HomeMy WebLinkAboutCC Ord 142 1928-03-01
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ORDINANCE NO, /y~
A)j ORDINANCE, OF THE CITY: OF SEAL BEACH, CALIroRi~IA, PROHIBITING
THE SALE, GIFT, STORAGE, MANUFAC'l'URBi TRANSPORTATION, Ul.LAWFUL
POSSESSION, IMPORTATION OR EKPORTATION OF INTOXICATING LIQUORS
'FOR BEVERAGE PURPOSES; REGULATING ALL OTHER TRA,FIC IN SUCH
LIQUORS; MID PROVIDING PENALTIES FOR VIOLATION HEREOF.
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The City or Town Council of the City of Seal Beach,
California, do ordain as follows:
Section 1.
When used in thi-s ordinance (1) the
word "liquor'! or the phrase "intoxicating liquor" shall be con-
strued to include alcohol, brandy, whisky, ru~, gin, beer, ale,
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porter and wine, and in addition thereto, any spirituous, vinou~f
malt, or fermented liquor, liquids and compounds, whether medi-
cated, proprietary, patented or not, Bnd by whatever name called,
containing one-third of one per centum (1%) or ~ore of alcohol
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by volume which are fit for use for beverage purposes.
p:rovided
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that the foregoing definition shall not extend to dealcoholized
wine nor to any beverage or liquid produced by the process by
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which beer, ale, porter or wine is produced, if it contains less
'than one-third of one per centum (1%) of alcohol by volume, and '
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is made as prescribed by laws enacted by Congress, and is otherwise
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denominated than as beer, ale, or porter, and is contained and
sold in, or fram such sealed and labeled bottles, casks, or con-
tainers as the United States Commissioner of inland Revenue may by'
re~l.tion prescribe.
The word "person" shall mean an,d, in-
clude natural persons, firms, associations, clubs, co-partnersh1ps.,
corporations and all associations or combinations of persons,
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.~hether act1ng by tftemselves or by 8 servant, agent or employee.
Sec. 2.
It shall be unlawful for any perse>>.
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within the City of ~eB~ Beach, to manufacture, hav~, keep, storei
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sell, barter, transport, import, export, deliver, f~rnish, possess
or have in his possession any intoxicating liquor except as
authorized in this, ordinance; a nd all the provisions of this
ordinsnce shall be liberally constrUed to the end that the ': use, of
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, - \ intoxicating liquor as a beverage lIay be prevented.
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Sec. ;,.
The following articles shall not, af~er having-
been Ip8nufactured and prepared for the msrket, be subject to the
provisions or this ordinance, if they c01'1'espond with the follow-
ing descriptions and limitations, namely:
(a) Denaturated alcohol 01' denaturated rum produced and
used as provided by laws and regulations now or hereafter in force.
(b) Medicinal wines and liquors and preparations manutac-
tured in accordance with formulas prescribed by the United States
Pharmacopeia, National Formulary, or the American Institute of
Homeopathy that are not for use tor beverage purposes and sold in
aocordance with the prOVisions and regulations of the National
Prohibition Act.
(c) fatented, patent, and proprietary medicines that are
unfit for use for beverage puxposes.
(d) Toilet,' medicinsl, and sntiseptic preparations and
solutions that are untit for beverage purposes.
(e) Flavoring extracts and syrups that are unfit for use
as a beverage, or for intoxicating beverasa purposes.
(f) Vinegar and preserved sweet cider.
Any person who manufactures any ot the articles mentioned
in this section within the City or Seal ~each, may purchese and
possess liquor tor that purpose, provided permits be secured trom
the United States internal Revenue Department to manufacture such
articles and to purchase such liquor, as provided by the laws enac-
ted by Congress enforced under the direction of the United states
Internal Reveme Department.
No more alcohol shall be used in
the manufacture of any extract syrup, or the articles named in
paragraphs b, c and d of this section which may be used for
beverasa purposes than the quantity necessary for extraction or
solution of the elements co~tained therein for the preservation
ot the arUcle.
Sec. 4.
