Thursday, August 07, 2008

Selling beer and wine in Morton—the ordinance & the amendments

My book—The Black Sword: The Secret U.S. Army in Vietnam—is available by mail (not yet in book stores). See post on August 31, 2008 entitled The Black Sword.

I suggest you check out the following website if you are a policy holder of Farmers Insurance Group or thinking about having them insure you in any capacity: http://www.farmersinsurancegroupsucks.com/




https://affiliates.visionforum.com/idevaffiliate.php?id=367


The above link is for a company—Vision Forum—that provides unique products for the family. I am an affiliate for the company and receive a small commission whenever someone uses this link and then makes an unreturned purchase while using the link. Check it out. I think you might like the products offered. I do. See my more complete explanation on my post of February 1, 2008 entitled “Affiliate program with Vision Forum.”

Based upon past historical data: 3,287+ UNBORN BABY MURDERS have occurred in the last 24 hours in the United States. See my post “BABY HOLOCAUST” posted January 22, 2008.

I’ve been involved in a problem one of my clients has with Farmers Insurance Group. My previous posts in relation to this problem were:

September 10, 2007 post: “Beware of Farmers Insurance Group”
September 11, 2007 post: “Farmers Insurance Group’s response”
September 18, 2007 post: “Farmers Insurance Company received the requested list”
September 19, 2007 post: “Farmers Insurance Company’s response to the list”
October 16, 2007 post: “Farmers Insurance Group and my request for information”
November 27, 2007 post: “Farmers Insurance Group does not respond to my request”
January 11, 2008 post: “Farmers Insurance Group latest stall”
January 12, 2008 post: “Farmers Insurance Group is sent a response”
January 14, 2008 post: “Farmers Insurance Group pays some money”
January 19, 2008 post: “Farmers Insurance Group continues to be obstinate”
January 26, 2008 post: “Farmers Insurance Group receives another request”
February 11, 2008 post: “Farmers Insurance Group shows how low they will go?”
February 12, 2008 post: “Farmers Insurance Group: If I were going to respond to the final letter”
February 13, 2008 post: “Farmers Insurance Group and associated companies”
February 14, 2008 post: “Farmers Insurance Group and how others rate the company”

I will not be continuing my Creationism posts today. I do plan to return to them soon.

Then, I plan to answer the response about Iraq. I am sorry for the change in plans. Plans, in reality, often are altered for one reason or another. “The best laid plans … often go astray.” Thank you for your understanding and patience.

How many unborn toddlers were murdered today because of the humanistic, paganish, barbaric decisions of the United States Supreme Court?

Stop the
Murder of
Unborn
Toddlers

“Anyone, then, who knows the good he ought to do and doesn’t do it, sins.” James 4: 17 (NIV)

http://www.farmersinsurancegroupsucks.com/

http://www.childpredators.com/

http://www.lifedynamics.com/

http://www.libertylegal.org/

http://www.alliancedefensefund.org/

http://www.searchtv.org/

As of this posting, I have not yet watched the trustee meeting but I do have the schedule for rebroadcasting the meeting and do plan to watch it soon.

The following are the pertinent sections of the liquor ordinance and then immediately after each section the proposed change or the new change since the section allowing grocery stores to sale beer or wine does not yet exist. For information purposes:

§ = section

¶ = paragraph

Village of Morton Municipal code, 3-8-3: Types of Licenses:, (A), § 5., ¶ 1-2.

THE ORIGINAL ORDINANCE—5. Class E: For consumption off the premises only; for the retail sale of packaged alcoholic liquors—one thousand two hundred dollars ($1,200.00).

The licensee shall maintain such business only on a ground floor location with a minimum of one thousand four hundred (1,400) square feet of floor space and a minimum of twenty feet (20’) frontage and have no customer or public entrances or exits from or to any other building whatsoever; and may sell only items incidental to the packaged liquor business such as nonalcoholic beverages, cigarettes and tobacco products, glasses and bar supplies, and shall not sell food or delicacies except olives and cherries.

THE PROPSED AMENDMENT—5. Class E: For consumption off the premises only; for the retail sale of packaged alcoholic liquors—one thousand two hundred dollars ($1,200.00). [NOTE: This first paragraph has not been changed]

The licensee shall maintain such business only on a ground floor location with a minimum of one thousand four hundred (1,400) square feet of floor space and a minimum of twenty feet (20’) frontage and have no customer or public entrances or exits from or to any other building whatsoever; and may sell [ONLY has been removed] items incidental to the packaged liquor business such as nonalcoholic beverages, cigarettes and tobacco products, glasses and bar supplies, AS WELL AS FOOD STUFFS, PROVIDED THAT THE DISPLAY OF SUCH FOOD STUFFS SHALL NOT TAKE UP MORE THAN FIVE PERCENT (5%) OF THE SQUARE FOOTAGE OF FLOOR SPACE. [NOTE: “and shall not sell food or delicacies except olives and cherries.” has been removed. My comment: I doubt that an owner would even use 5% since I would think that the financial return on investment would be greater for liquor than for food stuffs.

