HomeMy WebLinkAboutCC Ord 46 1918-03-17
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Ordinance No. 46.
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An Ordinance regulating the dhtribution of
alcoholic liquozs in the City of Seal Beach, and
regulating places where such liquors are sold or
otherwise.
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7 The Board of Trustees of the oity of Seal Beach do
8 orda.in as follows:
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Sec. 1-
It shall be unlawful for any person, oorporation,
10 partnership, or firm, to sell, serve or take orders for, or
11 otherwise dispense or dispose of, or to carryon the business
~ of wholesale liquor establishment, selling, serving or taking
13 orders for, or otherwise dispsnaing or disposing of , any al-
14 ooholio liquors, directly or indireotly, within ~he said City
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of Seal Beaoh, County of Orange, State of California, without
first having procured a lioense therefor, as. provided by th~
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17 Ordinanoe, exoltpt as herein expressly provided.
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Seo. 2-
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The term .alcoholio liquors., as used in tnis Ordin-
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anoe, shall include spiritous, vinous, or malt liquors, and
any other liquors or mixtures of liquors, which contain one per
cent. by volume, or more, of alcohol, and whioh is not so mixed
with other drugs as to prevent its use as a beverage.
A wnolesale liquor establishment is defined to be a
place where spirituous, vinous, .... or mixed i~toxioating liquo s
are sold, served, given away or distributed from, in quantities
not less than one-fifth of a gallon, and malt liquors in quan-
tities not less than one gallon, contained in sealed or oorked
packages, and not to 'os consumed upon the premises where so sold
served, given away, or distributed from.
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Ordinance NUmber
1 Sec. 3-
It shall be unlawful for any person, firm or oorpora-
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2 tion oonducting or having charge of the ousiness of a wholesale
3 liquor establishment, or any employee thereof, to sell, serve
4 or give away, or to cause or p~rmit to os sold, served, or given
5 away, on the premises of such wholesale liquor establishment,
6 any epirituous, vinous, malt or mixed intoxicating liquors exoept
7 in sealed or corked packages.
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Sec. 4-
It shall be unlawful for any person, firm or oorpora-
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tion owning, in charge of, or employed in a wholesale liquor
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estaolishment, to sell,serve, or give away, or oause or permit
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to oe sold, served or given away, therein, any liquor to os
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drunk or consumed upon the premises; and it shall bs unlawful
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14 for any person, firm or oorporation owning, in charge of, or
15 employed in a wholesale liquor establisbment to oause, permit
16 or allow any liquor to be drunk or oonsumed upon the premises
thereof.
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18 Sec. 5-
It shall be unlawful for any per.on, firm or oorpor-
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19 ation, owning, conducting, in obarge of, or employed in any
20 wholesale liquor establishment to erect or maintain, or cause
21 or permit to oe ereoted or maintained, any screen or other 00-
22 struotion on the premises of euch establisbment whioh would inter-
23 fere with, or tend to obstruot the view from the outside into
24 suoh establishment through the entrance to the same. And it
25 shall be unlawful for any person, firm or oorporation owning,
26 conducting, in oharge of or employed in a wholesale liquor es-
'Zl tablishment to ereot, construot or maintain,or to cause .1' permit
28 to b4 ereoted, construoted or maintained, any doors at the en-
29 tranoe to suoh establishment which form a height of not more
30 than two and one-half feet above the floor of such establisbment
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caus e
or produce more of an obstruction to the view from the
82 outside into suoh establishment than that caused or produoed by
ordinary clear door-glass.
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Ordinance Number
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Sec. 6- It shall be unlawful for any minor under the age of
twenty-one,upon being present in any liquor establishment, when
asked to give hiD age by the proprietor or any of the employees
in said liquor estab11sbment, to m1srepresent his true age or
refuse to give the same.
