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01DINANCE NO. 162 (KEEW DRIES)
? OR DIYAYCE D= ��I'Ii ?Iiv'G TIC T RT: EIOLEOi�' G: tIi E" , AND RI UIRII:G
1ERSOITS, ??IT1,3, 10, CORI)O1uTIONS SELLING OFD° .3L:C.I-uIM13G, OFF -
ERTYG FOR 9,1LE OR .`XCE`.NGE, 02 :t AVEN.G IN I'OSSESSIOIT JITH IN-
TEN1' TO SIML OR EXCEL -UNGE, OLEO1LC?GARIITE, '20 OBTjLIN A LICENSE
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UTORILING TH73 * TO DO 30 .�. D TO PAY A LIG_.NSE FE1,41; d1ITD
PROVIDIITG A PET ?ALTY FOR THE VIOLnw'IOI? OF THIS ORWIN, iCE..
EE IT ORDAII? ED, by the Council of the City of San Luis Obispo,
as follows
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Section 1. The word `Poleomargarine" as used in this Ord.ina.nce
shall signify, and it is hereby defined to mean and include, any
manufactured substance other than butter, intended to be used or
suitable for use as a substitute for butter, or which is an iwi—
t ation of butter, or which is intended to be used or sold as an
ingredient or constituent to be used in the preparation of any sub-
stitute for or imitation of butter or of artificial 'nutter.. The
fact that such manufactured substance or preparation may contain
butter as one of its ingredients shall not prevent its being oleo-
margarine within the meaning of this Ordinance,, if any other sub-
stance or ingredient enters into the composition or manufacture
thereof. The term "oleomargari.neE° shall include also any substances
er::braced within the definition of that term contained in subdivision
a. of Section 122 of the General Dairy Law of California, approved
June 15,. 1923, or any ar.endment thereto heretofore encilcted or here-
after to be enacted. The word "butter11 as used in the foregoing
definition shall be deemed. to include nothinb but the fatty con-
stituent of cows' Milk separated by churning, together with such
quantity of salt Sand water as r:iay be needed to render the sbiae suit-
able for use, and such other coiaponents of the milk from which the
said fatty constituent is obtained as in the ordinary rianufacture
of butter are not separated or rerioved therefrom.
Section 2. It shall be unlawful for any person, f ina or
corporation by himself, herself,. or itself, or through his, her,
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or its employee or agent or as the employee or agent: of another,
to sell, exchange, offer for sale or exchange, or have in possess-
ion with the intent to sell or exchange the same or offer the same
for sale or exchange, within the City 'of San Luis Obispo,. State of
California, any oleomargarine,, without first having secured a license
so to do from the City of San Luis Obispo,. State of California.. Any
person, firm,: or corporation maintaining or operating more than one
place of business within the City of San Luis Obispo, State of Calif-
ornia, at which any such product is sold, exchanged, offered for
sale or exchange, or held in. possession with intent to sell or
exchange,the same, shall be required to procure a license for each
of such places of business.
Section 3. Such licenses shall be issued by the City Clerk
of said City and delivered to the City Collector of said City as
provided in Ordinance No. 76 UTexv Series) of said City, and such
officers shall account for all licenses issued and all sums col-
lected for such licenses as provided in said Ordinance.
Section 4. The fee for such license shall be the sum of
Thirty Dollars (030..00) per quarter.
Section 5. Every person, firm, or corporation having a
license herein provided for shall.keep said license continuously and
conspicuously on display in that part of his or its place of business .
frequented by those buying from him or it. Every person,. f irm,.
or corporation having.a license herein provided for shall also
keep the state license to deal in substitutes for butter or cheese
continuously and conspicuously on display in that part of his or
its place of business frequented by those buying froya hire or it.
The posting or possession of said state license shall be prima
facie evidence of a violation of this ordinance unless the possessor
thereof shall have procured a, license as in this ordinance provided.
Section 6. Each separate act in violation of any provision
of this ordinance shall constitute a separate offense and every
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person, firm or corporation violating any of the provisions of this
ordinance shall be guilty of a misdemeanor, and upon conviction
thereof, shall be punishable by a fine not exceeding Five Hundred
Dollars ($500.00) or by imprisonment in the County Jail of the
County of San Luis Obispo, State of California,. for a term not ex-
ceeding three (3) months.
Section 7.. This ordinance is hereby declared to be enacted
in the exercise of the police power of the City of San Luis Obispo,
State of California, and for the purpose of preventing fraud in the
sale of substitutes for butter and the City Council of said City
hereby declares that it would have passed this ordinance and each
section, subsection, subdivision, sentence, clause and phrase
thereof irrespective of the fact that any one or more sections,
subsections, subdivisiong, sentences„ clauses or phrases is de-
clared unconstitutional or otherwise invalid for any reason._
INTRODUCED kND PAS-3D TO PRINT, this 25th day of January,
1932, by the following vote;
AYES: J.B. Berkeraever, John Chapek,H.E. Cox ,.L.J.Defosset,L.F.Sinsheimer.
HOE S; None.
ABSENT: None
L. F .ier Ylayor
ATTEST:
City Cler
lice-, / j" rte
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Finally passed this 14th day of March , 1932, by the
f9llowing vote
Ayes ; J.B.Berkemeyer, John Chapek, H.B.Cox, L.F.Sinsheimer
Noes None,
Absent L.J ®Defosset
Attest ;
Ci y Clerk
. .Sins abler, Mayor
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