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HomeMy WebLinkAboutOrdinance No. 299N M ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA pEFINING AND PROHIBITING THE SALE, PIIANUFACTURE, TRANSPORTATION OR UNLAWFUL POSSESSION OF INTOXICATING LIQUORS; DEFINING ALCOHOLIC BEVERAGES AND PROVIDING FOR THE IS- SUANCE OF LICENSES TO THOSE TO WHOM LICENSES MAY OR DO ISSUE, PRESCRIBING REGULATIONS IN CONNECTION THEREIPTTH; PROVIDING PENALTIE'S FOR THE VIOLATION HEREOF AND REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE. The City Council of the City of Azusa does ordain as follows: SECTION 1. DEFINITIONS (a) (Intoxicating Liquor.) When used in this Ordinance, the phrase "Intoxicating liquor" shall be construied to include, alcohol, brandy, whiskey, rum, gin, beer, ale, porter and wine, and in ad- dition thereto 9.ny spiritous, vinous, malt or fermented liquor, liquids and compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing more than three and two-tenths percentum of alcohol by weight, which are fit for use for beverage purposes; provided that the foregoing definition shall not extend to wine, nor to any beverage or liquor produced by the process by which beer, ale, porter or wine is produced, if it does not contain more than three and two-tenths percentum of alcohol by weight, and is made and transported as prescribed by laws enacted by the Congress of the United States of America. (b) (Alcoholic Beverage.) I'Then used in this Ordinance, the phrase "alcoholic beverage" shall be construed to include beer, lagor beer, ale, porter, wine and other drinks containing one- half of one percentum, by volume, and not more than three and two-tenths percentum of alcohol by weight, which are fit for use for beverage purposes. (c) (Person.) The term "person", when used in this Ordinance, shall be construed to include one or more persons, a partnership, and association, a joint stock company, or a corporation, and when - ever used in this Ordinance prescribing or imposing a fine, imprisonment, or both, the term person it as applied to partnerships, associations, or joint stock companies, shall mean the partners or members thereof and as applied to corporations shall mean the officers thereof. -1- CD (d) (Alcoholic Beverage Dealer.) When used in this Ordinance, the phrase "alcoholic Beverage dealer" shall be held to include any person selling, offering for sale, or keeping with the intention of selling, either in bottles or other containers, any alcoholic beverage as herein defined. (e) (Alcoholic Beverage Distributor.) When used in this Ordinance, the phrase "alcoholic beverage distri- butor" shall be held to include any person who delivers, transports or conveys any alcoholic beverage, for which a consideration has been paid or will be paid, to any person within the City limits of the City of Azusa. For the purpose of this Ordinance, the term "alcoholic beverage distributor" shall not be construed to apply to any person, who shall only deliver, transport or convey alcoholic beverages to a duly licensed alcoholic beverage dealer. (f) (Wholesale Business.) Wholesale business shall include the business of providing non -intoxicating al- coholic liquor for and the distribution to retail dealers for resale only and not to homes or to customers. (g) (Class A. License.) When used in this Ordinance, the phrase. "Class A License " shall be construed to mean a license permitting the holder to sell, offer for sale, or keep with the intention of selling, either in bottles or other containers, alcoholic beverages for consumption on or off the premises of the licensee. (h) (Class B License.) When used in this Ordinance, the phrase "Class B License" shall be construed to mean a license permitting the holder to sell, offer for sale, or keep with the intention of selling, either in bottles or other containers, alcoholic beverages, but which will not permit the consumption thereof on the premises of the licensee. (i) (Class C License.) When used in this Ordinance, the phrase "Class C License" shall be construed to mean a license permitting the holder thereof to deliver, transport, or convey alcoholic beverages, for which a consideration has been paid or•will be paid, to any person within the City limits.of the City of Azusa, other than holders of -Class A or Class B license. (j) (Class D. License.) When used in this Ordinance, the phrase "Class D. License" shall be construed to mean a license permitting the holder thereof to deliver, transport or convey alcoholic beverages for which a consideration has been paid or will be paid to any person holding a Class A and/or a Class B. License within the City of Azusa. (k) (Class E. License) Wholesale License. (1) (Class F. License) Class F. licenses shall be construed to apply to delivery trucks making deliver- ies within the City of Azusa from wholesale houses or breweries located outside of the limits of said City of Azusa. SECTION 2. No person shall manufacture, sell, barter, trans- port, import, export, deliver, furnish or possess any intox- icating liquor except as authorized by this Ordinance and all the provisions of this Ordinance shall be liberally construed -2- - _0- 0 SECTION B. Any person desiring to enter into he usiness of an alcoholic beverage dealer or an alcoholic.