Sec. 7- It shall be unlawful for any person, firm, or oorpor-
ation to sell, serve, or give away, or to oause or permit to be
sold, served or given away, any spirituous, vinous, malt, or
mixed intoxicating liquors to any officer or enlisted man, while
in uniform, in the Military or Naval Servioe of the United Stctes
of America, or the State of ca.ll%ornla.
tleo. 8- It shall be unlawful for any person, firm or oorpora-
tion, directly or indirectly, or ae the agen~, messenger, or 80-
be'tween JDr any other person, firm or corporation, to procure,
obtain, supply or deliver, or to cause or permit to be procured,
obtained, supplied or delivered, any spirituous, vinous, malt,
or mixed intoxicating, liquors to or for the use of any officer
or enlisted man, while in uniform, in the Military or Naval
Servioe of the United States of Amerioa, or the State of Cali-
fornia.
Sec. 9- Lioensee for the sale of alooholio l~quore ~be
grante4 by the Board of Trustees of the 8&i4 City of Seal Beach
only to wholesale liquor establisbments applying therefor, in
aocordanoe with the conditions and restrictions herein provided.
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'Zl See. 10- It shall be unlawful. for any person or persons to sell,
28 serve, or otherwise diepellose or dispose of any alcoholic liquors
29 from a wholesale liquor ee~ablishmsnt in the City of Seal Beaoh,
30 County of Orange, St~te of California, to any person or persons
31 between the hours of 7 P.M. and 7 A.M. of the following day.
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Ordinance Number
1 Seo. 11- It shall be unlawful for any person or persons to sell,
2 serve, or otherwise dispense or dispose of any alcoholic liquors
3 in the City of Seal Beach, County of Orange, state of Call-
4 fornia, to any peraon or persons on a legal holiday, exoept
5 Saturday afternoons. QRQ '.0. 7 A.M.~;~~-~~ch 19~1
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Seo. 12- The tax for such wholesale liquor establishment license
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under the provis10ns of tnis Ordinanoe, shall be 11399.99 per
annum, payable in advanoe, in lawful money of the united States,
aaid licenss shall be paid to the City Marshal of the sa1d C1ty
of Seal Beach.
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Seo. 13- The number of licensee to be granted for wholesale
liquor establishments, under the provisions of this Ordinanoe,
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shall not exceed te& (~) at anyone time.
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Sso. l4y Every person, partnership, firm, or corporation, re-
ceiving a license, under the provisions of this Ordinanoe, shall
post the same in a oonspicuous plaoe in said liquor establish-
ment, easy to read, at all times, and no lioense shall permit
Sales of alcoholic liquors by any p~reon, partnership, firm or
oorporation, who shall negleot tnie requirement.
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Seo. 15- No one lioense granted under the terms of th1s Ordi-
nanoe shall entitle the owner and holder thereof to carryon the
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25 bueiness therein speoified at more than one plaoe.
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Sec. ~
No applicant shall have issued to him a lioense under
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this Ordinanoe, unless suoh applioant be of g004 oAaraoter, a
c1tizen of tne Un1ted~tates and shall first make application to
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30 the S&14 ~Oard of Trustees for perm1ssion to oDtain a lioense, as
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herein required, before such license shall be granted.
Such
82 applioation shall be in writing and filed w1th the City Clerk of
said City of Seal Beach, and must set forth:
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Ordinance Number
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First: The na.1iIl and residonoe of the a.pplioant, or
applicants, now long he, or they, have there resided; and if a
oorporation, the names and ~esidenous of all the offioara of
the corporation.
Second: Th~ particular plaoe for whioh the lioenoe
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Third: The name of the owner of the premises.
Fourth: The applicant, or~pplioants, is, or are,
the sole owner, or owners, of the business propoeed to be carried
on.
Fifth: Whether or not ths applioant, or applicants,
has, or have, ever been engaged in the same kind of business
Defore, and if so, when, where, and how long.
