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HomeMy WebLinkAboutOrdinance No. 211a�t J 9 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 ORDINANCE N0. o? AN ORDINANCE PROHIBITING THE IWIUFACTURE, SALE, PURCHASE, STORAGE, GIFT, AMID 'TRANSPORTATIOTI OF INTOXICATING LIQUORS FOR BEVERAGE PURPOSES, WITH CERTAIN EXCEPTIONS RELATING TO SACRA- MENTAL, MEDICINAL AND HOLM USE WITHIN THE CITY OF AZUSA. The Board of Trustees of the City of Azusa do ordain as follows: Section 1. (a) The term "intoxicating liquor" as used in this Ordinance shall include all spirituous, fermented, vinous and malt liquors and any other liquor or mixture of liquor which contains one per cent, or more, by volume of alcohol and which is not so mixed with other drugs as to prevent its use as a beverage. (b) The term "Wholesale druggist" shall mean one who sells drugs at wholesale and not to the general public. (c) The term "retail druggist" shall mean a registered pharmacist authorized to practise in this state, conducting a regular retail business in drugs and who sells to the general public. Section 2. It shall be unlawful for any person, directly or indirectly to manufacture, sell, purchase, barter, delivex give away, furnish or transport any intoxicating liquor within the City of Azusa or to import any such liquor into or to export any such liquor from said City, except as provided herein, and a provisions of this ordinance shall be liberally construed to the end that.the use of intoxicating liquor as a beverage shall be prevented. Section 3. It shall be unlawful for any person in the City of Azusa, to have on his person or in his possession an�r in- toxicating liquor except as provided herein. Section 4. It shall be unlawful for any person to have, keep or store any intoxicating liquor in any place within the City of Azusa, except as herein provided. Section 5. It shall be unlawful for any person to solicit, take or receive any order for intoxicating liquors or to give information how such liquors may be obtained or where such liquors are except that persons holding valid permits to manu- facture or sell intoxicating liquors for nonbeverage purposes may accept orders for such liquors on the premises where they may be legally sold, and representatives of such manufactur(Fs and of wholesale druggists may take orders for such liouors from persons holding valid permits to purchase same. Section 6. (a) It shall be unlawful for any person to advertise where, how, from whom, or at what price liquor may be obtained, but nothing herein shall prohibit manufacturers and wholesale druggists holding valid permits to sell liquor from furnishing price lists with description of liquor for sale to persons lawfully permitted to purchase liquor or from advertis- ing alcohol in business publications or trade journals circula- ting generally among manufacturers of lawful alcoholic perfumes, toilet preparations, flavoring extracts, medicinal preparations and like articles. (b) It shall be unlawful to advertise, manufacture, sell, give away, or to possess for sale anT utensil , contrivance, 1. Y ^ l 1 I machine, preparation, compound, tablet, substance, formula, direction or receipt advertised, designed or intended for use 2 in the unlawful manufacture of intoxicating liquor. 3 Section 7. Nothing in this ordinance shall be construed as rendering unlawful: 4 - (a) The manufacture of intoxicating liquors for nonbeverage 5 purposes by any person holding a valid permit so to do, obtained as herein provided. 6 (b) The keeping or storage Pf intoxicating liquors on the 7 premises where lawfully manufactured or in any place where such liquor may legally be sold, or in cellars, vaults or warehouses 8 owned or leased by persons holding na.lid permits to manufacture, 9 keep or sell such liquors for nonbeverage purposes, or the keepi ✓ of wine for sacramental purposes in any church or in the residence 10 of the pastor or priest of any church oA the distributing and use of wine at any sacramental service. 11 (c) The sale and delivery of intoxicating liquors by those � 12 lawfully manufacturing the same or by wholesale druggists holding valid permits so to do, to other manufacturers of such liquors or 13 to other wholesale druggists or to retail druggists holding valid permits under this ordinance. u 0 14 (d) The sale or furnishing of wine for sacramental purposes ;WQ15 by the manufacturer of the same or by retail druggists holding WoluY valid permits so to do obtained under this ordinance; provided, oQw+ 16 such wine is furnished only to a regularly ordained priest or ;e�wW minister, or upon the written order of the local official board %a=Zo jWo' 17 or governing body of a religious organization regularlyusing wine for sacramental purposes. Ira „. 18 (e) The dispensing of intoxication liquors by retail druggist 19 holding valid permits so to do, for medicinal purposes only, upon a prescription issued, signed and dated by a duly licensed 20 physician regularly practicing his profession; provided, that the name of the person applying for the prescription, and the name 21 and address of the person for whose use the prescription is made shall be inserted therein by the physician issuing the same 22 at the time the prescription is made or given, and that not more than one sale or furnishing is made upon such prescription, 23 and not more than eight ounces of spirituous liquor, and not more than sixteen ounces of vinous or malt liquor is sold on any one 24 prescription, and that all prescriptions are kept on file at the place of business of said druggist, open to yublic inspection 25 for the period of one year after the date of the filling of such Prescription; and provided further, that said druggist shall 26 paste upon or securely fasten to the container holding such liquor a legibly written or printed copy of the prescription on 27 which such liquor was furnished. 