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Home My WebLink AboutORD NO 179SECTION 1. SECTION 2. ORDINANCE N0./7~ NEW SERIES..: AN ORDINANCE REGULATING THE BUSINESS '! L. 'L':j"'. OF SELLING, SERVING OR OTHERWISE DI'~L. 7" "'?' POSING OF SOFT DRINKS, NON-ALCOHOLIC "'. AND NON-i E~TOXICATING LI~UORS; REQUIR.iN~.~'.: i .... 'PERMIT THhREFOH; 'MAKING THE VIOLATiON "~.'~~ TH~EOF A ]~'AISDR~E~0H ~qD PROVIE NG · A PENALTY THERE~DH, AND REPEALING'.-'0HDi- N~CE NO. ~51 EW SERIES .AND ~L' ·'OTHER 'ORDR~CES AND P~TS OF ORDINANCES IN CON bliCT ;HEREWITH. BE IT" 0RDAINED BY THE-COUNCIL OF THE CITY"/ii~j~i~-~.¢ERSFI.E~D, ~"' "Fgr the. purpose of this ordinance. the foliowinE words and p~rases shall have the meaning as in this .section Set forth: "SOFT 'DRINKS" shall mean and include soda p~p, ginger ale, soda, artificial mineral water, malt mead, near bee~.i~oot beer or any other drink of like Character and ~nature. "NON-INTOXICATING and NON-ALCOHOLIC" liquor.s~alI mean and inclnde"' 'all liquors described by any State or Federal law as being non- intoxicating or 6ontaining alcohol of no greater .gquantity than is permissible Under the National Prohibition Law or any law · relating thereto~ ' ..~. it shall be unlawful for a~.y person, .firm Or corporation to commence, carry on, open conduct, engage in, manage or. maintain th~ business of selling, serving or otherwise ..disposin~ of any so-. called soft drinks', non-alcoholic or n0n-intoxiCatin~' li'qUors " whats6ever, or to open, conduct, manage or' maintain any establish- ment, place or stand for such business, without firs~ applying · . for and receiving from the City Manager oR' tlie City of~s · ::.~%,:~?~.~.:.... . .' ~~ · _ ~ - - : .-::...~.~.. ':., . " ' " ' "" · '. ..'5 ~"'~",-:,'L..'5 . SECTION'?~ SECTION 4. SECTION 5. Appt.'ication for such perm~it must be' made on 'furnished by the City Clerk 'of said City and···'·sh~ii contain the following:'. (1) The particular place, including Str.eet~.number, where said establishment, place or· stand shall be located. (2) . The ~uame of the.. o~ner'or-owners of .the business to be ;..~.... _~.~. carried on at 'said location, and if any person other tha~e and accepted with the expres.s understanding and agreement that'the· : .. ... '.:~- ~'j~T'..~.. Council of the City of Bakersfield may revoke the same at any time '(3) Whether said-business will be conducted as...a retail b~.s."iness, or as 'a wholesale busimess,. or ·whether both retail and.wholesale business ~ill be Carried'on'at said location. (4) Said' application must further state.·~'that if a permit be granted thereon that said establishme.nt'!L,' place or stand shall be open f~r inspection by the Chief of Pol~.ce or any regularly appointed police officer of said City at any time during ~usiness 'hours, and that all laws of' the State of'..~alifornia'and the · ~. ordinances of tb.e.'Gity of Bakersfield relatin.~. there.to shall be complied with. Upon.'receiving such application .the City Manager 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 suitable and proper place for conducting the said·business who shall report thereon immediately. The said City Eanager shall· thereupon, at his discretion, grant or refuse said permit. The permit Provided for in this 'Ordinance..shall be'granted said. owner or owners shall have· charge of, condudt or mana~.e said~'.'... business, the name .of said person who shall so conduct. ~" SECTION 6.'. if any of the terms or ·conditions of.same have been violated, or if the same was obtained by fraudulent r~present~%TonS~ orbit shown to the satisfaction of the Council"that said business, or .said establishment, place or stand is conducted in an 'unlawful man- net, or that. same is' detrimental ~o the social peace or public morals of the .community;'provided, however, that.the· holder of s~id permit may appear before the council in his own behalf, but the CoUncil· shall be the judge of the sufficiency of the charges o£ what is detrimental to the social· peace or public morals, and the decision of said Council thereon shall be conclusive. Each permit ·shall be granted'and accepted·upon the further