City Notices

Alcoholic Beverages Ordinance With Poposed Changes



ARTICLE 6 Alcoholic Beverages

8.0601  Definitions  For the purpose of this article:

1. "Alcohol" means neutral spirits distilled at or above one hundred ninety degrees proof, whether or not such  product is subsequently reduced, for nonindustrial  use.

2. "Alcoholic beverages" means any liquid suitable for drinking by human beings, which contains one-half of one percent or more of alcohol by volume.

3. "Beer" shall mean any malt beverage containing more than one-half of one percent of alcohol by volume.

4. "Distilled spirits" means any alcoholic beverage that is not beer, wine, sparkling wine, or alcohol.

5.  "Licensed premises" means the premise on which beer, liquor, or alcoholic beverages are normally sold or dispensed and must be delineated by diagram or blueprint which must be included with the license application or the license renewal application.

6. "Liquor" shall mean any alcoholic beverage except beer.

7. "Sparkling wine" means wine made effervescent with carbon dioxide.

8. "Wine" means the alcoholic beverage obtained by
fermentation of agricultural products containing neutral or added sugar or such beverage fortified with brandy and containing not more than twenty-four percent alcohol by volume.

9. "Package" and "original package" shall mean and include any container or receptacle containing an alcoholic beverage, which container or receptacle is corked or sealed by the manufacturer thereof and which cork or seal has not been removed or broken prior to the sale of such package to the purchaser.

10. "Club" or "lodge" shall include any corporation or association organized for civic, fraternal, social or business purposes, or the promotion of sports, which has at least 200 members at the time of application for license and which was in existence on November 3, 1936.

11. "Retail sale" shall mean the sale of alcoholic beverages for use or consumption and not for resale.


12. "Off-sale" shall mean the sale of alcoholic beverages in original packages for consumption off or
 away from the premises where sold, and an off-sale license shall authorize the person named
 therein to conduct such off-sales only at the place designated in such license and not elsewhere,
        and shall not  permit the opening of the package sold on the premises where sold.  Such sale
        must in each case be completed by delivery of the liquor sold to the actual purchaser thereof on
        the licensed premises.

13. "On-sale" shall mean the sale of alcoholic beverages for consumption only on the premises where  sold, and an on-sale license shall authorize the licensee to conduct such on-sales only at the place designated in such license and not elsewhere.
(Revised 4-03-2001)

8.0602  Exceptions

1. This article shall not apply to wines delivered to priests, rabbis and ministers for sacramental use.

2. This article shall not be construed to apply to the following articles, when they are unfit for beverage purposes:

a. Denatured alcohol produced and used pursuant to Acts of Congress, and the regulations thereunder.

b. Patent, proprietary, medical, pharmaceutical, antiseptic and toilet preparations.

c. Flavoring extracts syrups and food products.

d. Scientific, chemical, and industrial products; nor to the manufacturer or sale of said articles containing alcohol.

8.0603 License Required  No person shall sell at retail within the city limits of this city any alcoholic beverage without first having obtained a license therefore as herein provided.  This section shall not apply to public carriers engaged in interstate commerce.

8.604  Licenses - Class of - Fee

1.  On and off-sale beer and liquor licenses are established at an annual fee of $900.00

2.  On and off-sale "restricted" beer and wine licenses are established at an annual fee of $450

3.  On sale "catering only" beer and liquor licenses are established at an annual fee of $600 plus a
     one- time application fee of $1,000.
 (Revised 9-16-2008)
8.605  Licenses - Limit of Number 
1. On and off sale beer and liquor license - five (5)

2. Off sale beer and wine licenses- "restricted" two (2).  The restricted license shall authorize the off sale of beer and wine only.

3. On Sale "Beer and Wine Only" license - "restricted" one (1).  The restricted license shall authorize the "on sale" of beer and wine only.
        (Revised August 2010)

8.0606  Licenses - Term of

1. All licenses issued hereunder shall be for a period of not more than twelve (12) months and shall expire on December 31st.  Where a license is granted for a period less than twelve (12) months any subsequent renewal thereof must be made for the full annual term.

2. If an application is made for license hereunder during the annual period for the unexpired portion of such half years the fees for said license shall be proportional   to represent the number of whole months which said license will be in effect.

3 In the event that an existing license holder fails to renew their license within the period prescribed by the notice to renew sent to them by the City Auditor, the City of Bowman may choose not to renew the license or, in the event the City of Bowman does choose to renew the license, the cost for the license shall be doubled.   (Revised 10-20-09)

8.0607  License - Qualifications for No retail license shall be issued to any person unless the applicant shall file a sworn application, accompanied by the required fee, showing the following qualifications:

1. The applicant, other than corporate, must be a legal resident of the United States and State of North Dakota and be a person of good moral character.

