HomeMy WebLinkAboutOrd. No. 1933-222U
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ORDINANCE NO. d
AN EMERGENCY ORDINANCE OF THE
CITY OF ELSINORE REGULATING
THE SATE OF BEER, ALE, PORTER
AND OTHER BEVERAGES, PROVIDING
A LICENSE THEREFOR- AND .A TAX
THEREON.
The Mayor and Council of the City of Elsinore do ordain
as follows-
SECTION 1- For the purpose of this Ordinance the
I
ollowing words and phrases shall have the meaning as in this
section set forth:
(a) "Beverage" means and includes any beer, lager beer,
ale, porter, wine, similar fermented malt or vinous liquor, and
fruit juice, or other fermented beverage containing not less tha
one -half of one per cent by volume, and not more than three and
two- tenths per cent of alcohol by weight.
(b) "Persons° means and includes every natural person,
partnership, association, company, corporation, organization or
manager, agent, servant, officer or employee of any of them.
(e) "Sale" means and includes any sale, exchange, barter
or other act whereby the title to a beverage is transferred for a
consideration, from a manufacturer, 'son sale" licensee or "off
sale" licensee as herein defined, to any other person and the
words "sell" or "sold" mean and include the act of making any
such "sale's.
(d) "On sale license" means and includes a license to
sell beverages at retail for consumption only on the premises in
respect to which the license is issued.
(e) "Off sale license" means and includes a license to
sell beverages at retail in ortinal packages for consumption only
off the premises in respect to which the license is issued.
(f ". P a c k a g e " means and includes any container
for receptacle used for holding or containing beverages, which
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container or receptacle is corked or sealed,
(g) t °Corked" and "sealed" shall mean and include closed
with any stub, stopper, or cap, whether made of cork, wood,
glass, metal or other material.
(h) "Premises" as used in subdivision (d ) hereof shall,
when applied to drive -in eating places, include the stand from
which meals are served and the grounds immediately surrounding
such stands on and from which meals are served, in the usual and
ordinary course of such business.
SECTION 9. Any person desiring a license for "on sale"
or 11 off sale" sales shall make application to the City Council
in writing and such application shall be made upon forms to be
prescribed by the City Council and shall contain the following
inf ormation:
(a) The name and address of the applicant, and if the same
be a corporation or club, the names of its principal officers, or
if the same be a partnership, association, or fictitious company,
the names of the partners comprising the .Association or Company
.with the addresses of each.
(b) The particular place for which a license is desired,
designating the same by street and number if practicable.If not,
by such other apt description as definitely locates it.
(c) The name of the owner of the premises upon which the
business licensed is to be carried on.
(d) A statement that the applicant is a citizen of the
United States and not less than 21 years of age, and that said
applicant has never been convicted of a felony.
(e) 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 .rill carry on such business for himsel'
and not as the agent for any other person.
(f) Whether application is made for "On sale" or "oa`f sale'
license.
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Said application shall be verified by the affidavit of
the applicant made before a notary public or other person author
ized by law to administer oaths and shall be accompanied by a
license fee of $50.00 in the case of an "on sale" license and
;10.00 in the case of an "off sale" license. Said license fee
shall be annual, and in the case of 'ion sale" licenses operating
only for a period of six months or less, the licensee shall be
entitled to a refund of a proportionate amount of the license
fee which shall not in any event make the license paid less than
$12.50.
SECTION 3: "0n sale" licensesshall be granted only to
bona fide restaurants, public eating places, clubs, boarding
houses and /or hotels. "0n sale" licensers may serve beverages as
herein defined, to bona fide guests and patrons only, to be con-
sumed only with meals furnished in good faith at regular public
tables, or at eating counters at which said guests and patrons
are seated, or in the case of clubs and /or hotels, may be served
in guests1rooms. In the case of drive -in eating places, such
beverages may be served with meals within the premises as said
term is defined by subdivision (h) of Section 1 hereof. "Off
sale" licensees may sell beverages, as herein defined, in origin
al packages for consumption off of the premises only. It shall
constitute a misdemeanor, punishable in the manner hereinafter
provided, to serve or make sales of beverages in violation of
the manner herein prescribed and such violation shall constitute
grounds for suspension or revocrtion of permit by the City
Council upon notice an-1 hearing. Any person violating any of the
provisions of this Ordinance, or selling beverages without ob-
taining the permits rS r sale thereof as required by Section 2
hereof, or failing to pay the license fees provided by Section 2
hereof, shall be guilty of misdemeanor, and shall be punishable
by fine not exceeding Three hundred dollars, or by imprisonment
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in the City Jail not exceeding six months, or by both such fine
and imprisonment.
SECTION 4: Each holder of an "on sale" or "off sale"
license shall pay to the City of Elsinore, a. tax of 50� per bar-
rel upon beverages sold by said licensee in the City of Elsinore
The said rate shall in the case of beverages sold in containers
or less than one barrel be proportioned at the rate of 31 gal-
lons as the eouivalent of one barrel.
Said tax shall be collected by the City Clerk of the City
of Elsinore and said tax together with any end all license fees
collected hereunder shall be paid by him to the City Treasurer,
who shall apper!tton the same as follows:
25% thereof into the City Hall. Bond Fund to be used either
for the construction of a City Ball Building, or for
the redemption of principal or interest of bonds
issued for that purpose; and,
75% thereof into the general fund of the City of Elsinore.
Said tax shall not be collected nor levied more than once upon
any one container or quantity of such beverage.
Each licensee hereunder shall submit on or before the
10th day of each and every month, to the City Clerk, a sworn
statement of the amount of such beverages sold by hire during the
preceding calendar month, which statement shall be accompanied
by the tax hereinabove provided for.
