HomeMy WebLinkAboutOrd.1089.10-07-1991 � .�'v
BILL NO. 91-199 ORDINANCE NO. � C �" �
AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF
ORDINANCES OF CAPE GIRARDEAU, RELATING TO
ALCOHOLIC BEVERAGES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. Section 5-43 of the Code of Ordinances of the City
of Cape Girardeau, Missouri, entitled "Limitation on Number of
Licenses Held by One Person" is hereby repealed in its entirety and
a new Section 5-43 entitled "Limitation on Number of Licenses Held
by One Person" is hereby enacted in lieu thereof, in words and
figures, as follows, to-wit:
Sec. 5-43 . Limitation on number of licenses held by
one person.
No person, corporation, or any employee, officer,
agent, subsidiary or affiliate thereof, shall have more
than three (3) licenses, nor be directly or indirectly
interested in any business of any other person or
corporation or of any employee, officer, agent,
subsidiary or affiliate thereof to sell intoxicating
liquor at retail by the drink for consumption on the
premises described in any such license, nor shall any
such intoxicating liquor be sold at retail by the drink
for consumption at the place of sale at more than three
(3) places in the city by any person or corporation or by
any employee, officer, agent, subsidiary or affiliate
thereof; provided that, notwithstanding any other
provision of this Code of Ordinances, in determining
whether any person, corporation, or any employee,
officer, agent, subsidiary, or affiliate thereof, has a
disqualifying interest in more than three (3) licenses,
there shall not be counted any license to sell
intoxicating liguor at retail by the drink for
consumption on premises which include a restaurant at
least fifty per cent (500) of the gross income of which
is derived from the sale of prepared meals or food
consumed on premises where sold, or which include a
facility for the performance of live entertainment and
where the receipts for admission to such performances
exceed One Hundred Thousand Dollars ($100, 000. 00) per
calendar year.
ARTICLE 2 . If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof.
ARTICLE 3 . It is the intention of the governing body and it
is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City of
Cape Girardeau, Missouri, and the sections of this Code may be
renumbered to accomplish such intention.
ARTICLE 4 . This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS 7.�-.h� DAY OF (�JCic�Y'J-CJt/ , 19 �I .
C-/'• -r .?
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rancis E. Rhodes, Mayor
ATTEST:
Juli . Dale, Deputy City Clerk