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HomeMy WebLinkAboutORD NO 329 ORDINANCE NO ~.~ AN ORDINANCE REGULATING THE SALE AND DISPOSITION OF SPIRITUOUS, MALT AND FERMENTED LIQUORS, WINES AND CIDERS, AND MIXED INTOXICATING LIQUORS, WITHIi~' THE CITY OF BAKERSFIELD: REGULATING THE PLACES. THERE SAME ARE SOLD OR DISPOSED OF: PRESCRIBING CONDITIONS UPON WHICH LICENSES MAY BE GRANTED, REVOCATION THEREOF: FIXING THE AMOUi~T OF THE LICENSE FEE: PRESCRIBING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE: REPEALING ORDINANCES NUMBERS 133, 134, 135, 136, 156, 188, 206, 208, and SECTIONS 8, 9 and l0 OF ORDINANCE NUMBER 327, AND ALL ORDIN~.NCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAKERSFIELD, as follows: SECTION 1. Every person, firm or corporation shall before-engaging in or commencing or carrying on the business of selling, serving or giving away spirituous malt or fermented liquors, wines or ciders (or mixed in- toxicating liquors), within the limits of the City of Bakersfield, obtain a license the=cf or from said City for the current calendar year, and pay for the same in the manner and sums hereinafter specified~ provided, that no license shall be issued for any saloon, barroom, dram shop or tippling house, or any other place where spirituous, malt or fermented liquors, wines or ciders, or mixed intoxicating liquors are sold, given away or otherwise disposed of, except under an order of the Council of said City. SECTION 2. That the licenses to be issued hereunder shall be classified as follows: (1) Wholesale liquor dealer's license. (2) Retail liquor dealer's license. (3) Class B Hotel, Eating-house or Restaurant liquor license. Each class of said license shall be applicable only to the particular cla:~s of liquor business as hereinafter apecified, for which -1 - the same is issued, except as otherwise provided herein. It shall be the duty of the Chief of Police of said City of Bakersfield to issue licenses ~zuder this ordinance to and under the classification specified in the per:mits therefor, which shall be filed with the City Clerk of the City of Bakersfield, in the name of the person or persons or corporation designated in such permit, and liable to pay the license under the same~ the Chief of Police to have the collection of all the license fees under this ordinance including the payment made by the applicant to the City for an original license. SECTION 3- For the purpose of this ordinance a wholesale liquor estab- lishment is declared to be a place where spirituous, malt, vinous or fermented liquors, wines or ciders, or mixed intoxicating liquors are sold, given away or disposed of in quantities of not less than one- fifth gallon, except in original packages, and where such liquors are sold, given away or disposed of, not to be drunk on the premises where so sold, given away or disposed of~ and any person, who, as owner, agent, or othem~ise, conducts or carries on any such place or estab- lishment the same being conducted or carried on exclusively or in connection with, or as a part, department or branch of any other bus- iness or occupation, is for the purpose of this ordinance declared to be carrying on the business of a wholesale liquor dealer. SECTION ~. For the purpose of this ordinance a retail liquor estab- lishment is declared to be a place where spirituous, vinous, malt or fermented liquors, wines, or ciders, or mixed intoxicating liquors are sold,~ given away or disposed of in quantities less than five- gal~l'on~ at. tk~.; same ti~e , to be drunk either upon the premises or elsewhere. -2 - SECTION 5. Fo]: the purpose of this ordinance a Class B Hotel, eating- house or restaurant is declared to be a place equipped with conven- iences for cooking and preparing victuals, and where bona fide hot meals are act%~lly served at least three times a day, and at least six days in the week, and where any malt, vinous or fermented liquors, wines, ciders or beers are served, furnished, sold or given away. SECTION 6. Fo~: the purpose of this ordinance, a bona fide meal is declared to be a meal consisting of such quantity and quality of food as is ord£inarily served for a meal in hotels, eating-houses or restaurants. SECTION 7. Any peraon or persons, firm or corporation, who, either as owner, agent, lessee or otherwise, Conducts or carries on a retail liquor establishment as herein defined, is for the purpose of this ordinance declared to be carrying on the business of a retail liquor dealer. SECTION 8. Theft the rate of license for engaging in ~nd carrying on the business of a wholesale liquor dealer in the City of Bakersfield is hereby fixed at the sum of Four Hundred Dollars ($~00.00) per year for each place of business or establishment, payable in advance in quarterly installments of One Hundred Dollars ($100.00) each and the license issued therefor shall be designated "Wholesale liquor license." SECTION 9- Theft the rate of license for engaging in and cmrrying on the business of a retail liquor dealer in the City of Bakersfield is hereby fixed at the sum of Nine Hundred Dollars ($900.00) per