pursuant to the laws of a foreign state shall not be unlawful.

(b)   It shall be unlawful for any holder of a state license to purchase liquor or wine for resale from any source other than from the state alcoholic beverage control board store.  If a State ABC Store is located in the City of Lineville the liquor must be purchased from said store.

(7)  Possession of illicit distilled liquor or nontax paid liquor.

It shall be unlawful for any person to possess or have in possession any illicit distilled liquor. It shall likewise be unlawful, except as otherwise authorized by law, for any person to have in possession any liquor which does not have on the bottle or container thereof a state stamp evidencing the payment of the state liquor tax thereon.
(8)  Sale of malt or brewed beverages by other than licensee or at other than licensed place.

(a)   It shall be unlawful for any person, other than a beer licensee, to sell or offer to sell to a consumer, or to serve or dispense for reward to a consumer, or offer to serve or dispense for reward to a consumer, or to have in possession or custody for any such purpose, any malt or brewed beverage at any place in the city.

(b)   It shall likewise be unlawful for any person, whether or not a beer licensee, to sell or offer to a consumer, or to serve or dispense for reward to a consumer, or to offer to serve or dispense for reward to a consumer, or to have in possession or custody for any such purpose, any malt or brewed beverage at any place in the city other than in a licensed beer place.

(c)   The keeping by any person other than a beer licensee or the keeping at any place other than a licensed beer place, at one or more places in the city, in the aggregate, of more than three (3) cases or seventy-two (72) bottles or cans of beer or other malt or brewed beverages shall be prima facie evidence that such beer or malt or brewed beverages are kept for sale or with the intent to sell, contrary to this section.

(d)   As used in this provision, the term “case” means a box or other container containing not exceeding twenty-four (24) bottles or cans and a “bottle” or “can” means a bottle or can of not more than sixteen (16) fluid ounces capacity.

(9)  Sale of liquor by other than licensee or state store.

It shall be unlawful for any person, other than a liquor licensee or a state liquor store, to sell or offer for sale to a consumer, or to serve or dispense for reward to a consumer, or offer to serve or dispense for reward to a consumer, or have in possession or custody for any such purpose, any liquor or wine at any place in the city.

(10)  Sale of liquor at other than licensed place or state store.

It shall be unlawful for any person, whether or not a liquor licensee, to sell or offer for sale to a consumer, or to serve or dispense for reward to a consumer, or to offer to serve or dispense for reward to a consumer, or have in possession or custody for any such purpose, any liquor or wine at any place in the city other than in a liquor licensed place or a state liquor store.

 (11) Posting of licenses.

Every license issued under this ordinance shall be conspicuously and constantly exposed under a transparent and visible substance on the licensed premises.

(12) Suspension or revocation of license; assignability.

(a)  The city shall have the right to suspend or revoke any license issued to any person for any violation of this Ordinance or the state alcoholic beverage licensing code.

(b)  Licenses issued under this Ordinance may not be assigned or transferred.

(13)  Bringing or allowing alcoholic beverages to be brought onto business premises.

  1. It shall be unlawful for a business licensed by the City of Lineville (whether or not the business is licensed to sell or furnish alcohol) to allow patrons, customers, invitees or guests to bring alcoholic beverages onto the licensed premises.

(b)   It shall be unlawful for patrons, customers, invitees or guests to bring alcoholic beverages onto premises licensed to do business by the City of Lineville, whether or not the business is licensed to sell or furnish alcohol.

Section 5.  License fees or taxes – Schedule.

Each person licensed by the board, who shall engage in the alcoholic beverage, liquor, beer or wine business within the corporate limits, shall, prior to engaging in such business, in addition to any other privilege licenses required, pay to the city, for the privilege of so engaging in business, an annual fee or tax and further license fees or taxes as established below:

(1)  Beer wholesale license:  Each person licensed as a beer wholesaler shall pay to the city and annual license fee of Two Hundred Seventy Five Dollars ($275.00).  In addition, each licensee will remit to the city clerk, on forms provided by the city clerk, each month, the privilege or excise tax levied on the sales of beer by the “Uniform Beer Tax Act,” Code of Alabama, 1975. Section 28-3-190 – 28-3-199.  Wholesale beer dealers and distributors shall not sell to any retail outlet that does not have a current city beer license.

(2)  Wine Wholesale license:  Each person licensed by the board as a wine wholesaler shall pay to the city an annual license fee of Two Hundred Seventy Five Dollars ($275.00).   In addition, each licensee will remit to the city clerk, on forms provided by the city clerk, each month, the privilege or excise tax levied on the sale of table wine by the “Alabama Table Wine Act,” Code of Alabama, 1975. Sections 28-7-1 – 28-7-24.

(3)  Choice of sales for on or off premises consumption.

  1.  Any person choosing to serve or engage in the Business of sale for on premises consumption of Liquor, Beer, or Wine and seeking licenses for the same shall not also engage in the business of sale for off premises consumption of Liquor, Beer, or Wine.
  1. Any person choosing to serve or engage in the business of sale for off premises consumption of Liquor, Beer, or Wine and seeking licenses for the same shall not also engage in the business of the sale of Liquor, Beer, or Wine, for on premises consumption.

