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HomeMy WebLinkAboutCC Ord 176 1933-06-03 .,. I I I --- ORDINANCE NO. 176. AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, PROHIBIT- ING AND REGULATING THE SALE, GIFT, STORAGE, MANUFACTURE, TRANS- PORTATION, UNLA\iFUL POSSESSION, IMPORTATION OR EXPORTATION OF INTOXICATING LIQUORS AND BEER AND 'NINES FOR BEVERAGE PURPOSES; PROVIDING PENALTIES FOR THE VIOLATION THEREOF AND THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERBHTH The Clty Council of the Clty ot Seal Beach, Callf- ornla, do ordaln as follows: Sec. 1. \/hen used ln this ordinance the word, or phrase, "lntoxicating 11quorll shall be construed to in- clude alcohol, brandy, whlsky, rum, gln, beer, ale, pmrter and wlne and, In additlon thereto, any spirltuous, vlnous, malt or fermented llquor, liqulds and compounds, whether medlcated, proprietary, patented or not, and by whatever name called, con- talnlng more than one-halt ot one per centum (1/2 of l~) of-al- cohol by volume, except and provided, however, such beer and tUJ wlnesAare herelnatter detlned as 'lnon-lntoxlcatlng llquor." The words "beer" or "wines," or the phrase "non-lntoxicatlng llquor," shall lnclude any such beer or wlnes which contaln not more than three and two-tenths per centum l3.2%) ot alcohol by volume whlch are flt for use for beverage purposes. The word "person" shall mean and include natural persons, firms, associatlons, clubs, co-partnershlps, corpora- tions and all associatlons or combinations of persons, whether actlng by themselves or by a servant, agent or employee. The phrase "annual license tax" shall mean and lnclude the tax for a license, which shall expire with the first day of July next followlng its lssuance; and the person applying tor such li- cense shall pay therefor one-fawth thereof tor the then current quarter of the calendar year and one-fourth thereot tor each followlng quarter. Sec. 2. It shall be unlawful tor any person wlth- ln the Clty ot Seal Beach to manutacture, have, keep, store, sell, barter, transport, import, export, deliver, furnlsh, possess, or have in his possesslon, any lntoxicating liquor as 1. Ordinance Number , defined ln thls ordinance, and all provisions of thls ordinance shall be liberally construed to the end that the use of intox- lcatlng llquor as a beverage may be prohlbi ted. It shall be unlawful for any person within the I o i ty of Seal Beach to manutacture, have, keep, store, aell, barter, transport, import, export, deliver, furnlsh, possess, I or have in his possesslon any non-lntoxicating liquor as defined ln thls ordinance, except and unless an appllcatlon for a permit so to do has tlrst been made to the City Counoll and a llcense lssued therefor as heraln provided. Sec. 3. Every appllcant tor the sale of non-lntox- icsting llquor as defined in this ordinance shall first flle wlth the Clty Councll an application for a permlt and license, stat- ing his length of residence in said city, which shall be not .. 'aL ..... ~~~ less than_~~-;^A~,-occupation, the fact that there has been Il\ no prlor convi~tion ot a felony and the location of the place ot business for which a license ls deslred under the terms of thls ordinance, whlch applicatlon for permit shall be accompanled by a fee of Ten (~lO.OO) DOllars, which the city shall retain; and lt, after investigation of such application, the Clty Coun- cll are of the oplnlon that such applicant be not qualitled and wlll not operate a proper place ot buslness under the provlsions of this ordinance, said Clty Council reserves the rlght to re- ject and may refuse the issuance of a license hereunder, and the decision of the Council shall be tlnal. Sec. 4. The annual license tax tor the sale ot I non-intoxicating liquors shall be classitled as tollows: ~-4~.*~ (1) Class "A" license for the purpose 0" -11 :I1'l:[ on the premlses, which shall be limited to restaurants, hotels and cafes engaged ln a bona tide restaurant or cafe buslnesB, includlng the serving of me~ and the ~... 4':>0.-) llcense tax therefor shall be ~ Hundred ..Ron "riA) D01~~$~A~e~ the rate of ~J\ I' "'u" and ~y, ) Dollars 9uarterly in advance. 2. I I I . Ordinance Number (2) Class "B" license for the purpose ot selllng ln sealed containers only, whlch shall not be consumed upon the premlses and whlch ahall be llmlted to wholesale or retall bus~~sses. The license tax there tor shall be ~ ?r./~ ~'lHundred la- ~ Dpllar~r year, payable at the rate ot ~~~T:~~~.: "liI ~~70} Dollars quarterly ln advance. (3) Class "C", transfer and truckln2; license for any person who transfers, distributes or conveys to any person llcensed hereunder such non-lntoxicating liquors, and there shall be no transfer or conveyance except to a person lloensed hereunder, and each such truck shall dlsplay a metal tag or certificate showing the posaes- slon of a llcense under this classlflcatlon and p8y a --. llcense tax ot Forty (~40.00} Dollars per