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HomeMy WebLinkAboutORD NO 165ORDINANCE NO. / NEW SERIES. AN ORDINANCE PROHIBITING THE MANU- FACTURE, SALE, STORAGE, SERVING, GIFT, TRANSPORTATION., IMPORTATION OR EXPORTATION AND POSSESSION OF INTOXICATING LIQUORS FOR BEVERAGE PURPOSES; REGULATIN.G ALL OTHER TRAFFIC IN SUCH LIQUORS; CREATING A FUND FOR THE ENFORCHMENT THEREOF; AND PROVIDING PENALTIES FOR VIOLA- TION. HEREOF, AND REPEALING ORDINANCES NO. 64 New Series, 149 New Series and Ordinance No. 180 New Series of the City of Bakersfield and all other ordinances and parts of ordinances in conflict here*ith. WHEREAS, the immediate preservation of the public health, peace, safety 'and morals requires the passage of an .emergency ordinance prohibiting the manufacture, sale, storage, possession and transportation of intoxicating liquor in the Ci~y of Bakersfield, NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAKERSFIELD, 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 liquors" or intoxicating liquor" wherever used in this ordinance, shall be construed to include any distilled, malt, spirituous, vinous, fermented or alcoholic liquor, which contains more than one-third of one per ...... cen~ by~.votume-o£ a-lcohol~ and all alcoh~liC'liq~i~'~'~gh~ .......... compounds whether proprietary, patented or not, which a~e potable. or capable of being'used as a beverage, and which contain more ~h~n one-third of one per cent, by volume of alcohol. (b) For the purposes of this ordinance a '~holesale druggist', is one who sells drugs at wholesale and not to the general -'- publ i c. A"retail druggist" is a registered pharmacist, authorized .. to practise in this state, conducting a regular retail business ~../. in drugs and who sells to the general public. (d) Words of' the singu'.lar number shall be deen~d to include their plurals and words of the masculine gender shal.~" be deemed to include the feminine and neuter as the case may be. (e) The word "person" wherever used in this ordinance shall be construed to mean and include natural persons, firms, co- partnerships, corporations, clubs and all associations or com- binations of persons, whether acting by themselves or by a set- vant, agent or employee. (f) A "Public Place" shall be held to mean and include any ~reet, alle~ park, road, highway, club, hotel, hall, theater, a place . · or store, or/to which people commonly resort for the purpose of business, recreation, amusement, or a place that is visited by many persons and usually accessible to the public. SECTION 2. shall be unlawful for any person, directly or indirectly, to manufacture, receive, sell, serve, give away, transport,' or otherwise dispose of any intoxicating liquor with- in 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 It shall be unlawful for any ·person in any car, o. -~ aeroplane, boat, motor or other vehicle, or in any public.. place . SECTION 4. intoxicating liquor except as provided herein. L.. ~ ... It shall be Unlawful for any person to have., keep or store any intoxicating liquor in any public:. ptac~e,.in said city except as provided herein. SECTION SECTION It shall be unlawful for any person to solicit, or receive any order for intoxicating liquor, or to give information how such liquors may be obtained or where such liquors are; except that persons holding valid permits to manu- facture or sell intoxicating liquors for non-beverage'p?~rposes, may accep~ orders for such liquors on the premises where they may be legally sold, and representativeSof such manufacturers and of wholesale druggists may take orders for such liquors from persons holding valid permits to purchase same. It shall be unlawful for any person to advertise in said city, any intoxicating liquors 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 the price at which, or the method by which any such liquors may be obtained; provided, that the manufacturers 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, contain- ing'any advertisement, rendered.unlawful by this section, to remain upon 'one's premises, or to circulate or distribute a~.~.~ .... circulars, prine list or other advertisement rendered unlawful SECTION by this section. Nothing in this ordinance shall be construed as r~der- ing unlawful: (a) The manufacture of lntoxicatin~ li~aors"f. or...non-bever- age purposes by any. person holding a valid permit sO"r~ do, obtained as herein provided. (b) The keeping er storing of intoxicating liquors on the premi'ses where lawfully manufactured or in. any place where such liquors may legally be sold, or in cellars, vaults :.O~ ware- houses owned or leased by persons holdinn valid per~i~S to manu- facture, keep or sell such liquors for non-beverage purposes, or the keeping of wine for sacramental purposes in any church o~ in the residence of the pastor or priest of any church, or