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Home My WebLink AboutCC Ord 180 1933-06-15 . ,~ , . -, .,- --... '. - .-: ORIGINAL OFFiCiAL COpy NOT TO,9E TAKEN FROM T~E CITY Ct.ERK'S OFFICE ORDINANC E NO. 180 r < I An ORDHA-,:C -,; OF THE CIT"i OF SEAL B'~A.Cn, CALIFORJ\IA RZGULA':.'HG AND LIC,ENSING TB.:!: J.iAiruFACTU::..SR, SALE A'lD DISTRIBUTION OF CE..'t'rAIN i3EVERAGES IN SAID CITY PROVIDHm P31lALTIES FOR VIOLA'.IOI~ Ti-IK-L:::OF ArID RE- P~LING ALL ORDINANCES I:! CONFLIC~' ~:;::i'. ~VITH. The City Council of the City of Seal Beach, California do ordain as folloITs: Section 1. As used in this Ordinance: (a) "Beveragell means and includes any beer, lager beer, ale, porter, wine, similar fermented walt or vinous liquor, an~ fruit juice, or other fermented bevera~e containing not less than one-half of one per cent and not more than three and two-tenths p~r cent of alcohol by weight. (b) "Person" means and includes eV31'Y natural peZ:,$on, partnership, association, company, corporation, orsanization, or I manager, agent, servant, otticer or employee of any of them. (c) lI;,:anufacturer" means every person who, within the State of California, produces, brews, ferments or manufactures a beverage as herein defined, or who, in the case of a beverage produced, brewed, feI'laented or manufactured outside ot the State of California, is the first in possession thereot within the State after conpletion of the act of importabion. (d) "SelJII means and includes any sale, 6..1tchange, barter or other act wher0by the title to a beverage is transferred for a con- sideration, from a manufacturer, "on sale" lice,'lsae or "off sale" licensee as herein defined, to any other person and the Hords IIsell" or "sold" meon and include the act of making any such "sale". (0) liOn sale licensell means and includes a license to sell II beverages at retail for consumption only on the premises in respect to which the license is issued. (f) "Off sale license" means and includes a license to sell beverages at retail in original packages for consumption only off the premises in respect to which the license ls issued. (g) IIpackage" mean.:: and includes any conta iner or receptacle . '. ~ ' -1.. " -,. "' it:, ~ . , ; . !r'-".' --.....' ,. used I I I Ordinance Number for holding or containing beverages, which container or receptacle is corked or saled. (h) "Corked" and "sealed" shall mean and include closed with any, stub, stopper, or cap, ,whether made of cor!(, '1'1000, glass, metal o~ other material. (i) "Council" means the City Council of the CHy of Seal Beach, California. (j) "Premises" as used in subdivisio!1 (e) hereof shall, " when applied to drive-in eating places, include the stan~ fron which meals a~e served and the grounds imoediately surrounding such stands on and from which meals are served, in the usual and ordina~J course of such business. Section 2. It shall be unlawful for BUY person within the City of Seal Beach, California, to manufacture, distribute and make a sale or sales of beverages as defined in this Ordinance, without first having made an application to the Council for a license so to do, vhich license shall be issued only u)on payment of the license fee herelnafter provided. Section 3. Every applicant for the issuance of a licanse under this Ordinance shall first file with the Council an application, made upon a form to be prescribed therefor. Upon receipt of a application for a license and the license fee, the Councilor other City Officials authorized by saic, Council, shall thorougqly investigate and the Council shall deny the application if; (a) The applicant is not of good moral character; or (b) The premises in respect to which the license is to be issued do not comply TIith the provisions of this act; or, (c) The premises and equipment or the plans and specifications thereof in respect to which the license is to be issued are injurious to the public health and safety; or, (d) The applicant has had a license forfeited, suspended or revoked under the provisions of this act; or, (e) The applicant SUbsequent to the passage of this act and within one year prior to filinB his application, has been convicted of a violation of any law concerning the manufacture, transportation .' ' or sale of liquor or has been convicted of a felony under the laws of -2- " .' , " II~ , , . ...... . l..... . ..... - .