year, pay- able Ten (,10.00) Dollars quarteI'ly ln advance. Sec. 5. It shall be unl~wful for any person to sell or dellver or distrlDute non-lntoxlcating llquors as de- flned hereln except between the hours of eight A. M. and one A. M., or one hour after mldnight, and/or to any person under the age of twenty-one years, and/or to any person under the In- fluence of intoxicatlng liquor; and provided further, that no license lssued hereunder shall be transferred, asslgned or sub- let. And tor a vlolatlon thereof, or ot any of the provislons hereln contained, the Clty Councll reserves the right, wlth- out notice, to revoke and cancel any lioense lssued hereunder in addition to any flne or penalty that may be attached for such vlolation. Sec. 6. It shall be unlawful for any person to have in hls possession, to serve and/or drlnk or sell alcohollc or lntoxlcatlng llquors as deflned herein In any publlc dlnlng room or any hotel, apartment house, roomlng house, 10~lng house. cate, restaurant, or cafeteria, publlc bulldlng, yard park, street, alley~ court, lane or place ln the Clty of Seal 3. ' I I I . Ordinance Number Beach. Sec. 7. After investigation and approval of the applicant by the Clty Councll the City Clerk shall lssue a OA.J license hereunder, counterslgned by the City ~arshal~in case ot other llcenses, and it shall be the duty of all police ... otticers ot the City ot Seal Beach and their deputles and all other off1clals charged wlth the entorcement of the law to enforce the provlslons of thls ordinance. Sec. 8. Any person violatlng, or taillng to comply wlth, any ot the provisions of this ordlnance shall be deemed gullty of a miademeanor, and upon convlction there- ot shall be punlshed by a fine of not more than Three Hundred l~300.00) Dollars or by lmprisoa~ent ln the county jall for a perlod ot not more than three months, or by both such tlne and 1mprlsonment. Sec. 9. If a.ny sectlon, sub- section, sentence, clause or phrase of this ordlnance shall tor any reason be held to be lnvalid or unconstitutlonal, such declslon shall not attect the valldity ot the remalnlng provislons of thls ordlnance. The said City Council ot the Clty of Seal Beach hereby declares that the ordlnance shall be deemed to be an exercise of the pollce power of the Clty of Seal Beach for the protection of publlc health, peace, safety and morals of the people ot sald Clty of Seal Beach, and all of lts provl- sions shall be liberally construed for the accomplishment of these purposes, and said Councll would have passed this ordlnance and each section, aub-section, sentence, clause and phrase thereof irrespective ot the fact anyone or more of such sectlons, sub-sections, sentences, clauses or phrases mlght be declared invalld or unconstltutlonal. Sec. 10. Ordlnance No. 142 of the Clty ot Seal Beach, Californla, entltled hAn Ordlnance of the City of Seal Beach, Callfornla, Prohlbltlng the Sale, Gift, Storage, Manufacture, Transportation, Unlawful Possess lon, Importation 4. Ordinance Number ~ I or Exportatlon of Intoxlcating Llquors for Beverage Purposes; Regulating all Other Traffic ln Such Llquors, and Provlding Pensltles for Violatlon hereot," and all other ordinances, or parts of ordlnsnces, that are ln conflict with this 01'- dlnance are hereby repealed. Sec. 11. This ordlnance ls an emergency measure and is urgently required tor the lmmedlate preservatlon ot the publlc peace, health, safety and morals, and by reason of the tollowlng facts and conditlons; to wit: the Congress of the Unl~ed States of America has recently enacted certaln I legislation whereln certain beer and wines have been declared non-intoxicatlng, removing the prohibitlon of the sale, pos- aesslon and transportation thereof from the provisions ot the Elghteenth Amendment, end certain court decisions have, by reason of such leglslatlon, both state and nstlonsl, declared the ordlnances of the Clty ot Seal Beach and other munlcipal- ltles In~ld by reason ot the aforesaid legislatlon, resulting in a lack of regulation and control of the sale or such beers and wlnes ln the Clty of Seal Beach which would and should be lnjurlous and dangerous to the peace, health, safety and morals of sald city until necessary regulatlons are made effectlve ln accordance wlth the provlsions hereof. Sec. 12. The Clty Clerk shall certlty to the separate vote on the urgency of thls ordinance, and to the pas~ sage and adoptlon thereof by the vote of four-tltths of the mem- bers of the City Council of the City of Seal Beach, and cause the same to be publlshed once ln the Seal Beach Post and Uave, a newspaper of general circulation, printed and published ln the City of Seal Beach, and to be po mad ln three conspicuous I publlc places ln sald clty, and lt shall ther~n take effectct2.~ Y.~~~J%~~~)~1:"~;;iA:~ ~iJ;~~'3 a. ~~d ~ J . ~ ~ ?:4- r..:1 Noes Councilmen: f.jl4:lId) ~llU.:.f: / ?;J,J- , ~ · Absent Councllmen: Attest /J~/.... ~~_./... ;'4 Approved ~y~ 5.