HomeMy WebLinkAbout0170NO2_DIrT,j,_s'7CE I10. ' 170
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AN ORUIITANCE OF THE CITY OF SAN LUIS OBISPO RE, 0- LATING THE
BUSMTE'SS OF SELLING, SLi VII�G, I =� ?ISHING OR GIVING ii`��t'iY TO
OTI-T,RS VIIOUS,. I.'.iLT, OR S'P`IRITUOUS XOIv— IYT01CIC.JING BEVERAGES
CONTAINING LORE THAN ONE --HALF OF ONE PER CENT OF .:ALCOHOL BY
VOLUME AIM NOT 11ORE THAN THREE AND TWO—TENTHS PERCENT OF
ALCOHOL BY �iMGHT; PROVIDING _U!D ESTABLISHING LICENSE FEES
FOR THE SALE OF SUCH BEVERAGES d,1tiTD FOR THE ISSUANCE AND
REVOC ITION OF LICENSES; PRESCRIBING PEN LTIES FOR TIM
VIOLATION OF SUCH ORDIN.ZTCE; .ArD DECLARING SUCH ORDINANCE TO
BE AN ELERGENCY IMEASURE
follows;
BE IT ORDAINED by the Council of the City of Son Luis Obispo, as
Section 1. The term "beverag.et' as used in this Ordinance means
beer, lager beer, ale, porter, wine, similar fermented i_?a,lt or vinous
liquor, and fruit juice, containing more than one--half of one per cent of
-lcohol by volLuae and not more then three and two--- tenths per cent of
<<lcohol by weight.
:section 2. i,o person, firm, association, club or corpor�.tion
within the City of inn uis Obispo, shall sell, serve, give array, barter
or furnish to others, any beverage without first having secL:a:'ed a license
so to do froL. said City us in this Ordinance ijrovided.
section 3. Every person, fire., association, club or corpora: Lion
desiring to sell; serve, give barter or furnish a:ny bever4ige to
others, shall file on appiic, Lion for o license With the City C lerk;
which rpplication shu11 be in writing upon a ford furnished and approved
by the City Council. S:iid �-p�clic� tion sh�.11 contain the nL=e and address
of the apy)lic��nt, a. statement as to whether or not the a_pplicent, if other
then c club, association or corporutlon, is a citizen of the United States,
in the cc'se of Fa club, association or corpor;,tlon, a. statement givint;
the nc:,:.es Paid the citizenship of the principal officers of the sai_Le wind.
the len -th of tiLie durin -vhich such club, associ,„tion or corporation has
beer, organized. SGid application shall further show the j)1ace where the
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,: pliccnt intends to cL�rry on the business of selling, servin,;, giving
b.r-rtering or furnishing such beverages end whether the a.ppiicp.nt
desires an "on sale" or "off sale" license.
.Section 4. Every application shall be filed with the City Clerk
and s -all be presented 'by Lae Clerk to the City Council for ;action
thereon. 1%o license applied for under this Ordinance shall be, issued
except upon order of the City Council and no license shall be ordered
issued by the City Council at the i:. eeting at which such a- pplication is
first presented to the Council nor within six d�-iys thereafter; provided,
however, that for a period of thirty days after the effective date of this
Ordinance any such license may be ordered issued by the City Council at
the meeting at which such application is first presented.
.,section 6. Yo license shall be issued to «ny --person, firm or
corporotion under the provisions of this Ordinance and no uiDplication to
the City Council shell be heu-rd until such person, f i rr-! or torpor -tion
shall hPve executed a joint and several bond to tliie City of 3,7n iLuis
Cbis-,)o -,ri th two or more sureties in the penal sLui of 14,400.00, or a, surety
bond in c like sum, and no License shall be ordered to be issued by the
City Council unless said bond shall be approved by the City Council, s,; -id
bond shall be for tie tel!:1 of on.e year, and shall be conditioned that the
principal in sEtid bond, durin.g the tine th,-;t lie sh,211 hold license
issued under the terns of this Ordinance, will e�_rry on i.nd conduct his
business cnd the plc,ce in or at which the sFL, e shall be conducted, in a -
the ordinances of said City,
quiet, leuJful rind orderly z fanner ,and in conf orriity with/the lows of the
United Motes «nd the 3tete of Coli ornia. If ,: t any tii..e it shall
aipoe�.r to the satisfaction of the City Council after havin6 given the
principal a reasonable notice and op )ortunity to be heard th�,.i, he hv.s
viol, --ted ony of the conditions of his bond or cry ordim.nce of the City
of O"on luis Obispo, or any law of the United ,3t ates or the :�t�-,te of
California, the City Council Liuy declare his bond forfeited.