Village of Morton Municipal code, 3-8-3: Types of Licenses:, (A), § 6. (selected pertinent portions of § 6).

THE ORIGINAL ORDINANCE—6. Class F: A Class F license may be issued upon the recommendation of the Liquor Control Commissioner and may be issued only for the following uses:

b. Free sampling of wine for sale promotion. A person seeking to obtain such license must be the holder of a current Class E liquor license for the premises to be used for said purpose.

Any Class F licenses issued shall be further subject to the following:

a. Each such license issued shall set forth the number of days for which it is granted, except that it may not exceed seven (7) days.

b. Each such license issued shall set forth the permitted location and the permitted hours of operation, which in no event shall exceed the allowable hours of operation for a particular license held by the applicant. The location shall be on the premises where a license is issued or immediately adjacent thereto.

c. Upon the approval of the issuance of such license, the applicant shall pay the sum of twenty five dollars ($25.00) plus ten dollars ($10.00) for each day of usage requested. Said fee is nonrefundable. (Ord. 04-53, 3-7-05)

d. No person may obtain a Class F license more than once in any sixty (60) day period.

The Class F provisions have not been changed. However, a third paragraph has been added as a proposed amendment to the Class E license requirements that deals with the provisions of the Class F requirements.

THE PROPSED AMENDMENT—5. Class E with a newly proposed third paragraph: Additionally, this license shall authorize the licensee to conduct unlimited product tasting of beer and wine in the licensed premises.

The proposed changes include:

1) unlimited product tasting instead of once every sixty days with a seven day limit. Thus, product tasting could occur 365 days a year instead of a maximum of approximately 42 days a year.

2) beer being included in the sampling instead of just wine.

3) that a licensee would not have to apply for a special license. If the licensee desires to have a wine and/or beer sampling, he would simply do so.

4) no license fee which presently is a minimum of $35 for one day and a $10 fee for each additional day up to a maximum of seven days which would be as much as $95.

[My comment: This seems to be a very significant change that has not been adequately covered in the news stories I have read.]

A NEW Class H license has been created through the proposed amendments specifically for grocery stores that is not part of the original ordinance.

THE ORIGINAL ORDINANCE: NO PROVISION

THE PROPSED AMENDMENT—8. Class H: For the retail sale of packaged beer and wine in a grocery store for consumption off the premises only—one thousand two hundred dollars ($1,200.00)

For purposes of this section, a grocery store is defined as a store with a minimum of five thousand (5,000) square feet of floor space that is engaged in the sale at retail of baked goods, canned and frozen food, dairy products, dry goods, fresh and prepared meats, fresh fruits and vegetables, health and beauty aids, snack goods, and soft drinks and other non-alcoholic beverages. A grocery store does not include a store that has less than two hundred fifty thousand dollars ($250,000.00) in annual gross sales of food, excluding the following:

a. Alcoholic beverages.
b. Candy, chewing gum, and confectionaries.
c. Cocktail mixers.
d. Food or beverages sold through a vending machine.
e. Medicines, tonics, vitamins, and other dietary supplements.
f. Pet food.
g. Sodas, soft drinks, and other similar beverages.
h. Tobacco products.

This license shall not be issued to any grocery store where motor fuel is sold or offered for sale from approved pumps, whether through an attendant or by self-service. For purposes of this section, motor fuel shall include all volatile and inflammable liquids which are produced, blended, or compounded, or which are suitable or practicable for operating motor vehicles.

Additionally, this license shall authorize the licensee to conduct unlimited product tasting of beer and wine in the licensed premises.

[NOTE: According to this last paragraph, it seems that a grocery store would be allowed to have beer and/or wine tasting occurring within the grocery store EVERY SINGLE day of the year with young CHILDREN and older children present. DOESN’T that set a good example for our youth. Take your children to a grocery store as they watch adults “taste” alcoholic beverages.]

Village of Morton Municipal code, 3-8-4: Closing hours:, (A), § 1.

