Loading...
HomeMy WebLinkAboutOrdinance No. 190i 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 AN ORDINANCE INTOXICATING AZUSA, EXCEPT POSES AND IN AND FIXING A THEREOF, AND AND No, 171 C ORDINANCES IN ORDINANCE NO,—/ �?_0 fHIBITING THE SALE OF IR BONA FIDE NEDICALYPIE- bIANNER TH EREI N PROVIDED T The Board of Trustees of the City o f Azusa do ordain as follows: SECTION'l. The phrase "Intoxicating Liquor", wherever used in this ordinance shall be held and construed to include ' wi e , whiskey, brandy, gin, rum,/ale, beer arra any spirituous, vinous, fermented or malt liquor, and every other liquor or liquid containing intoxicating properties, which is capable of beingused as a beverage. whether medicated or not,. and all liquids, whether proprietary, patented or not, which contain any alcohol, which are capable of being used as a beverage. The word "person's wherever used in this ordinance, shall be h+ aid construed to mean and include natural persons, firms, co -partnerships and corporations, and all associations of natural persons, whether acting by themselves or by an agent, servant or employee, SECTION 2. It shall be unlawful for any person, as principal, agent, employee or otherwise, within the City of Azusa, to sell, keep for sale , offer for sale, serve, furnish, distribute, divide, d eliver or give: away any intoxicating liquors. SECTION. It shall be unlawful for any person, within the City of Azusa. to keep, conduct , maintain or carry on a place where intoxicating liquors are sold, kept f or sale, offered for sale, served, furnished, distributed, divided, delivered or given away. SECTION 4. Every person who shall, directly or indirectly 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 25 27 28 29. 30 31 32 ^ �6 keep or maintain, by himself or by associating or combining with others, or who shall in any manner aid, assist or abet in keeping or maintaining any club room of other place within the City of Azusa in which any intoxicating liquor is received or kept for the purpose of use, gift, barter or sale, or for distribution or division among the members of any club or association,, by any means whatever, and every person who shall use, barter, sell or give away, or assist or abet another in bartering, selling or giving away, any intoxicating liquors so sola:, received or kept, shall be deemed guilty of a misdemeanor. SECTION 5. It shall be unlawful for any person to take or solicit orders within the City of Azusa for the purchase or sale of any intoxicating liquor, either in person or by sign, circular, letter, poster, band bill, card, price -list., advertisemei or otherwise, or to distribute, publish or display tmthin the City of Azusa any advertisement, sign or notice, naming, representing, describing, or referring to the quality or qualities of any intox- icatizg liquor, or giving the name or address of any person manu- facturing or dealing in intoxicating liq¢or, or stating where any such liquor may be obtained. SECTION 6. It shall be unlawful for any persont;o keep or have, for personal use or otherwise, or to use, or permit another to have. keep or use, intoxicating liquors at any restau— rant, store, office building, club, place where soft drinks are sold ( except a drug store, may have and sell alcohol and intoxi- cating liquors in the manner hereinafter provided), fruit stand, news stand, room, or place when bowling alleys, billiard or pool tables are maintained, livery stable, garage, public building, park, road, street, or alley. SECTION 7. It shall be unlawful for any person to have in his possession within the City of Azusa, in his home, or in any place in said City not mentioned in Section 6 of this Ordinance, -2- 1 more than one-half gallon or two quarts of intoxicating liquor 2 other than beer, or moie than twelve quarts or twenty-four pints 3 of beer; provided, however, tha-t this Section shall not apply to 4 registered pharmacists or to persons keeping alcohol to be used 5 for mechanical or chemical purposes only, and that nothing con- 6 tained in this Ordinance shall be deemed to prohibit the serving 7 of intoxicating liquor's lawfully in the possession of any person 6 under the terms of this Ordinance, in his home to members of his s family or to his guests as an act of hospitality, when no money 10 or thing of value is received in return therefor, and when said 11 home is not a place of common; resort, and when such having or s 12 serving is in no way a shift, scheme or device to evade the pro- 13 visions of this Ordinance. :x 14 SECTION S. It shall be and is hereby made unlawful • a,a ac> gym x d 15 for any person, firm or corporation, whether as principal, agent ap�m 16 or otherwise, or as common carrier or otherwise, to bring into m 17 the, City of Azusa or to carry or deliveror cause to be carried or. 16 delivered within the City of Azusa any intoxicating liquors of 19 any kind. 20 Provided, however, that this Section shall not be held 21 to apply to transportation to, or delivery to, or by, any regis- 22 tered pharmacist in the City of Azusa in the due course of business 23 as provided in this Ordinance, or to any carrying through the City 24 of Azusa without stopping in transit; or to any carrying by any 25 church officer for sacramental purposes; or to may carrying by any 26 person for his or her awn personal use of not more than one-half 27 gallon or two quarts of intoxicating liquor other than beer,, or not 26 more than twelve quart's or twenty-four- pints of beer. 29 SHMON 9. It shall be unlawful for any person within 30 the City of Azusa to receive, directly or indirectly, intoxicating 31 liquors from a common, or other carrier. 