§ 3-3. Special provisions on liquor permits.

(a)

Restrictions on class A and class B liquor permits. Except as provided for in subsection (c) hereinbelow, no class A or class B liquor permits shall be issued by the municipality for places of business in the following areas of the Town of St. Francisville, and no alcoholic beverages shall be sold therein pursuant to a class A or class B liquor permit:

Any area having historic significance, such areas being defined as follows: (1) Areas recognized as having historic significance by the United States Department of the Interior and entered into the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, which areas are more specifically defined as Ferdinand Street, Sewell Street, and Royal Street; and/or (2) Any area zoned historic district by the municipality.

(b)

Class "AR" restaurant liquor permits.

(1)

The municipality shall issue, on proper application and payment of an administrative fee, a special class "AR" restaurant liquor permit to any restaurant establishment, as defined in subsection (2) hereinbelow, for the sale of beverages of high and low alcohol content.

(2)

For purposes of this section, "restaurant establishment" shall be defined as and establishment which does all the following:

a.

Operates a place of business whose purpose and primary function is to take orders for and serve food and food items;

b.

Serves alcohol beverages in conjunction with meals;

c.

Serves food on all days of operation;

d.

Maintains separate sales figures for alcoholic beverages;

e.

Grosses sixty (60) percent of its average monthly sales from the retail sale of food or food items that are prepared for service and consumption on the premises of the establishment;

f.

Operates a fully equipped kitchen used for the preparation of uncooked foods for service and consumption of such foods on the premises.

(3)

Application and issuance of class "AR" restaurant liquor permits.

a.

The permit provided for in this section shall be applied for and issued annually as determined by the governing body.

b.

Applications for class "AR" restaurant liquor permits shall be in writing, be sworn to in front of a notary public, and shall contain the following:

1.

The full name of the applicant.

2.

A complete description and correct address of the premises in which the restaurant is located.

(4)

All applications shall be accompanied by a permit fee of two hundred and fifty dollars ($250.00), which shall be remitted to the municipality upon completion of the application.

(5)

The permit shall be revoked upon failure to meet or maintain criteria required for the permit.

(c)

Notwithstanding the provisions of subsection (a) hereinabove, and if all other pertinent qualifications and conditions of this section are satisfied, the municipality shall issue a class "AR" restaurant liquor permit for a restaurant establishment, as defined in subsection (b)(2) hereinabove, if the restaurant is located within an area having historic significance as defined in paragraph (a) hereinabove.

(d)

Should any part of this section be declared unconstitutional or otherwise void, than that part shall be considered deleted, but the entire remainder of this section, nonetheless, shall remain in full force and effect.

(Ord. No. 2004-2, 4-13-04)

Editor's note

Ord. No. 2004-2, adopted April 13, 2004, amended section 3-3 in its entirety to read as herein set out. Former section 3-3 pertained to restriction on liquor permits, and derived from Ord. No. 1980-2, 2-26-80; Ord. No. 1993-4, 7-13-93.