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Home My WebLink AboutORD NO 142ORN[NANCE NO. J~,~ NEW SERIES. AN ORDINANCE At. ENDING ORDINANCE NO. 64 NEx~Y SERIES OF THE CiTY OF BA'~(ERSFiELD BY Ai~I]~,IDiNG SUBDIVISION .(e) OF SECTION 9 AND ADDING I~Ej~' SECTIONS TO BE KNO:VN AND NUNBERED SECTIONS 17, '18, 19, 21, 22, 23, 24, 25 and 26, SECTION 1. BE IT OHDAiNED BY THE COUNCIL OF THE CITY' OF BAKERSFIELD, as follows: That subdivision (e) of 8ection 9 of Ordinance No. 64 New Series relating to the enforcement of the provisions of the Eighteenbh Amendment of the Constitution of the United States, be and the same is hereby amended to read as follows: The dispensing of intoxicating liquors by retail druggists, holding valid permits so to do ~or medicinal purposes only, upon a prescription issued, signed and dated by a duly licensed physi- cian regularly practicing his profession; provided that the name and address of the person for whose use the prescription is made shall be inserted therein by the physician issuing the same at the time the prescription is made or given, and that not more than one sale or furnishing is made upon such prescription; that not more than sixteen (16) ounces of spirituous liquor, and not more tha~ thirty-two (~) ounces of vinous or malt liquor, is sold on any one prescription, and that all such prescriptions are kept on file at the place of business of said druggist, open to public inspection; provided, further, that said druggist shall paste· or securely fasten to the container holding such liquor a legibly' written or printed'copy of the prescription on which such liquor was furnished. it shall be unlawful fgr any person to remove said copy of such prescription from said container until all of the lic3or has been removed therefrom, and it shall be unlawful to empty -1- all or part of said liquor from said container until it has been delivered at the address mentioned in said prescription or to use said liquor for any purpose other than the medicinal purpose fo~ which it was furnished. SECTION 2. That Ordinance No. 64 New Series, relating to the enforce- ment of the provisions of the Eighteenth Amendment of the Constitution of the United States, be and the same is hereby amended by adding new sections thereto to be numbered and known as Sections 1V, 18, 19, 20, 21, 22, 2S, 24, 28 and 26, as follows: SECTION 1'7. It shall be unlawful for any person^knowingly~ permit the use of any property, real or personal, owned or controlled by saidperson, for the purpose of or as a means of violation of this ordinance, The wor~ "knowingly" shall be deemed to mean having actual knowledge of the fact or having reasonable grounds to believe ~uch to be the fact. SECTION 18. A "Bona Fide Clamm shall for the purposes of · ant" this ordinance be held to mean and include any'persOn, firm or corporation or assigns o~'either whose claims have been created without the lienor having notice that the vehicle was being used for the illegal transportation or possession of intoxic~'ing l~quor or was to be used for the illegal transporta- tion or possession of intoxicating liquor. -2- SECTION 19. ~enever any officer of the City of Bakersfield shall discover any person having any intoxicating liquOr'or l~quors in any wagon, buggy, automobile, water or air craft or any other vehicle, contrary to the provisions of this ordinance, it shall be his duty to seize such wagon, buggy, antomobile, water or air craft or other vehicle and any and all intoxicating liquors found therein, and shall deliver the possession thereof to the Chief of Police of the City of ~akersfield. SECTION 20. ~eneveP any wagon, buggy, automobile or other vehicle shall have been seized as provided herein said vehicle :shall be returned to the owner upon execution by him of a good and valid bond with good and sufficient· sureties in a sum double'the value of the property, which bond shall be approved by·the Police Judge of said City of Bakersfield and shall be conditioned to return said property to the eustody of the Chief of Police on the date of the trial to abide the judgement· of said.court. SECTION 21. The Court shall upon a trial and conviction of the person so arrested ~ cause an order to show cause, to be published for five consecutive days in a daily newspaper of general circulation printed and published in said City, and most likely 'to give notice to persons interested in said vehicle, whiCh order shall direct any and all persons interested in.said vehicle to appear before him at a date not less than ten (10) days after the first publication thereof at his court to then and there show cause if any why said vehicle should not be confiscated and forfeited. .-'SECTION 22. At the time for the hearing of the order to show cause, and it appearing to the satisfaction of said court that there are bona fide lien claimants, as defined heroin, the court shall order the propert3r confiscated and be sold at public auction as provided heroin. And it is further provided, that if at the time fixed in the order to show cause no bona fide lien claimants appear or do no establish their claims, and the court being satisfied there are no bona fide claimants as defined heroin, shall order said vehicle forfeited to the City of Bakers- field,.and shall order the possession thereof delivered to the City ~anager of the City of Bakersfield. SECTION 23. Notice of sale of property so seized and ordered confiscated shall be published for at least ten days in a daily newspaper of general circulation, printed and published in said City and most likely to give notice of said sale and said notice shall be substantially in the following form: NOT ICE. OF SALE OF PROP.',:RTY ORDERED .CONFISCATED. NOTICE iS HEREBY GIVEN that Police Judge of the City of Bakersfield, Count:~ of Kern, _.~t~ate c f. C~.lifornia, has .ordsrecl...the followi=ng-p~o-per.t:~ t.o ..... be confiscated and sold for cash at Public Auction to the highest bidder, Said sale will be held at o'clock N. on da.v of 19 · , at the Corporation Yards, 1618 S Street, in the City of Bakersfield, State of California. CITY ~3AGER of the. City of Bakersfield. | SECTION 24. Said[ sale shall be conducted by the City ~anager of said City and shs.ll be sold for cash to the hi~hest bidder and after deducting the expenses of keeping the propertyA the cost of sale, shall pay all bona fide lien claimants in the order of their priority and. shall deposit twenty-five (25%) per cent of the balance remaining into the ~rohibition Inforcement Fund of said City as created by Ordinance No. 64 New Series of said bity. The balance remaining shall be deposited ·into the general fund of the City of Bakersfield. ..... SEDTION 26. · SECTION 25. V~enever any officer of the City of Bakersfield shall discover any paraphernalia, equipment or materials used in and about the preparation, making, manufacturing or selling of intoxicating liquor, contrary to the provisions of this Ordinance his duty to seize the same and deliver a. ll paraphernalia, equip- ment o~ materials so seized into the possession of the Chief of Police of said City, and shall furnish said Chief of Police an itemized statement of .all paraphernalia, equipment and materials so seized. The Court shall upon a trial and conviction of the per- son so arrested, order ~..ll paraphernalia, equipment and. materials u'sed in and about the preparation, making, manufacturing or -~- selling of .intoxicating liquor contrary to the provisions of this ordinance, .forfeited and confiscated. I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield, on the ~L day of ~ , 1922, by the following vote: Ayes: Carlisle, Griffith, Hare, Hougham, Nelson, Rehini~n, Smith. City Cle'~k and ex-officib Clef!: of the Council of the City of Bakersfield. A ' 0VED this ~/~ day , 92 . ak~d. -6-