Any person who shall, within the City of
Seal Beach, knowingly sell any of the articles mentioned in para-
graphs a, b, c and d of Seotion 3 hereor, ror beverage purposes
or any extract or syrup for intoxicating beverage purposes, 01'
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who, shall sell any of the same under circumstances for which
the seller might reasonably deduce the intention of the pur-
chaser to use them for such purposes, or shall sell any
beverage containing one-third or one per centum (1%) or more
of alcohol by volume in which any extract, syrup or other
article is used as an ingredient, shall be subject to the
penalties in this ordinance provided.
Sec. 5. It shall be Ulllawful for a rry pers on, directly
or indirectly, alone, associated or combined with others, as
principal, agent, employee or otherwise, to open, establish,
keep, maintain or carryon or aid, abet or assist in openir\g
establishing, keeping, maintaining or carrying on, any club
or club room, or any place used in connection with ar~ such
club or club room, where intoxicating liquors are received or
kept for use, gift, sale or barter, or for distribution
or division among the members,guests or visitors or any such
club or club room, or among any other persons in the City of
Seal Beach.
Sec. 6. It shall be unlawful for any person, as
owner, principal, agent, employee or otherwise, to have in his
or her nossession, any intoxicating liquor in violation of any
of the provisions of this ordinance, and the bottles and other
vessels containing the same ar,e hereby declared nuisances, and
in abatement thereor the police shall seize all such liquor,
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bottles, barrels and other vessels, and upon conviction of
such person for unlawfuru having the same in his or her possess-
ion, destroy such liquor, bottles, barrels or other vessels;
Sec. 7. It shall be unlawful for any person, e~thaP. as
owner, principal, agent, employee, or otherwise, to serve
alcoholic or intoxicating liquor in any_public dining room,
or any hotel, apartment house, rooming house, lodging hoUse
cafe, restuarant or cafeteria, in violation of the provisions
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of this ordinance.
Sec. 8.
It shall be unlawful for any person to
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drink intoxicating or alcoholic liquor in any public dining
room, cafe, restuarant, or cafeteria, or il. any public buil-
ding, yard, park, street, alley, court, lane or place, in the
city of Seal Beach.
Sec. 9.
It shall be unlowful for any person
to in allY !:lamIeI' encourage, aid, abet or assist in the viola-
tion of any of the provisions of this ordinance in the city
of Seal Beach.
Sec. 10.
It shall be uulawful to give to any
carrier or any officer, agent, or person acting or assuming
to act ror suchcarrier an order reqUiring the deliv~ry to
any person of any such liquor or package contaIning liquor
consigned to, or purporting or claimed to be consigned to a
person, when tho purpose of the order is to enable any person not
an actual bona fide consignee to obtain ouch liquor.
Sec. 11.
It shaH be unlawful for any peI'son
to advertise in said City, any intoxicating liquor by means
of any sigh or billboard, or by circular, poster, price list,
newspaper, periodical or otherwise, or to advertise the manu-
facture, sale, keeping for sale, or furnishing of such liquors,
or the person fI'om whom, or the place where, or the price at
which, or the method by which any such liquor may be obtained;
and this section shall not apuly to roreign newspapers mailed
into the United States.
Sec. 12.
It shall be unlawful to advertise, manu-
racture, sell, or possess for sale any utensil, contrivance,
machine, preparatiml, cpmpound, tablet, substmce, formula,
direction or recipe advertised, designed or intended for use in
the unlawful manufacture of intoxicating liquor.
Sec. 13.
It shall be unlawful to permit any sign
or billboard painted, ~rected or otherwise constructed, con-
taining any advertisement, rendered unlawful by Section 11 or
this Ordinallce, to remain upon one's premisp.s, o~ circulate
or distribute any circulars, price list or other advertisement
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rendered unlawful by this ordinance.
Sec. l4. It shall be unlawful for al~ person to
solicit or receive, or knowingly permit his employee to solicit
or receive, r:'om any per3on, any order for liquor, or give any
information of how liquor may be obtained in violation or this
ol'dinance.
Sec. 15. Any rooming house, building, boat, vehicle,
structure or place where intoxicatll'g liquor is manufactured,
sold, kept or bartered, in violntion of this ordinance, and all
intoxicating liquor and property kept and used in maint!lining
the same, is hereby declared to be a common nuisance, aI~ any
person who maintains such a comn:on nuisance shall be guilty of
a misdemeanor.