the distributing and use of ·wine at any sacramental.service. (c) The sale and delivery of intoxicating liquors by those lawfully manufacturing the same or by wholesale druggists holding valid permits so to do, to other manufacturers of such liquors or to other-'~-wholesale.d~uggists or to retail druggists holding valid permits Under this ordinance; provided, the per- sons so selling such. liquors 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, however, that where spirit- uous liquors are sold the records required to be kept by the United States Internal Revenue Department shall be sufficient reco~'and provided further, that the person so selling such lic~or shall securely fasten to the container holding it a 1.eg!bily written o~ printed statement, in EngliS~, signed by said person and giving the following information: Kind and quantity of contents, by whom sold (giving name and address).~. ........ to Whom sold (giving..name and address), and date of sale. x,t 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 statement, and it shall be unlawful to empty all or part ..of the contents from any such container anywhere except at the address stated in aforesaid statement, and when the contents of any-such package have been emptied from it, said statement shall in~nediately be removed and destroyed. (d) The sale or furnishing of wine for sacramental purposes by the manufacturer of the same or by retail druggists, holding valid permits so to do obtained under this ordinance; provided, such wine is furnished only to a regularly ordained priest or minister or upon the written order of the local official board or governmental body of a religious organization, and that the person furnishing such wine shall 'keep, a record in which ". shall be entered the date of the furnishing, the quantity furnish- ed and the signature of the person obtaining the same, such're- cord to be open to public inspection; and provided, further, '..{ that the person so furnishing such wine shall securely -fasten to the container holding it a legible written or printed statement in '~;English, signed by the said persons and giving the follow- ing information:; Kind and quantity of contents, by whom furnish- ed (giving name and address), to whom furnished (giving name and address), date of furnishing, and a statement that it was furnished for sacramental purposes. It shall be unlawful for any person to remove from any container holding wine obtained for sacramental purposes the statement provided for in. this section or to use all .o-r part of '.~said wine for any purpose other than sacramental purposes. (e)' The dispensing of intoxicating liquors by."~e,~a~il....drUg_ ,,.,.. ,o,,,-,-.-.,,, ;; :o.;; only,. upon a prescription iss d n~ licensed physician regularly practicing his profession; provided......,? .. .. .... . ~. - ... ~. ~'..~:~% ..' that the n~e and address of the p~son fo~'~ose use the pve~ '-...,..~-:.:~-~.":~-..:'....- ,. ;-j-~.L ' scription is made shall be inserted therein by' t~e 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 '~~ prescription; that not more than sixteen :(16')'ounces of spirit- uous liquor, and not more than thrity-two (32) ounces ..of vinous or malt liquor, is sold on any one prescripti~'~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 con- tainer holding Such liquor a legibly written or printed cop~'....~ of the prescription on which liquor was furnished. ~" It shall be unlawful for any person to remove said cop~ such prescription from said container until all of [~' liquor has been removed therefrom, and it shall be unlawful to empty 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 for which it was furnished, (f) The sale and delivery by any person, holdi.nE a valid permit so to. do obtained aS herein provided, of ethy!~alcohol· to manufacturers of toilet, medicinal, antiseptic, cui~'Hary or other non-beverage preparations, or to the superintendent or ..authorized officer of a hos~.ital, museum or la6o~atofy--or'--of-.an ~Z~, edu, eational or public institution; provide~ such manufacturer,... superintendent or other person has a valid permit, obtained as herein provided, to receive and possess such alcohol; and pro- vided, further, that the person selling such alcohol shall keep a record of 'all such sales in which shall be entered the · date of the sale, kind and quantity of liquor sold, and the name. and 'address of the person-to whom sold; such record to be to public inspection; and provided, ~Arther, that the person selling such alcohol shall securely fasten to the ·.container holding it, a legibly written or printed statement-in ~English, signed by said person, and giving the following .