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HomeMy WebLinkAboutORD NO 310 AN ORDINANCE REGULATING THE S~TJ?,, SERVING, FURNISHING AND GIVING AWAY ANy. SPIRITUOUS, MALT OR FERMENTED LIQUOi~S, WII~ES OR CIDERS, OR ~IXEII~INTOXICATING LIQUORS--, IN ANY CLUB IN THE CITY 0]~ BAKERSFIELD: PROVIDING FOR A LICENSE TAX THEREON, AND THE COLLECTION OF SUCH LICENSE. TAX, AND PROVIDING ~ ~ ~' ~.'~ A PENALTY FOR THE VIOLATION TEEREO]~. · HE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAKERSFIELD, as follows; SECTION 1. .. Whenever a number of persons-have associated themselves· together for social purposes, in what is commonly known as a "Club", or for any purpose where pecuniary profit is not their object, and for which individuals may lawfully associate themselves~ whether !ncorporate~.:or otherwise., and have club rooms or apSXtments where ...only the members and their invited guests may meet, and such association desires to keep or have on hand intoxicating liquors to be served only to the members,-thereof and their invited~uests, and such service~.to be merely incidental to (and not. one of) the objects~ or purposes of the association, such association may present an appli- cation for a Club Liquor License. to the Oouncil of the City of Bakers- field, which application shall be verified by the president or other presiding officers of the association and the secretary thereof, and shall contain and set forth the following: The particular place, in- cluding street and number, where the club rooms are situated; the o r Club poses for which the association/is formed and whether· incorporated or unincorporated",', that said associa$ion will not,- nor shall'any member thereof or its agents, servants or employees, in or about the club rooms, violate any ordinance of said City of Bakersfield relating to the'sale of intoxicating liquors; that no gambling, is or shall be carried on or ].)ermitted in or about said club rooms; that no liquor shall be sold, furnished or given away at said club rooms except to members of the club or association, and that no liquor shall be served or allowed to be consumed or taken by any person, except such member -1- or members:, or persons who are then and there present with a member. or members as invited guest; that names of all of the person~, who are members of the club or association (provided, however, that when the membership is large the application in lieu of stating the names~-of all the members may set forth the names:.-of twenty persons~ who are members thereof); and if a permit is granted and limense issued, same.'.: shall be accepted by applicant subject to the terms and provisions~, of this ordinance=and to such other rules and regulations as may at any time~ be adopted:~or enacted by said Council of the City of Bakersfield. SECTIOn[ 2. Said application for a permit for a Club Liquor License-shall. also be accompanied,' by and have attached to it a certifi- cate signed b.y ten reputable-' residents of said City, setting forth that they have knowledge of said association or club and of its pur- poses., and that they verily believe that no gambling is or will be carried~, on or permitted in or about said club rooms; and that in their opinion such associa$ion or club may properly be intrusted with a Club Liquor License:. SECTIOn[ 3. Upon the filing of such application for a permit for a CLub Liquor License and said certificate, the ~:ity Oouncil may refer the ~matter to the Chief'. of Police:~.and the Mayor of said City for investigation, and after investigation they shall report to .the City Council at their next meeting. Upon such report being made. after such investi~,~ation, and the hearing of any remonstrance made to such application, the said Council of the City of Bakersfield may, in its discretion, grant a permit to such association or club for such Club Liquor ~lcense' and order the .. ~. ".: ~.L ;-'~'~? License collector to issue such, license; ~ut if the said Council, upon such report, investigation or .I~.earing, for any reason, or in its discretion, shall determine..tha% such permit should not be granted, or such license issued, it shall deny the application and no permi.t shall be granted or license issued. -2- .