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<br />( <br /> <br />ORDINANCE #28 <br /> <br />AN ORDINANCE LICENSING AND REGULATING THE RETAIL ON- <br />SALE AND CONSUMPTION OF WINE AND PROVIDING A PENALTY <br />FOR THE VIOLATION THEREOF WITHIN THE CITY OF CENTERVILLE <br /> <br />SECTION 1. DEFINITIONS <br /> <br />1. Person. The term "person" includes a natural person of either <br />sex, a co-partnership, a corporation or association. The <br />single number includes the plural and the masculine includes <br />the feminine and neuter. <br /> <br />2. Wine. The tenn "wine" shall mean any type of fermented <br />beverage not exceeding 14% of alcohol in volume. <br /> <br />J. Restaurant. The term "restaurant" shall mean any establishment <br />under the control of a single proprietor or manager, having <br />appropriate facilities for serving meals and seating no fewer <br />than twenty-five (25) guests at anyone time, and where, in <br />consideration of payment therefor, meals are regularly served <br />at tables to the general public, and which employes an adequate <br />staff to provide the usual and suitable service to its guests. <br /> <br />4. On-Sale. The term "on-sale" shall mean the sale of wine for <br />consumption on the premises only. <br /> <br />SECTION II. LICENSE REQUIRED <br /> <br />No person shall sell or offer for sale wine within the City of <br />Centerville without first obtaining a Retail On-Sale Wine <br />License as hereafter provided. A Retail On-Sale Wine License <br />shall be approved only for restaurants. The sale of wine shall <br />apply only to the licensed premises in conjunction with the sale <br />of food. <br /> <br />SECTION III. APPLICATION FOR LICENSE <br /> <br />Every application for a Retail On-Sale Wine License shall be made <br />on a form supplied by the City and shall state the name of the <br />applicant, address and all other pertinent information required <br />by the City for presentation to the City Council. The premises <br />for which the license is to be issued shall also be indicated on <br />the application. All applications shall be filed with the City <br />Clerk-Treasurer. <br /> <br />SECTION IV. LICENSE FEE <br /> <br />At the time a person files his application the applicant shall <br />deposit with the City Clerk-Treasurer the required fee in the <br />amount of two hundred fifty dollars ($250.00). No license shall <br />be issued until the fee has been paid. The license fee required <br />shall be in addition to all other licenses. The license shall be <br />issued for a period of one year. All Retail On-Sale Wine Licenses <br />shall expire on the last day of December in each year. When a <br />Retail On-Sale Wine License is issued for an unexpired portion <br />of a license year, the fee shall be prorated. <br /> <br />~ <br />