HomeMy WebLinkAboutOrd. No. 1933-2210
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ORDINANCE NO. 221
�3 ORlilv_dCL OF '21-L Un-.l Y OF ELSiNOR-
REGULATING 12Hl+:
SALT; OF BEER, ALW, PORTER AND OTHER BEVERAGES, AND
P:';OVIDING A LICENSE THIEREFOR.
The City Council of the City of Elsinore does ordain as fol
Section 1: it is hereby declared unlawful for any person
or persons, corporation, organization, club, society, partnership
or any other combination of persons to establish, open, %eep, mail
tain, carry on or assist in carrying on, either as principal,agen-
clerk, servant or employee, any place where beer, ale, porter or
any malt or fermented liquor, containing one -half of one per -cent
or more of alcohol by volume, and which is fit for beverage pur-
poses, and the sale of which is otherwise lawful within the City
of Elsinore, without first complying with the terms of this ordin
ance and obtaining a permit from the City Council as herinafter
provided.
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Section 2: Anyone desiring to conduct a place for the sale
or dispensing of such beverages as are defined in Section 1 hereo ,
shall apply to the City Council in writing for a permit, which ap
plication shall specify:
(a) The name and address of the applicant, and if the same
a corporation or club, such application shall state the names of
its principal officers, or if the same be a partnership, associat
ion or fictitious company, the names of the partners comprising
the association or company, with the addresses of each;
(b) The location of the proposed place where said business
shall be conducted;
(c) Whether a permit is desired for (1) wholesale, (2)
(3) consumption on the premises, with lunch, (4) for sale on
draught on the premises.
The applicant shall deposit with the City Clerk with each
application, a fee of Five and no/100 ($5.00) Dollars, which sha
be returned to the applicant unless said application is granted,
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and the applicant fails or neglects to take out a licensee
Section 3: No such application shall be granted at the mee�_
ing at which the same is presented, but shall be read at such
meeting, and at the following regular meeting of the Council,said
Council shall determine whether or not the public interest, conven
ience and welfare, require the issuance of the permit applied fo
and the permit may thereupon issue.
The following reasons shall be deemed sufficient for a
denial of said permit:
(a) The unsuitability of the place proposed, or such con-
struction or arrangement thereof as in the opinion of the Council
would make the same difficult to exercise the proper police super
vision and inspection thereovere
(b) Previous conviction of the applicant of violation of the
Ordinances of this City, or of the laws of the State of California,
or of the United States of nmerica, regulating gambling, narcotic ,
lotteries or intoxicating liquors, provided however, that no ap-
plicant for license under the terms of this Ordinance who has pre-
viously been convicted of any violations as defined in this par-
agraph shall be granted such license till he shall have deposited
,n'ith the City Clerk of the City of Elsinore, a good and sufficien
Bond, executed by some reliable Surety Company for the sum of
,1500.00, or a property Bond in the sum of X1,000.00, executed by
two property owners of the City of :Elsinore, who shall certify
under oath that they are the owners of unencumbered real estate
in the City of Elsinore, of an established value of the amount of
said Bond, the terms of which Bond shall provide for the forfeit-
ure to the City of Elsinore, of the full amount of the Bond upon
conviction of the licensee, or any servant, agent or employee there-
of, or violation of any of the provisions of this Ordinance or of
a violation of any of the laws of the State of California, or of
the United States of '�zrerica, .relating to gambling, lotteries,
narcotics or intoxicating liquors, committed on the premises, and
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upon forfeiture of the Bond herein described, the proceeds there
of shall be paid to the City of Elsinore as liquidated damages
for the violation of said Ordinance.
(c) That the applicant has at some prior time had a permit
issued under the terms of this Ordinance, revoked for reason.
(d) That it shall appear to the Council that the issuance
of such permit would be contrary to the peace and welfare of the
Public and that the public interest and convenience do not requ
the issuance of said permit.
Section 4: Any permit granted under the provisions of this
Ordinance may be revoked by the Council after five (5) days notic
to the permit holder, requiring him to appear before the Council
at a certain time and place to show cause why said permit should
not be revoked, for any of the following reasons:
(a) For the non - payment of any license fee provided by any
Ordinance of the City of Elsinore;
(b) For failure to observe any of the rules or regulations or
provisions set out in this Ordinance;
(c) For any cause which, in the opinion of the Council, makes
it contrary to the public interest, welfare, convenience and nec-
essity for the permit to be continued.