- beverage distributor as defined herein, shall make application in writing for a license so to do, which shall conform to the requirements of this Ordinance and shall be on a form prepared and furnished by the City of Azusa. Such application shall contain the following questionaire, which must be answered in full by the applicant and sworn to and acknowledged by the applicant before a Notary Public or before the City Clerk of said City. In the event said applicant is a firm or corporation, then said application shall be signed by the President and Secretary, or other du;y authorized. officers of said firm or - corporation - (a) R!he name and residence of applicant. (b) The period during which the applicant has resided at the residence given. (c) Whether or not applicant is a citizen of the United States. (d) Applicant's place of birth and if a natur- alized citizen, the time and place of nat- uralization. (e) Whether or not applicant has ever been convicted of a felony giving full details of any such conviction. (f) Whether or not applicant desires to apply for a Class A,B,C,D,E, or F license. (g) The address of the establishment at which applicant proposes to trnsact business under said license and a general description of the class of improvements thereon. (h) Applicant shall be required to give at least three references as to his character and reputation for law observance and of his honesty, integrity and morality. Such application shall be filed by the applicant with the City Clerk and shall be kept with said City Clerk as a permanent record. If, upon investigation, it shall be established that applicant has sworn to an untruth in his application, such act shallbe deemed to be a violation of this Ordinance and applicant shall be subject to prosecution therefor. No license shall be issued under this Ordinance by said City Council to any applicant who has been convicted of a felony or whose reputation is, or past conduct has been, such that the City Council, in its descretion, does not believe applicant could maintain an establishment, if granted a license, with full observance of the provisions of this Ordinance, and the laws of the City, State, and of the United States of America. -4- M That he intends to carry on the business authorized by the License.for himself and.not,as.the,.agent of any other person and that if licensed -he ;Jill carry on such business for -himself and not.as'theyagent of'any other Pperson. - � � ,'�•� -kms r a ; - .. .,. , (j) This application must be'varified,.by the affidavit of the petitioner'made before'a'Notary Public or other person,authorized,by•.law..to admiftister;oaths. If any., false.statement.is made'in any partyof said application, the applicant'or applicants shall be deemed quilty of perjury and upon conviction.thereof-or-afterea hearing,thereon by the City Council.;of the.,City,,`of,-Azusa, .the..license,"c--. may be revoked and any bonds posted"shall be forfeited. (k) The approximate -size of -the applicant's place of business; the number of tables availablefor-patrons and the,approximate,number of'people 2that`can be seated at;any;one timeatany suchitables;.and.the.length.•o£ , counter, space and.., the., approximate numbe_rrof'people whi6h,' .,,. can`be+,seated. thereat.,. n-., c,..-•! r. . SECTION 9. Licenses issued under -authority of.this Ordinance sh.all.be of,theAfolloiving.classes'�and licenses of not more than one of the first five classes shall be issued for use at any, one place..of business. 4.. i r :(1) Cl ass'A.tg"On,Sale,jLicense.".. "On;Sale"'licenses .shall be issued:,only•to .bona: fideprestaurants', public eating places, boarding houses and/or hotels. "On'Sale" ;.,:Y` licenses may,,serve.,beveragestas herein ,defined to, -� to bona, fide guests..and` patrons only,, to•..be served only with-meals•"furnished .in good faith ;at regular public tables' -or the eating counters at`which said,guests' t_ and, patrons are seated or in. the case of. hotels, may be r.,,served,in,guests'. rooms., In,thi ,case; of„.drive-in .11 eating -places,, -such beverages may',beJserved;.riith meals.within the premises. .The term "Premises” when l "applied to drive-in eating places.'includes)the _ ,,,.;.•stands from iv iich'meals are served' and the grounds immedi- ately surrounding such stands on and from which meals are served in the usual and -ordinary course of such business.,, - ` •. (2) Class •B: "Off Sale -Licenses". "Off Sale" licenses may •sell beverages�las herein defined in original packagesfor,.consumption off of the premises only. 1. ;,(3) ,,. -Class C. -"Retail Delivery" asdefined`by,� Subdivisibnj(I)„of Section One. „ (4) -Class 'D.', !'Vfholesale Delivery”„as: definedby Subdivision'.(J),,of,Se6tion One.'�3 ` (5) Class E. .-'lVdholesale Licenses."Y.. (6)' *Class F.-,° Wholesale Delivery"Tas defined by Subdivision (L) of,Sec,tion One., SECTION 10. All applicants for licenses shall pay to the City of Azusa quarterly license fees according to the following schedule before the license is issuede- _6- -5- 40 0 SECTION 18. It shall be unlawful for any person to sell`, divide, distribute or give away any beer, wine or intoxicating liquor to any minor, Indian or habitual drunkard in said city. SECTION 19. It shall be unlawful for any person to drink or consume any beer, wine or alcoholic or intoxicating liquor upon any public street, alley, lane, sidewalk, court or park in said City or any unlicensed place of business. SECTION 20. It shall be unlawful for any person, firm Tr Corporation engaged in the business of selling any wine, beer or intoxicating liquor at wholesale to sell, deliver, distribute, divide, deposit or give away beer, wine or in- toxicating liquor in said city to any person, firm or corporation not holding a valid and unrevoked permit or license from said City, as herein provided. SECTION 21. Every owner, man^ger or employee in any res- aurraant,eating house, boarding house or any public place, who allows to