~ Ordinance Number this state, the United states or any State of the United States; or, (f) The pr.emises wherein said license is proposed to be exercised or the proposed sale of beverages therein violates any I building, zoning, ~ealth, safety or police ordinance or any law of the United States or of this State. The Council may consider any objections or protests to the'is&uance of.~icenses and the board may grant or refuse to grant the license applied for if the applicant does .. not comply with the provisions of this act, and shall issue said license if the applicati~n complies with the provisions hereof. Section 4. Every license issued under teis act shall set I forth the name of the person to whom it is issued. If the license is issued under a fictitious name such license shall set for.-th in addition to said name, the name or names of each of the persons conducting the business under the fictitious name. The license shall also specify the location by street and number of the premises or other designation sufficient to identity it in respect to which the license is issued. I Each license shall be si6ned by the licensee, shall be nontransferable, shall be posted in a conspicuous place in the premises " in respect to which it was issued, and shall be exhibited to any representative of the Councilor any peace officer. Each license issued hereunder is separate and distinct and no person saall seek to exercise the privileges gro'1tod under any license other than the license he holds. A separate license shall be issued for each specific business and each location, and each license is applicable only to the premises in respect to which it is issued. ~he Council shall deter.nine what constitutes a single store, business, premises or establishment with respect to the issuance of a license hereunder. Section 5. Annual licenses hereunder shall be classified I and payable as follows: (l) Manufacturer. Every person who engages in business as, or becomes a marn1facturer, as herein defined, the sum of One Hundred ($lOO.OO) Dollars, per year, payable "':: +-1-00 ~~".. e:: :..v..u;,- f:....3 (:;:;;:;.00 !,gl2.:":":~ :'..:g:-:9:-';,r in advance. (2) !S<l"H'Y person making application for a "on sale License" -3- ;1Jf.:~'" F.'( Ordinance Number t .r , ' ::;,L, .'2:f'ine~ hereunder. shall pay a license In the Slm ot Fif'ty ($50.9Q) . \ ' .,. ',""" o.Jf- ~ ...... 1# ~ '.y .;r,........~.;e . (~.s:!:!.J Dollars, per annum, payable4st t 1l-e &-t 'f.;ef.v.e M~a 3el1'8if,1{rie~[;6) ,&).!"t",..~.-r- .or" - -" ~ . ~ 1"'1'- ( ]jlel18..:,,_ltllutl?;p]~lnadVance;_ ."'" ",..~.,. ~-7' - ~ (3) Every person making application tor a "otf' sale llcensell as detlned hereunder, shall pay a license in the sum of' Ten ($10.00) I dollars, per annum, payable 81; 1;5.e 181;e ef !Pl';a alia as/lee (09.89) :Bvll.....6, ~41bv...1J In advance. (4) Every person making application tor a transter and trucking llcense hereunder for the purpose ot transtering, dlstributing, or conveying to any person llcensed hereunder beverages as deflned herein, and there shall be no transter or conveyance except to a person licensed hereunder and each such truck shall dlsplay a metal tag or certitlcate showing the possesslon of' a license under thls classltlcation, shall pay a license ln the sum ot Forty ($40.00) Dollars, p;r year payable~.