(4)  Restaurant retail liquor license:  Each person licensed by the board to sell alcoholic beverages in connection with the operation of a restaurant under the terms of this ordinance shall pay to the city an annual license fee of One Hundred Fifty Dollars ($150.00).  In addition to such stated license fee, each such person shall pay to the city, on or before the fifteenth day of the calendar month next succeeding each separate calendar month, for the privilege of having engaged in such business an additional license tax of ten (10) percent of the gross purchases made by the licensee from the board during such next preceding calendar month, other than purchases of beer and table wine.

(5) Club retail liquor license: Each person licensed by the board to operate a Class I club, under the Code of Alabama shall pay to the City an annual license fee of One Hundred Fifty Dollars ($150.00).  In addition, to said stated license fee, each person shall pay to the City, on or before the fifteenth (15th) day of the calendar month next succeeding each separate calendar month, for the privilege of having engaged in such business, an additional license tax of ten percent (10%) of gross purchases made by the licensee from the board during such next preceding calendar month, other than purchases of beer and table wine.  Any club so organized shall acquire a club retail license rather than a restaurant retail license.

(6)  Retail table wine license for off-premises consumption:  Each person licensed by the board to sell table wine at retail for off-premises consumption shall pay to the city an annual license fee of Seventy Five Dollars ($75.00).

(7)  Retail table wine license for on premises consumption:  Each person licensed by the board to sell retail table wine for on-premises consumption under this article shall pay an annual privilege or license tax of Seventy Five Dollars ($75.00).

(8)  Retail beer license for off-premises consumption:  Each person licensed by the board to sell beer for off-premises consumption shall pay to the city an annual license fee of Seventy Five Dollars ($75.00).

(9) Retail beer license for on-premises consumption: Each person licensed by the board to sell beer for on-premises consumption shall pay to the city an annual license fee of Seventy Five Dollars ($75.00).

(10)  Retail liquor license for off-premises consumption, Class IIEach person licensed by the board to sell liquor retail for off-premises consumption under this ordinance shall pay to the city an annual license fee of Three Hundred Seventy Five Dollars ($375.00).  In addition to the stated license tax, each such person shall pay to the city, on or before the fifteenth day of the calendar month next succeeding each separate calendar month, for the privilege of having engaged in such business, an additional license tax of ten (10) percent of the gross purchases made by the licensee from the board during such preceding calendar month.

(11) Special events retail license:  Each person licensed by the board for a special events retail license which is valid for seven (7) days or less, shall pay to the city a privilege or license tax of Seventy Five Dollars ($75.00) per day if such special event is conducted by a nonprofit organization; and Seventy Five Dollars ($75.00) per day if such special event is conducted by a for-profit organization.

(12) Lounge retail liquor license for on-premises consumption: Each person licensed by the board to sell liquor retail for on-premises consumption under this ordinance shall pay to the city an annual license fee of Three Hundred Seventy Five Dollars ($375.00).  In addition to the stated license tax, each such person shall pay to the city, on or before the fifteenth day of the calendar month next succeeding each separate calendar month, for the privilege of having engaged in such business, an additional license tax of ten (10) percent of the gross purchases made by the licensee from the board during such preceding calendar month.

 

Section 6.  Bond of licensee.

(a)  If the city council decides to approve a club retail liquor license, a lounge liquor license, a restaurant retail liquor license, a retail liquor license for off-premises consumption (other than a store operated by the board), or a special retail liquor license, the city council shall approve the same only upon condition that the applicant for a liquor license shall deliver to and maintain with the city a bond executed by the licensee and by a qualified surety company authorized to do business in the city payable to the city, in the sum of Two Thousand Five Hundred Dollars ($2,500.00) as liquidated damages and conditioned that the licensee will comply with the laws of the state and the ordinances of the city, including, but not limited to, this ordinance relating to a retail liquor license.

(b)  The bond shall be a forfeiture or liquidated damages bond and not an indemnity bond.  Such bond shall include an endorsement to the effect that it shall not be canceled without the consent of the city council.  The city may declare such bond forfeited as liquidated damages in its full amount of Two Thousand Five Hundred Dollars ($2,500.00) upon the breach of any one (1) or more of such conditions.

(c)  In lieu of such bond, such applicant for a retail liquor license, may deposit with the city clerk cash in the amount of Two Thousand Five Hundred Dollars ($2,500.00) upon the same conditions and subject to forfeiture, as set forth above.

(d)  Failure by the city to declare such bond or deposit forfeited in the case of a breach of any one (1) or more of such conditions, shall not operate as a waiver of the right to do so in the event of any subsequent breach of any one (1) or more such conditions.

Section 7.  Records to be kept; availability for inspection.