Each licensee hereunder shall permit the City Clerk at
any reasonable time, to examine his books of account and premis-
es, for the purpose of verifying said statements provided 1-or
herein.
SECTION 59 Upon receipt of an application for a license
and the license fee, the City Council shall thoroughly investiga
and deny the application if;
(a) The applicant is not of good moral character; or
(b) The premises and equipment or the plans and specification
thereof in respect to which the license is to be issued, are in-
jurious to the public health and safety; or,
(c) The applicant has had a license forfeited, suspended or
revoked under the provisions of this Ordinance; or,
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(d) The applicant subsequent to the passage of this Ordin-
ance and withon one year prior to filing his application, has
been convicted of a violation of any law concerning the manufact-
ure, transportation or sale of liquor or has been convicted of a
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elony under the laws of this State, the United States, or any
State of the United States; or,
(e) The premises wherein said license is proposed to be
exercised or the proposed sale of beverages therein violates any
building, zoning, health., safety or police ordinance or any law
of the United States or of this State. The C 1 t y Come it ,gay
consider any objections or protests to the issuance of licenses
and theCouncilmay grant or refuse to grant_.the license applied
for if the applicant does not comply with the provisions of this
ance,and shall issue said license if the application complies
with the provisions hereof.
SECTION 6, Every license issued under this Ordinance' shall
forth the name of the person to whom it is issued. If the license
is issued under a fictitious name such license shall set forth in
addition to said name, the name or names of each of the persons
conducting the business under the fictitious name. The license
shall also specify the location by street and number of the prem-
ises or other designation sufficient to identify it in respect to
which the license is issued.
Each license shall be signed by the licensee, shall be non-
transferable, shall be posted in a conspicuous place in the prem-
ises in respect to which it was issued, and shall be exhibited to
any representative of the City Co u n e it or any peace officer.
Each license issued hereunder is separate and distinct
and no person shall seek to exercise the privileges granted
under any license other than the license he holds. A separate lie
ense shall be issued for each specific business and each location
and each license is applicable only to the premises in respect to
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which it is issued. The City Council shall determine what con-
stitutes a single store, business, premises or establishment wi
respect to the issuance of a license hereunder.
SECTION 7;.The City Council may upon its own motion
and shall upon the verified complaint in writing of any person
investigate the action of any licensee and shall have power to
temporarily suspend or permanently revoke a license issued here-
under for any of the following acts or omissions:
(a) ;tisrepresentation of a material fact by the applic
in obtaining a license;
(b) If the licensee violates or causes or permits to be
violated any of the provisions of this Ordinance;
(c) If the licensee commits any act which under this
Ordinance would be sufficient ground for the denial of an applic-
ation for a license.
Prior to the revocation or suspension of any license
by the City Council ten days' notice shall be given to the licen-
see by personal service or by registered mail directed to the
licensee at his latest address of record. Licenses shall be sus-
pended or revoked by the City Council, only upon notice as prov-
ided herein and upon a hearing at which the licensee may attend
and show cause why his license should not be revoked. The deters
ination of such board after such hearing shall be subject to re-
view by a court of competent jurisdiction.
SECTION 8: It shall be a misdemeanor, punishable by
fine not exceeding Three Hundred Dollars, or by imprisonment in
the .Cit y jail not exceeding six months, or by both such fine
and imprisonment, to sell beverages, as said term is herein de-
fined, to any person under the age of nineteen years.
SECTION 9: The holder of each t'on sale" permit shall
have and possess the right, without further payment of license
I
ees or taxes, to exercise the rights of an "off sale" licensee
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and to make 11off sale" transactions on the premises covered by
the "on sale's license.
SECTION 10; If any section, subsection, sentence, clause
or phrase of this act is for any reason held to be unconstitut-
ional, such decision shall not affect the validity of the remain
ing portions of this Ordinance. The City Council hereby declares
that it would have passed this Ordinance, and each section, sub-
section, sentence, clause and phrase thereof, irrespective of
the fact that any one or more other sections, subsections, sen-
tences, clauses or phrases be declared unconstitutional.
SECTION 11; The license fees herein provided for shall
be in addition to any business license provided for in any other
Ordinance of the City of Elsinore.
SECTION 12; ORDINANCE NO. 99/ and all Ordinances and
parts of Ordinances in conflict herewith are hereby repealed.
SECTION 13; This Ordinance is hereby declared to be an
emergency Ordinance, and it is necessary for the immediate pres-
ervation of the public peace, health and safety, that the same
go into effect iml- ediately upon its passage. That a statement
of the facts constituting the said emergency is as follows;
That an urgency Act has been passed by the Legislature
of the State of California, specifying the conditions under
which municipalities may license the sale of beverages. That
the sale of such beverages will be lawful in the City of Elsin
on the 10t, of May, 1933 and it is necessary that the City
regulate and license the sale of said beverages by Ordinance
which shall be effective on or before that date, otherwise the
sale thereof would be unregulated and unlicensed in the City of
Elsinore.
SECTION 14: The City Clerk shall certify to the adoption
of this Ordinance and shall cause the some to be published once
in the Elsinore Leader- Press.
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I, C.J. Kalina, the duly elected, qualfified and acting
Clerk of the City of Elsinore, California, do hereby certify that
the foregoing Ordinance was duly and regularly introduced at an
adjourned meeting on May 11 1933, and was adopted by the City
Council of said City of Elsinore at its regulor meeting held on
the 8th day of May,1933,by the following vote;
Ayes: eap ✓U�88Q— �' /�j�
�8 YV 9F�2
Noes;
Absent; 2
TI'tYC-LrR or the City of Els ore
I hereby approve the foregoing Ordinance this ? day
of Eay,1933.
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