HomeMy WebLinkAboutOrd. No. 1933-2201
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ELSINORE
PROHIBITING THE MANUFACTURE, SALE,
TRANSPORTATION AND POSSESSION OF INTOX-
ICATING LIQUORS FOR BEVERAGE PURPOSES
AND PROVIDING PENALTIES FOR THE VIOLATION
THEREOF.
The Mayor and Council of the City of Elsinore do ordain
as follows:
Section 1: For the purpose of this Ordinance the following
words and phrases shall have the meaning as in.this Section set
forth:
(a) The words "intoxicating liquor" wherever used in this
Ordinance shall be as defined in the Volstead Act, ",as the same
was amended on March 22, 1933, by the Congress of the United
States, but nothing contained herein shall be held to apply to
beer, ale, porter, wine, similar fermented malt or vinous liquor,
or fruit juice, containing not more than 3.2% of alcohol by we
(b) The word "person" wherever used in this Ordinance shall
be construed to mean and include natural persons, firms, co-part-
nerships, corporations, clubs and all associations or combination
of persons, whether acting by themselves or by a servent, agent
or employee.
(c) The phrase " Volstead Act" as used herein is defined as
title two of the act of Congress, enacted October 28, 1919, known
as the "National Prohibition Act ", and having been enacted under
the authority of the Eighteenth Amendment to the Constitution of
the United States and providing for the enforcement thereof.
Section 2: It shall be unlawful for any person directly
or indirectly to manufacture, sell or transport any intoxicating
liquor within the City of Elsinore, except as provided herein.
Section 3: (a) Except as hereinafter provided in
Section 4, it shall be unlawful to have, keep, store
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or possess in the City of Elsinore, any intoxicating liquor.
(b) It shall be unlawful for any -erson, whether
oet4ng in his own be'rcif or as agent, servant, officer or e n-
ployee to an`; person, to operate or cause to be operated or
knowingl-
�,7 have in his possession or control, any devise of
any kind designed, used or intended for use in the manufacture
or production of intoxicating liquor for beverage purposes,
Section 4: An-v act concerning intoxicating liquor
which is not unlawful under the term.s of the Volstead Act as
the Same exists or na-,T hereafter be amended, shall not be
unlawful urd-_7 the terms of this Ordinance.
Section 5: Any -cerson who Sall violate an-y of the
-provisions of this Ordinance sh&3_,' be guilty of s misdemeanor
and on conviction tlriereof, sh&ll be punished b-
y a fine of not
exceeding JMO.IDO, or by I.Lrprisonnent in the City
y jail for a
period of not to exceed six,. mont . ns, or by both such fine and
LnDriscnnen-"..
Section S. if acri-,T section, su'psection, sentence,clause
or phrase of this Ordinance is for any reason held to be un-
constitutional, such decisior shall not affect the validity
o-I the remaining portions of this Ordinance. The kiayor and.
Council hereby declare that would -'d have passed this
.1 11 � Ordin-
ancl-_ and each section, ,Sub-sectiori, sentence, clause, and
phrase thereof, of the fact that any one or more
sections, subsections, sentences, clauses or phrases be de-
clared unconstitutional.
ction 7: Ordinance 'No.188 entitled "An Ordinance
prohibitinr� the manufacture, sale, storage, se-vllnx', £jft,
transportation, importation, exportation and possession of in-
boxicatin.� liquors for beverage
- purposes and rcgula'inP: -,'l
other traffic in such li�.-,uo-s; providing penalties for violati
hereof and repealin,.T &11 ot'ner ordinances and parts of ord4ln-
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antes in conflict _erevdith", and alp other ordinances in con-
flict nere,,vith -re hereby repealed.
Section B: _ file Cit'. Clerk shall certify vo the
adoption of this Ordinance an,' shall cause the sa;re to be pub-
lisped once in the "Elsinore Leader Press,
I, va Yalina., the dul elected, qualified and acting
Citv Clerk of the City of Elsinore, California, do hereby cer-
tify that th_e foregoing O: ^r "inanc'e� was duly and regularly in-
troduced on the pj77 Ada;; of �`/ 1933, and was
adopted by the Co? nc9.I of t_;e sa.id. City of 1sinore, a- the
eet:ing held o;. .he /Q at- of � 1933, by the followin
votes
Nees;
lbsent:
Cit Cl r -Elsinore of
I 'hereby approve the fo.-o ,oin; Ordinance this %fJ day
of �/ 1933.
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EB;
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i;ayor of the City,,/Of more