Sixth: That the applicant, or applicants, will 00.0.-
duot the said place of Dusiness in accor~ance with all ths con-
~1tions, restrictions and provisions of this ordinanoe, or of
any other Or~1nl.i.nCe relating to the liquor traffic that ma,y be
adopted hereafter by the Boa~d of Trustees of the said city of
Seal Beach, or by the registered qualified eleotors of the said
City of Seal Beach, and will exoept suoh lioense upon the express
con~~~1Un ~na.t a V10!a~10n of any suoh conditions, restrictions
or provisions relating to the liquor traffio shal~ be a good
reason for revocation ofsuoh license. said applioation shall be
signed by eaoh and. every applicant; and if the applicant bs a
corporation, by its President and Secretary or other executive
officer with the corpora.ts seal of said oorporation affixed there
to, anU must be vurified by the affidavit of the applioant, or
applicants, made oefore some person qualified to administer oaths
Seventh: said applioation Bhall be acoompanied by a
written recommendation setting forth t~t the applicant, Or appli
cants, is, or are, of goo~ charaoter and competent to oonduot
such a,place, which reoommendation must be signed by not le~s
than four (4) persons.
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Ordinance Number
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Eighth: Upon the filing of any suoh application and
reoommendation, ~ by the bond h~relnaI~er 111 ~nls Orulnance
required for the granting of a liquor lioense. it ahall be deem-
sd that the contents of suoh applic~tion are true, and i~ shall
be the duty of the oaid Boar~ of Trus~ees, upon notioe to them
by the city Clerk, as hereimfter provided, to order a lioense
~o be issued to the'applioant, sUbjeot only to the rest,rictions
herein placed upon ~he number of licenses that may bs issued
usreunder, and to the hearing hereinafter provided for, provided
~he ~oBrd of Trustees shall nave the rlght to rejeot any and
all applioations at all times.
Sec. ~ Upon the filing of such application, reoommendation
and bond, the said City Clerk of the sald City of Seal Beach,
county or Orunge, State of calirornla, aft~r being direoted by
a majority vote of tbe Boar~ of Trustees, shall forthwith and
within ~wenty-four (24) houzs oause to be posted at the City
Hall a notioe stating the name, or the names, of said ap)licant
or applicants, and of the persons reoommending ths same, the plac
where DBld business io to be conducted, maintained or carried on,
and notifylng all persons having any valld reason why said appli-
cation snoul~ not be granted to rl1e tnelr objeotions in writ1ng
with the sai~ 01er~ at or before the next meeting or the Board of
Trus~ees or ths sai~ City of Seal ~each, that shall be held not
less than five (5) days subsequent to the first posting of said
notioe. And Qt said meeting the said Bo~rd of Trustses shall
hear and determine suoh applioation, and shall in their disoretio
grant, or rejeot, the eame, unless it shall appear to ths satis-
faotion of ths said Board tnat there are outstanding the maximum
numbsI' of lioenses issuable hereunder.
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Ordinance Number
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Seo. 19- All appl10antd for liquor ~icenBes, under the tefms
of this Ordinanoe. shall at th~ time of mak1ng s~oh applicatian
for suoh liosnse f1le w1td tbe City Clerk his bond, payab~e to
the City of S~al Beach, county of Orange, State of california,
in the penal sum of One Thousund Dollars ($1000.00) ap,i>roved
by a majority vote of the said Board of Trustees, with two or
more good and Huffioient sureties, who sha.ll~stify before some
person competent to administer oaths, in doublo tho amount
mentioned in said bond, in property oituated in the State of
California, over and above ~he statutory exemptione. Said bonds
snaIl be oondition~d that tho principal therd1,n named while
oarrying on the said liquor establishment at the place mentioned
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in bis applioat10n, will oomply with all of the re~uirements
hereof, and will not permit or oommit any violations of the terms
of this Ordinanoe.
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Sec. 20- The provisions hereof respeoting suoh applioations,
rooommendations and bond apply to the first application of any
applioant, to each application for a transfer of license and to
eaoh subsequent applioaalon for a lioense thereaftsr by any suoh
applicant.