28 It shall be unlawful for any person to remove said co,jy of such prescription from said containeR until all of the liquor 29 has been removed therefrom, and it shall be unlawful to empty all or part of said liquor from said container until it has been 30 delivered at the address mentioned in said prescription or to use said liquor for any purpose oth--r than the medicinal purpose for 31 which it was furnished. 32 (f) The sale and delivery by any person, holding a valid permit so to do obtained as herein provided, of ethyl alcohol to 2. 8 9 10 11 12 13 0 14 J Z mJ � 4 15o MOW ie. LLI/2 J"e 16 3aZzo SM"(1 17 djo IF.I " 18 N " 19 20 21 22 23 24 25 26 27 28 29 30 31 32 r manufacturers of toilet, medicinal, antiseptic, culinary, or other nonbeverage preparations, or to the superintendent or authorized officer of a hospital, museum or laboratory, or of an art, educational or public institution; provided, such manu- facturer, superintendent or other person has a valid permit, obtained as herein provided, to receive and possess such alcohol; Provided any person selling, furnishing or delivering liquor or alcohol under the provisions of subdivision "c", "d" or "f" of Section 7 of this ordinance shall keep a record of all liquor so sold, delivered or furnished in which shall be entered the date of the sale, delivery or furnishing, the kind of liquor sold delivered or furnished, the gnantity of each kind, and the name and address of the person to whom the same is sold, delivered or furnished, such record to be open to public inspection, provided, however, that where liquors are sold and the person selling the same shall keep such records as are required to be kept by the United States Internal Revenue Department, such person shall be deemed to have complied with the above provision requiring the keeping of records; provided, also, that the person so selling, furnishing or delivering such liquor shall securely fasten to the container holding it a legibly written or printed statement in English signed by said person and giving the follow- ing information: Kind and quantity of contents; by whom sold, (giving name and address); to whom sold, (giving name and address); purpose for which sold; and date of sale. It shall be unlawful for any person receiving intoxicating liquor or alcohol as per:;itted under paragraphs "c", "d" and "e" to remove any such statement from such container until said container and contents have been delivered to the purchaser at the address stated in such statement, and it shall be unlaw- ful to empty all or part of the contents,from any such con- tainer anywhere except at the address stated in the aforesaid statement and when the contents of any such package have been emptied from it the said statement shall immediately be removed and.destroyed, and it shall be unlawful to use any liquor or alcohol sold, furnished or delivered under subdivision "c", "d" and "f" of Section 7 of this ordinance for other than sac- ramental or medicinal purposes or the purposes specified in said subdivision "f" as the case may be. (g) The manufacture and sale of such preparations as flavoring extracts, essences, tinctures and perfumes, which do not contain more alcohol than is necessary for legitimate purposes of extraction, solution or preservation, and of remedies.which do not contain more alcohol than is necessary for extraction, solution or preservation and ;fhich do contain drugs in sufficient quantities to medicate the compound; pro- vided, that when any of the aforesaid preparations are manu- factured in the City of Azusa, they shall be manufactured only by persons holding valid permits to keep alcohol for nonbever- age purposes, and such preparations, whether made in the City of Azusa, or imported, shall be sold only for lawful purposes and not as beverages. (h) The keeping of any intoxication liquor obtained before this Ordinance goes into effect at a time when and place where such liquor could be legally sold, by any person �:t his home and the serving of same to members of his family or to guests, as an act of hos_jitality, when nothing of value or representa- tive of value is received in return therefor, and when such home is not a place of public resort or a room or suite of rooms in any hotel or club. 3. 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 1 11 ) t (i) The transportation out of or into the City of Azusa of intoxication liquor for nonbeverage purposes when such liquor shipped or received by a person holding a valid permit, obtained as herein provided, to manufacturb, sell or receive such liquors; and provided, there is securely fastened to the container holding such liquor a legibly written or printed statement in English, signed by the shipper and giving the following information; Kind and quantity of liquor therein, by whom sold (giving name and address), to whom sold (giving name and address), purpose for which sold, and date of sale. .It shall be unlawful to remove aforesaid statement from said container while in transit within the City of Azusa. Section 8. It shall be unlawful for any person to carry or transport any intoxicating liquor within, into or out of the City of Azusa, without having on the outside of the container holding such liquor the written or printed statement required in the various paragraphs of Section 7 of this ordinance, and said statement must be so attached that the words thereon may at all times be easily seen and read. Section 9. Permits to sell intoxibating liquor for non - beverage purposes subject to the limitations and provisions herein provided and any other permits required to be obtained under this ordinance may be issued by the Bo£trd of Trustees of the City of Azusa to such persons as maKe sufficient showing that they have a legitimate demand under this ordinance for intoxicating liquors for nonbeverage purposes. Permits to buy and keep alcohol for nonbeverage purposes may be issued by the Board