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HomeMy WebLinkAbout0048Nr �E ORDINPuvC; ivo . (New Series). An Ordinance Amending Ordinance No.39,(New Series), 2 Relating to the Regulation and Licensing the Business of Selling 3 and Furnishing of Spirituous, Vinous and Malt Liquors in the City 4 of San Luis Obispo. 5 BE 1T OrtD ilNEU by the Council of the City of San Luis Obispo 6 as follows: - 7 Section 1. Ordinance No.39,(New Series), relating 8 to the Regulation and Licensing the Business of Selling and 9 Furnishing of Spirituous, Vinous and Malt Liquors in the City 10 of San Luis Obispo is hereby amended to read as follows: 11 ! Section 2. Every person, firm or corporation engaged 12 in, carrying on or pursuing, within the corporate limits of the 13 ' City of San Luis Obispo, any business or occupation for which a 14 it license is required by the provisions of this Ordinance must z w 15 '!procure from the City Collector a license and pay the fee therefor 16 �'a d 111,I as in this Ordinance provided. Each license shall authorize .n z o� 17 Vt wy ;Ithe party obtaining the same to tbansact the business described 18 in such license at the locality designated therein. A deparate 19 i :license must be obtained for each branch establishment or separate 20 ; ,house or place of business within the City limits. 21 Section 3. It shall be unlawful for do Y person or persons p P 22 ;! to en a e in carry on or g g , y pursue within the corporate limits 23 ;of the Uity of San Luis Obispo, any kind of business or 24 (occupation mentioned in this Ordinance, either in their own names 25 !'or for their own benefit or profit, or as agents or employees 26 ;for any other person or persons, unless such person or persons, 27 ;ftheir principals or employees shall first procure from the City 28 ''Collector a license so to do and gay the fee therefor as in this 29 ';Ordinance provided. Any person who shall violate any of the 30 i 'provisiciis of this Ordinance, or who, without having first obtained 31 I,a license therefor, or, without uomplying with each and every 32 provision of this Ordinance, shall engage in, carry on or pursue any ii ) 7 business or occupation Mor which a license is required by the 2 provisions of this Ordinance, shall be deemed guilty of a :axis- 3 ;I demeanors and upon conviction thereof shall be punished by,a fine 4 of not less than fifteen (15) dollars, and not more than three 5 i. hundred (4,300) dollars, or by imprisonment In the City Jail for ii zi period not exceeding throe months or by both such fine and 7 imprisonment. The prosecution and conviction of any person here - 8 under shall not affect ir.-:any manner or constitute any defense to any civil action brought by virtue of any of the provisions of 10 this Ordinance. 11 i! Cection 4. .1"uit may be brought against any person or persons 12 who engage in,, carry on or pursue 'e;ithin the corporate limits of 13 the City of '.an Luis Obispo, any kind of business or occupation 14 1 mentioned In this Ordinances either in their own names or for their, z own benefit or profits or as agents or employeos for any other per-on or persons, and who fnil, negloct or refuse to first procure; go z 17 a license so to do and pay the fee therefor as provided in this 18 ordinances for the recovery of such unpaid license fee. Said suit may be brought in the n.me of the City of Can Luis Obispo, and all 20 deemed a debt due said City, 21 ection 5. Upon the trial of any action brought under or 22 arising from any provision or provisions of this Ordinance, the 23 defendant shall be deemed not to have procured the required license 24 unless he or she either produces It or proves having paid for It 25 to the proper offiser. 26 '.ection G. All licenses shall be i.,sued and all licen:.e fees 27 , paid at the City Qollector's office; and it shall be the duty 28 of the Chief of Police to -Arrest, or cause to be arrested, z�nd 29 bring before the Police Court for trials every per on whop without 30 first procurli:7!r, a City license therefor, do--s any act for which 31 a license Is required by this .0rdia-ance,, or violates any of the 32 provisions of this 0)rdinancew L-- ,- (2) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 c, P� w � �0,: j 16 43 0 E. 0 Z 17 aka 18 19 ?Z61 21 22 23 24 25 26 ii section 7. The City Clerk must prepare and have printed 11conses of all classes mentioned In tIlAs Ordinance$ for the term of three months and for such shorter term,,-7 as are herein authorized to be Issued, with a blank receipt attached for the signature of the City Collector when issued. oct3 on 8. The City Clerk shall number and sign all liconses,'. , ar .d from time to time deliver themto the City Collector in such quantity as may be required, taking a receipt tLerefor and charging* said Collector therewith, giving In the entry on the stub of the license book and numbers, classes and amounts thereof. 