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Seo. 21- No lioense issued under this Ordinanos shall be assign-
able or transferable without the oonsent of the Board of Trustees,
and with suoh coneent only to a bona fide purohaser or the busines
to which it relates, or in oonneotion with whioh it ~as granted or
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issued.
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28 sec. 22- When upon auff1clsnt Oause bein~ s.tlo\Vn, or proof furn-
29 ished to the said Bo~rd of Trustees, upon notice being given to
30 the person, partnership, firM Or corporation, so licenscd, and
31 upon a hearing and trial before the said Board of Trustees and the
82 Board of Trustees being oonvinoed that any person, partnership,
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Ordinance Number
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fi:rm, or oorporation, holding a lioense under this Ordinance
is keeping a disorderly or diareputaDle liquor establishment,
or has violated any of th; previa ions of this Ordinance, or the
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4 provisions of this Ordinanoe hereinafter enaoted by the Board
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of Trustees of the City of Seal 2~~tint to the sale of
liquors, the said Board of Trustees..,. revoke and canoel suoh
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license and deol&!" s forf\l1ted the bon:d given by t.b.e applioant,
or applioants, therefor.
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Sec. 23- The said City Clerk must prapare and have printed
suitable forms for the licenses herein authorized, whioh s~ll
when issued bear the name or names of the licensee, or licensees
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and shall be signed by the City Clerk of ~he City of Seal Beach,
and countersigned by the President of the Board of Trustees of
the City of Seal Beaoh.
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Seo. 24- Any person violating any of the provisions of this
Ordinance shall be deemed gull ty of a mllldemeanor and upon con-
viotion thereof shall oe punisbable by a fine not exceeding .
Thrse Hundrsd Dollars ($300.00) or by imprisonment for a period
not exceeding'three (3) months, or by both suoh fine and imprison-
ment; and in case the holdeL' or holders of any license granted
under the terms of this Ordinanoe sball be convioted of a vio-
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lation thereof, suoh license shall be revoked by the said Board
of Trustees of the City of Seal Beaoh.
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26 Seo. 25- This Ordlnanoe shall not be construed as emending or
'Zl repealing .Ordinanoe NO. 5 - An Ordinance regulating the sale
28 I of alooholic liquors in tM City of Seal Beaoh, providing for
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the issuancs of lioenses therefor, and providing a penalty for
the violation of any of the 9rovisions thereof.. nor any portion
or seotion thereof.
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Ordinance Number
1 Sec.26- The City Cl~r1t Bhr.:.ll certify to the paaaage of this
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Oru.inance, e.nd c&.uae the GWIUI to be published once in the SEAL
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BEACH POST, a nenepaper of gen:.rg. circulr.tion printe~c:.n~A
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published in so.id City of EeD.l Bcc.oh, and t - this rdin-
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5 :mce shall take effeot and be in force.
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President of the Board of Trustees
of the City of Seal BeaOh, Oali-
fornia.
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Attest:
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City Clerk aDd ex-offioio Clerk
of the Boar4 of Trustees of the
City of Seal Beaoh, California.
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The above and foregoing Ordinanoe No.
of sa.id City
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of Seal Be&.oh is signed and approved. by me this _ day of
, 1918.
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President of the Board of True~ees
of the City of Seal Beach,
California..
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Ordinance Number
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State of California.
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C1ty of Seal Beach,
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County of Orange,
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5 I, J. P. Transue, tile duly eleoted, qulll1fied and
6 acting Clerk of the City of Seal Beaoh, do hereby oertify
7 that the fore~oing Ordinance ~as introauoed and read at a
8 regular meeting of the Board of Trustees of the City of Seal
9 Beach, California, on the ___ day of
, 1918,
10 and that the same was again read and thereupon paesed and
11 adopted at a regular meeting of said Board of Trustees on the
~ ___ day of
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, 1918, by the following stated
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Ayes, Trustees
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Noes, Trustees
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Absent, Tru~teee
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City Clerk and ex-offi010 Clerk
of the Board of Truetees of the
City of Seal Beaoh, ca11fornia.
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