ORDINANCE OF THE CITY OF NEWTON, MISSISSIPPI ESTABLISHING REGULATIONS FOR THE DESIGNATION AND LOCATION OF QUALIFIED RESORT AREAS WITHIN THE MUNICIPAL BOUNDARY AND JURISDICTION OF THE CITY OF NEWTON, MISSISSIPPI AND REPEALING ALL CONFLICTING PROVISIONS OF THE ZONING ORDINANCE OF THE
CITY OF NEWTON.
WHEREAS, the City of Newton (the "City") was designated a qualified resort area pursuant to 2022 Senate Bill 2063.
WHEREAS, the City shall conduct a special election to determine whether the sale of alcoholic beverages not otherwise previously sold within the City may be sold in restaurants and hotels located within the City.
WHEREAS, the City desires to adopt a new ordinance providing for the regulation and control of sales of alcohol not otherwise previously sold within the Municipal Boundaries of the City.
NOW, THEREFORE, BE IT ORDAINED by the Board of Aldermen of the City of Newton, Mississippi as follows:
SECTION 1. The purpose of this Ordinance is to establish rules regulating qualified resort areas within the City with the objective of protecting and promoting public safety and welfare, and to mitigate adverse impacts on the community while promoting economic development.
SECTION 2. The following definitions shall apply herein:
A. 60% Food Rule - the requirement that no business location shall qualify as a Restaurant under this Ordinance unless sixty percent ( 60%) or more of the revenue derived from such business location shall be from the preparation, cooking and serving of meals and not from the sale of beverages, or unless the value of food given to and consumed by customers is equal to sixty percent ( 60%) or more of total revenue.
B. Alcoholic Beverage-any alcoholic liquid, including wines, of more than five percent (5%) of alcohol weight, capable of being consumed as a beverage by a human being which shall not include light wine and beer as defined in Section 67-3-3, Mississippi Code of 1972, but shall include native wines. The words "Alcoholic Beverage" shall not include ethyl alcohol manufactured or distilled solely for fuel purposes or any beer of an alcoholic content of more than eight percent (8%) by weight if the beer is legally manufactured in this state for sale in another state.
C. City Qualified Resort Areas - Hotels or Restaurants within the City which have received a special use permit to allow for the sale of Alcoholic Beverages in accordance with the guidelines detailed in this Ordinance.
D. Event Venue - a venue that can accommodate 500 persons or more, as determined by the Newton Fire Department that is used for the purpose of renting or reserving space for hosting special events such as, but not limited to, weddings, conferences, hospitality events, meetings, rehearsal dinners and political events.
E. Hotel-an establishment which, in consideration of payment, food and lodging is habitually furnished to travelers and wherein are located at least twenty (20) adequately furnished and completely separate sleeping rooms with adequate facilities that persons usually apply for and receive as overnight accommodations.
F. Restaurant - a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation, which has suitable seating facilities for guests, and which has suitable kitchen facilities connected therewith for cooking an assortment of foods and meals commonly ordered at various hours of the day. No place shall qualify as a Restaurant under this Ordinance unless sixty percent ( 60%) or more of the revenue derived from such place shall be from the preparation, cooking and serving of meals and not from the sale of beverages or unless the value of food given to and consumed by customers is equal to sixty percent ( 60%) or more of total revenue.
SECTION 3. City Qualified Resort Areas may be located in the City only be the issuance of a special use permit pursuant to the provisions of this Ordinance. Said special use permits shall be issued by the City Clerk upon proper application being made therefore. The fee for an application for a special use permit pursuant to this Ordinance shall be $300.00 per application.
SECTION 4. Qualified Resort Standards
A. The sale of Alcoholic Beverages in City Qualified Resort Areas shall be limited to on-premises consumption in Event Venues, Restaurants and Hotels, subject to the restrictions detailed in this Ordinance.