-'-) ~4d- .......... ,,'-t!I"'_'''1'I~- f01A ~) Dollars. ~~r~aFly in advance. I Section 6. liOn salell license shall b e granted only to bona tlde restaurants, public eatlng places. clubs, boarding house and/or hotels. liOn sale II Llcensees may serve beverages as hereln def'lned, to bona tlde guests and patrons only, to be consumed only with meals furnished in good f81th at regular pUblic tables. or at eatlng counters at which sald guests and patrons are seated, or ln the case ot clubs and/or hotels may be served in guests' rooms. In the case ot drive-in eating p~aces. such beverages may be served with meals within the premlses as sald term a,s def'ined by subdivision (j) ot sectlon (1) hereof. 1I0tf' salell licensees may sell beverages. as herein detlned, in original packages tor consumption oft of' the premises only. It shall constltute a mlsdemeanor, puniShable in the manner herelnafter provided, to seUve or make sales ot beverages In violation of' the manner herein prescrlbed and such violatlon shall constitute grounds f'or suspenslon or revocation of permit by the Council upon notice and hearlng. Section 7. Any person vlolatlng any of the provislons of' thls Ordinance or selling beverages Vllthout obtalning the ~lts and licenses tor the sale thereof' as required herein, or tailing to p~ the llcenses tees provided f'or herein, shall be deemed guilt~ot a mls- demeanor and upon convictlon thereof shall be punishable by a tine ot I . . -4- r ,~.~"_: ,..:;;, , . ' :,- ::":.".. . not more than Three Hundred (~300.00) Dollars, or by imprisonment ln the Ordinance Number I County jail for a period not exceedlng three (3) months, or by both such flne and lmprisonment. Section 8. If any sectlon, sub-section. sentence. clause or phrase ot this ordlnance shall for any reason be held to be lnvalid or unoonstltutional, such declslon shall not affect the validlty of the remalnlng provls10ns ot thls Ordlnance. The sald City Councll ot the Clty of Seal Beach hereby declares that the Ordinance shall be deemed to bean exercise ot the pollce power of the Clty of Seal Beach for the protectlon of public health, peace, satety and morals,ot the people ot sald City of Seal Beach. and all of its provislons shall be llberally construed tor the accompllshment ot these purposes, and sald Council would have passed this ordlnance and each sect lon, sub-section, sentence, clause and phrase ., I thereot irrespectlve of the tact sny one or more of such sectlons, sub- sectlons, sentences, clauses or phrase mlght be declared invalld or unconstltutlonal. Section 9. Ordlnance No. 176 of the Clty a: Seal Beach, calitornla, entltled "An Ordinance of the City of Seal Beach, Callfornla, prohlbltlng and regulatlng the sale, gltt. storage, manufacture, trans- portation. unlawful possesslon. importation or exportatlon of intoxlcating liquors and beer and wlnes tor beverage purposes; provlding penalties for the violation thereof and the repeal of all ordinances or parts of ordinances ln confllct herewith" and all other Ordlnances or parts ot Ordlnances In confllct wlth this Ordlnance are hereby repealed. Section 10. The City Clerk shall certlty to the passage of this Ordlnance by the City Council of the City of Seal Beach, md cause the same to be publlshed once In the Seal Beach Post and Wave. a newspaper of general clrculatlon Irinted. published and circulated I in said Clty, and to be posted ln three public places in sald Clty, to-wlt: The Clty Hall Bulldlng, the United States Post Oftice, and APPROVED: This and thereupon It shall take etfeot. /~!/ day ot June, 1933. M8YO~BeaCh' Calitornia. the Californla State Bank, ATTESi': J)/tj.. /J./J~A;'J.. Clty Clerk of the Clty ot Seal Beach, CAlitornia ... -, . " : : . .. . ... ...: oJ Ordinance Number . ' I I, Ollie B. Padrick, City Clerk of the City of Seal Beach, and Ex-officio Clerk of the City Council of said City, do hereby certify th8~ the whole number of members of the City Council of the City of Seal 3each, California, is five; That the foregoing Ordinance was duly approved by the City Council of said City at a regular meeting held on the I~-~ day of June, 1933, and that said Ordinance Noes, passed by the following vote, to-wit: councilmen:-1f;;~~1 Ji,'U'~ ~ J.L.~_, , I J~ Councilmen: ~. was duly Ayes, Absent, Councilmen: UJn;.JlIAJ City Clerk ~ k5:~~ o t e ~lty 0 ea Bea h, california. I '. I