~ECTION 4. No intoxicating liquor's shall at any time-be served to any person in. any club, or under a Club Liquor License, unless the name of such person appears as a member upon the records of such association or club, or his name appears as an lnvited,,:.gues.t on the register of guests or visitors of said club. Each club or association to which, a Club Liquor License is issued shall keep a book containing the names, of all it s members, ~s~nd- a e~ch.-day .the~=names~.of ~all. ~v.l sitors or' gue-s~s~;, .- and--the members-.~inviti, ng 'o-r' ~c:company~.~g.~:~uch..,vi:ei~t-ors ,:or~.~e'~t-'s.X Such books and registers shall at all times be open for inspection and sub~ j ect to the inspection of the Chief of Police, the City Attorney, any member of the City Council, and to anyone designated by said C~n¢~l. S~CT.ZON 5. Every application for a Club Liquor License.~, duly verified by its president and secretary , must, in addition to the matters and things by this ordinance hereinbefore required to be set out in t'he application, set forth the name of the person who ,': ~ ma~age, m~n .t~ shall nave '~ne/om. m~s business for which or in connection with which a liquor license is desired, and the names of the persons composing .the Board of Directors, or the Official ~eard of said Club or asso- ciation EECTION ~. No permit for a Club Liquor License shall be granted at the same meeting of the City Council at wlzi~.~ie appii~a,i..on tion is presented, ~en an application for a Club liquor License cc cupyi-~g has been filed with the City Clerk any person or persons owning or/ property in the i~ediate vicinity of said club rooms, desiring, so to do ~y object to the 'granting of such permit or the issuance of such license, by filing a written ~em0nstrance at any time prior the final action of said COuncil on such application.. ~en a re~nstrance ~s been filed, no per~t for a license· s~ll be granted ~M said Council until such reinsurance ~s been heard ~d deter~ned. SECTION T. B~fore filing such application for such Club Liquor License,~ the applicant shall p~y to the City 01erk the sum of $1~..00 being the sl~a required~ to obtain a Club Liquor Licensee for one-quarter¥~ of a year in advance~. The amount so recived shall be returned to the applicant if the application is denied. The City 01erk shall there upon endorse, upon said application that the requisite amount h~s been pai~ to him to secure the license applied for. SECTION 8. The Liquor License provided~_ for in this ordinance~ shall~'~ is~.eued.~, be issued': for a quarter of a year, or the then re~,~ ~k m~ining portion thereof~, for quarters ending on the last day of March, June, September and December, and shall be designated~.as "Club Liquor License". The rate for each such quarter shall be $1~.00,payable in advance. SECTI0~'~ 9. Any person, Club or association who commits or is guilty of any ~reach of any o£ the provisions, term~,conditions, limit- ations or restrictions of this ordinance shall, for each such act or thing so done, be subject and liable to the City of Bakersfield. for a penalty of Forty Dollars (SA0.00), which said penalty, together with all legal costs, shall be recovered~by said City in a civil action therefor as pr0vided,?.by law, in any Court of competent jurisdiction, against any person or Club or assocls~tion aubject or liable therefor as in this ordinance~~ provided~. Every breach of this ordinance~ or of any of its terms, conditions, provisions, requirements, restrictions or li~t~- tions as the same are hereinbefore established% created, declared,, defined~.and set forth, s~ll separately for each day of ~ts continuance be dee~d to be, and s~ll ..be a separate bre~ch thereof.; and no action to recover the penmlty incurred under the provisions of this ordinances-, ~d no judgement or recovery of any such penalty incurred for the breach of this ordinance,whether s~ s~ll have occured before or after suit or recovery, and every person, Club or association who commits any such breaches, or any breach whatsoever., of this ordinance~ or any of its terms, conditions, provisions, requirements, restrict- tions-or limitations., shall be deemed to have incurred, and shall be subject to and liable.'., for the penalty and costs hereinbefore::, provided. ~ECTZON ll. Should Zhe Council of the City of Bakersfield a-$ any $i~.