It shall be the duty of each person subject to the license tax imposed by this Ordinance to keep full and complete records of all purchases, sales and deliveries of alcoholic beverages, from which reports there can be readily obtained information as to the correct amount of license tax due the city.  As a part of such records, each wholesaler shall keep an individual ledger or card account for each of such wholesaler’s customers, and such ledger or card account shall show the correct name and address of each person to whom any alcoholic beverages are delivered together with the dates thereof and the number of cases sold or delivered, and each wholesaler shall also keep, as evidence of the foregoing, a receipted delivery ticket signed by each purchaser or by the purchaser’s authorized agent.  Each retailer shall keep an individual ledger or card record showing the correct name and address of each person from whom such retailer purchased alcoholic beverages, a delivery ticket showing each such purchase, the date thereof, and the number of cases or bottles purchased.  The aforesaid records shall be kept posted currently and shall be preserved for not less than two (2) years succeeding such calendar year.  All of such records shall be open for inspection and checking during such regular business hours as the city clerk may request.  Failure to keep any of the records required by this section or elsewhere in this ordinance, or refusal to make the same available to the city clerk, shall constitute grounds for revocations of any license issued under this ordinance.  In addition thereto, an annual report, under oath, shall be filed with the city clerk in January of each year, showing the purchases of the entire year, next preceding.

Section 8.  Filing of reports.

The person liable for any license tax imposed by this ordinance shall file with the city clerk on or before the final date on which the license tax may be paid without a penalty, such report in such form as the city clerk may prescribe, evidencing the amount of business done and the amount of the license due thereon, together with full payment for any tax liability.  Any failure to comply with this section shall be declared unlawful and be punishable as such.

Section 9.  Due dates; delinquent dates; penalties; proration.

The stated annual license fees levied by the schedule shall initially be due on the date the initial license is issued by the city and thereafter shall be due on January second of each year and shall be delinquent after January thirty-first of the year for which such license is due, and a penalty of fifteen (15) percent per month shall be collected on each delinquent license collected on or after January thirty-first of such year.  All additional license taxes levied by the schedule shall be due the fifteenth day of the calendar month specified in each levy and shall be delinquent if not paid by such date, and a penalty of fifteen (15) percent shall be collected after such day of each month.  There shall be no proration of any license fee because of having operated only a part of a calendar year, except as required by state law.

Section 10.  Compliance with fire prevention and building codes.

(a) No license under this ordinance shall be issued to any person to sell alcoholic beverages for on-premises consumption until the applicant is in compliance with the fire prevention code and the various building codes of the city in effect at the time of such application.

  1. No license shall be issued under this ordinance unless the city building inspector certifies that the premises to be licensed is in substantial compliance with the objectives of the requirements contained in the Zoning ordinance.

Section 11.  Compliance with zoning regulations, types of license.

No license for on-premises or off-premises sale or consumption of alcoholic beverages shall be granted to any person unless the proposed location of such business shall be in one (1) of the following zones according to the zoning ordinance and map in effect for the city at the time of such application:

(1)  Wholesale distribution of alcoholic beverages:  Alcoholic beverages for wholesale distribution shall be considered the same as any other products distributed at wholesale.

(2)  Beer and wine for off-premises consumption:  A store which sells beer and/or wine for off-premises consumption (sales) shall be permitted in a B-1, B-2, and B-3 zone.

(3) Retail, off-premises, package liquor store: Retail liquor, wine and beer package stores shall be permitted in a B-1, B-2, and B-3 zone.

(4)  Restaurant serving alcoholic beverages:  A restaurant retail liquor license shall be permitted in a B-1, B-2, and B-3 zone.

(5)  Private club-class I:  A class I-private club shall be permitted in a B-1, B-2, and B-3 zone.  Conditional Use in Residential zones where Country Clubs and golf courses are allowed.

Section 12.  Responsible Vendor Program.

All retail alcohol licensees in the city shall be certified through the responsible vendor program (RVP) of the Alabama Beverage Control Board. New retail licensees must be certified by the RVP within one hundred eighty (180) days of issuance of the alcohol license by the Alabama Beverage Control Board and submit proof of certification to the city clerk. Existing retail alcohol licensees who have not previously been certified by the RVP shall have one (1) year from the date of passage of this section to be certified by the RVP and submit proof of certification to the city clerk. Failure by a licensee to comply with the certification requirements herein may result in the city opposing the renewal of the alcohol license by the Alabama Beverage Control Board and revocation of the business license issued by the City of Lineville.

Section 13.  Authorized hours.

  1. It shall be unlawful for any person, whether a liquor, wine or beer licensee or not, to sell, offer for sale or to serve, dispense for offer or reward, or to offer to serve or dispense for reward any liquor, wine, or beer, for on premises consumption each Monday through Friday from 11:00 pm to 10:00 am the following day and on Saturday from 11:00 pm till 10:00 am the following Monday.  This shall be for each week.
  1. It shall be unlawful for any person, whether a liquor, wine or beer licensee or not, to sell, offer for sale or to serve, dispense for offer or reward, or to offer to serve or dispense for reward any liquor, wine, or beer, for off premises consumption sales each Sunday from 2:00am till 6:00 am each Monday.

Section 14.  Sales to certain persons.