year -3- for each place of business or establishment, payable in advance, in quarterly inst~llments of TWo Hundred Twenty-five Dollars ($225.00) each, and the license therefor shall be designated "Retail liquor licnese, n SECTION 10. Theft the rate of license for conducting and carrying on a Class B hotel, eating-house or restaurant in the City of B~kers- field, is hereby fixed at the sum of Three Hundred Dollars ($300.00) per year, for each place of business or establishment, payable in advance in quarterly installments of Seventy-five Dollars ($Y5.00), and the license so issued shall be d~signated "Class B Hotel, Eating-house or Restaurant Liquor License." SECTION ll o A spearate license must be obtained for each place o~ branch establishment, where said business is carried on, and for each class of business above enumerated, whether carried on by one o r more persons. SECTION 12. No license shall be held by or gr~nted to any person or persons under the provisions of this ordinance unless the applicant or applicants therefor is a citizen or citizens of the United States and a bona fide resident or residents of the City of Bakersfield and continue to be such during the term of said license~ no license shall be held by or granted to ~ corporation unless each of the stockholders thereof shall be citimens of the United States and bona fide residents of the City of Bakersfield, and continue to be such during the term of the license applied for, provided however~ that the Council may in its discretion issue a wholesale liquor license to any corporation. SECTION 13. Ew~ry person, firm or corporation desiring to open, keep or conduct a wholesale or retail liquor establishment, or conduct a hotel, eating-hOuse or restaurant in connection with which liquors are sold, served or given away, shall make an application in writing to the Council of the City of Bakersfield for permission to obtain the license herein required, and evenly such person, firm or corpora- tion shall, before the first d~y of January of each year, make appli- cation in writing to said Council, for renewal of such license for the ensuing year, and shall file with the said application a written recommendation setting forth that the applicant or applicants are of good moral ch~zracter and are sober and suitable persons to conduct such business~, and that such place of business is a suitable, respec- table and proper locality for conducting the business agreeabl~e to~ social order ~znd due police regulations of the City, which recommenda- tion must be signed by not less than ten respectable citizens of said City (none of Whom shall be employes of, or hold office under said City) owning or occupying real property in the immediate vicinity of such proposed establishment, giving their residences and places of business and occupations. The application herein required shall contain and est forth: (l~i~ The name and remidence of the applicant or applicants and how long he or they have resided in the City of Bakersfield. (2) The particular place for which said license is required and the name of the owner of the premises. (3) That the applicant or applicants are the only person or persons interested in the business asked to be licensed, and that no other person or persons shall be in any way interested therein during the continuance of the license. (4) Whether or not the applicant or applicants have had a license for the sale of liquor in said City of Bakersfield revoke~ during any time preceding his or their present application. (5) Whether the application is original or renewal. -5- Said application mu~t be verified by the applicant if an individual, or the applicants if a partnership, or, if a corporation, by the President or Secretary thereof. Before filing such application, the applicant or applicants shall deposit With the Chief of Police of said City of Bakersfield, the sum required for the payment of the first quarter of the license or licenses desired to be procured. The Chief of Police shall there- upon endorse upon each application that the requisite amount has been deposited with him to secure such license or licenses. Th8 s~nounts so received by' the Chief of Police sh~ll be returned to the applicant if the applice0tion is denied, but if allowed the Chief of Police shall apply the same to the first quarter license. SECT I ON 14. Any person or persons objecting ~o the issuance of the license, or the renewal thereof, may file a written remonstrance which shall be heard at the next meeting o~ at a time set by Council before the application is passed upon. SECTION 15. Upon receiving such application the Council shall refer the matter to the Chief of Police and the Nayor for investigation as to the moral character of the applicant or applicants, and whether he they are sober and suitable person or persons to conduct and keep such a place, and whether such a place is a suitable and proper place for conducting auch business and they shall then report to the Council at the next meeting. If the Council finds such person or persons to be of good moral character