2 —
Section 6. Before ordering any license issued under the terms
of this Ordinance, the City Council shall hear all persons interested or
concerned in the ;Natter of granting or denying the license applied for
ttnd shill receive and consider all evidence subx'ditted in reference thereto.
':laid Council shill not E r<<nt the license capv,,lied for unless said Council is
satisfied that the - public peace, health and safety will not be hary,,ed or
injured by the granting of such license. a.t;id Council Lxy adjourn the
heering upon any vp-,)lica:tion f roxu time to tune; provided, however, that
final action dust be taken on the t.Dplication within twenty- -eight days
following its presentation to the Council or said application will be
deeiiied denied. Upon cox „pletion of the hearing said Council shell either
grcnt or deny the license applied for; and if said .application be denied,
the :action of the Council thereon shall be final cnd conclusive and not
subject to review; provided, however, that the a,ppli. cent lui-y file a new
application if such applicant so desires.
-section 7 If the license applied for be ordered issued by the
Council, the City Clerk shall issue a license which shall ste.te the aiaount
thereof, tine period of tixf.e covered thereby, the naxae of the person, firm,
associFtion, club or corpore.tion to whoxu issued, the particul;,,r fomi of the
license, whether "off sole” or "on sale" and the location of the place where
the business of selling, serving, giving away, be-rtering or furnishing such
beverages is to be conducted.'
The City Clerk shall deliver x,11 such licenses to the City
Collector for collection, take a receipt therefor and charge the City
Collector for the ariount thereof. In all particulars such licenses shall
be accounted for by the City Clerk and City Collector as provided in
Ordinance 1710. 76 (I,.ew aeries ) of said City.
Section S. flny "license granted under this Ordinance shall Lt u,ll
times be revocable by the City Council and shill be revoked whenever it
appec.rs to sz;id Council, after a• he,.ring at which the holder of such
license shall be entitled to be heard, that the holder of such license is
not a f it and proper person to conduct the business of selling, serving,
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giving -a.w�y., bartering or furnishing beverages, or that the place where
such business is conducted is not a fit �,nd prober place for such business,
or that said business is not. being conducted in ail orderly iAunner, or that
the holder of such license or any servant or el-uployee, eL:ployed by such
holder in and about such business, ha.s violated any of the provisions of
this Ordinance, or any other law or ordinance, whether ITederal, State or
- unicipal, pertaining to and regulating the sale or possession of
alcoholic beverages.
erection 9. a }ll holders of licenses issued under this Ordinance
shall be subject to such rules and regilations as 1::.a.y be adopted froz., tiraae
to tibie by resolution of said City Council.
Section 10.;o license issued under this Ordinance shall be
transferable unless the transferee shall ti::ake application to the City
Council in the same manner and subject to the some conditions as an
original a.p�,-lication, nor shall orgy such license entitle the holder
thereof to conduct said "business at any plc.ee except at tie pl_.ce stated
in slid license.
erection 11. ds separate license sho.11 be t;pplied for u.nd a
separate license fee paid for each branch estrablishnlent or separzAe place
of business.
7ec Lion 12. No beverage, as in this Ordinance defined, shell be
sold, served, furnished or given to any person under the age of 19 years,
nor to any ninor who is then registered as a student in any school, unless
such person is accoiapanied by a. pdrent or legal guardian.
Section 1.3. It shall be unlawful for any person to drink or
conswre Amy beverage, os in this. 0rdirience defined, iwi.thin or upon any
public park, public property or school .property within said City.
Section 14. Nothing in this Ordinance contained authorizes or
sanctions and the issuance of any license hereunder shall not authorize or
sanction the selling, serving, furnishing, giving a.1, ay or use of any
beverage contrary to any paramount controlling provisions of lrtw as the
satLe r1cy obtain from time to ti cie.