2. If applicant is a corporation, the manager of the licensed premises and the officers, directors and stockholders must be local residents of the United States and persons of good moral character.  Corporate applicants must first be properly registered with the Secretary of State.

3. Applicant or manager must not have been convicted of an offense determined by the governing body to have a direct bearing upon an applicant's or manager's ability to serve the public as an alcoholic beverage retailer.

4. Building in which business is to be conducted must meet local and state requirements regarding the sanitation and safety.
 
5. Taxes on property for which application for license is made must not be delinquent.

6. If applicant's place of business is to be conducted by a manager or agent, said manager or agent must possess the same qualifications required of the licensee.

7. The applicant may not have any financial interest in any wholesale alcoholic beverage business.

8.0608  Application for Liquor License  Any person desiring a license to sell alcoholic
beverages at retail as hereinbefore described shall make and present a written verified application to the governing body of this city, filed with the City Auditor, containing the following  information:

1. The name and address of the applicant; if the applicant is a co-partnership, the name and address and place of residence of each member of said co-partnership; if the applicant is a corporation, the name and address of the officers of the corporation and the manager of the licensed premises.

2. Whether the applicant is a citizen of the United States, and if a naturalized citizen, the date and place of naturalization and place of residence of the applicant for a period of one year last preceding the date of application; if the applicant is a co-partnership the same preceding information for each member of said co-partnership; and if the applicant is a corporation, the date of incorporation, the state where incorporated, the purpose for which said corporation was incorporated and if such corporation is a subsidiary of any corporation, the name of the parent corporation.

3. The legal description and the address of the premises for which license is sought.

4 A diagram or blueprint of the building or property showing the area to be designated as the licensed premises.  If any interior structural changes occur during the licensure year, submit a new drawing to City Hall as soon as possible.

5. The date on which the applicant acquired title to the premises sought to be licensed, and if the applicant does not have title to said premises, the name and address of the owner of the premises together with a copy of the applicant's lease, if written, under which he holds possession of said premises.

6. Whether there are any delinquent taxes against the premises sought to be licensed.

7. Whether the applicant has ever engaged in the sale or distribution of alcoholic beverages prior to this application, and if so, the date and type of business and place where so engaged whether within or without the State of North Dakota, the date the applicant first began to operate.

8. Whether the applicant had ever had a license revoked or cancelled by a municipal, state or federal authority, and if so, the date of such cancellation, the place and authority cancelling the same, and the reason for such cancellation.


9. Whether the applicant has ever been convicted of the violation of any law of the United States or of any state, or of the violation of any local ordinance, with regard to the manufacture, sale, distribution or possession of alcoholic beverages, and if so, the dates, names of place, and courts, in which said convictions were had.

10. Whether the applicant has ever had a license for the sale of alcoholic beverages revoked for any violation of state laws or local ordinances, and if so, the names of the bodies revoking such license, the dates of such revocation, and the reasons assigned therefore.

11. Whether the applicant has ever been convicted of any other crime than stated in subsections (8) and (9) here-of, in this state or any other state, or under any federal law, and if so, the date of such conviction, the name of the crime for which convicted, the amount and terms of sentence passed, and the court in which convicted.
 
12.     The name and address and the place of residence for a period of one year prior to the date of application of any person who will have charge, management, or control of the establishment for which license is sought.

13. Whether any other person than the applicant has any right, title, estate or interest in the leasehold or in the furniture, fixtures, or equipment in the premises for which license is sought, and if so, the name and address of such person together with a statement of the interest.

14. Whether the applicant has any interest whatsoever directly or indirectly, in any other    establishment dispensing alcoholic beverages, either at wholesale or retail, within or without the State of North Dakota, and if so, the names and addresses of such establishments.  This provision is meant to include the holders of capital stock in any corporation dealing in alcoholic beverages, either at wholesale or retail, and within the borders of the United States.

15. The occupations which the applicant has followed during the past five years.

16.  The names and addresses of at least three business references.

17. Whether the applicant is rated by any commercial agency, and if so, the name and address of said
 agency.

18. Whether the applicant is engaged in any other business or intends to be engaged in any other
  business than the sale of alcoholic beverages under the license for which application is made, and
  if so, the type of business, and if an employee, the name and address of the employer.

19. The classification of license applied for.


20. If the applicant is a lodge or a club, the date of organization, the number of members, the purpose
 for which organized, and the purpose for which profits to be derived from the sale of alcoholic
  beverages are to be applied; and whenever required by the governing body a list of the members
  belonging to such lodge or club.