Section 5: (a) It shall be unlawful for the holder of a Per-
mit for wholesale purposes, to sell within the City of Elsinore,
any of the beverages described in Section 1 herein, in smaller
quantities than case lots of twenty -four (24) pints each, and he
shall not permit the consumption thereof on the premises where so
(b) It shall be unlawful for the holder of a permit for re-
tail purposes to sell any of the beverages described in Section 1
of this Ordinance, to any person except in sealed,original package
,
and he shall not permit the consumption thereof on the premises
where sold.
(c) It shall be unlawful for the holder of a permit issued
for consumption on the premises, with lunch, to serve such bever-
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ages for consumption on the premises to any except the purchaser
of a bonafide lunch or meal.
Section 6: The license fee to be paid for the permits pros
ided for in this Ordinance shall be as follows:
(a) For a wholesale permit $100.00 per annum, payable annual-
ly in advance;
(b) For a retail permit (not to be consumed on the premises)
$60.00 per annum, payable annually in advance;
(c) For a. permit for consumption on the premises (to be ser
only at table with a bonafide lunch) $80.00 per annuls;., payable
annually in advance.
(d) For a permit for sale on draught or otherwise for
tion on the premises with or without lunch, $160.00 per annum,
payable annually in advance.
Section 7: Upon the granting of every license under the
terms of this Ordinance, the applicant shall deposit with the Cit
Clerk, the sum of One Hundred and no /100 ($100.00) Dollars in
cash as a bond, or a surety bond in the amount of $200.00, which
amount shall be forfeited to the City of Elsinore, upon convict-
ion of the licensee, or any servant, agent or employee thereof,of
violation of any of the provisions of this Ordinance or of a viol
ation of any of the laws of the State of California,or of the
United States of America, relating to gambling,lotteries,narcot-
ics, or intoxicating liquors committed on the premises. Upon the
surrender of said permit and providing no forfeiture has occurred
as herein provided, said sum shall be returned to the holder of
said permit.
Section 8: It shall be unlawful for any person to sell an
of the beverages described in Section 1 of this Ordinance within
the City of Elsinore, to any person under the age of eighteen (1
years.
Section 9: Upon conviction of the licensee hereunder, or
any servant or employee thereof before any court of competent
indiction, of any of the terms of this Ordinance, or of a
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violation of any of the laws of the State of California, or of
the United States of America, relating to gambling, lotteries,
narcotics or intoxicating liquors, committed on the premises,
the license shall,in addition to any other penalties prescribed
herein, be automatically forfeited and revoked, and no license
for the sale of beverages described herein shall be issued here-
under to the same person or to any of this employees or agents
for a period of at least thirty (30) days after such revocation.
Section 10 It shall be unlawful for any person to conduct
a place for the sale or dispensing of such beverages as are
defined in Section 1 hereof, at any other than the place specif-
ied in his application for license, and a separate license shall
be required for each and every place where such business is con-
ducted.
Section 11 No permit issued under the terms of this
Ordinance shall be transferrable either by contract or operation
of law.
Section 12: All fees, penalties and the proceeds of any
forfeiture of bond or cash provided for herein shall be paid as
follows:
25% thereof into the City Hall Bond Fund, to be used
either for the construction of a City Hall Building or for
the retirement of principal or interest of bonds issued for
that purpose; and,
75% thereof into the general fund of the City of
Elsinore.
Section 13: Should any plm ase, clause, section or portion
of this Ordinance be declared unconstitutional, the same shall
not affect the remainder of this Ordinance and the City Council
hereby declares that it would have passed the remainder of this
Ordinance irrespective of whether the part so declared to be un-
constitutional was contained therein or not.
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Section 14; Any person, firm, corporation or club viol-
ating any provision of this Ordinance shall be guilty of misdemea -
or and upon the conviction thereof shall, in addition to the autoi
matic revocation of license hereinabove provided for, be punish-
able by a fine of not more than $300.00, or by imprisonment in
the City Jail of the City of Elsinore, for a period of not more
than six (6) months, or by both such fine and imprisonment.
Section 15: The City Clerk shall certify to the adoption
of this Ordinance and cause the same to be published once in the
Elsinore Leader Press.
I, C.J. Kalina, the duly elected, qualified and acting
Clerk of the City of Elsinore, California, do hereby certi:�r
that the foregoing Ordinance was duly and regularly introduced
on the, % day of 4�aiL 1933, and was adopted by the Council
of the said City of Elsinore, at the meeting held on the /0 _6�l ay
of April,1933,by the following vote:
A��a���
yes:
"s o✓e� � -ezeI��
Noes: � cz "� ec? C o C7
Absent:
n
s
I hereby approve the foregoing Ordinance thi. /D day
of April,1933.
:E
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mayor of the Cit of inore