'section 9. The City Clerk imot keep an account with the City Collector of all licenses delivered Issued or returned unissued; ;1 a corroct statement Of tile City Collector's 'License account must li be certified to the ('1TY Council each month by tiro City Clerk. ii Put the City Clerk shall not give the City Collector credit for, il nor shall the City Collector be entitled to or hove credit for . any unissued license., Without first procuring the cancollation the 1; by aad throu.ji the City Council. it c'ection 10. All licenses shall be issued for a term of three months unless otherwise provided and specified in this Ordinance. li ..ection 11. The; quarters for issuing liccnse�,, and paying the foes therefor shall be and commence on t 1; he first day of January, the first day :)f April, the first day of July, and the .:first day of October of each and every year, and all quarterly licenses shall be so issued that the seconA license Issued to the 27 :' Sane person, company or corporation shall be issued On thc,, -first 28 day of tile quarter next ensuing tile time of issuance of the first 29 license, and must thereafter be iz,3ued aild the ifee therefor paid 30 remularly on the first day Of each and every quarter thereafter I (_j 31 ii as long as necessary as in this Ordinance provided. 32 z �aU H a O U d U m Ij t i; 2 „ 4 5 7 8 10 11 12 13 14 i Section 12. All licenses granted under the provisions of this Ordinance shall be issued upon the condition that the same may be revoked and annulled or suspended for any length of time at any time during their continuance, by a resolution of the Council of said City, after full opportunity has been given for hearing on the part of the license holder; or upon hearing the Council may punish any license holder for violation of any provisions of this Ordinance; by imposing a fine of not less than Fifteen ($15.00) dollars or more than Three Hundred ($300.00) Dollars. Section 13. No license shall be issued for any bar -room, saloon, restaurant, hotel or other place where vinous, spirituous, or malt liquors are sold, except upon the order of the, Council of the City of San Luis Obispo. Whenever any person or persons desire to open, keep ob conduct any suhh place they shall petition the Council to order a license issued therefor, which petition shall set forth the names of the applicants, the character of the 15 ; business, and the location of the premises where the business is to 16 be conducted. No license shall be ordered issued within six (6) 17 days from the day that such petition is received by the Council, r 18 and a-ny person interested therein may appear and be heard at time 1 r 19 when petition is acted on. If the Board finds that such applicants 20 are not persons of good moral character, or not sober and suitable 21 persons to conduct such place, or that the proposed place for 22 carrying on such business is not a suitable place therefor, it shall, i. 23 deny the petition. If the petition is denied, no license shall 24 i be issued. 25 Section 14. Licenses for bar - rooms, saloons and other places; 26 where vinous, spirituous and malt liquors are sold by the glass, 27 ;bottle or otherwise to be drunk upon the premises where sold R 28 (other than in hotels and restaurants as in this Ordinance provided)' 29 rshall be known and designed as retail liquor licenses. 30 Section 15. The number of retail liquor licenses in force at 31 one time under this Ordinance shall not exceed fifteen (15),provided,'� 32 (4 ) a�►a f 0 !i E however, that the Council may renew the licenses of.all persons holding retail liquor licenses at the times this Ordinance goes ! into effect even though the number of such licenses exceed 15. The Council may also issue licenses to,any futures owner or successor in interest in such licensed retail 11 quor business As are in existence at the time this Ordi�ancea gees into effect even though the number, of such license's ex ends fifteen, but such hold-ars of licenses or their successors in interest shall petition the Council for a license under this Ordinance,,:. qnd the Council f !; may grant or refuse the same as in the first insti lice, but no license shall be granted to the successor of a business ho.l;ding a license, atL the time this Ordinance goes into effect unl-tar, his petition therefor be aceompa:nied by the signed statement of his immediate predecessor in interest in they businegs to be