32 It shall also be unlawful for any person within the City 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ! Y of Azusa to possess intoxicating liquors, received directly or indirectly from a common, or other carrier within the City of Azusa. Thissection shall apply to such liquors intended for personal use, as well as otherwise, and to interstate, as well as intrastate, shipments or carriage; provided, however, that this section shall not apply to receiving or possessing such intoxicat- ing liquors by any registered pharmacist in the City -of Azusa in the due course of business as provided in this Ordinance. SECTION 10. Any registered pharmacist, under the laws of this State, may sell intoxicating liquors in the City of Azusa for bona fide medicinal purposes in accordance herewith upon the written prescription of a physician entitled to practice medicine under the laws of the State of California, as herein provided, or fe'r sacramental purposes, upon the order of" a clergyman, as herein provided, or may sell alcohol for mechanical or chemical purposes only; but it shall be unlawful for such pharmacist to permit any such liquor to be drunk upon the premises where sold or upon any premises occupied or controlled by him, or to permit any vio- lation of this ordinance in or upon any premises owned, occupied or controlled by him. Every registered pharmacist selling intoxicating liquor or alcohol for the purposes above provided shall keep a true and exact record in a book provided by him for that purpose, in which shall be entered at the time of every sale of intoxicating liquor or alcohol made by him or in or about his plaice of business, the data of the sale, the name of the purchaser, his place of residence stating the street and house number ( if there be such), the kind, quantity and price of such liquor or alcohol and the purpose for which it is sold, and, when the sale is for medicinal or sacraments, purposes, the name of the physician issuing the prescription or of the clergyman giving the order therefor, and, when, the sale is of alcohol for mechanical or chemical purposes, the purchaser shall be H er 1 ! Y of Azusa to possess intoxicating liquors, received directly or indirectly from a common, or other carrier within the City of Azusa. Thissection shall apply to such liquors intended for personal use, as well as otherwise, and to interstate, as well as intrastate, shipments or carriage; provided, however, that this section shall not apply to receiving or possessing such intoxicat- ing liquors by any registered pharmacist in the City -of Azusa in the due course of business as provided in this Ordinance. SECTION 10. Any registered pharmacist, under the laws of this State, may sell intoxicating liquors in the City of Azusa for bona fide medicinal purposes in accordance herewith upon the written prescription of a physician entitled to practice medicine under the laws of the State of California, as herein provided, or fe'r sacramental purposes, upon the order of" a clergyman, as herein provided, or may sell alcohol for mechanical or chemical purposes only; but it shall be unlawful for such pharmacist to permit any such liquor to be drunk upon the premises where sold or upon any premises occupied or controlled by him, or to permit any vio- lation of this ordinance in or upon any premises owned, occupied or controlled by him. Every registered pharmacist selling intoxicating liquor or alcohol for the purposes above provided shall keep a true and exact record in a book provided by him for that purpose, in which shall be entered at the time of every sale of intoxicating liquor or alcohol made by him or in or about his plaice of business, the data of the sale, the name of the purchaser, his place of residence stating the street and house number ( if there be such), the kind, quantity and price of such liquor or alcohol and the purpose for which it is sold, and, when the sale is for medicinal or sacraments, purposes, the name of the physician issuing the prescription or of the clergyman giving the order therefor, and, when, the sale is of alcohol for mechanical or chemical purposes, the purchaser shall be H 1 2 3 4 5 6 7 a s 10 11 12 13 m 14 X30 15 Uyv� c 16 w .. 17 16 19 20 21 22 23 24 25 26 27 28 2s 30 31 32 required to sign the record of the sale in the book. a Whenever any pharmacist fills a prescription for in ing liquor, he shall cancel the same by writing across the face thereof, in ink, the words: "cancelled," with the date on which it was presented and filled, and shall keep the some on file, separate from other prescriptions, and no such prescription shall be filled again. Such book and all prescriptions for intoxicating liquor filled shall be open to inspection by the District Attorney of the County of Los Angeles, or by any person designated in writ- ing by him, or, by any Justice of the Peace, Sheriff or Constable of the County of Los Angeles, or by the City Attorney, City Recorder City Marshall or other police officer of the City of Azusa, or member of the Board of Trustees of said City. It shall be unlawful for any pharmaoistoto fail or neglect to keep such record or to destroy or in any way alter any such re- record or Entry therein or any prescription filled, or to permit or procure the same to be destroyed or altered, or to refuse inspec- tion thereof to any person entitled to srch inspection, or to fail or neglect to cancel any such prescription, or to refill any pres- cription or to sell intoxicating liquor for medicinal purposes excep on a written prescription