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HomeMy WebLinkAboutORD NO 64 ORDIN~ICE NO. NEW 'SERIES. -'.'... ~30RDIN~3CE ENFORCING. THE PROVISIG~.~. )~TICLE EIGHTEEN OF THE CONSTITUTION UNITED STATES PROHIBITING T}~ M~UFACT~ S~iE, STOraGE: ~EVICE, GI~, T~;SPORTATION, IX~ORTATION OR E~ORTATION OF INTOXICATING LIQUORS FOR BEVEraGE PU~OSES; REGULatING ~iL OTHE TRAFFIC IN SUCH LIQUORS; CEATING A END ER THE ENERCE~IE~T NEEOF' ~D PRO- VIDING PEN~iTIES ~R VIOLATION HE~OF. ' follows: SECTION 1. THE COUNCIL OF THE CITY OF B~KER~FIELD, do ordain as This entire ordinance shall be deemed to be an exercise of the power granted by article eighteen of the. constitution of the United States and of the police power of the City of Bakersfield for the protection of the public health, peace, safety, and. morals of the people of ss~id city.~ and all of its provisions shall be liberally" construed for. the accomplishment of these purposes. SECTION 2. The words "intoxicating liquors" or "into=x~cating liquor" wherever=used in this ordinance, shall be construed to include any distilled, malt, spirituous, vinous, fermented or alcoholic liquor, which conta.ins more than one-half of one per cent, by volume of ..... alcohol, and all alcoholic liqu~ids and compounds Whether proprietary,. patented or not, which are potable or capable of being used as a beversge, and which contain more than one-half of one per cent, by volume of alcohol. For the purposes of this ordinance a wholesale druggist is one w~o sells drugs' at wholesale and. not .to the general pubt. ic, A retail dr~ogist is a registered pharmacist, authorized to practise in this state, conducting a regular SECTION 3 ' ' In the interpretation of this ord. in~'ce ~rds of the. ~iRgular 'n~ber shall be deemed to include their plur~s, ~d words ........ of the masculine gender sh~l be deemed to include the femi~'i~]~"~'~a~T~ neuter, as the case may be. The wo~d "pSrson" wherever used in this ordin~ce sh~l ': "' "'. be construed to me~ ~d. include natural persons, rims, copartner- "' ships, corporations, clubs and ~1 associations or combinations of persons, ~ether acti~ by themselves or by a server, ~ent or employee. SECTION 4. It shall 'be unlawful for any person, directly or indirec~r .ly, to manufacture, receive, sell, serve, give away, transport, or otherwise dispose of any intoxicating liquor within the City of' Bakersfield, or to import any. such liquor into, or to export any such liquor from said city, except as provided herein. SECTION. 5. It shall be unlawful for any person, while on any street, alley, park, road., or highway, or in any car, areoplane, boat, motor or other vehicle or means of transportation, or in any club, hotel, hall, theater, store, or other public or semipublic place in said city, to have on his person or in his possession any intoxicating liquor, except as provided herein. SECTION 6. It shall be unlawful for any person to have, keep or store any intoxicating i'iquor in any public, or semipublic place in. 'said city except as provided. herein. . SECTION 7. "". It sh~ll be mlawful for ~y person to solicit, t~e receive. ~y order for intoxicati~ liquor, or to give infomation' how such liquors may' be obtained or where such liquors are; except that persons holdi~ v~id peruits to msufacture or sell intoxica-... ti~ liquors for.nonbever~e purposes, may accept orders for such liquors on ~e premises where they may be legally sold, ~d represen-. tatire of such m~ufacturems and of wholesale dr~ists may ts~e orders for such' liquors from persons holding valid peruits to purchase same. SECTION 8. It shall be unlawful for any person to advertise in said city, any intoxicating liquor by means of any sign or billboard, or by circular, poster, price list, newspaper, periodical, or otherwise, or to advertise the manufacture, sale, keeping, for sale, or furnishing of such liquors,. or the person from Whom, or the place where, or ~he price at which, or the method by which any such liquors may be obtain- ed; provided, that msnufacturers and. wholesale druggists, holding. valid permits under this ordinance, may send price lists to those to whom they may legally sell such liquors. It shall be unlawful to permit any sign or billboard., painted., erected or otherwise constructed in said city, containiD~ -any advertisement, rendered unlawful by this section, to remain upon one's premises, or to circulate or distribute any circulars, price list or other advertisement rendered unlawful by this section. SECTION 9. ing anlawful: (a) The manufacture of intoxicating liquors for non- beverage purposes by any person hol.dir~ a valid permit so to do, obtained as herein provided. -.Nothing in this ordinance..shall be.