B. Restaurants shall be permitted to sell, dispense, or give away Alcoholic Beverages between the hours of 7:00 a.m. and 12:00 midnight Monday through Sunday except that on New Year's Eve, Alcoholic Beverages may be served until 1:00 a.m. on January 1st• No Restaurant may serve or allow Alcoholic Beverages outside an enclosed structure or outside of a fenced in patio area, which contains seating, adjoining the Restaurant.
C. Notwithstanding any of the provisions of this Ordinance, it shall not be unlawful for Hotels which do not have Restaurants to sell, give or furnish Alcoholic Beverages to guests of the Hotel. The serving of Alcoholic Beverages by Hotels to Hotel guests shall be permitted between the hours of 4:00 p.m. and 8:00 p.m., Monday through Sunday and the Hotel shall provide complimentary hors d' oeuvres in conjunction with the service of Alcoholic Beverages. Alcoholic Beverages shall not be served except to guests of the Hotel.
D. Hotels shall also be permitted to sell, furnish or allow Alcoholic Beverages in a meeting room or ballroom rented or reserved for the purposes of a special event, including but not limited to weddings, hospitality rooms for conferences, rehearsal dinners and political functions, provided that the special event is a catered event serving food. Hotels shall only be allowed to serve guests of the special event, and the serving of Alcoholic Beverages to guests of a special event shall be permitted between the hours of 7:00 a.m. and 12:00 midnight Monday through Sunday. Except that on New Year's Eve Alcoholic Beverages may be served during special events until I :00 a.m. January I st.
E. Event Venues shall be permitted to purchase and resell Alcoholic Beverages for consumption on the premises during events held on the premises if food is being served at the event. The serving of Alcoholic Beverages shall be permitted between the hours of 7:00 a.m. and 12:00 midnight, Monday through Sunday except that on New Year's Eve, Alcoholic Beverages may be served until I :00 a.m. January I st.
F. It shall be unlawful for any person within the corporate limits of Newton, Mississippi:
1. To sell, dispense or give away Alcoholic Beverages without obtaining a special use permit from the City.
11. To sell, dispense or give away Alcoholic Beverages in any type of business establishment other than a Restaurant, Event Venue or Hotel.
III. For Restaurants to sell, dispense or give away Alcoholic Beverages to anyone before 7:00 a.m. or after 12:00 midnight, Monday through Sunday except that on New Year's Eve, Alcoholic Beverages may be served until 1:00 a.m. January !st.
IV. For Hotels to sell, dispense or give away to Hotel guests before 4:00 p.m. or after 8:00 p.m. Monday through Sunday. Except that on New Year's Eve, Alcoholic Beverages may be served during special events until I :00 a.m. January I st.
V. To sell, dispense or give away Alcoholic Beverages at any Restaurant which does not meet the 60% Food Rule.
VI. To sell, dispense or give away any Alcoholic Beverages to any person visibly or noticeably intoxicated or to any person under the age of 21 years.
VII. To serve Alcoholic Beverages from the place of business to a Person or Persons in an automobile or automobiles in the form of curb service.
G. No signs advertising the sale of any Alcoholic Beverages, including signs located outside a building or any type of sign located within a building which is visible from the outside are permitted.
SECTION 5. All City Qualified Resort Areas must also be permitted by the State Tax Commission or must be in the process of being permitted by the State Tax Commission in order to receive a special use permit.
SECTION 6. Any violation of this Ordinance shall be declared grounds for the discontinuation of the special use permit. Additionally, any person who shall knowingly and willfully violate the terms, conditions or provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be sentenced to pay a fine not to exceed One Hundred Dollars ($100.00) and in case of continuing violations without violations without reasonable effort on the part of the defendant to correct same, each day the violation continues thereafter shall be a separate offense.
SO ORDERED this the 21st day of June, 2022.
Antonio Hoye
MAYOR
ATTEST: Charlene Evans
CITY CLERK
Publish Dates: September 14 & September 21, 2022