conducted I under such license, showing that said predecessor in interest has transferred or is about to transfer th.e business for which 4 ss ,. f the license is sought to thet.3tiber�_ i 1 No retail liquor licenso shall be issued -to an person or persons other than those =, holding retail 13gtzor licenses at the i time this Ordinance gees into effect or their successors in interest during the time that the number of licensees in force � in the City of San Luis Obispo, including ,the one sought to be Issued, shall exceed fifteen (15 ).Restaurant liquor licenses i and wholesale licenses may likewise be transferred. Section A. A license .fee "must be paid, for engaging f in, carrying on or pursuing every business .or occupation,mentioned hereinafter in this Ordinancee, Within the cerparata limits of the i City of San Luis•Obisp©, as follows: Sub,1. Every person, company or corporation, To.. at a fixed place of business eels :. any Vinous, spirituous or malt liquors in quantities of one fifth ofd a gallon or" over, 'n 6t t to be dr- unk on the promises uffie.re sold, shall pay a license fee of (: Twent,,y 20.00 Dollars., per quarter; provided that no .license shall, be required, of physicians, surgeons, apotheearies or dehlilsts lbr any _w:Ln #,$ ar. s I .spirituous liquors they-may use in the preparation of medicines, 5ub.2. ror each bar-room, saloon,, or other place where vinoudispirituous or malt liquors afire sold by the glass., bottle or otherwise) to be drunk upon the premises where sold, or any of'' said liquors in quantities not to exceed five gallons and not to be drunk on the promises where the same is sold, a license fee of One Hundred Twenty-five (1125.00) D . ollars, per quarter shall be paid. Sub.3. Every person$ company or corporation keeping a hotel or restaurant within the City where vinous or malt liquors are sold or furnished to guests in such restaurant or hotel.in quantities of not less than one pint, and with meals furnished to guests, shall pay a license f6o of five 05.00) Doll ars per quArter, In addition to any license fee that may be required of keepers of hotels or restaurants by any Ordinance of this City. The words "hotel" and "restaurant" as herein used shall be construed.nnd shall mean a place whore meals are regularly furn- Ished to-trav*lerls and gUestx,,the meal being prepared on the premises with such frequency, and consisting of such variety and quantity when served as is ordinarily furnished.at hotels and boarding houses to boarders who pay a stipulated price for their meals by the day or week. +-- None but vinous or malt liquors shall be sold under such restaurant liquor license, and it shall be unlawful for a person holding a restaurant liquor license to sell any spirituous, vinous or malt liquors by the glass or in quantitie's less than one pint to each customer. It shall be unlawful for the holder of a restaurant liquor license to sel-1 or furnish any spirituous, vinous or malt liquors whatsoever to any person who has"not at 'the-Same time purchased at such restaurant, or hotel a regular !meal which shall cost., exclusive of the liquor so furnished, not less than fifteen cents. (6) 1 I l l {I 1' 1 j NO person, company or firm keeping a hotel or restaurant 2 �! within the City where vinous or malt liquors are sold or furnished 3 4 5 6 7 j to guests in such restaurant or hotel under the provisions of this iOrdinance, shall maintain, keep or operate any back rooms or side rooms or boxes used in connection with said restaurant wherein meals are served to guests. Section 17.- It shall be unlawful for any person, firm or 22 23 24 25 26 27 28 29 30 31 I' 32 ;i li j charge or control of any saloon, or bar -room, or place where any intoxicating, spirituous, vinous or malt liquors are sold either at wholesale or retail in said City, or employee of such person, to keep the same open on any day between the hours of twelve o'clock midnight and six o'clock in the forenoon next succeeding. (7) I 8 ;! corporation, or any agent or employee of any person, firm or 9 ' 'i corporation, within the corporate limits of the City of San Luis 10 Obispo, to sell, furnish or give away spirituous, vinous or malt 11 1� liquor in any saloon, bar -room, sample -room or other place, either 12 i; at wholesale or retail, on any day between the hours of twelve 13 ii o'clock midnight and six o'clock in the forenoon next succeeding. 14 r li Provided, however, that the foregoing provision shall not apply z , ��. 