be served or brought in to be served on his premises any beer, wine or intoxicating liquors, in viola- tion of this Ordinance, shall be quilty of a misdemeaner. SECTION 22. No beer, wine or any alcoholic or intoxicat- ing shall be sold, furnished, distributed, divided or given away at any public dance or gathering in said City. SECTION 23. It shall be unlawful for any person to have n their possession, or to transport, sell, divide, distri- bute or give away any aldoholic or intoxicating liquor containing more than 3.2 per centum of alcohol by volume and fit for beverage purposes, in said city, except as in this Ordinance provided. SECTION 24. No license provided for herein shall be issued o any applicant in the event that the premises described in the application and for which such license is extended is within a distance of 300 feet of the ex- terior boundery of any parcel of land upon which any public or private school or school playground or any church building owned by any duly organized religious organization and used exclusively for religious purposes is maintained. SECTION 25.Any license issued under this Ordinance shall e issued at the discretion of the City Council and the City Council herein retains the priviledge of disallowing any application for license and all licenses so issued under this Ordinance shall be and are subject to revocation at any time by the City Council after hearing duly had. SECTION 26. No new or further license provided for herein Mall ever be granted either directly or indirectly to or for the benefit of any person, firm, corporation or organization whose license shall have been revoked as herein provided for. SECTION 27.No license fee paid pursuant to the pro- visions o this Ordinance shall be refunded in the event that any such license is revoked as herein provided for or the licensee ceases to carry on the business for which such license shall have been issued before the expiration of such period. SECTION 28. It shall be unlawful for any person, firm or corporaEion to construct, prepare or maintain any sign -9- outside of a building or on the windows thereof or on the premises so that it may be seen from the street on which appear any of the following words to -wit: wine, beer, bar or saloon. SECTION 29. It shall be unalwful for any person, firm or corporaFion to keep any barrel, keg or other container of drought beer upon the Licensee's premises where such beer is served, unless such container is.so placed as not to be visible to the patrons. SECTION 30. No person holding a Class A or Class B license in the City of Azusa for the sale of alcoholic bever- ages shall cover the windows or doors of the premises where said beverages are being sold by any curtain, screen, paint or any.other material.. SECTION 31. Any person violating any of the provisions of ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall bepunishable by a fine of not more than three hundred ($300.00) dollars, or by im- prisonment in the city jail or in the County jail of the County of Los Angeles for a period of not more than three (3) months, or by both such fine and imprisonment. Every such person shall be deemed guilty of a separate offense for every day during any portion of which any viola- tion of any provision of this Ordinance is committed, con- tinued, or permitted by such person, and shall be punishable therefor as provided by this Ordinance. SECTION 32. 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 affect the validity of the remaining portions of this Ordinance. The City Council of the City of Azusa hereby declares that it would have passed this Ordinance and each section, sub- section, sentence, clause or phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared invalid or un- consitutional. SECTION 33. All Ordinances or parts of Ordinances in conflict w th this Ordinance are hereby repealed. SECTION 34. In view of the modification by federal enactment of the definition of an intoxicating liquor to permit the possession, use and sale of beverages con- taining not more than three and two-tenths percentum of alcohol by weight and of the repeal of the V'lright Act of the State of California and of the uncertainty concerning the present status of local laws governing the use and sale of alcoholic and intoxicating liquors and for the purpose of definitely prescribing the duties of police officers in connection with the enforcement of laws regulating alco- holic liquor and for other good and sufficient cause, the immediate passage of this Ordinance is declared to be necessary as an emergency measure for the preservation of the public peace, health and safety. SECTION 35. The City Clerk shall certify to the passage and adoption of this Ordinance by a four-fifths vote of the City Council and cause the same to be pub- lished once in the Azusa Herald, a newspaper of general circulation, printed, publi.shed and circulated within the City of Azusa, and thenceforeth and thereafter the same shall be in fall force and effect. -10- 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS. CITY OF AZUSA. ) 0 I, Pd. A. Ellington, City Clerk of the City of Azusa, do hereby certify that the whole number of members of the City Council of the City of Azusa is five, and that the foregoing Ordinance was passed by the City Council of the City of Azusa by a four fifths vote of the members thereof; there being four members present, at its regular meeting held on the 4th day of May, 1933 by the following vote to -wit: - AYES: Councilmen: Mace, Morden, Williams, Meier. NOES: None. ABSENT: Councilman Johnson. City Clerk of the City of Azusa