Sec. 16. Every pharmacist, registered under the
laws of the State of California, and having or being connected
\iith an established drug business in the city of Seal Beach,
may sell alcohol for mechanical or scientific uses; provided,
however, that every pharmaci3t who Bells, gives away or delivers
alcohol for such uses, without making or causing to be made, in a
well bound book kept exclusively for that purpose, an entry
showing the amount of such sale, gift or delivery, the name und
address of the person obta ining the same, the s tatel!lent of such
person of the use of such sale, girt or daivery, the nam~~and
address of the person obta:ll1ing the same, the stlilte!!lent of Sl ch
person of the use for which such alcohol is required, the quantity
thereof dispeLs ed, the name of the dispenser, ~~d the signature
of the person obtaining the same affixed to such entry, or who
fails to keep such entry books always, during bu&ness hours
open to iI,spection be' t.he police and by any person delegated
thereto by the legislative body, or who fails to preserve eve~J
such entry, for ..t least five years arter the making of the same,
in the city of Seal Beach, is guilty of a misdeMeanor.
Sec. 17. EY"l'~' p3:::'son who, as owner, principal,
agent, e~ployee or otherwise, let.s or leases any building, room
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tenement or place, to be llsp.d in violation of this ordillar-ce
in the City of Seal Besch, or who, being the owner thereof,
or having the control thereof, permits any bUilding, tene!llent,
or place to be used in violation of any of the provisions or
this ordinance, in the city of Seal Beach, is guilty or a mis-
d~meanor, and upon the second conviction thereof the building
ahall be locked for one year unless he shall furnish sufficient
bond to incnre its not being again used for that purpose.
Sec. 18. Every act in violation of allY of the provis-
ions of this article, shall separately and for each day of its
continuance, be deemed a separate offeuse; and every person
com~itting any act in violation of any of the provisions of this
article shall, separately and for each day of its continuance,
be deemed to hav e com!~i tted a s!'para te offense.
Sec. 19. It shall be thc duty or all police officers
of the city of Seal Beach, and their deputies, and all other
ofi'iciels cl-targed with the el.foroement of law, to enforce
the prOVisions of this ordinance.
Sec. 20. Any person who shall violate auv of the
provisions of this ordinanoe is guilty of a misdemeanor, and
upon conviction thereof shail be punished by a fine of not
more than three hundred dollars, or by imprisonment in the
County Jail or Orar~~ County, California, for not core th~
~e months, or both. Penalties provided in this ordinance
against the manufacture of liquors without a permit shall not an-
ply to a person for mallUfacturing non-into:r.icating cider and
fruit juices exclusively for use in his home, bnt such cidor and
fruit juices sha 11 not be sold or delivered except to pet'sons
having permits to rnanuracture vinegar.
Sec. 21. If any section, subsection, sentence, clause
or phrase of this ordinance is for any reason held to be invalid
or unconstitutional, such decision shall not effeot the validity
or the remaining provisions of this ordinance. The said
Council of the city of Seal Beach ;ler~by declares that this
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ordinance shall be deemed to be an exercise of the power
granted by the 18th Amendment to the Constitution ot the United
Statel, and of the police power of the city o~ Seal Beach
for the protection of public health, peace, safety and morals
of the people of said city of Seal ~eacb;
and, all of its
provisions shall be liberally construed for the accomplish-
ment of these purposes; and the said Council would have passed
this ordinance and each section, SUbsection, sentence, clause
and phrase thereof, irrespective of the fact that anyone or
more of such sections, subsections, sentences, clauses or
phrases might be declared invalid or uncbnstitutional.
Seo. 22. Ordinance No. 98, and all ordinances or
parts of ordinances that are inconsistent with this ordinance
are hereby repealed.
Sec. 23. The City Clerk shall certif1 to the passage
ot this ordinance by the city council of the city ot Seal '
Beach and cause the same to be posted in three conspicuous
places in said city, to wit: City Hell Building, United States
Post Office and California State Bank, in the City of Seal
Beach, and it shall take etfect thirty days after its tinal
passage.
I hereby certif1 that the foregoing ordinance was
the city ot Seal Beach
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adopted by the city or toWn council of
at its meeting ot ~~ /0.
ing vote.
Ayes: Councilmen: _LcJ'.-r ~~" J ~
Noes: Councilmen: ~) .
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