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HomeMy WebLinkAboutORD NO 151ORDINANCE NO. / ~ NEW SERIES. AN ORDINANCE REGULATING THE BUSINESS OF SELLING, SERVING OR OTHERWISE DIS- POSING OF SOFT DRINKS, NON-ALCOHOLIC AND NON-INTOXICATING LIQUORS; REQUIR- ING A PERMIT THEREFOR; MAKING THE VIOLATION THEREOF A MISDEMEANOR AND PROVIDING A PENALTY THEREFOR, AND RE- PEALING ORDINANCES NOS. 42, 87 AND 86 NEW SERIES AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWIrI~H. BE IT ORDAINED BY ~E COUNCIL OF THE CITY OF BAKERSFIE~D, as fol lows: SECTION 1. DEFINITIONS. For the purpose of this ordinance the following words and phrases shall have the meaning as in this sec'tion set forth: "SOFT DRINKS" shall mean and include so~a pop, ginger ale, syphon soda, arti£icial mineral wa~er, malt mead, near beer, root beer or any other drink of like character and nature. "NON-INTOXICATING" and "NON-~COHOLIC" liquors shall mean snd include all liquors described by any State or Federal law as' being non-intoxicating, or containing alcohol of no greater quantity than is permissible under the National Prohibition Law or any .law relating thereto. SEC'~ION 2 It shall be unlawful for any person, firm or corporation to commence, carry on, openSconduct, engage in, ~anage or maintain the business of selling~serving or otherwise disposing of any 'so-cailed so~t drinks, non-alcoholic or non- intoxicating liquors whatsoever, or to o.pen~conduct, manage or maintain any establishment, place or stand for such business, without first applying for and receiving from.the Council of the City of Bakersfield, a permit to so do. SECTION Application for such permit must be made on forms to be furnished by the City Clerk of said City and shall contain the following: (1) The particular place, including street number, where said establishemnt, place or stand shall be located. (2) The name of the owner or owners of~ the business to be carried on at said location, and if any person other than the said owner or owners shall have charge of, conduct or manage said business, the name of said person who shall so conduct. (3) ~ether said business will be conducted as a retail business, or as a wholesale business, or whether both retail and wholesale business will be ca~ried on at said location. (4) Said application must further state that if a permit be granted thereon that said establishment, place or stand shall be open for tnspec.tion by the Chief of Police or any regularly appointed police officer of said City at any time during business hours, md that all laws of the State of California and the ordinances of the City of Bakersfield relating thereto shall be complied with. SECT ION 4. Upon receiving such application the Council, shall refer the same to the Chief of Police for investigation as to the moral character of the applicant and whether the proposed location is a suitable and proper plac'e for conducting the said business who shall report thereon. at the next regular meeting of said Council. The said Council shall~ thereupon, at its d~scretion, grant or refuse said permit. SECTION 8. .... The permit provided for in this Ordinance shall be granted and accepted with the express understanding and agreement that the Council of the City of Bakersfield may revoke the same at any time if any of the terms or conditions of same have been vio'latedY -2- or if the same was obtained by fr. audulent representations, or ! it is shown to the satisfac'tion of the Council that said business, or said establishment, place or stand is conducted in an unlawful manner, or tl~at same is detriH~ental' to the social peace or .public morals of the community; provided, however, that the holder of said permit may appear before the Council in his own behalf, but the Council shall be the Judge of the s~'fficiency of the charges or of what is detrimental to the social peac.e or public morals, and the decision of said Council t~ereon shall be conclusive. SECTION 6. Each permit shall be granted and accepted upon the further understanding and agreement that all the terms, provi- sions and regulations contained in this ordinance, aS the same now is or may hereafter be amended, shall be fully complied with. SECTION V. All permits granted hereunder shall be good until revoked or surrendered; the same shall not be assignable; but upon the sale or transfer of said business, the Council will upon application therefor issue a new permit to the purhhaser of said business upon the same'terms and conditions that the original permit was issued. SECTION 8. It shall be unlawfull for any soft drinks as defined~ herein to be served or consumed in any room e~cept as provided herein, not having an entrance from a public thoroughfare, which entrance shall at all time~ during business hours, be opened', unfastened and unlocked. Two-thirds of the area of' said entrance, shall be of glass or other suitable material so as to make the entire interior of the'room ~here soft drinks are serve~"0r con- sumed, visible and easily seen at all times from the public thorough- fare; and no screens, curtains, partitions, walls or other obstructions shall hinder or ~bstruct the view of the interior of the room in any manner, provided that the Council of the' City...-of in their discretion waive the' r-'e~'.i.·rements of this section ~Apon good~ cause being shown therefor. Every stall, nook, comer or .....:~,...i[~i.[_~.,.;j:.~. '.. private p'l:~~''''''' ~ail'. 'he a. part and portion. of Said room, and shall not - "' -. ~",~;--r_.~ ....... · .have any..~'.waTl:~~~! ..... partition abe height of which shall exceed four f~e~.~.$~d provided '[' fUsther~."..that one side of said stall, nook or cormBL:r. shall open into' .'j~i.'~![' ':."v .... the room with no screen, curtain or obstruction of Z~~ whatsoever which might in any 'manner screen or hide the occupants thereof. .SECTION 9, Every place, premises or stand widerein'soft drinks or nOn-alcoholic or non-intoxicating liquors,- as defined herein, are sold, served or otherwise disposed of in any manner which has therein or connected therewith any billard or pool tables shall have a partition or a wall of at least four (4) feet in het~hi. ch...shall · . :. ..~ .~.~ ff~.; separate .tha.t portion of the room wherein any billard or poo!'~.Ltes are kept from that portion o'f the room wherein soft drinks, non- alcoholic or non-intoxicating liquors are sold, served· QP otherwise disposed of. ;'~'.. AND provided further that if any billiard or pool t'ables are kept in any room adjoining the room wherein soft drinks, non- alcoholic or non-intoxicating liquors are sold, served or otherwise disposed of that there shall be a partition or wall, the hei .~'of 1~ which shall be at least four (4) feet, which shall separate said rooms. SECTION 10. ..-.... ." Every person, firm or corporation that hol[~'. a permit from the City Council of the City of Bakersfield to conduct the business of selling, serving or otherwiseZ~d~isposing of sof~ drinks or days after this ordinance becomes effective comply fully with and all the termed/conditions of this 'ordinance. -4- SECTION ll. Any person, firm or' ~6rporation violating any of the visions of this ordinance, or failing to comply wi~h any of the terms or regulation's contained 'herein, shall be guilty of a misdemeanor~--~ and upon conviction thereof shall be punishable..by a fine not exceed- ing three hundred dollars ($300,00) or by imprisonment in the County Jail for a period not exceeding ninety (90) d~ys or ~' both such fine and imprisonment. SECTION Ordinance No. i h i ~i~..~.'....:.iFi; . ' relating to the business o i ~ n n · g of soft drinks and requiring a permit therefor, and Ordinance Nos. 57 and 86 New Series of the City of Bakersfield be and·.the same are hereby expressly repealed. u·. I HEREBY CERTIFY that the foregoing OrdinafiCe was passed and adQpted by the Council of the City of BakerS~'~ld, on the ~/~ day of December, 1922, by the following vote: Ayes: Car i le Gri~ , Hare, II~l:-.n, Nelson, Robinson, Smith. Nays.... ~ ' Absent...,..~ City Glerk and e~-officio Clerk of the Council of the City of Bakersfield.