THE ORIGINAL ORDINANCE: A person who has been granted a license pursuant to this Chapter shall not permit to be consumed or sold, as same may apply to the particular license granted, any alcoholic liquors, beer, or wine except as follows:

Class E holder: On Monday through Saturday, except Christmas Day, 9:00 A.M. to 11:00 P.M.; on Sunday and Christmas Day from 12:00 noon to 11:00 P.M.

Class F holder: As allowed by the granting of same.

The Class F holder provision did not change. The hours for Class E holder did.

THE PROPSED AMENDMENT—Class E holder: On Monday through Saturday from 12:00 midnight to 1:00 A.M. and from 6:00 A.M. to 12:00 midnight; on Sunday from 12:00 midnight to 1:00 A.M. and from 12:00 noon to 12:00 P.M. [NOTE: Christmas is treated now as just another day. If it falls on Sunday, it is treated as any other Sunday. If it falls on any other day, it is treated just as any other day. Also, the total hours on Monday through Saturday are extended by a total of five hours. The total hours for Sunday are extended by two additional hours. Liquor stores may remain open until 1 A.M. in the morning every day of the week.]

Since the Class H license is NEW the closing hour had to be established.

THE ORIGINAL ORDINANCE: NO PROVISION

THE PROPSED AMENDMENT—Class H holder: On Monday through Saturday from 12:00 midnight to 1:00 A.M. and from 6:00 A.M. to 12:00 midnight; on Sunday from 12:00 midnight to 1:00 A.M. and from 12:00 noon to 12:00 P.M. [NOTE: The proposed hours for the NEW Class H (grocery stores) is exactly the same as the NEW proposed hours for the Class E license for liquor stores.]

Village of Morton Municipal code, 3-8-6: Limitation on number:.

THE ORIGINAL ORDINANCE: In order that the health, safety, and welfare of the people of the Village be protected, and in order that minors shall be prevented from the purchase of alcoholic liquors, and in order that temperance in the consumption of liquors be fostered and promoted, there shall be a limit upon the number of liquor licenses issued and in effect, which is as follows [NOTE: Since the number of liquor outlets through an addition of grocery stores is being increased and there will also be an increase in hours when liquor may be sold, does that mean that the above paragraph is now LESS important to the Village Trustees if the proposed amendments pass?]:

Class E: Three (3)
Class F: No specific limit

THE PROPSED AMENDMENT: No change in either Class E or Class F

Since the Class H license is NEW a limitation on number had to be established.

THE ORIGINAL ORDINANCE: NO PROVISION

THE PROPSED AMENDMENT—Class H: Zero (0) [NOTE: I suspect this number increases as application(s) for a Class H license is (are) presented and approved.]

The following provision does not change according to the information I was given when at the Village Hall. However, I believe it may be pertinent if the new Class H license is approved by the trustees.

Village of Morton Municipal code, 3-8-24: General requirements of license holder:.

THE ORIGINAL ORDINANCE: No licensee nor any officer, associate member, representative, agent, or employee of such licensee shall:

(F) Employ or permit anyone under the age of twenty one (21) years to act as an entertainer, or TO SELL or serve alcoholic liquor, or to act as a bartender in the preparation of alcoholic liquor; except that a person of nineteen (19) years of age may serve such liquor to tables beyond the bar or place of preparation; provided, that ALL of the following conditions are met:

1. The primary duty of such person is serving of food and the servicing of patrons seated at tables.

2. The service of alcoholic beverages is incidental to the service of food to patrons.

3. Service shall not be at a counter primarily used for serving drinks (i.e., bar) or any portion of the establishment where meals are not generally served (i.e., cocktail lounge).

NOTE: I checked the Municipal Code and the definition of alcoholic liquor includes beer and wine. Therefore, it seems that in order for a grocery store checkout clerk to sell beer and/or wine to a customer said checkout clerk MUST be 21 years of age. Do the trustees realize this? Does the President of the Board realize this?

One last thing: The requirement for a Class E license and for the NEW Class H license both state that the sale of the allowed alcohol is “for consumption off the premises only.” And yet, both allow for the tasting of wine and/or beer on the premises. Is that possible? Will this be a “Bill Clinton” moment where he smoked marihuana but did not inhale? Will those who “taste” the wine and/or beer “taste” the alcohol but not swallow?

Is it my imagination or are these poorly conceived amendments to the present liquor ordinance? If “the best laid plans of mice and men often go astray,” what is going to occur under such poorly conceived amendments if they are poorly conceived?

“Do not be deceived: God cannot be mocked. A man reaps what he sows. The one who sows to please his sinful nature, from that nature will reap destruction; the one who sows to please the Spirit, from the Spirit will reap eternal life.” Galatians 6: 7-8 (NIV)

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