-construed .as--.re~der~ (b) on the premises where lawfully manufactured .or in .any.~.p. lace where such .... . ...., .:.~..:'!f... · ..:_ · liquors may legsally be sold, or in cellars, vaul.ts or warehouses .. . . kee "~. "'~' o,med or leased by persons holding.~ valid permits 'to manufacture, . p or sell such liquors for non-beverage purposes, or the keeping o'f'. :: '- ..... """ wine for sacramental purposes in any church or in the residence of'the pastor or priest of any church, or the distributing and use of wine at any sacrsanental service. : (c) The sale and delivery of intoxicating liquors by those lawfully manufacturi~ the same or by wholesale drag. gists holding,., valid permits. so to do, to other manufacturers of such liquors or to other wholesale dr,~g~gists or to retail dr ~uggists hold- ing valid. permits under this ordinsnce; provided, the persons s6"' sell'~-...5. in~g such li%uors shall keep a record of all liquors so sold in Which.. shall be entered the date of the sale, the kind of liquor sold, the quantity of each .kind, and. the name and address of the person to whom sold., such record to be open to public inspection;. provided, howeyer, that where spirituous liquors are sold the records required to be kept by the United States Internal Revenue Department shall be suffic-" ient record and provided. further, that the person so selling such liquor shall securely fasten to the container holding it a legibly written or printed statement, in English, signed by said person and giving the followin~ information; Rind and quantity of contents, by whom sold. (g:ivi~g name and address)to whom sold (giving name and. address), and date of sale. It shall be unlawful for any person to remove 'such statement from such container, until said. container and contents have .' been delivered' to' the purchaser' at the address stated in such sta~e¢.....-..:~--::... ment, and it shall be unlawful to empty all or part of the contents said statement, end when the con.teh~S.'~f any emntied from it, said statement sh~l L~i,~ediately b.e~emoved ~d" ~ . de stroyed, · (d) The sale or furnishi~ of wine for sacr~ent~ pu~oses by the manufacturer of .the s~.me or by retail druggists, holding valid permits so to do obtained. under this ordinance; pro- vided, such wine is furnished only to a regularly ordained priest or minister oruupon the written order of the local official board. or governmental body of a religious organization, and that the person furnishin~ such wine shall· keep, a record in which shall be entered the date of the furnishing, the quantity furnished sad the signature of the person obtaining the same, such record tO be open to public inspection; and provided, furthe'r, that the person ~o furnishing such wine shall securely fasten to the container holdin~-~. it a legibly written or printed statement in English, signed by said persons g. ivi~g the followi~5 infonna~ion; kind end quantity of contents, by whom furnished (givir~-~ name and address), to whom furnished .(giving name end. address), date of furnishi~.-~, .and a statement that it was fungi shed for sacramental purpo sea, It shall be unlawful for any person to remove from any container holding-- wine obtained for sacramental purposes the statement provided for in ~nis section or to use all or part of said wine for any purpose other than sacramental purposes, (e) The dispensing of intoxicati~ liquors by retail d. ruggis~ts,. holding valid permits so to do, for medicinal purposes only, upon a prescription issued·, Signed. and dated by a duly licensed physician regularly practicing his profession;. provided that the. n~-ne of the person applyi~tg for the prescription. and. the name end. """ address of the person for whose use-the prescription' is made st~.all be inserted therein by the physioian issuing. the same .at.~...~...... prescription is made or given, and. that not more t.he~ '..n.e.j.s.~e "e~.D!' '.~:!>:'. "' furnishin~ is made upon such prescription, that nOt.mere. ~-~han eight o~ces of spirituous liquor, ~d. not more th~ sixteen.· o~ces of vinous or malt liquor, is sold on ~y one prescription, ~d that all such prescriptions are kept on file at the'place of business of said dr~ist, open to p~blic inspection; ~d provided further, that said dr~ist shall paste ~pon or securely fasten to the container hold. i.