21.  A statement by the applicant that they or their employees consent to entry and inspection of the premises for which a license is sought or any part thereof at any time by any police officer, sheriff, or any peace officer of the City of Bowman or the State of North Dakota.  Failure to abide by, deny entry into premises, or by not answering an officers request to gain entry, when evidence supports that an applicant or employees are inside the establishment, shall be considered a violation and a report shall be submitted per 8.0609 License - Application Fitness

** It shall be the responsibility of the applicant and his or her employees to report as soon as practical to law enforcement, matters involving violent acts occurring in or on the applicant's licensed property.  The manner of violent acts that shall be reported as soon as practical are physical assaults, threats of physical assaults, sexual assaults, or threat of sexual assault or any crimes that would result in injury or threats of injury.  Failure to report on said acts shall be submitted by report per 8.0609 License - Application Fitness.

22.  Such other and further information as the governing body may from time to time require.

23.  Whether any applicant has any financial interest in any wholesale alcoholic beverage business.  (Revised 11/19/2013)
 
8.0609  License - Application Fitness  The Chief of Police or such other person or officer as
may be designated by the governing body shall, upon the filing of an application investigate the facts as stated in the application and the character, reputation and fitness of the applicant, and shall report on said matters to the governing body.

8.0610  License - Location of  No license shall be issued or transferred to any person, firm or corporation to engage in the sale of beer or alcoholic beverages within the city without approval as to the location of said licensed business by the governing board.  The application for approval shall be in writing filed with the board.  At the time of hearing the board shall in its discretion determine if said location is in harmony with the public interest and welfare of the community, and shall consider among other things the following factors:

1. The convenience of police regulations.

2. Public health and sanitation.

3. Proximity of other licensed businesses.

4. Proximity of schools, churches, funeral homes, public buildings, or buildings used by or for minors.

5. Any protests of neighboring property owners or occupants.

6. Zoning regulations.

7. Proposed on or off-sale or both licensee.

8. Interference with or proximity to residential property.

9. Interference with neighboring property.

10.   Suitability of premises for sale of beer, liquor or alcoholic beverages.
 

11.  Public convenience and necessity.

8.0611  License - Granting After the governing body of the city has received the application as provided herein they shall meet and consider the same.  If they find that the applicant meets the qualifications for a license and are satisfied as to the completeness and the accuracy of the information contained in the application, they may grant the license.  If they find that the applicant does not meet with the qualifications or they are not satisfied as to the completeness or accuracy of the information they may request that the applicant supply more verified information to the governing body or they may reject the application.

8.0612  License - Limit to One Applicant Not more than one license of each classification shall
be issued or granted to any location; and each license shall be valid only for the specific premises
licensed.  (REVISED 5-16-2006)

8.0613  License - Posting of  License issued here- under shall be posted in a conspicuous place in
the premises for which the license has been issued.

8.0614  License - Transfer of No license under the provisions of this article shall be
transferable and any attempt to do so shall constitute a violation of the provisions of this article.

8.0615  License Fees - Disposition of All license fees collected under this article shall be
transferable to the Auditor of this city and credited to the general fund of the city.

8.0616  Hours and Time of Sale Anyone who dispenses  or permits the consumption of
alcoholic beverages on a licensed premises between one o'clock a.m. and twelve o'clock p.m. on Sundays or between the hours of one o'clock a.m. and eight o'clock a.m. on all other days of the week or who dispenses or permits such consumption after one o'clock a.m. on Thanksgiving Day, on Christmas Day, or after six o'clock p.m. on Christmas Eve is guilty of an offense.
(Source: North Dakota Century Code Section 5-02-05, 5-02-05.1)    (Revision 3-01-2008)

8.0616.1 Hours of Operation of Licensed Premises   All licensed premises under this article
shall be closed between the hours of one a.m. and eight a.m. on Monday through Saturday.  On Sunday, all licensed premises under this article shall be closed between the hours of one a.m. and twelve p.m.  Any licensee who permits persons to remain on the licensed premises between the specified closed hours shall be guilty of violation of this article.    (Revision effective 3-01-2008)

8.0616.2 Sunday Alcohol Beverage Permit   REPEALED by Enactment of 8.0616 (3-01-08)

8.0617  Licensee's Responsibility Every licensee is hereby made responsible for the
conduct of his place of business and is required to maintain order and sobriety in such place of business, permitting no disorderly conduct on the premises.  Alcoholic beverages shall not be served to any intoxicated person, nor shall any intoxicated person be permitted to remain upon the premises.

8.0618   Gambling Prohibited - Exceptions No licensee hereunder shall be permitted to
have or maintain on the licensed premises any gambling device, slot machine, punch board, or any other machine or device of similar nature, nor shall gambling, whether by cards, dice, or otherwise, of any nature, be permitted upon the licensed premises.  Any violation of this section shall be sufficient cause for the revocation of the license issued hereunder, and such license shall be revoked upon
conviction of any such violation.  This section shall not apply to gambling or games of chance conducted by a licensee under the authority of a valid and subsisting license issued by the State of North Dakota.