It shall be unlawful to sell within the city limits any alcoholic or intoxicating liquors of any kind to any minor, person of known intemperate habits, or to any person visibly intoxicated.

Section 15.  Possession by minor.

It shall be unlawful for any minor to possess any alcoholic beverage.

Section 16.  Misrepresentation of age of minor.

(a)  By adult:  It shall be unlawful for any adult to make to any liquor dealer, agent or employee, any false pretense, statement or representation as to the age of a minor, with the intent or purpose to induce such liquor dealer, agent or employee, to give, deliver or sell any alcoholic beverage to any minor.

(b)  By minor:  It shall be unlawful for any minor to obtain, or attempt to obtain, any alcoholic beverage from any liquor dealer, agent or employee by means of any false representation, pretense or statement, to such liquor dealer, agent or employee, that such minor has attained majority, or is over the legal drinking age, as established by the state.

Section 17.  Delivery of beverages in properly marked vehicles.

It shall be unlawful for any manufacturer, wholesaler or distributor to deliver any vinous, malt or brewed beverages except in vehicles bearing the name, address and license number of such distributor, wholesaler or manufacturer, painted or affixed plainly on each side of such vehicle in letters not smaller than four (4) inches in height.

Section 18.  Packaging of Beverages.

Retail licensees for off-premise sale of individual or packages of six (6) or less alcoholic beverages must place each container thereof in a bag, box or other similar opaque covering prior to the customer’s leaving the licensee’s building used for alcoholic beverage sales.

Section 19.  Signs advertising alcoholic beverages at places of business.

It shall be unlawful for any person to display any sign or signage of any type or any nature whether painted, electronic, neon, LED, vinyl, removable lettering, or otherwise of either a temporary or permanent nature which contain or otherwise shows the name, generic name, brand name or any phonetic spelling or misspelling of a name for any alcoholic beverage as enumerated and defined in this chapter (including any type of illustration or image depicting an alcoholic beverage) outside any place of business or in any window or door visible from the outside of the business.  For the purpose of this section, any sign attached directly to any part of a window or its vicinity (including windows integrated into doors) or any sign placed within twelve (12) inches of the window with its content visible from the outside, will be considered to be in the window.  Furthermore, this section shall be read in conjunction with the City’s sign regulations.  Any inconsistency with any prior ordinance which is in conflict with the terms and conditions of this section, or contrary to its intent, shall be superseded by this section to the extent of the conflict.

Section 20.  Sale or consumption in public places.

The sale, furnishing, giving away, serving and drinking of any alcoholic or malt or brewed beverages in any public place, as defined herein, or the grounds thereto, is prohibited.

Section 21.  Open containers.

It shall be unlawful for any person to drink, sell, serve, display, dispense or give away, or attempt to drink, sell, serve, display, dispense or give away, any alcoholic beverage while upon any street or while in any motor vehicle in the city; and further, it shall be unlawful for any person to drink, sell, serve, display, dispense or give away, or attempt to drink, sell, serve, display, dispense or give away, any alcoholic beverage while upon any sidewalk within the corporate limits of the city; and further, it shall be unlawful for any person to possess alcoholic beverages in an open glass, bottle, cup, can, keg, bag, or other receptacle not its original container while upon or along any public street, road or highway in the city or while in any automobile or other motor vehicle on or along any public street, road or highway in the city, or in violation of Section 20 above.

Section 22.  Consuming alcoholic beverages in state liquor store or off-premises licensed establishment.

It shall be unlawful for any person to consume alcoholic beverages on the premises of any state liquor store or any off-premises licensee.

 

 

Section 23.  Sale at unlicensed premises.

(a)  It shall be unlawful for any person to sell, furnish, give away, or consume any alcoholic beverages at any business, which is not licensed for the sale of alcoholic beverages under the provisions of this ordinance.

(b)  It shall be unlawful for any person to buy, sell, barter, give away, consume, or possess any alcoholic beverage on the premises of any alcoholic beverage licensee for which the licensee is not authorized to sell.

Section 24.  Order on premises; reports of assaults; affrays, etc.; certain conduct prohibited.

(a)  It shall be the duty of each owner and of each manager or supervisor at any time charged with the management and supervision of any retail liquor, retail table wine or retail malt or brewed beverage licensed premises, while the same is opened to the public, to maintain order upon the premises and to exclude from the premises any person who is drunk and disorderly or who commits any breach of the peace, or who uses offensive, disorderly, threatening, abusive or insulting language, conduct or behavior with the intent to provoke a breach of the peach, or whereby a breach of the peace might be occasioned.  It shall be the duty of each officer, owner, manager or person in charge of any retail liquor, retail table wine, or retail malt or brewed beverage licensed premises with the city, immediately to make an appropriate report to the police department of the city of each assault, assault and battery, or affray, occurring on the licensed premises while said premises is open for business.  It shall further be the duty of such person to make a written report of each incident to the police department of the city and to the local field office of the board within thirty-six (36) hours thereof.