~.. s~ch liquor a l~ibly written or printed copy of the prescription on which' such liquor wa~ furnished.. It sh~ll be ~la~f~l for ~y person to remo~e said copy of. s~ch presmcriptiOn from said. container ~til all of the liquor has been removed. therefrom, ~d it sh~l be ~la~f~l to empLty ~1 or part of said liquor from said container ~tii it has been delivered at the address ment'ioned in said presc.~iption or to ~se said liquqr for ~y. purpose other then the medicin~ purpose for~Aich it was furnished. (f) The sale ~d delivery by ~y person, holding' a valid petit so to do obtained ~s herein provided, of ethyl alcohol to m~ufact~rers of toilet, med. icin~, ~tiseptic, culinary or other non- bever~e preparations, or to the s~perintendent or a~thorized officer of a-hospital, m~se~ or laborato~ or of ~ art, educational or nublic institution; provided, such m~ufacturer, s~perintendent or ~ther person has ~ valid petit, obtained as herein provided, to receive ~d possess s~ch alcohol; ~d. provided, further, that the' person selli~ such alaohol sh~l kepp a record of all such s~es in ~hich shall be entered the date of the s~e, kind ~d q~tity of liquor sold, ~d the n~e ~d ~dd. ress of the person to whom sold; s~ch ~9~.~p._~.~__ODen to p~blic inspection; ~d provided, further, that the person sellin~ such alcohol shall securely fasten to the container holdi~ it ~ legibly ~ritten or printed statement in ~lish, si~ed by said person, ~d ~ivin~ th'e follo~in~ info~ation; kind ~d q~- tity of contents, by whom sold (~ivi~ n~e ~nd address), to ~om "' sold (givi~ n~e ~d &ddress)~ purpose for which sold, ~d.~ the d~te of sale. When' any container i.s emptied. the aforesaid statement shall forthwith be removed therefrom and destroyed. .uI:..t:_..'shall be unlawful for any person to remove aforesaid. statement from such con- tainer until all of the alcohol has .been removed therefrom, and it shall be unlawful to empty all or part of said alcohol from Said . container at any place other than the address. of the purchaser as given in said statement, or for any purpose other-than for which it'. was sold. (g) The manufacture and' sale of such preparations as flavoring extracts, .essences, tinctures and perf~nes which do not contain more alcohol thma is necessary for l~itimate purposes of extraction, solution or preservation, smd of remedies which do not contain more alcohol than is necessary for extraction, solution or preservation and which do contain drugs in sufficient quantities to medicate the compound; provided, that when any of the aforesaid pre- parations are manufactured in the City of Bakersfield. they shall 'be manufactured'only by persons holding such permits to keep alcohol for' non-beverag~e purposes, and such preparations, whether, made in the City of Bakersfield or imported, shall be sold only for lawful purposes ~..d not as beverages. (h) The keepingo of any intoxicating~.-~ liquor obtained before this ordinance ,~ose into effect at ~ time when and. a place where such liquor can be legally sold by any person at his home and tn'e Servi~: of same to members of his family or to guests, as an act of hospitality, when nothing of value or representative of value is received. in return therefor, and when sucia home is not a place of public resort. (i) The transportation out of or into the City of Bakersfield. of.intoxicating.~ liquor for non-beverage purposes when such liquor is -,~hipped or received by a person holding. a valid permit obtained as herein provided to manufac. ture, sell or receive 'such. liquor'.- and provided there is securely fastened to the container holding such liquor a l~ibly written or printed statement in EngliSh, signed by the skipper and giving the following information; kind and quantity of liquor therein, by whom sold (giving. name and address), to whom sold. (giving name and addresS) purpose. for v~ich sold and date of sale It shall be unlawful ~o remove aforesaid statement from'. said container ~fnile in transit within the City of Bakersfield. SECTION 10. It shall be unlawful for any person to carry or transport any intoxicati~E liquor within, into or out of the City of Bakersfield.. "without having on the outside of the container holdir4E such liquors the written ~r printed statement required in the various 'par~.raphs of section nine of this ordinance, and said statement must be so attached that the wor'ds thereon may at all times be easily seen and read. SECTION ll purpo sea, Permits to sell intoxicatiD~E 'liquor for non-bewersge