~Ll·nformation: Kind,and quantity of contents, .by whom sold (giving'··~me and · address), to ~rhom sold (giving name and address), purpose for which sold, and the date of sale. When any container is emptied the aforesaid state- merit shall forthwith be removed therefrom and destroyed. It' shall be unlawful for any pea. son to remove aforesaid stat~vx ment from such container until all of the a~cohol 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'~·~.e address Of the ~urchaser 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, e~sences, tinctures and·perfumes which do not contain more alcohol than is necessary for legitimate pur- poses of extraction, solution or preservation, and of remedies which do not contain more alcohol than is necessary for extrac- tion, solution or preservation and which do con'tain drugs in when any of the aforesaid preparations are mamfactured in the City of B~ersfield they shall be mamfac~ured only by · .; ::.-:.. ,. . ... · :... -:..- .... . holding such permits to keep alcohol ,.:for nonebeverage purposes, and such preparations, whether, made in the City of Bakersfi~:.'..?~s~'''' or 'imported, shall be sold only for lawful purposes and no~" as beverages. (h) The keeping of any intoxicating liquor obtained before this ordinance goes into effect at. a time when, place where such liquor can be legally sold y any person'~ his home and the serving 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 the; when such home is not a place of public resort. (i) The transportation out of or into the City of Bakers- field Of intoxicating liquor for non-beverage purposes when such liquor is shipped or received by a person holding a valid permit obtained as herein provided to manufacture, se~ or receive such liquor and provided there is securely ~'ened to the container' holdinE such liquor a legibly written or Rrinted statement in English, signed by the shipper and giving the follow- ing information: Kind and quantity of liquor therein, sold (giving the name an.d address), to whom sold (giving n~ ~nd' address) purpose for which sold and date of sale. It shall be unlawful to remove aforesaid statement from 'said container while in transit within the Ci~ Bakers- field. SECTION 8. It slYall be unlawful for any person to carry o~ans- ......... ~.r_.~._a_~n~.i_n~o..Xtcating li.q.,uor _.wi. thin,.._into°'~o.r'~'out of the' City Bakersfield without having on the outside of the container holding such liquors the written or printe~ statement requirSd~.~. in the various paragraphs of section seven '(~)..of. this ordinance, and said 'statement must. be so attached that 'the 'word~....t.~ere/~~ -8- . ......~~....~-.~..~.,.~-'=:~¥~."~.'?.'."" "'7.;.'-..' .~.' .' ' .. . · . . ' .. SECTION 9. SECTION 10. may at all times be ea~$1y seen a.nd read. Permits to sell .intoxicating li.q~or for non-beverage purposes, subject to the limitations and provisions herein pro, vided, shall be issued by the Council of the City of Bakersfield to wholesale and retail druggists. ...~L.'~]~i~~''' Permits to manufacture, import, sell and export'L~'~J'~''' intoxicating liqAOr for non-beverage purposes, subject to the limitations and provisions 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 liarors for non-beverage pur- poses. Permits to buy and keep alcohol for non-beVerage pur- poses shall be issued by the Oounoil of the City of Bakersfield, to manufacturers of toilet, medicinal, antiseptic, culinary or other non-beverage preparations. and to'the superintendent or authorized officer of any hospital, museum or labratory or of any art, educational or public institution. Any person desiring to obtain a permit as provided herein shall file written application with the said Council of the City of Bakersfield ,'giving his name and address, nature · of his 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 sthat he has a legitimate demand ....... for' i-ntoxicati-ng~l-~quo'rs rod--that he will observe alt-.laws. relating to the sale of such liquors. Such permits shall be o~f. or two years; provided that any such permit; may be revoked by the Council if after a hearing, notice of which has been given to the holder of such permit, said Council ..shall be satis- · · . ·· .·~. =~i·~i~=~~·~-~..~= ·= -...- ....... · fied that said holder has not observed the law relating to sale of intoxicating liquor. When any such permit shall have b.e~X~.~:~' revoked, it shall be discretionary with the Oouncil whether or not any new permit shall thereafter be issued to the holder of the permit revoked. ... SECTION 1.1. .... ~=%~' Any person holding a permit, Obtained as herein pro- vided, who manufacturers, sells or furnishee intoxicating liquar in violation of this ordinance shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be punished by a fine of not less than two hundred an~ fifty ($250.00) dollars nor more than five hundred ($500.00) dollars or by imprisonment in the County Jail for a period of not more than· one hundred eigh~ (180) days or by both· such fine and imprisoment. SECTION 12. 