(b)  No on-premises licensee shall conduct or allow to be conducted on the licensed premises any form of lewd or indecent entertainment, including but not limited to, male or female strippers, mud wrestling, topless or bottomless dancers or waitresses, lewd or indecent dancing, wet “T” shirt contest, or any other sensual or erotic contests, or activities of any kind.

(c)  It shall be unlawful for any licensee to make or allow to be made, any noise or sounds of such volume or such nature as to be in Violation of the City of Lineville’s Noise Ordinance.

Section 25.  Identification card required for managers or bartenders employed by licensee.

(a)  Any person who wishes to be employed as a manager, bartender or server/seller by any alcoholic beverage licensee licensed under this ordinance shall be required to provide the employer with written evidence of their successful completion of the “responsible vendor” program, or any similar successor program as conducted through the alcoholic beverage control board, or an approved alternative responsible vendor program as described elsewhere in this ordinance. In lieu of the requirement in the preceding sentence, an employee may fulfill this requirement by successfully completing an employer sponsored responsible vendor program which has been approved in writing by the alcohol license review committee. The employee shall affirm to the employer, in writing, that he or she has no criminal convictions of a drug or alcohol related offense involving possession, sale, or a driving under the influence violation within the preceding twelve (12) months. The employer shall maintain a copy of said verification and affirmation on the licensed premises, and upon receipt of such verification and affirmation, shall issue the employee a card showing the employee’s name, date of issuance, and the licensed name of the employer. The city may provide the licensee with the blank cards for use in fulfilling this requirement.

(b)  Any person who is employed as a manager, bartender, or server/seller by any alcoholic beverage licensee under this ordinance shall, while on duty on the licensed premises, have on their person an identification card issued by the employer indicating that he or she has complied with the requirements of this section and is duly registered with the employer as an approved manager, bartender, or server/seller.

(c)  It shall be unlawful for any alcoholic beverage licensee licensed under this ordinance to employ any manager, bartender, or server/seller who has not met the requirements of this section and who has not been issued the prescribed identification card by the employer.

(d)  It shall be unlawful for any alcoholic beverage licensee licensed under this ordinance to have on duty any manager, bartender, or server/seller who does not have on their person an identification card issued by the employer under this section.

(e)  It shall be unlawful for any manager, bartender, or server/seller to be on duty as such on an alcoholic beverage premises in the city without the identification card on their person issued by the employer under this section.

(f)  In the event the bartender or server/seller is not regularly employed by an alcoholic beverage licensee, but is working in the capacity as defined in this ordinance, said bartender or server/seller may obtain an identification card by providing a copy of the written evidence of successful completion of the “responsible vendor” program to the city, along with an affirmation indicating that said person has no final conviction for a drug or alcohol related offense involving possession, sale, or a driving under the influence violation within the preceding twelve (12) months, and a card will be issued to that person.

(g)  It shall be the responsibility of the manager, bartender, or server/seller to notify the employer in writing of any final conviction of a drug or alcohol related offense involving possession, sale, or a driving under the influence violation within fifteen (15) days of said final conviction. Said employer shall preserve such notice for a period of twelve (12) months.

(h)  It shall be unlawful for any alcoholic beverage licensee licensed under this ordinance to employ a person as a manager, bartender, or server/seller, who, in the next preceding twelve (12) months has been finally adjudicated as guilty of a drug or alcohol related offense involving possession, sale, or a driving under the influence violation, and said person has notified the employer of such final conviction.

(i)  Any person currently employed as a manager, bartender, or server/seller by an alcoholic beverage licensee shall have ninety (90) days from the effective date of this ordinance to comply with the responsible vendor certification requirements contained within this section.

 

(j)  Notwithstanding any other provisions of this section, any person who is employed as a manager, bartender, or server/seller subsequent to the effective date of this ordinance shall have a period of forty-five (45) days in which to comply with the responsible vendor certification requirements of this section.

Section 26.  Duties and responsibilities of the person in charge.

(a)  Each alcoholic beverage licensee shall be required to designate a person or persons who will be known as the “person-in-charge” (PIC) for the licensed establishment. This person or persons shall be responsible for ensuring compliance with the provisions of this ordinance and those of the alcoholic beverage control board during such time as they are functioning in the role as a “person-in-charge” and shall be required to have visibly displayed on their person a card, as issued to the licensee by the city, indicating that they are the “person-in-charge”.

(b)  Any person who is designated as a “person-in-charge”, shall be required to provide written evidence to the employer of their successful completion of the responsible vendor program as conducted through the alcoholic beverage control board, or an alternative responsible vendor program otherwise approved by the city as described elsewhere in this ordinance. Additionally, any such person shall provide an affirmation to the employer that said person has no final conviction for a drug or alcohol related offense involving possession, sale, or driving under the influence violation during the preceding twelve (12) months. Such records as required by this subsection shall be preserved by the employer for a period of twelve (12) months.

(c)  It shall be unlawful for any designated “person-in-charge” to be on duty as such on an alcoholic beverage premises in the city without the identification card issued by the city under this section visibly displayed on their person.