subject to the limitations and provisions herein provided, shall be is:reed by the Council of the City of Bakersfield to whole- sale and retail druggists. Permits to manufacture, import, sell and expor~ intoxica- ting liquor for non-b'everage purposes, subject to the limitations 'and pr. ovisions herein provided, shall be issued by the Council of the 'City of Bakersfield to such persons as make' sufficient showing that they have a legitimate demand, under this ordinance, for intoxicating~ liqC~Ors f~r non'beverage purposes. Permits to buy and. keep alcohol for non-beverage '! put- poses shall be issued· by the Countill of the City of B.akersfiel'd,..:.t'e':. :':~'':. '.~:'. ': manufacturers of toilet, medicinal 'antiseptic, culina.ry' or other""' non-beverage preparations, and to the superintendent or authorized officer of any hospital, museum or laboratory or of any art, ed. uca- tional or public institution. SECTION 12. Any person desiring to obtain a permit as'provided herein shall file-written application with the said Council of ti~e City of Bakersfield ~iving his name and address, nature of h~'.s business or official position and full statement of grounds on which application"' is made. The said Council shall issue a permit when it is shown by applicant for such permit that he has a legitimate demand 4~or intoxi- cating liquors and that he will observe all laws relating to the sale of such liquors'. Such permits shall be for two years; provided that any such permit; my be revoked by the Council if after ~ hearing notice of which has been given"to the holder of such permit, said Council shall~b~tisfied that said holder has not observed the law relating to sale of intoxicating liquor. When any such permit shall have been .revoked, it shall be discretionary with the Council whether or not any new permit shall thereafter be issued to the holder of the permit 'revoked. SECTION 13. ~my person holdin. M a permit, obtained as herein provided, who manufacturers, sells or furnishes intoxicating liquor in violation of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than Two hundred and. fifty ($250.00) dollars nor more than Five hundred. ($~00.00) dollars or by imprisonment in the County Jail for a period' of not more than one hundred eighty (180) days or by both such fine and imprisonment. .. SECTION 14.' · ..=..~-..~, Whenever any person shall have been ·issued ~under any .law of the State of California. or under any law of the United States, or by any authorized official of the State of California or the United States, a pe~vnit to manufacture, sell, purchase, .transport, imp~rt, export or possess any intoxicating.-. liquor, such pe,rmit shall, be in lieu of the permit required to be issued by the _. ! __ un- der the terms of this ordinance,. and. compliance with the provisions of the' law' of the State of California or any law of the United States requiring the issuance of a permit, shall be deemed a sufficient compliance with the provisions of this ordinance, and any person who has comp].ied with said laws and secured s permit or permits under the terms of said laws, shall not be required to secure a-permit under the terms of this ordinance.' SECTION 15. Any person who ~hall violate any of the provisions of this ordinanze shall be guilty of a misdemeanor and on conviction thereof shall be puhished by a fine of not less than Two hundred and fifty ($250.00i dollars Bar more than ~~~e s or by .impriSonment in the Cottory Jail . x e eighty (180) days, or by both such fine and imprisonment. SECTION 16. There is hereby created a special fund of One thousand ($1000.00) dollars to be known as the "Prohibition enforcement fund" and the au. ditor of the city of Bakersfield is hereby authorized and instructed' t~ transfer said sum from the General Fund intoTM said· " special fund. and. to issue warrm~ts against the said. fund on the order of tlqe Chief of Police of the City of Bakersfield. approved by the ~ansger and City Attorney of said City. Twenty-five percent (25%) of all fine-=~ collected· under the provisions of this ordinance shall be and become.· a part of said s. pecisl..fun.d....t.0 be, expe_n ..e..d ~.a.....~.~...~. ..............~i ...... provided. m~d adopted by the 6ouncil of the City of Bakersfield. On th'e day of ~//'~ , 1920, by the 'following vote: .~ I HEREBY CERTIFY that the foregoing Ordinance was ~PPROVED tni s J~ ~),~day o f ~t~--~j~.. 1920. .gyo~oof the City of Bakersfield. Uit'v (be erk oF ~jhe Council of the City of Bakersfield.