Title
Temporary Class C Alcoholic Beverage License - Theaters - For the purpose of establishing criteria for the issuance of a Temporary Class C Alcoholic Beverage License to Theaters CLUBS.
Body
CITY COUNCIL OF THE
City of Annapolis
Ordinance O-46-17
Introduced by: Mayor Pantelides
Referred to
Alcoholic Beverage Control Board
Economic Matters Committee
Finance Committee
AN ORDINANCE concerning
Temporary Class C Alcoholic Beverage License - Theaters
FOR the purpose of establishing criteria for the issuance of a Temporary Class C Alcoholic Beverage License to Theaters CLUBS
BY repealing and re-enacting with amendments the following portions of the Code of the City of Annapolis, 2017 Edition
7.12.330
WHEREAS, pursuant to Section 6.16.010 and Section 6.16.050, respectively, the proposed annual budget and schedule of fees was approved by the Mayor and City Council effective July 1, 2017; and
WHEREAS, SECTION 1-101(c) OF THE ALCOHOLIC BEVERAGES ARTICLE OF THE ANNOTATED CODE OF MARYLAND DEFINES A “CLUB” AS A NOT FOR PROFIT ASSOCIATION OR CORPORATION ORGANIZED AND OPERATED EXCLUSIVELY FOR EDUCATION, SOCIAL, FRATERNAL, PATRIOTIC, POLITICAL OR ATHLETIC PURPOSES; AND
WHEREAS, THE CITY COUNCIL BELIEVES THAT A SMALL NOT FOR PROFIT THEATER PRESENTING THEATRICAL PERFORMANCES LIVE ON A STAGE, SUCH AS PLAYS, ACTS, DRAMAS OR HISTRIONICS, IS WITHIN THE STATE OF MARYLAND DEFINITION OF A CLUB; AND
WHEREAS, it is not economically viable for a THEATER club that is also a 501(c)(3) organization that presents performances in small theaters to pay the current fee pursuant to Section 7.12.330; and
WHEREAS, other Maryland jurisdictions have established a less costly alcoholic beverage license fee for small theater performances presented by a THEATER club that is also a 501(c)(3) organization; and
WHEREAS, the Mayor and City Council have authority to set fees for a one-day alcoholic beverage license as part of the budget; and
WHEREAS, the Mayor has introduced a companion Resolution 30-17 to amend the fee schedule to establish a fee for a Temporary Class C Alcoholic Beverage License to Theaters; and
WHEREAS, criteria must be established for eligibility for paying the new fee for a Temporary Class C Alcoholic Beverage License to Theaters.
SECTION I: BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the Code of the City of Annapolis shall be amended to read as follows:
TITLE 7 - BUSINESS LICENSES, TAXES AND REGULATIONS
Chapter 7.12 - ALCOHOLIC BEVERAGES
Section 7.12.330 - Temporary special class C license to clubs.
A. All clubs which do not hold a one-year alcoholic beverage license as set forth in this chapter shall not sell, raffle or award by lottery any alcoholic beverage except after application for and receipt of a special license, class C, for the sale or awarding of beer or beer, wine and liquor in conjunction with any bona fide entertainment conducted by any club at the place described in the license.
B. A special beer license, class C, or special beer, wine and liquor license, class C, entitles the licensee to exercise the privileges of a one-year class C license for a period not exceeding seven consecutive days, upon payment of a special beer license fee or of a special beer, wine and liquor license fee as established by resolution of the City Council.
C. License applications under this section are expressly exempt from the provisions of Section 7.12.190.
D. The license provided for by this section shall be applied for and be issued to three of the officers of the club, as individuals.
E. The City Clerk shall issue the special one-day license on behalf of the City in accordance with the established policy and laws. Any denial by the City Clerk of the issuance of the special license may be appealed to the Alcoholic Beverage Control Board at its next meeting, and a hearing date shall be scheduled after that meeting.
F. Temporary Class C Alcoholic Beverage License to Theaters CLUBS.
1. Pursuant to the authority of Section 6.16.050, a fee shall be established by resolution of the city council for a TEMPORARY CLASS C THEATER ALCOHOLIC BEVERAGE license issued under this paragraph. the fee shall be assessed to a club that is also a 501(c)(3) organization as a per day fee WITH A MAXIMUM TOTAL ANNUAL AMOUNT OF $100.00 for obtaining a One-day beer, wine and LIQUOR license for each day that the club PRESENTS THERE IS A presentATION OF a theatrical performance that complies with this section.
2. The One-day Theater ALCOHOLIC BEVERAGE License fee may only be charged if the THEATER club is also a 501(c)(3) organization THAT is presenting performances of plays, acts, dramas, or histrionics by live actors or actresses performing on a stage AND PROVIDES WRITTEN IRS DOCUMENTATION TO THAT EFFECT FROM TIME TO TIME AS MAY BE REQUESTED BY THE CITY.
3. The location where theEACH performance(S) shall be conducted must haveSHALL LIMIT seating forTO 200 or fewer individuals per performance.
4. Hours of sale. Sale of beer, wine, and liquor may only be consumed at the performance location from one and a half hours before to one and a half hours after either: (a) a regular performance; or (b) a fund-raiser performance that benefits the THEATER club that is also a 501(c)(3) organization; or (c) during the performance; or (d) during a cast party andOR reception before and after a performance, AND ANY EDUCATIONAL EVENT AFTER A PERFORMANCE.
5. TheAN eligible THEATER club that is also a 501(c)(3) organization MAY OBTAIN ONE DAY LICENSES FOR EACH DAY OF THEA PERFORMANCE FOR NO ADDITIONAL COST if IT HAS PAID THE MAXIMUM $100.00 ANNUAL AMOUNT.
6. This fee shall be set forth in the fees schedule and is subject to amendment.
SECTION II: AND BE IT FURTHER ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the City Council shall establish the license fee by resolution.
SECTION III: AND BE IT FURTHER ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that this ordinance shall take effect from October 9, 2017.
EXPLANATION
CAPITAL LETTERS indicate matter added to existing law.
Strikethrough indicates matter stricken from existing law.
Underlining indicates amendments.