of Trustees of the City of Azusa, to manufacturers' of and dealers in toilet, medicinal, antiseptic, culinary or other nonbeverage preparations, and to the superinten- dent or authorized officer of any hospital, museum or laboratory, or of any art, educational or public institution. Section 10. Any person desiring to obtain a permit as provided herein shall file written application with the said Board of Trustees of the City of Azusa, giving his name and address, nature of his business or official position and full statement of grounds on which application is made. With each application shall be sent a filing fee of five dollars which shall be deposited in the City Treasury. The said Board of Trustees of the City of Azusa may issue a permit when it is shown by the applicant for such permit that he has a legitimate demand for intoxicating liquors to be used in the manner permitted by the provisions of this ordinance, and that he will observe all laws relating to the sale of such liquors. Such permits shall be effective for a period of two years; provided, that any such permit may be revoked by the Board of Trustees of the City of Azusa, if, after a hearing, notice of which has been given to the holder of such permit, said Board ghall find that said holder has not observed the law relating to the sale of intoxicating liquor. ,7hen any such permit shall have been revoked, no new permit shall thereafter be issued to the holder of such permit within a period of one year. Section 11. Upon the conviction of any person or any mem- ber of any firm or any officer, director, or manager of any cor- poration, holding a permit to sell non -intoxicating liquor under the provisions of this ordinance or of an employee of any person 4. i 1 firm or corporation holding such p:rmit, of a violation of any of the 'provisions of this ordinance, such permit shall auto- 2 matically cgase and be null and void and no further permit therefor shall be issued to such person, firm or corporation 3 within a period of one year. 4 Section 12. Whenever any person shall have received, under any law of the State of California or under any law of the United 5 States or from any ahthorized official of the State of California, or of the United States, a permit to manufacture, sell, purchase, 6 transport, import, export or possess any intoxicating liquor, - such permit shall be in lieu of thef/pe;Ymit required to be 7 obtained from the Board of Trustees under the terms of this or- dinance, and compliance with the provisions of any law of the 8 State of California or any law of the United States requiring that a permit be obtained to manufacture, sell, purchase, trans- 9 port, import, export or possess any intoxicating liquor shall be deemed a sufficient compliance with the provisions of this 10 ordinance requiring th=t permits be obtained, and any person who has complied with said laws of the State of California or the UnitEd 11 States, and who has secured a permit or permits under the terms of said laws, shall not be required to secure a permit from the 12 Board of Trustees, as provided ih this ordinance provided All such persons shall file with the Board of Trustees as a public 13 record, a true and correct copy of such permit, obtained under any such law of the United States or the State of California. 0 14 J :m Section 13. I?o parson who shall have obtained any permit �oWuu`a 15 from the Board of Trustees under the provisions of this ordinance, °o<mH16 or any permit under any law of the State of California, or the o0;wm United States for the purposes specified in Section 12 of this .°Z== ordinance, shall sell, transfer or assign any such permit to any JWF0° 1 other person. .� I !: 18 Section 14. In the interpretation of this ordinance, words Y9 of the singular shall be deemed to include their plurals and words of the masculine gender shall be deemed to include thefeminine. 20 The word "person", whenever used in this ordinance, shall be construed to mean and include natural persons, firms, co-part- 21 nerships, corporations, clubs and all associations or combination . 22 Section 15. Nothing in this act shall be deemed or con- 23 strued to authorize the searching of any premises whatever in manner other than by authority regularly obtained therefor �pany 3 24 in accordance with the law. 25 Section 16. In case any section or sections, or part of any section of this ordinance shall be found to be uncon- 26 stitutional or invalid,.the remainder of the ordinance shall not thereby be invalidated, but shall remain in full force and 27 effect. 28 Section 17. Any person who shall violate any of the provisi ns of this ordinance shall be guilty of a misdemeanor and on con- 29 viction thereof shall be punished by a fine not to exceed Three Hundred Dollars (1300.00), or by imprisonment in the City Jail Ct/ 30 ^for not to exceed three(3) months, or by both such fine and imprisonment. 31 Section 18. That this ordinance is urgently required for 32 the immediate preservation of the public peace, safety and health of the City of Azusa and its inhabitants, and shall take effect 5. ti 7 a 4 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 upon its publication. Section 19. The City Clerk is hereby authorized and directed to cause the within ordinance to be published once in the Pomotropic, a weekly newspaper of general circulation, pub- lished and circulated in the City of Azusa, and thereupon the same shall take effect and be in force Passed and adopted the .S day of 1922. ( SEAL ) Preident of the Board of Trustees of tie City of Azusa. Attest: C'ty C erk of the City of Azusa. STAT, OF CALIFOF.IIIA, } s. City of Azusa. I, J. 0. Durrell, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance was duly adopted by the Board of Trustees of the City of Azusa, State of Cali rnia, at its regular meeting, held on the \6 day of 1922, by thee following votep,�to-wit: DOES: ABSENT: 6. y of Azusa.