understanding and agreement that all the teens, provisions and reEulations contained in this ordinance, as the ~ame now is or may hereafter be amended, shall·be fully complied with. SECTION 7. Ali permits ~ranted hereunder shall be good until revoked or ·surrendered; the Same shall not be assignable; but upon the sale or transfer of said business, the City Manager will', upon ~ppl$ca~i~n th'erefor~'issue a n~w permit to the-~urchaser o~' s~id business upon·the same terms'and conditions that the ori-' ginal permit was issued. SECTION S' It shall be unlawful f. or any soft drinks as ..defined herein: to be served or consumed in any room except as provided herein, not having an entrance from ~ public thoroughfare, which entrance shall a~ all times during business hourS, be opened, unfastened and unlocked. Two-thirds of the area of said entrance shall be of-~,lass or other suitabl& ~naterial so as to make the entire interior of the room where soft drinks are served or consumed, visible and easily s~en at all times from the public tho~o fare; and no screens.,'curtaine,'partitions, walls or other obstructions shall hinder or. obstruct the view of the -3- ' SECTION 9. SECTION 10. view of the in~er~or of the room in any' manner, the requirements of this sectiQn upon good.· c'aU-s.e .being shown therefor. '~ :'~;"' ':' · ""' "' '~''~ Every' stall·, nook, corner or private place shall be a part and portion of said room, and shall· not have any wall 6r partition, .the height of which shall exceed 'four feet; and·pro- Vided further, that one side of said. stall, noor or corn~'r · .....~,:.-. shall open into the room with no screen, curtain or obstruction· of. any kind whatsoever which might in any manner screen or ~:'~ "..' ;"'~ hide' th~ occupants thereof. ."" '.'.'f'~ . ..~. . . .~..-.~ ~%Z~..~. : Ewery place, premises or stand wherein soft drinks or non-alcoholic or non-intoxicating li'quors..'.as.,.~e~fined herein are sold, served or otherwise disposed or in any manner ~h ha.s therein or connected therewith any billlard o~ pool table~ shall""L~: .. have a partition or wall of 'at leas~ four (4) feet..in height' or ~ooI tables are kept from-that' portion of .the room wherein .. soft drinks, non-alcoholic or non-intoxi'catin~· ti~uors 'are-sold,. served or otherwise disposed of · And provided'further, that if any billiard o~ pool tables are hept in ~y room adjoining the room wherein soft drinks .are .. sold, served'or-.otherwise disposed of, that t~ere shall .be a partition dr wall, the height of w~y~.icb shall be at least four (4) feet, which shall· separate said rooms, Every person, firm or corporation .·that holds a permit from '.i.~ the City Manager of. the City of Bakersfield to conduct the · business of' selling, servin~ or-otherwise disposing of soft drinks·..·. or.~non-in~to-X-i'cati-ng .ti-~uors .:as de~i~ne~ ~.e. rein -s. ha-ll~- .'~ith~iB~,. ~.~.-~ thirty (30)·.days afte~ this ordinance becomes effe.~tive, comply -~$~lly with all the .te~s and ~onditions of this ordi.nance~ .~.~..y, .. . -~.'-.~.. ~.. ~ ~ . SECTION 11. SECTION 12. Any person, firm or Corporation violating ·a~.y. of'the.:,..:-~ provisions of ·this ordinance or-failing to comply with~·an~·of the terms or regulations contained herein, shall be guil.ty of' a mis- demeanor, and· upon conviction thereof shall 'be punish8-b~e by a fine not exceedinE three hundred dollars. ($300~00) of by imprisonment in the County Jail for a period not exceeding~. ninety (~0) days or by both such fine and impriso~ent. Ordinance No 181 New Series of the City Of.~Bakersfield, relating to the business of selling, serving and othersvise dis- posing of soft drinks and requiring a permit therefor, and all Other ordinances and parts of. ordinances in conflict herewith be and the same are hereb,* expressl~ repealed. I HEREBY CERTIFY that the foreEoing Ordinance was passed and adopted by the Council of the City of Bakersfield ~/~' day o~. July, 1~2~, by the following vot'e: Ayes-Austin Baer, Carlisle'. Carloel.:. Cri~th. H.~berfelde, Stone~'..- · ................... ~' City icio' Clerk of · the Council of the City .of Bakers- field. ~ayor of the City of ~