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HomeMy WebLinkAboutOrdinance No. 1631 2 3 4 5 6 7 8 9 10 11 12' 13 14 15 16 17 18 19 20 >- 4 ORDINANCE No.16 � . AN ORDINANCE PROHIBITING THE SALE OF INTOXICATING LIQUORS WITHIN THE CITY OF AZUSA E .CEPT FOR BONA FIDE I.1EDICAL PUR- POSES, It: THE '.J.NNER THEREIN PROVIDED AND REPEALING ORDINANCE NO. 73 AND ORDINANCE NO. 158 OF SAID CITY. The Board of Trustees of the City of Azusa do ordain as follows: - Section 1. Any person, firm, corporation, club or associa- tion that, within the City of Azusa, established, keeps, opens,main- tains or carries on a place where spiritous, vinous, malt or mixed liquors or any alcholic or intoxicating drinks are sold, kept for sale, offered for sale, furnished, distributed, divided, delivered or given away; or that, within said city, either as owner, employee, agent, servant, clerk or other wise sells, keeps for sale, offers for sale, furnished, distributed, divides, delivers or gives away any spiritous, vinous, malt or mixed liquors or any alcholic or in- toxicating drinks, shall be deemed guilty of a misdemeanor. Section 2. Every person who shall directly or indirectly or maintain by himself or by association or combine with other, or who shall in any manner aid, assist or abet in keeping or maintain - 21 ing any club -room or other place within the City of Azusa in which 22 any intoxicating liquors are received or kept for the purpose of use 23 gift, barter or sale, or for distribution or division among the mem- 241 bers of anyclub or association, by any means whatever, and every 25 person who shall use, barter, sell or give away, or assist or abet 26 another in bartering, selling or giving away, any intoxicating 27 liquors sold, so received or kept shall be deemed guilty of a misde- 28 meanor. 29 Section 3. Every person having in his possession, within the 30 City of Azusa, any spiritous, vinous, malt or mixed liquors, or any 31 alcholic or intoxicating drinks, shall be deemed guilty of a misde- 32 meanor and in addition to the penalty therefor hereinafter provided, 1. 11 2' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 t all such liquors, bottles, and barrels and vessels, in which said liquors are contained, in the possession of such persons, shall be and are hereby declared to be a nuisance, and the City 1.11arshall shall have the right and it shall be his duty to abate such nuisance by seizing the same, and upon the conviction of such person of violating this Ordinance, all such liquors shall be destroyed. Section 4. Every person who lets or leases any building, tenement or place owned by him or under his control, within the City of Azusa, to be used or permits the same to be used in viola- tion of this ordinance shall be deemed guilty of a misdemeanor. Section 5. Every person who, at any time, visits or is present at any place within the City of Azusa where spiritous, vinous, malt or mixed liquors, or any alcholic or intoxicating drinks are sold, kept for sale, offered for sale, furnished, distributed, divided, delivered or given away in violation of this ordinance shall be deemed 'guilty of a misdemeanor. Section 6. every person, or any officer, agent of employee of a rail -road company, express company or other common carrier or person who shall within the City of Azusa knowingly carry on or deliver any spiritous, vinous, malt or mixed liquors or any alcholic or intoxicating drinks, or vessels for containing the same, to or for any person, to be sold or used in violation of this Ordinance, and every person who shall solicit or take orders within the said City of Azusa for any spiritous, vinous, malt or mixed liquors or any alcholic or intoxicatin& drinks, to be used or sold in violation of this Ordinance shall be deemed guilty of a misdemeanor. Section 7. It shall be the duty of the City .xarshal, his de- puty and all police officers of this City to put persons suspected Of violating this Ordinance under police surveillance, and to use all legal means in detecting and convicting persons violating this Ordinance including the exercise of the right of search Siven by the State law and Chapter 3 of part two of yitle-Twelve of the Penal 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I 23 24 25 26 27 28 29 30 31 32 F Code of the State of California, so far as the same does not apply to acts or proceedings under this Ordinance, is hereby, so far as the same can be made applicable, made to apply and be in force in the City of Azusa. Section 8. Any registered pharmacist, under the laws of this State, holding a druggist's permit, obtained from the Board of Trus- tees of the City of Azusa in the manner herein spedified,,may sell intoxicating liquors for bona fide medical purposes in accordance herewith upon the written prescription of a physician entitled to practice medicine under the laws of the State of California, providec however, that said prescription shall be written, signed and dated by the physician within twenty-four hours of the date of sale; that the name of the person applying personally for the prescription and the name of the person for whose personal use the prescription is made shall be inserted therein by the physician issuing the same, at the time the prescription is made or given and the prescription shall be presented to and filed by the druggist before any saleor furnish- ing is made thereon; all prescriptions shall be numbered and kept in regular succession by ;he druggist filling the same, on a separate file convenient for and open to such, during all business hours, to the inspection of the City Marshal and his deputy, and to any person designated by the Board of Trustees of said City; that only one sale shall be made on one prescription; that the prescription shall be given or written only when in the opinion of the physician, such liquor is actually necessary as a medicine for the person thereon named, and such prescription shall specify the kind and quantity of liquor to be furnished thereon, and any physician who shall give to or write for any well person, or persons not in actual need of said liquors, either separate or compounded with other ingredients, or who shall violate or assist in violating or evading any of the provisions Df this Ordinance, shall be deemed guilty of a misdemeanor, and upon :onviction therefor in addition to the penalty therefor herein 3. 