(d)  It shall be required for any alcoholic beverage licensee licensed under this ordinance, during authorized hours for operation, to have a minimum of one (1) “person-in-charge” on duty on the licensed premises who has the “person-in-charge” card, as issued by the city, visibly displayed on their person. A violation of this requirement shall be unlawful and punishable as such.

(e)  Each person designated and approved as a “person-in-charge” shall be required to notify the employer, in writing, within fifteen (15) days of final adjudication of a drug or alcohol related offense involving possession, sale, or a driving under the influence violation in which said person was adjudged guilty. Said employer shall preserve such notice for a period of twelve (12) months.

(f)  It shall be unlawful for any alcoholic beverage licensee licensed under this ordinance to employ or utilize as a “person-in-charge” any person who, in the next preceding twelve (12) months has been finally adjudicated as guilty of a drug or alcohol related offense involving possession, sale, or a driving under the influence violation, and said person has notified the employer of such final conviction.

(g)  Each such person who will be designated as a person-in-charge shall have ninety (90) days from the effective date of this ordinance to comply with the requirements for the “person-in-charge” card as required in this section. Each such person who will be designated as a “person-in-charge” subsequent to this initial ninety-day period, shall be required to meet the requirements of this section prior to being designated as such.

(h)  The city shall issue one (1) “person-in-charge” card to each current licensee upon their meeting the requirements of this section, or at the time of initial license issuance for applications subsequent to the effective date of this article. Any replacement cards shall be provided to the licensee at a cost of five dollars ($5.00) per occurrence.

(i) Inspection  Pursuant to Alabama Alcoholic Beverage Control Board Administrative Code Number 20-X-5-.01 (d); an agreement by invitation from the licensee allowing duly  authorized agents of the ABC Board or other duly commissioned law enforcement officers of the state, county, or municipality in which the licensed establishment is located, to enter and search, without a warrant, the licensed premises or any building owned or occupied by the licensee in connection therewith, adjoining, adjacent to or part of the curtilage thereof, whether used as a private dwelling or not, at any time.

(j) Said person shall be at least 21 years of age or older

Section 27.  Penalties.

Any person who violates any provision of this ordinance shall be guilty of a misdemeanor and, unless otherwise provided herein, shall, upon conviction or adjudication of guilt, be punished by paying a fine not to exceed $500 or to be incarcerated for a period not to exceed six (6) months or by both such fine and incarceration.

Section 28.  Severability.

The provisions of this Ordinance are severable so that if any provisions hereof is declared unconstitutional, void or invalid by a court of competent jurisdiction, all other provisions hereof shall not be affected by such declaration and shall remain in full force and effect as though the unconstitutional, void or invalid provision had not been included in the Ordinance as originally adopted.

Section 29Conflicts with state statutes.

This Ordinance shall be deemed cumulative with and supplemental to any and all statutes of the State of Alabama regarding the subject matter hereof and to be subordinate to same and in no manner intended to supersede any such statutes of the State of Alabama.  Any provision hereof in conflict with any provision of any State statute shall be construed so as to be in harmony with the same where possible and otherwise to be subordinate to and superseded by the provisions of such State statute.

Section 30.  Ordinance Replacement.

This Ordinance replaces and supersedes any and all prior Ordinances setting forth or dealing with any fees or licenses set forth in this Ordinance.Page BreakSection 31.  Effective date.

This Ordinance shall become effective in the City of Lineville, Alabama, upon its adoption and publication according to law and, further upon certification by the City Clerk that the legalized sale of alcoholic beverages in the city has been authorized pursuant to provisions of the laws of the State of Alabama.

ADOPTED the ____ day of ____________, ______.

____________________________________

Roy Adamson, Mayor

ATTEST:

_____________________________

Cynthia Harris, City Clerk

 

 

 

 

 

 

 

 

 

Please follow and like us:
Follow by Email
Facebook
Facebook
Google+
http://www.ClayCountyWeb.com/articles/lineville-council-adopts-alcohol-ordinance/
Twitter
SHARE

January 2016 Clay County Grand Jury Reports

Below is a list of indictments handed down by the Clay County Grand Jury January 2016 session:

Luis Alberto Balam: Rape 2nd Degree, 3 counts

Antonio Deontia Brown: Burglary, 3rd Degree; Assault 3rd Degree, 2 counts

Pastrana Calderon: Theft of Services 1st; Theft of Property 2nd, Burglary 3rd Degree, Marijuana Trafficking,  Possession of Paraphernalia

Jessie Derell Cosby: Burglary 3rd Degree, Theft of Property 2nd

Kenneth R Cotney: Theft by Deception 1st

Michael Derell Dozier: Assault 1st Degree

Edward OBrian Fleming: Unlawful Distribution/Furnishment of Controlled Substance and Distribution: Possession Marijuana 1st