15 j t, to.physicians, surgeons, apothecaries or druggists in the use of 16 , spirituous, vinous or malt liquors by them for medicinal purposes, w a o 17 + and provided further, that no spirituous, vinous or malt liquors 18 j shall be sold, served or given away by any apothecary or druggist 19 } except upon a written physician's prescription, at any hour of 20 day or night. 21 li i+ Section 18. It shall be unlawful for any person having 22 23 24 25 26 27 28 29 30 31 I' 32 ;i li j charge or control of any saloon, or bar -room, or place where any intoxicating, spirituous, vinous or malt liquors are sold either at wholesale or retail in said City, or employee of such person, to keep the same open on any day between the hours of twelve o'clock midnight and six o'clock in the forenoon next succeeding. (7) I The expression "keep open".used in this section means, and shall be held to mean, not only the keeping open of such place in the usual and customary m I anner but also the admission to any such place or presence therein.by or with the.consent or acquiescense of the person in charge of such place, or any employee of such person) or any person or persons other than the proprietor or his servants or employees regularly employed In or about such business.,, Provided that restaurants and hotels may keep open all night but no liquors of any kind shall be sold or given away in any restaurant or hotel under a restaurant liquor license during the, hours between twelve O'clock midnight and sixo'clock In the morning of the succeeding day. Section'll. All bar-rooms, saloons and 6ther places where vinous, spirituous or mILIt liquors are gold must be' conducted in a quiet and orderly manner. No breaches of the peace or disturbance of the public' pea0e, order br decorum by any noise, riotous or disorderly conduct shall be allowed on the premises. Section: 21). It -shall be un'lawful fore any person owning or having.charge of any bar-room, saloon., drinking cellar, or other place where vinDuso, spirituous ,or malt liquor I s are sold by the glass, b6ttle or otherwise to be drunk on the premises. except in restaurants and hotels licensed an in this Ordinance provided, if or for, any employ66 or assistant of such pe rson, to suffer or allow any female, or minor under the age of twenty -one years, or person in a state of intoxication ntoxication tp be or remain in such place, or in'any room or inclosure connected ,.-with such places for any p,4rposeor at any time. Section 44 It shall be unlawful I for any person bo sells furnish or give away any vinous, s-spirituous or malt liquors to any`,, minor under the age df twenty-one years, or to any person in a tj state of intoxication. Section 2,3. It shall be unlawful for any person to sell, !furnish or give away any vinous, spirituous or malt liquors, to be (8) if 1 2 3 4 5 6 7 8 9 10 11 12 13 14 z a 15 w I �aU 16 F a O Z -9 17 a6a 18 21 22 23 24 25 26 27 28 29 30 31 32 1 • \ 1� F drunk on the premises where sold, furnished, or given to any person except in a place having a retail liquor license or restaurant liquor license under the provisions of this Ordinaffimce. Section 23. Tiie City Council shall not remit,return or dispense with, or allow remitted, returned or dispensed with any license fee paid or to be paid under the provisions of this Ordinance under any circumstances whatever. Section 24. It shall be unlawful for any person having charge or control of any saloon.or bar -room or place where spirituous, vinous or malt liquors are sold, either at wholesale or retail in said City to permit or maintain chairs or tables in such saloon, bar -room or place for the accommodation or use of any one in said place of business save the owner or employees therein. Except that tables and chairsfor the accommodation of patrons of such saloon or bar -room may be maintained and kept in a space or place outside of the saloon room proper, and such space or place shall be open and exposed to full view of the patrons inside of said saloon or bar -room, and there shall be no liquor served in any of such side rooms or back rooms. Section 25. It shall be unlawful for any person having charge or control of any saloon or bar -room or place where spirituous, vinous or malt liquors are sold to maintain, keep operate or permit the use of any back yard or beer garden used with or in connection with said saloon ar bar -room or place where such liquors are sold, or to maintain or permit any back or side entrance to such place of busineaq for the use of customers.; Section 26. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 27. This Ordinance together with the Ayes and Noes shall be published for two days in the "Daily Telegram" a Newspaper printed, published and circulated in said City of San Luis Obispo. (9) Finally passed this day of ,1915, by` ttie following vote; -