~e .d~e,te,r, mine,: that any person, Club or associs, t'ion has violated any ordinance~ of the City relating to the sale of liquors, or that sUCh club or association is not. conducted in a lawful and orderly manner, or that acts of. a character contrary to proper police:: regulations:, or injurious to the social order of the city or of the Dul;lto'~ are,~-per- mi~ted or not prevented.~herein, ~ney may, ~ufter notice.~.to such Club or associm~$1on, eo licensed, revoke., such order and permission and cancel the l~cense,.~ But no license shall be revoked, except:upon written charges to the Dity Co~ndil,.which shall be presented to the Council .at it, s next meeting. The Council shall thereupon set a time for hearing '~he charges and direct the Clerk to give .:.~, (.~:....~: ~o ~he holder or holders of such license-, so charged, at least five days'' notice .$~%*ne l~ea_'rinE, and send therewith a copy of said charges. SECTION 12. This ordinance shall be in ~'ull force and effect ~from and after thirty days from the date of its passage. I hereby certify that the foregoing ordinance~as passed by tl%e Council of ~he 0ity of Bakersfield,. on the ~,.~__~_1~^, day of June, 1~16, by the following vote. NAYS: ~ ~~ ~ the Council cf the C~ty off ~PRO~D~.. ~ ~ ~ay o 1916. To the Honorable Council, City of Bakersfield. Gentlemen' Please take notice that..Q~....have sold and transferred to ....................... the Liquor kicense heretofore held and used by ~ at No . ./..~..~..~.T.' ......... ,, and respectfull3/~e't!tion yo~d to accept said transfer. t being sworn, say % .... t. hat .. ~...~'ZMq... ~.. the bona tide ?urchasei' in good faith, of the ~ said Liquor License. now held by sai~ ....... a~ ~ectfully~ petition Votlr Honorable Board ~" to accept said transfer. ', Subscribed and sworn to before me this. · "' '*~~ ? day of .................. X' A. D., ~9 ~'',.?'~ ;;1 ~-~x /~ v ' ...... ?..>~; ............................. ~ ............ 4'.' ' ~ "/ca~ --~, /.. · · :'~ .............................. f. ~ · - ~ ~ '. ~ '- Iii ( ilu ak r ftd ~ppli~a~io. for ......... ~ ....... .~..._.~iq~r ~i~e~e hereby applies for a License to sell Liou'~s at... / ~ o - / ~ interested in the business for which sZd license is required, and no other person shall be in any manner interested therein during' the existence of said license. That no previ.ous license issued {0 said Jp~ica~?t has been~r~oked, and that Mid a~lica~ i~of.~d character and a suitabl~ p'erson to conduct such business. This application is for a ... ~.~~ ...... License. Snbscribed and sworn to bef0re me ...... .... , this Of 19tBT~ e und,~rs~ ned c,hzens owmn or occu in° r .~<~ ~,~y~ ~ 'g .~' 'g py'g eal estate withinJhe~mediate vicini~ ' 'u,?} } ~cz of business proposed to be entered into by said.. hereby-recommend Ihat said license be granted. "' ~hat applicant... ~.. of good moral character and sober and suitable person ...... to conduct such business and that such place is a suitable, respzctable and prop'er locality for condu'cting the business agreeable to social order and due police regulations of the city. SIGNED ~ RESIDENCE ~....: ~..,(~.~:~'~' :) .............. z. ~.~. ~..= / .~'. ~:~ .......... fin . ~ 1 ~, .:. ;/~ /~ ~_~.~ ~... . , . ~ / f~/ / ~/ , , ~. . .. ~.' ? ...... / ........ ~ ! / / l/j] [) ..... ~ ...... . ........... P ' ' '~' 'Z ....... -' '~ ............ o. . i-.-[.~. ~.~ .,.~z .. ~ .,,:t~.~ .................. b. ~ ..~ ..... ~.-~7 ............ 9~ ~{~. . ~.(.~ .d z.~..~..~ ..~. . A ~ ~ / / .... ' b~;. -- -- ' ................... ~ ........... ~. ~ ..... , ~" ,~~ : .... ~ ,,~, ~- . .~, " , ' ~, '~, '3-/ " ' ~ ~ .......... '-~'~--,,-' .......,--.' ......", · · ' · .;' ..... ~. ~ ;..-. ~..].~.. ~,:~.~.. .... 7~' "~ "~ ............... ~ .... . .......... . ........... ~ . . . . . . : 7 4. .Z. . I ..... '.,.. approve the foregoing application ...... ~ ~ ~--~ ............... · Pr~ident Board of Trustees. j.. >~,~ approve the foregoing application ..................................... ? ,. Marshal. .,\N 0R DINANC~ AfJ~LT OR'. CENSE COLLECT~, 'PAX, CiE, OF TIrI~'~ as follows: _' '- SEiCTION. t. ~ Ocli'son8 to.ethel' for ~an~' purpose where pecuniai" not their object, and for dlvirluals may lawfully iselves, whei~ar iDcorpora-t6¢~ wtse, and have.club-.