Courtney Garrett: Possession Controlled Substance

Ryan Louvell Hallman: Rape 2nd Degree

Gregory Dewayne Hardy: Rape 1st Degree

Markeigh Contrell Jackson: Assault 1st Degree

Bobby P Jones: Sex Offender and Notification Act Violation- 2 counts

Randel Shakur Jones: Obstruction of justice-False Identity

James Barnard Leonard: Assault 2nd Degree, Disarming Law Enforcement, Attempt to Elude- 2 counts, Escape 1st Degree, Criminal Mischief 3rd- 2 counts, Sex Offender and Notification Act Violation- 2 counts, Burglary 3rd Degree, Theft of Property 3rd, Assault 2nd Degree

Richard Walter Logan: Sexual Abuse 1st

Marquee Devon Lollar: Robbery 1st

Yarisleydys Martinez: Marijuana Trafficking, Paraphernalia- Sell/Deliv, Theft of Services 1st

Jacqueline Morgan Owens: Possession of a Controlled Substance, Use/Possession Drug Paraphernalia, No Drivers License, Fail Display Insurance

Joseph Lee Rainey: Criminal Mischief 3rd, Theft of Property 1st

Aaron Francis Reddick: Possession of Controlled Substance- 2 counts, Use/Possession Drug Paraphernalia, Possession Marijuana 1st, No Drivers License, Improper Lane Usage

Phillip Ray Smith: Sex Offender Notification Act Violation

Quinnetta Richelle Thomas: Possession Forged Instrument 2nd- 2 counts

Matthew Dylon Watts: Possession Marijuana 1st

Tammy Melinda Watts: Theft of Property 1st

Edward Lashun Zackery: Possession Forged Instrument 2nd- 3 counts

 

 

Please follow and like us:
Follow by Email
Facebook
Facebook
Google+
http://www.ClayCountyWeb.com/articles/january-2016-clay-county-grand-jury-reports/
Twitter
SHARE

Washington Heights Community and TCR Address Board; Open Positions

The Board of Education met Thursday. March 24, 2016 with all members present.

Addressing the Board were the  citizens of the Washington Heights Community in regards for wanting the former vocational building turned back over to the community.  Original Board member Elijah Wood of the Clay County Training School, Terry Heflin, and  Clay County Commissioner Ricky Burney  spoke on behalf of the matter.

bo 5

Mr. Wood, who spoke first, said the community gave the land for the purpose of the establishment of the school many years ago. Wood felt that with the hard work of the citizens of the community, they could put the building to good use through senior center meals on wheels and other services as well . Wood told the Board if they wish to use the building for school purposes, then the citizens would step aside with their plans.

Commissioner Burney explained thebo 3 community for the  past 8-10 years that it was promised on behalf of Mr. Staples, one of the board members, that the school would be returned back to the community. Burney said he understood there were several processes to be followed, and had been followed. “The people of the community is excited about the prospect of returning this building back to them for the sake of worthy projects and programs.”

Terry Heflin also spoke on behalf of the matter, telling the Board he had spoken with the state architect, Mr. Perry Taylor, in Montgomery at the state Department of Education,  as well as legal counsel. Heflin explained the state had no deeds recorded on file that the state owns the property on which the old vocational building stands now. bo 4The last deed on file in the county recorded in Montgomery and Clay County both says that the property was still in the name of the Clay County Training School.  Heflin said the state was still looking into recorded documents for this facility and would know more later. Heflin went on to say they had consulted legal counsel of their own to discuss this issue because they felt the process that was followed with both Mellow Valley and Bibb Graves schools being returned to their communities was a different process from this one. “This land was given by the community to build this school and I have deeds dating back to the 1903 showing that the Methodist Church gave and 1929 for the deacons of Springhill and Mr. Gibson to build this school”, said Heflin.

Also present to address the Board was Kay Jennings, Executive Director of Coosa Valley Child Care Corporation, representing Cheaha Head Start. Jennings handed out a proposal to each board member outlining renovations and constructions for the Lineville TCR Head Start facility to be housed in the former vocational school, if this grant funding came through. These renovations would cost around $900,000 to get this building up to licensing code. Currently, 28 children are in the TCR program in Lineville, 18- Pre-k 4 year olds, and ten 3 year olds at its current location behind Perryland Foods in Lineville. This is the maximum capacity of for the building at this time.

The renovations proposed would allow more children to receive services, such as early head start center, a head start center, and a pre-k program at this location in Lineville.”  We would like to make this a full inclusive center for children from birth to kindergarten age, including providing mobile services for 8 pregnant women”, saidbo 2 Jennings The total number of children that could be served if these renovations took place would be 59 and 67 counting the pregnant women. ” After thorough research, we have discovered there’s a strong need for these services just in the nearby community alone” says Jennings.

Jennings explained they would collaborate with the BOE and write the grant themselves for a funding for an early head start in Clay County, but would need a support letter from the Board members stating TCR would have access to the building to do the necessary renovations. TCR would keep up insurance and any upkeep. This concluded Jenning’s presentation.