1 2 3 4 5 s 7 8 9 10 it 12 13 14 15 16 J 18 19 20 2i 22 23 specified ho'ihtoxicating'liquors shall thereafter be supplied, fur- nished, sol£f or'delivered to any person by any holder of druggist's permit, upon the prescription of such physician. SectiOW 9." In order to obtain druggist's permit under this Ordinanee'the applicant shall file with the City Clark of said City of Azusa, an application signed and duly verified by the appli- cant; setting forth:- -tile particular place, including street'and number, where such business is to be conducted, and that the applicant is a person of good moral character, and that'he is'a registered pharmacist under the laws of this Statb; and is lawfully and in good faith engaged or is about to'become engaged personally, in the business of a drug- gist in said'City, as the proprietor or manager in the place designa- ted in his petition and that he will not violate or evade, nor allow any of his Clerks, servants, agents or employees to violate or evade any Ordinance of said City, relating to the sale of intoxicating liquors. Said applicant shall accompany his application with a good and sufficient joint and several'bond, to the City of Azusa, in the penal sum of One Thousand (w1000.00) ]Dollars, executed by himself as prin- cipal and two sureties, with justification of the sureties attached thereto, that he is a resident and free holder in said City and worth the amount of said bond over and above 'all his debts and liabilities 24 in unincumbered real property situated within the County of Los 25 Angeles,"exclusive of property exempt from execution and forced sale; 26 and said bond shall be conditioned that said applicant and every one 27 in hie employ will well and truly observe and obey all Ordinances nova 28 and hereafter in force in relation to the sale of intoxicating liquor; 29 in Laid City during the time for which the said permit is granted, 30 and on violation of the Provisions of said bond the sar7e shall there - 31 by become due and payable to the City of Azusa and recoverable in a 32lcivil action brought in a court of con patent jurisdiction in the name 4. 1 2 3 4 5 611 7 8 I� r i Section 12. Whenever the father,.mother, brother, sister, wile husband or guardian or any relative of any person, shall notify any holder of a druggist's permit that such person, naming him, used in- toxicating liquors as a beverage, and shall forbid said druggist from selling, bartering or giving to such person any intoxicating liquors, it shall be unlawful for any such holler of druggist's per- mit, after such notice, to let such person have•any intoxicating liquors upon prescription or otherwise. 9 Section 13. Lvery act in violation of this Ordinance shall sep 10 arately or for each day of its continuance be deemed a separate 11 offense, and every person who shall in any manner encourage, aid, 12 abet, or assist in the violation of this Ordinance shall be deemed 13 guilty of a misdemeanor, and any clerk, servant, agent or person 14I committing any act in violation of this ordinance shall be deemed 15 guilty as principal. 16 Section 14. Any violation of this Ordinance or any of the pro - 17 visions thereof, shall constitute a misdemeanor, and every person 18 found guilty of violating any of the provisions of this Ordinance, 19 shall, upon conviction thereof, be fined in the sum of not more than 20 Three Hundred (,,.300.00) Dollars, or be imprisoned in the City ,fail 21 of the City of Azusa for not more than three (3) months, or be pun- 22'� ished by both such fine and imprisonment. 23 Section 15. Ordinance No. 73 of the City of Azusa, passed on 24 the 29th day of June 1904 and Ordinance Pio. 158 of the City* of Azusa, 25 IN16k- Passed on the 2_ day of Yl� � �+ , 1914, and all other Ordinan- ces in conflict with this Ordinance are hereby repealed. 27 ;Section 16. The provisions of this Ordinance shall not be deem - 28 ed to apply to the keeping of intoxicating liquors for medicinal or 29 scientific purposes. 30 Secti6n.17. The City Clerk shall certifyto the passage of this 31 Ordinance and cause the same to be published once in the "Pomotropic" 32 6. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 a newspaper of general circulation published weekly in said City of Azusa, and hereby designated for that purpose. Section 18. This Ordinance shall take effect and be in full force thirty (30) days from and after its passage. ^^ The foregoing Ordinance -was adopted at a r0gularlmee"ting of he Board of Trust6es of the City of ,'.zusa held on the / LIday of ,19141 by the affirmative vote of at least three Trustees, to -wit: 6 �^^ �� I^_ Ayes: _''�.ei'__� "✓'"�1 "'""`, Noes: Absent: Signed and approved this lq-' day of '1' , 1914 (Seal) ATTEST: FeOS .dent of the Board of Trustbes of the City of Azusa. City Clerk of the City of Azusa. 7.