of a physician entitled to practice medi- cine under the laws of the State of California, or for sacramental (purposes without an order signed by a regularly ordained clergyman actually engaged in the practice of his calling,or to sell any lalcohol for mechanical or chemical purposes without obtaining the Isignattire of the purchaser. SECTION 11. It shall be unlawful for any physician to issue a prescription in the City of Azusa for intoxicating liquor except in writing or in any case, unless he has good reason to be- lieve that the person for whom it is issued via., actually sick, and that the liquor is required as medicine. Every prescription for intoxicating liquor shall contain the name and address of the -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 a 14 aJ _U ° 15 xmd� JmvOo Ytl�C 17 18 19 20 21 22 .r w physician, the name and quantity of liquor prescribed, the name of the person for whom prescribed, the date on which the prescription is written, and directions for use of the liquor so prescribed. Upo the conviction of any physician of a violation of the provisions of this Section it shall be unlawful for sach physician thereafter to write any prescription for the furnishing, delivery or sale of into: icating liquor in said City of Azusa, and it shall be unlawful for any pharmacist to knowingly fill any such prepeription written or signed by any physician who has been convicted of a violation of the provisions of this Ordinance. SECTION 12. Every person having in his possession within the City of Azusaany alcoholic liquors, or bottles, barrels, or other articles, with the intent to use the same in violation of thin ordinance, or contrary to its terms, shall be deemed guilty of a misdemeanor, and in addition to the penalty therefor hereinafter provided, all such liquors, bottles, barrels, vessels or other arti— cles in th , possession of such person, shall be and are hereby, dec ed to be nuisances, and the City Marshall shall have the right , and it shall be his dut,T, to abate such nuisances by seizing the same, and upon the conviction of such person or persons of violating this ordinance, all such liquors shall be destroyed upon order of the t in which such conviction has been had. 23 SECTION 13. It shall be the duty of the City Marshall, 24 his deputies and all police officers of the City of Azusa, to put 25 persons suspected of violating any of the provisions of this ordi=- 26 ,anee, under police surveillance and to use all legal means in 27 letecting and convicting persons violating any of the provisions 28 Df this ordinance. The right of search as given in Chapter III of 29 Part II of Title XII of the Penal Code of the State of California 30 is hereby made applicable to all places where there is reasonable 31 azse to believe any provisions of this ordiname' is being violated, 32 STTION 14. Whenever the father, mother, brother, sister, ?if e, husband or guardian of any relative of any person, shall �6" I b, I notify any druggist thAt such person, marring h im, uses intoxicating 2 liquors as a beverage and shall forbid such druggists from selling, 3 bartering or giving to such peron an y intoxicating liquors, it 4 shall be unlawful for any such druggist, aftersuch notice, to e let 'such person have any intoxicating liquors upon prescription 6 or otherwise. 7 SECTION 15. Every act in violation of this Ordinance s shall, separately, or for each day of its continuance, be deemed a 9 separate offense, and every person who shall in any.mauner encourage 10 aid, abet or assist in the violation of this Ordinance, shall be 11 deemed guilty of a misdemeanor and any clerk, servant, agent or 12 person committing any act in violation of this Ordinance: shall be 13 deemed guilty as principal.. � w 14 SECTION 16. azZy person violatirg any of the provisions ¢A7U 15 of this Ordinance shall be deemed guilty of a misdemeanor and JMy w� aesais upon conviction thereof shall be punished by a fine not exceeding 17 Three Hundred ($300.00) Dollars, or by imprisonment in the City 18 Jail of the City of Azusa, not exceeding Three (3) months, or by 19 both such f in e and imprisonment . 20 SECTION 17. Ordinance No. 163 of the City of Azusa, adopt 21 the 14th daT of September, 1914, and Ordinance No.171 of the City 22 the day 19L; of Azusa, adopted of and all other 23 ordinances and parts of Ordinances 'n lict with this Ordinance 24 are hereby repealed. 25 SECTION 18. The City Clerk shall certify to the passage 26 of this Ordinance and shall cause the same to be published once in 27 The Pomotropic, a weekly newspaper of general circulation, published 28 and circulated in said City of Azusa, and thereupon and thereafter 29 the same shall be in full force and effect. 30 Adopted this day of GJ ,1917. 31 President of the Board of Trustees o 32 ATTEST: the City of Azusa. r Ci y CCle�r —o the City ofOkmsa. I 1 2 3 4 5 6 7 8 9 10 11 12 13 m 14 a � 6tiyV 15 Ud�U CCeq waa" 16 s 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 STATE OF CALIFORNIA. ss. CITY OF ANSA. I, C. W. BOULDIN, City Clerk of the City of Azusa, doher certify that the foregoing Ordinamce was duly passed by the Board of Trustees of the City of Azusa, State of California, and signed by .the President of said Board, at a regular meeting thereof' held on the 3rd day of December 1917 , and that said Ordinance was passed by the following vote, to wit: Ayes: Barnes Robinson, Templin, Case, Roach Noes: None Absent: gQ IN WITNESS WBEREOF, I have hereunto set my hand and affixed the official seal of the City of Azusa, this 3rd day of December , 1917. =k City Clerk of the City of Azusa.