[ their invited g'tlBsts may~:eet:, association desirt only to members Ibereof ~. vited g'uest~, and such ~1g[~+'' ~f ~r~ merely incidental to (aaa the objects or 1)urpos~' cZ [ion, such association'- ~ro tl~e Counc 1 ~ tbe liehl which application eing first dulysworn fled by the ln-esid, enr or other presl ' , ina' oll/cers or tll'e, as~sociation and the deposes and says: I am over the age of twenty-one years .¢~ .eu ry therof, and shall cgixtain and set forth the following.: The particular 9nd am now and have been during all of the times here- where the club rooms are situate4 . pu 'poses for which'-tbe m mentioned the chief clerk of the Echo Publishing .,,~n,, ~ fo,'n,.~ a.,.t ,,'h~-~ · areal o,' unincorpokate~7¢.~iaC Sgtd Company, and as such chief clerk I have at all the times so~.t~on ,,-m ,,o,. ,o~. ~h~n ~y ~s herein mentioned had eontrol and management of all ,~m,,~.>~,.~, ~, o,. violate any ordinance of said the advertisements that have appeared during said time ~;,~k~,.:~a~,d ,'~m~' t0 .t~o toxicat I g' liquop; that D0 ganlblillg.i$ in ~ MORNING ECHO; that the MORNING ECHO o,. ~ban b,, c~,,i,,d on o,- p~,'~nit,~,~- ' or about said club rooms; th~.~ no liqu6r shah be so]d, furnished, or g'[}'~. is a newspaper 'published daily ( except Monday ) ~t ~a~d ~lub ~oo,.~ ~:o~.t to of the 'club or association, and :{h~ in the City of Bakersfield, County of Kern, State of Cal- ,a.o,. ~,.m bo ~,'~a o,' ~now~0~ to b~. consurne~ or taken by any persons; ifornia, by the Echo Publishing Company; that said pa- e~tsuch n~mber or members, or sons who ~]~ then and per is published for the dissemination of local and tele-~..~;'"~t~ ,~. ,.~m~,,ha~ namo~°~' ~m~,,~ ~m - graphic news and intelligence of a general character and ~o.~ ,,-no ~..~ n~mU~:.~ o~ association (provided, howcvbr7 When tile meni]bbrship is 'large has a bona :fide subscription list of paying subscribers. ~>.o~,t~on ~ .~u or ~ n~-' of al) the members may set forth Said newspaper has been established and published in ,,~,,,~ o~ ,,v~t~. ,,~,.~o.~ bets thereof;) 'and if a P~rmi'} the said City, County and State for more than one year e~, ~,,d .~ ~.~a, accepted by applicant s~H)ject to tho terms slid provision8 of tl~is last past; said paper is not devoted to the interest nor and to such o[ber rules aaa published for the entertainment of any particular class, ~.a~t~a~°"~ ~ ',~":~*~a'dat ~,,~.Co~n~,.,t,,-.~ ~ ~ Bakersfield. proIesslon," ' 'trade or caning,"' race or denomination, or srsc.~oN.2. ;s~,a permit for a Clktb Liquor any number thereof; that a no/ice of which the annexed .~o ~ ~ou,,,~,.~d b,- ~nd ,,~V~ ~- tached to it a certificate signed by ten printed slipis a true copy waspublishedin said paper , ,'evutablerortb thatresidentstbey have°fknowled~eSaid City, of Settin¢'sa~d in each and every issue thereof on the following dates, ,~oem~.on o,. ~ub aaa or ~t~ and lhat -they verily ganlbli~g is or will to-wit: permitted in Or about said club 1'oo~ and that in their opinion such associa. jtion m' club may properly be intrus¢~ ~/~ . SECTION 3. "'Upon the filing, of ~c .......................................... application for a permit fei' ll,iquor Licen. se and stoiC' ' }City Council may refer~;at[er:t jthe Chief of Pohcb ancl<~e Mayor of [said City for investigation tand after .................................................. Ivestig'a(ion they shall report t0 [he [CoIIIIcil at their next meet ng Upon Isuch report being made after strch [vestig'ation, and the hearipg' of any [monstrance made to ' such ~ppti- {cation, the said Council of the City bf [ Bakersfield may, in its discreiion, [ ;; permit to such association: or ctut ~ and was published on each of said dates in entire issue of said paper and in the newspaper proper n~.~n~ ~,,~d, ,, ~. d~,n>. ~b~ cation and no permit shall be and not at any time in a supplement thereto, o,. no~,~ ~a. ' ~ SECTION 4 No intox ' f~, -- -" ~'k'" ' ' { shall at an'y. time b¢-'.~< -~ _2 ' I - ~son in anw clubi or L:-' ~ ~ ~ - .. person a.ppears as a member upon  records.of such association h is name invi~ apl)ears frs an ~ ton the reg'ister of guests 8h~bseriked andsworn tobefore me this~ .~. ~ ......... 