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Section 15. The licenses to be issued under the terms of this
Ordinance shall be of four types, to —wit:
1. "aiolesale Off Sale License ", which shall be a license issued
to any person, firr_i or corporation who sells such beverages to solae other
person, firm or corporation for lawful resale, and who does not sell such
beverages for consumption on the premises where sold.
2. "Reta.il Off Sale License ", which shall be a license issued to
any person, firm or corporation who sells such beverages u,t retail. in
sealed; corked, or capped containers for consutilption by the purchaser off
of the premises where sold.
3. "On Sale License", which shall be a license issued to any
person, f irn, or corporation, oi)erating a hotel, restaurant, cafe, grill,
fountain lunch, cafeteria, lunch stand, "lunch room, or soft drink business,
and who sells such beverages for eonsuLiption by the purchaser on the
premises where sold.
4. "Club On Sale License ", which shall be a license issued to a
duly incorporated club which sells such beverages for consumption by the
purchaser on the premises where sold..
Section 16. The license fee to be paid for such licenses shall be
as follows:
For a ""i-7holesale Off Sale License'
per quarter year in advance.
For a "Retail Off Sale License"
per quarter year in advance.
For cn "On License"
per q�uaxter year in advance.
For a, "Club On Sale License"
the sum of �10.00
the sum of P.50
the sum of 87.50
the sum of .0..50
per quarter year in advance.
,,ua.rter years shall begin on the lst de.,y of each January, x pril,
July and October.
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Fo license shall be issued except upon pa.yiiient of a full
aua.rterly license fee whether such license is issued at the beginning
of the quarter or not.
Section 17. !To "On Sale License" or "Retail Off Sale hicenselt
shall be issued to any person or firm or a.ssoci�!,.tion of persons unless
such hers on and e�> ch member of such f irr:i or association has been
established in business in the City of J'an Luis Obispo for at least six
months prior to the date of application for a license or have been
residents of said City for at least one year prior to said date; E,nd no
"On aaie License rt or "Retail Off Sale License" or "Club On 0"Cle License"
shall be issued to �,,ny club or corporation unless such club or corporation
has been established in business in said City for at least si« Months
prior to the date of application for a license or unless the principal
officers of said club or corporation have been residents of said City for
of least one year prior to said date, and unless the principal place of
business of any corporation be located in said City of Sin Luis Obispo and
unless, in the case of a club, such club shall have one of its principal
headquarters in said. City.
Section 18. No "On Sale License" shall be issued except to a
person, firm or corporation operating a bona fide hotel, restaurant, cafe,
grill,. fountain lunch, cafeteria, lunch stand, lunch room or soft drink
business.
Section 19. Yo beverage shall be sold, served, biven Miiay,
bartered, furnished or consumed in any restaurant, cafe, grill, f ou.nta.in
lunch, cafeteria, lunch stand, lunch room or soft drink business except at
some open and unhidden place therein and not behind any curt6ined or
screened or otherwise covered booth or place therein.
:section 20. !,,o license under this Ordinance shall be issued to
any private home or dwelling house but such licenses shall be issued only
to bona fide public places of business or duly incorporated clubs.
Section 21. Igo license under this Ordinance shall be issued to
any hotel having less than 15 guest rooms; and no beverage shall be sold,
served, given away or furnished in any hotel except to a bona fide
registered guest of said hotel or to a guest of such registered guest
and then only at or in the private room of said guest; provided, however,
that nothing in this section contained shall prohibit the sale or serving
of any beverage in any dining room, cafe, grill or restaurant operated in
or in connection with any hotel.
Section 22. No license under this Ordinance shall be issued to
any club unless such club is duly incorporated -and occupies a building
erected for club purposes; nor unless such club his a. bona fide membership
of not less than 50 riembers i�ho pay annual dues of at least ti�10.00. Before
any "Club On Sale License" is issued the City Council stay require td-le
a ppl icunt for such 1 is ens e to file with the City Council the naL es and
addresses of the iaelAbers of said club and such other documents and
inf ormation as the Council Liay require.
Section 23. Yothing in this Ordinance contained shall prohibit
the serving or furnishing of beverages by any person at his home to
mein -hers of his f,,,mi.ly or to his guests as an act of hospitality, when no
money or thing of value is received or promised in return therefor and when
said home is not a place of public resort; nor the selling or dispensing of
beverages for medical purposes by any registered pharmacist upon a
prescription issued by a duly registered physician; nor the selling or
distributing of wine for the sacramental services of any religious
organization.