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 permit to manufacture, sell, purchase, transport, import, export or possess any intoxicating liquor, such permit shall be in lieu of the permit required to be issued by the City Council under the terms of this ordinance, and com- · pliance with the provisions of the law of the State of California or any law of the United States requiring the issuance of a per- mit, shall be deemed a sufficient compliance with the provisions of this ordinance, and any person who has complied with said laws and secured a .permit or permits under the terms of said. laws, shall not be required to. secure a permit under the terms of this ordinance. SECTION 13. Any person who shall violate any of the provisi~o~-:i.~?~ · .!;:~ this ordinance shall be guilty of a misdemeanor an~on c.or~y~.tion thereof shall be punished by a. fine of not less'than two hundred and fifty ($250.00) dollars nor more th~ five hundred. ($500~00)' dollars or by imprisSment in the Comty Jail for a~'.~a~iod not 'to exceed one h~ed ei~ (180) days, or by both such fine SECTION 14. and imprisonment. There is 'hereby created a special fund to-.:be known as :- . ~. the "Prohibition Enforcement Fund" and the auditor of the City of Bakersfield is hereby authorized and directed to' issue warrants against .said fund on the order o'f the Chief of Police of the City o~akersfield, which order must be approved by the City Manager and the City Attorney Of said City. The auditor of the City cf Bakersfield is hereby ~ authorized and instructed to transfer .from the general fund to said "Prohibition Enforcement Fund" sums equal to 2~'~i~·e.r cent of all fines collected in the Police Court of the City of Bakersfield on account of ~iolations of. the provisions of th~s ordinance and of violations of the provisions of an act the Legislature of the State of California entitled "AN ACT TO ENFORCE THE PROVISIONS-OF ARTICLE EIGHTEEN OF THE AMENE~ENTS TO THE CONSTITUTION OF THE UNITED STATES; PROHIBITi'~B~-i~ALL ACTS OR OMISSIONS PRO?IBITED BY THE VOLSTEAD ACT; IMPOSING DUTIES ON COURTS, PROSECUTING ATTORNEYS, SHERIFFS AND 0THOR OFFICERS, ANB EXTENDING' THEIR' JURISDICTION'; AND' PROVIDING· F0 R' THe" ~i 8'~0~ TION OF FINES AND FORFEITURES," tO be expended'~.for the enforceB ment of the provisions of this ordinance'an'd the ~nforcement of the provisions of an act of the Legislature of the State of California entitled, "AN ACT TO ENFGRCE THE PROVI ~ONS OF SECTION 15. 0F ARTICLE EIGHTEEN OF THE AMENI~ENTS TO·THE CONSTITUTION O~ THE UNITED STATES; PROHIBITING ALL ACTS OR OMISSIONS PROHIBITED BY THE VOLSTEAD ACT; IMPOSING DUTIES ON COURTS, PROSECUTING' ATTORNEYS, SHERIFFS AND OTHER-OFP~CERS, AND EXTENDING THEIR JURISDICTION; AND PROVIDING FOR THE DISPOSITION OF FINES AND FORFEITURES. If any section,"subsection,.sentence clause or phrase of this Ordinance iS for any reason held to be unconstitutional or invalid, such decision .shall not affect the remaining portion of this ordinance, The City Council hereby.declares that it would have passed this Ordinance .and each section and sub-sec- tion thereof irrespective of the fact that any one or more the sections, subsections, sentences-, clauses'or phrases be declared unconstitutional. or invalid, SECTION 16. That Ordinance No. 84 New Series, entitled "AN ORDI- NANCE ENFORCING THE PROVISIONS OF ARTICLE EIGHTEEN OF THE CONSTI- TUTION OF THE UNITED STATES PROHIBITING THE MANUFACTURE, SALE, STORAGE, SERVING, GIFT, TRANSPORTATION, IMPORTATION OR EXPORTA- TION~ ~FI'=INTOXICATING LIQUORS ·..FOR BEVERAGE PURPOSES: REGULATING ALL OTHER TRAFFIC IN SUCH LIQUORS; CREATING A FUND FOR THE ENFORCRMENT THEREOF; AND PROVIDING PENf~TIES FOR YIOLATION HEREOF," Ordinance No. 149 New Series entitled "AN ORDINANCE REPEALING SECTION 16 OF ORDINANCE NO. 84 New Series,'OF THE CI'J OF BAKERSFIELD, CALIFORNIA, and Ordinance No. 150 New S&r~s~'entitled "AN ORDINANCE CREkTING A SPECIAL FUND TO BE KNO~ AS."PROHIBITION ENFORCemENT FUND," TO BE USED IN THE ENFORCEMENT OF ORDINANCE NO. 84 New Series, OF THE CITY OF ~AKERSFIELD, CALIFORNIA, and all ~o~her ordinances and parts of · ordinances in·conflict herewith a~"hereby expressly repealed.· -12. SECTION 17. This ordinance is designed for the immediate preserva- tion of the public health, peace, safety and morals and·'~ here- by declared to be an emergency measure, and shall be in full force and effect imediately upon its passage. °..:.. .... I .HEREBY CERTIFY that the. foregoing Ordinance was regu- larly introduced, passed and adopted by the Council of the City of Bakersfield, on. the 30~day of _ ~ , 1923, by the foil.Owing vote: Ayes-Austin, er, Carlisle. Carlock~ Griffith, Haberfelde, Stoner City 1 k nd ex-officio Clerk of the Council of the City of Bakers- field, California. R " ~ ~ ~day ~~s 1923. California.