'sahl club. 8ach books and registe · shall at all times be open for'.inspe tiBn and, subject t9 the inspection any men{her o~ the Ciiy Couhell day-of ./~~. ~~~. an~;~ne.de, signaeed.b~ saia'Coune,l...: ~ ' ' ' ' ................ / :SECTiOn' 5. ~very~applieati0n. for Club IAtbuor License, dul~ Verified by.. ~ its president and secretary,, must, addi.tion to &he matters and thin ' ............. this orainanee.hereinbefore re'qt 'be set_ou~-i~  NO~ hbltc ~ ~d for the ~- tim n~e of the -~.~rson who sbatl - ty of Ke~, State of CaHfo~a. , r the raanageme~t o~*it~ bu~ines, ~or wi~eh~, jn connection with which a .. · ' 9acial BOard o~ said SECTION 6 ~k -'.)~n ...... hiqtlor License st.311 be p.l~a~ ~ . S' me meeting f the ~4.-- ~ ,.- ~ xen a~ ~.i, llcation for a Club Liquor ~icense ]m.'s been filed with the 'City ' ~lerk ~n? r:erson or l~ersons ow lill~' occuP>[~K property iu tile imDl,~J}qto _5~cI~$- Or said Club rooms desiri~."~[ ~lle~ p:rlnl~.or thc issuance Of sue~ at ary lime prior to the final action of smd Council on such application. When ~a, l'enlonstratlee has been filed nc per- mit for a 1 cease shall be g~llt~ O' by said Cotlncil until StlCh remonstrancq~ has been heard alld deterlnlned. SE('TJON 7. Before filing such plication for such Club ~iquok License, the applican[ .8baH,,pay to the City Clerk thc sum of $15.00 be ag: thc sam require, d to obtaill a Chlb Liquor Li- ¥'allCe The anlotlnt s,) received shall be ri'turned to the applicant if 'tho appll- __ cation is denied.. The City Clerk shall the~;eupon cn¢orse upon said apl,liCe- !' tion tba~the requisil¢ amount has been ¢[i}a d to him to secure the license ap- , {,}iud for. I' SECTION 8. The Liquor License ~Oay of March, June. September and De- cember, and shall be designated "Club Liquor License." The. rate each Such quarter.shall be 8~5.00 p~.y-: able in..advance terms, conditions limitations or re (,ach such,act or thing so' don% jeer and liable to. th~,.~~ Iield for a penalty"'~'-.. . . . '($40.00,) which said penalty. .with all legal, costs,.sball bc-reeo~'er~d. by said City ih:a eh, H ,action-,ther~fD'r a~ provided by law, in any Court competent jurisdiction,- against person or Club or associatiou subject} or liable therefor as in this ordinance provided. ' - - SECTION 10fx~very breach of this ordinance or o~~: ~- '~ _- ' a0~.i- strictions or lilfli:t~ . .. ~are h,reinbc~ore es~af~~ declared, d e fine~~rkl(~ separately for each d~n-~;i[ 'ance be deemed t~ separate b~each ~a~o aeUon to recover th9 .g0aalty incurred under tim provisions ' ' ' .. : - no Judg'nl~ltt or r~. penalty incurred f6ff~: , : ...... ) ordina~ce, curred before or after suit or recoveP1% add every pei'son~ (¢lttl) or association breach xvhatsoevep of this ordhl:lnce of any of its terrlls, condi[iolls pro- limilalion~, shall be deemed to have in- curred, and shall bO stfbj[rbt to and lie-, ble for tim penaIty and costs herein- bc 'ore provided. SECTION 11. Should the Council of the City of Bakersfield at any tine ~ e- Ccl'uline that an~ DeI'8OB. Chlb or ciation bas violated any ord4nance the City totaling to the sale of liquors, tot that such clnb or asso~.iaLion is conducted in a lawful and orderly ,nf.P, or 'l]lat aet~ o[ a .cllaract~r irary to proper police }~g'[la~i6ns; illjuFio~s to [ho social order of the city or of lhe public, are 1)evmitted or not lice to such club or associatio/~ so licensed, revoke such or!let' ;lhd ~)tl'lnissio!l and cancel the .license; Nut no licehse shall be revoked ~xcept upon wri[teu charg'es t'o the City Cou~n ciL which shall be presented- to' ('ouDcil at its n¢xt IBCetJll~, Tho COII~' cil shall thereu!*on set a time for hear- ina' lhe charges aBd d~ect tho Cieck~t to give notice to lbe }I~ldeP ers of such 1 cease so five (lava' ndtiqe ~f tl}~h~i>hig;"'ai~dl 'scowl th~rewi[h~, coDv:~said charges. SECTION 1.2. This o~lim~nce shelf ~in frill fei'cc and e~[ect from and after' thirty days fl'(}lll the date of its I hereby certify lbat the foreg'oint~ ,crdinallco was passed by tho (Jouncit of  he City of Bakersfield oI~ t~ lgfk~day [ ,lune 1916, by the following ;otc. AYES: Cranda. ll }:lay, J'ames, Smith, Taylor. . ' "i NAYS: None. Uitv Clerk and ex-Ofl'ici~ Cterk o[ the1 ~'~upeil of the City of ~tcersfio}d. Al ']~OTIgD this 19t~}: day Of ~'alle;,.I Mavor'~ tile C[¢~.