8.0619  Cashing Certain Checks Prohibited   -   REPEALED 1991

8.0620  Sales Prohibited - Items   -    REPEALED 1991

8.0621  Sales Prohibited - Persons No licensee,  his agent, or employee shall sell any alcoholic beverages to a person under twenty-one (21) years of age, a habitual drunkard, an incompetent or an intoxicated person.

8.0622  Minors on Licensed Premises No licensee shall permit any person under twenty-one
(21) years of age to remain on the licensed premises while alcoholic beverages are being sold or
displayed thereon, except that a person under twenty-one (21) years may remain in a restaurant where
alcoholic beverages are being sold if accompanied by a parent or legal guardian.

8.0623  Age Identification  Before selling alcoholic beverages to any person, or before determining whether any person shall remain upon the licensed premises a licensee, his agent or employee, may require a driver's license or other State issued ID.  Any person who makes a false statement as to his or her age, or signs a name other than his own or her own to any such statement, shall be guilty of a violation of this article.

8.0624  Sales, Open Container or Consumption Prohibited  The sale, consumption, or
possession of an open container of any alcoholic beverage upon any sidewalk, street, alley, parking
 
lot to which the public has right of access to, or public way or public property within the city limits is prohibited.  Upon approval by the City Commission at a regularly scheduled board meeting, portions of this ordinance may be suspended for a specified length of time during special community events, promotions or celebrations.          (Enacted 4-03-2001)

8.0625  Premises, Equipment of Premises licensed hereunder for on-sale alcoholic beverages shall be equipped with tables, chairs, booths, and stools in a sufficient number to accommodate reasonably the patrons.

8.0626  Closed or Screened Areas No premises licensed for on-sale of alcoholic beverages
shall contain any side rooms, closed booths, or other screened enclosures, nor shall any screen, partition, curtain, blind, or obstruction of any kind prevent a clear view at all times of all parts of the interior of the premises licensed.  All booths located in such premises shall open directly into the main part of said premises and shall be accessible from the aisles therein.
 
8.0627  Purchase from Licensed Wholesaler REPEALED 2003

8.0628  Toilets Required That the premises where on-sale license is granted must be
equipped with adequate and sufficient lavatories and toilets, separately maintained for men and women, and kept in a clean and sanitary condition.  The on-sale license may be revoked when the foregoing requirements, or any other health ordinance or regulation, is not, at all times strictly observed.

8.0629  Termination or Revocation of Licenses
1. Licenses issued pursuant to this article shall be deemed cancelled and revoked and
 terminated upon the happening of any one or more of the following contingencies:

a. The death of the licensee unless upon application to the governing body by personal representative of the decedent, the governing body shall consent to the carrying on of the business by the personal representative.

b. When the licensee ceases business at the location licensed, unless a new location has been   approved.

c. When the licensee be adjudged bankrupt.

d. When the licensee has been convicted of the violation of any provision of this article, or of the laws of the State of North Dakota pertaining to alcoholic beverages, or of a felony under the laws of the United States, the State of North Dakota, or of any other state of the United States.

e.  When the licensee ceases to possess the qualifications required of an applicant for a license as set out in this article.

f.  When the license or permit of the licensee from the United States Government or the State of North Dakota to sell alcoholic beverages at the location licensed has been terminated or been revoked.

g.  When the licensee ceases to be legal bona fide resident and citizen of the State of North Dakota, or ceases to be a legal bona fide resident of the County of Bowman.

2.  License issued pursuant to this ordinance may, in the discretion of the governing body, be either revoked or suspended for such period of time as deemed appropriate, upon the following grounds:

a. When the licensee has been convicted of violating any of the provisions of this article.

b.   When the business of the licensee at the location licensed shall be conducted in violation of health or sanitary regulations or other ordinances of the city.

c.   When the licensee, if an individual, or one of the partners, if the licensee be a partnership, or one of the officers or the manager if the licensee be a corporation, be convicted in the municipal court of the city of drunkenness or disorderly conduct, or if any appeal be taken from such conviction then when such conviction be sustained by the higher court or courts.

3.   Such causes as are herein before detailed shall not be deemed to be exclusive and such license may also be cancelled and revoked or suspended at any time by governing body for any cause deemed by said governing body to be sufficient cause and justified by reason of public health or public morals.  Such termination shall be subject only to review by the courts of the State of North Dakota.

4. When any license is terminated or revoked for cause, or the licensee voluntarily ceases his business, no portion of the license fee previously paid shall be returned to the licensee or to anyone claiming under or through him.

8.0630  Penalties  Any person, firm, corporation or association violating any of the provisions
of this article shall upon conviction thereof, be subject to a fine of not to exceed Five Hundred and No/100 Dollars ($500.00) and in addition to such fine all powers, right, and privileges
given by any license granted under the terms of this article may be terminated or revoked in accordance with section 8.0629 of this article.       (Revised 4-03-2001)