The following items were unanimously approved:

 

  • Recommended by the Superintendent, approval of the agenda.
  • Recommended by the Superintendent, approval of the minutes from the February 23
  • Recommended by the Superintendent, approval of the following Financial Reports for February 2016. Chief Financial Officer Brandi Bishop stated they were ending the month of February with approximately $1.2 million, which is actually a little over the mandatory one-month operating expenses. However, Bishop explained that was typical for this time of year since this was the time of year they received most of their taxes. Bishop went to explain this balance would drop with the majority of taxes already received and stated she didn’t expect to end the year with the required one-month operating expense in reserve.
  • Recommended by the Superintendent, approval of the 2016 Amended Budget.
  • Recommended by the Superintendent, approval of the following state-approved textbooks:

 

K-8  Carolina biological supply company’s The Science and Technology Concepts Program 

9-12 – Houghton Mifflin Harcourt’s Alabama Biology Houghton Mifflin Harcourt’s Alabama Modern Chemistry 

Houghton Mifflin Harcourt’s Alabama Physics 

Houghton Mifflin Harcourt’s Environmental Science 

Houghton Mifflin Harcourt’s Physical Science 

McGraw Hill/Hole’s Essentials of Anatomy and Physiology  

Goodheart Wilcox’s Introduction to Anatomy and Physiology 

  • Recommended by the Superintendent, approval of the CSFO Employment Contract given to board members at the last meeting for review.
  • Recommended by the Superintendent, approval for the Lineville Elementary 5t grade to travel to Atlanta Georgia to tour the World of Coke and Inside CNN Tour.
  • Recommended by the Superintendent, approval to declare the 1964 dump truck (VIN# F60AN522063) as surplus.  The central office will advertise to accept bids on this vehicle.
  • Recommended by the Superintendent, approval to accept the bid received March 22, 2016 for a Busworx/Bluebird Type C Diesel Bus with wheelchair lift. The bid is for $90,898.00 and was the only bid received. The funds for this project will not come from fleet renewal funds, it will come from capital projects funds.
  • Recommended by the Superintendent, approval of the Unified, Comprehensive, and Equitable System of Learning Supports Policy given to board members at the last meeting for review.
  • Recommended by the Superintendent, approval of the 49 Personnel Action Items, including some of the following:

Retirement of Janie Hann,  Instructional aide at LES effective June 1, 2016

Retiremene of Nanette G. Perry,  English Teacher at CHSCC effective June1, 2016

Resignation of Michael Wayne Jordan,  Transportation Coordinator effective March 23, 2016

bo 1

 

Informational items:

Mr. Walker recently completed the required State Training for Superintendents. The classes were Instructional Leadership, School Finance and Education Law .

Board members will be given a revised copy of the Religious Liberties Policy that will be voted on at the next meeting.

The next regular board meeting will be April 28, 2016 at 4:00 in the Board Room.

 

The following Positions are Open with the CCBOE at this time:
Transportation Coordinator:  Central Office/Bus Shop, applicants should file applications with Superintendent, Billy Walker at the Clay Co. Board of Education Office.
Drivers Education Teacher – Summer School
Online Credit Recovery Facilitator – Summer School
Applicants should file applications with Principal, Steve Giddens at Central High School.
ESY Summer Teacher/Bus Aide
ESY Bus Driver / Classroom Aide
Applicants should file applications with Special Education Coordinator, Charla Deleo at the Clay Co. Board of Education Office
All positions will be advertised for a minimum of 14 days until filled.
Please follow and like us:
Follow by Email
Facebook
Facebook
Google+
http://www.ClayCountyWeb.com/articles/washington-heights-community-and-tcr-address-board-open-positions/
Twitter
SHARE

Clay County Sheriff’s Deputies make arrest for Attempted Murder 

The following is a press release issued by Clay County Sheriff Ray Latham:

On Saturday evening at approximately 7pm, Sheriff’s Deputies received a call from an individual stating threats had been made via text messages and voice mail to them and a friend.

Shortly after receiving that information, Sheriff’s Deputies received another call of shots fired at the residence of the complainant.  After arriving at the residence, Sheriff’s Deputies received information that positively identified a person of interest and proceeded to locate the subject. It was determined that the suspect had fled the area, as investigators received information that the person sought had caused a disturbance with family members in the Lincoln, Alabama area.

Sheriff’s Deputies contacted the United States Marshal Service Fugitive Task Force in order to assist in locating the individual. On Tuesday, Sheriff’s Deputies assisted by the United States Marshals Task Force were able to determine the location of the suspect. Dustan Dewain Gambrell, age 41 of Eastaboga, Alabama was arrested and charged with Attempted Murder by Sheriff’s Deputies at a location in Northern Clay County.

Gambrell is currently being held in the Clay County Detention Center on $50,000.00 bond resulting in the Attempted Murder Charge. He is also held on No Bond on a violation of Protection Order and a previous Domestic Violence Charge earlier in the year.

Sheriff Latham thanks the U. S. Marshals Fugitive Task Force for their assistance in apprehending Gambrell.

Please follow and like us:
Follow by Email
Facebook
Facebook
Google+
http://www.ClayCountyWeb.com/articles/sheriffs-deputies-make-arrest-for-attempted-murder/
Twitter
SHARE