Section 24. ho license under this Ordinance shall be issued to
any person, firm or corporation conducting a business within any residence
district in the City of .3an Luis Obispo nor within 300 feet of any school
building.
Section 25. vo person, fiiTa or corporation who holds a wholesale
or retail off sale license shall suffer, �-?11ow or permit any beverage to
be drunk or consumed on, in or at his prerlises unless an "On Sale License"
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is also held by such person, f irm, or corporation.
Section 26. Ill on sale licenses shall entitle the holder
thereof to sell and furnish beverages for consumption off of the prei.,.ises
where sold without additional license.
Section 27. 1,7,o beverage shall be sold or furnished by the holder
I
of a.vvholesa-le or retail off sale license except between the hours of 7:00
and 6:00 P.11-. of the sarae day.
Section 28. Ylo beverage shall be sold or furnished by the holder
of an "On Sa.le License" or "Club on Sale License" except between the hours
of 6:00 and 12:00 1,',idnight of the same day.
Section 29.. All licenses issued shall be kept c0ls.-picuously posted
in the premises of the holder thereof.
erection 30. �Ul ordinances of the City of San Luis Obispo to the
extent of their
inconsistencies
herewith, are hereby
repealed.
Section
31. jiny person.,
fir,-o, corporation,
associatiori or club
violating any of the provisions of this Ordinance shall be deeLied guilty
of a miisderaiednor, and upon conviction thereof shall be punishable by a,
fine of not less than 1`1A0.00 nor Laore tham 5P300.00 or by im1prisomient in
the County Jail of the County of San Luis Obispo f or a, period of not More
than 90 days or by both such fine and imprisonment.
Section 32. If any section, sub—section, sentence, clause or
phrase of this Ordinance is for any reason held to be unconstitutional or
unlawful such decision shall not affect the validity of the rei-aaining
portions of this Ordinance. The City Council hereby declares that it
would have passed this ordinance and each section, subsection, sentence,
clause and phrase thereof irrespective of the fact that any one or more of
other sections, subsections, sentences, clauses or phrases iflay be
declared to be unconstitutional or unlawful.
Section 33. In view of the fact that by Ltn .,ct of the Congress
of the United z3tutes, enacted during D.a.rch, 1933, it has becoi.--.e legel'to
sell, possess and transport beverages, Lis herein defined, End in view of
the further fact that unless the provisions, restrictions and regulations
contained in this Ordinance are i.-.Sded iately put into force,ef.-Loect z:,nd
operationj there will be no ordin�ince of said City of San Luis Obispo
reguloting the s-)le and possession of said beverages, which has already
resulted in the indiscriminate possession and sale of said beverages,
an emeriZency has arisen requiring the passage of this Ordinance as an
emergency i-.,,ea-sure. Furtheriiore, should this Ordinance not become
effective irm�ediately, the City of 'San Luis Obispo will be deprived of
c,• large amount of revenue which could otherwise, be collected by
licensinL,, the sale of said beverages as pi;ovided by this Ordinence..
This Ordinance, theref ore', is an ei.aergency iiieusure ,end is hereby
decl�ired to be urgEnt and imruediately necessa.ry for the preservation of the
public peace, health end safety and shall take effect Lind be in force from
-nd after its final passage and &-pprOW-1.1.
Section 34. This Ordinance, together with the ayes and noes, shall
be published for two days before its final passage in the Daily Telegram, a
daily newspaper printed, published and circulated in said City.
I17TRIODUCED '20 PRINT this 10th &,.y of -1pril, 19331 by the
following vote.,
tj
':rE, S Jos. B. Berkemeyer, John Ch.a.-pek, H. :!A]. Cox,. L. 1. Defosset,
L. F. Sinsheimer
NOES: None
13:3)ENT: None
A T TE 3T
&., C,
City Clerk. 411�
Finally passed this 14th day of April 1933, by the following
vote :
Ayes : J.B.Berkemeyer_ John Chanek H. =",.Cox L.J.Befosset, L.F.Dir•sheimPx
Noes Fone.
Absent None,
Attest eimer, Mayor
City c e