and aober and suitable person or persons to conduct such place and that such place is a suitable, respectable and proper locality for conducting said business, agreeable to social order and the police regulations of the City of Bakersfield, then they may, in their discretion, order the Chief of Police to issue the license. But if the Council eh~ll find that the applicant or appli- cants are not sober and suitable persons to keep or conduct such place, or that such place is an improper place or locality considering the due police regulations of the City and of the social order thereof, they sh~ll deny the petition and no license shall be issued. SECTION 16. Any of the above designated liquor licenses can be assigned only to a bons~ fide purchaser in good faith of the business to which it relates, and after the consent and approval of the Council of said City upon an application therefor filed, containing in addition to the requirements herein specified for obtaining an original license (except as to making a deposit) a statement designating the particular place where saie~ assignee desires to conduct said business, and that the assignment is made subject to the approval of said Council, and must l~e verified by both assignor and assignee~ and provide further, that upon the death of the holder of any license, the same shall vest in the heirs, executors or administrators of the licensee, as the case may be. .SECTION l?. Any licenses as above set out, who desires to change the location of his said liquor business, ma~ petition the Council for permission so to do, designating in said petition the place where said business is desired to be carried on, and which said petition sh~ll contain all of the requisites of an original applicmtion for a license. SECTION On the recommendation of the Nayor and the Chief of Police, the City Council in its discretion may issue permits exempting from the provisions of this ordinance, such bonm fide hotels, eating-houses or restaurants who serve wines in lieu of tea and coffee, making no additional charge therefor, such wines to be served only with bona fide _ 71_ meals as'defined in thi~ ordinance and only at such hours as meals are regularly served in such hotels, eating-houses or restaurants, such hours to be specified in each pe~mit, and no other intoxicating liquor shall, be served or consumed in any hotel, eating-house or res- taurant under such permit. SECTION Bona fine drug stores may sell liquors for medical and mechanical purposes only, without a license. But such drug stores must keep a record book in which shall be entered each quantity of liquor sold, the kind of liquor, the purpose for which it is to be used, the date, name of purchaser, the signature of the purchaser, if delivered at the place of busi. ness, or the signature of the proprieto~ or person making the delivery i8 delivery is made elsewhere. Si~ch record book slmll .be open to the inspection of any policeman of the City of Bakersfield at all times, and upon written instructions from the Chief of t~olice, liquor shall be refused to any person or persons named in such instructions. Any druggist failing in any way to comply with the terms of this section shall at once be and become subject to all of the provisions of this ordinance. SECTION 20. It shall be unlawful for the proprietor of any retail liquor establishment to permit any woman, or minor to visit, enter, or loiter in hie or its place of business, or any ante-room or compartment in connection therewith. SECTION 21. It shall be unlawful for any person holding any license under this ordinance, or his employes, agents or servants, to sell, dispose of or give away any spirituous, malt or fermented liquors, win~ or ciders, or mixed intoxicating liquors, to any minor or to any person or persons visibly under the influence of intoxicating liquors, or to any person or persons known to be hatltual drunkards. SECTION 22. It shall be unlawful for any person, fiEn or corporation holding a rets~il liquor license to sell, serve, dispose of or give away, any epirituous, malt or fermented liquors, wines or ciders, or mixed intoxics~ting liquors outside of the barroom for which emid license is granted. SECTION 23. It sh~ll be unlawful for the holder of any Class B hotel, eating-house or restaurant liquor license, directly or indirectly to serve, furnish, sell, give away, or permit to be sold, served, furnished or given away, or consumed, any malt, vinous, fermented liquors, beers, ciders, or mixed intoxicating liquor~ except with bona fide 'meals as defined in this ordinance. SECTION 24. It shall be unlawful for the holder of any Class B hotel, eating-lhouse or restaurant liquor license, his agent or ~employee, to construct or cause or permit to be constructed, or to maintain or permit to be maintained, any private box, room, ante- room, alcove or any other place where liquors or meals are served to women in which the occupants shall not be in full view of all patrons or others entering the dining rooms of such hotel, eating-house, or restaurant. SECTION 25. It sh~ll be unlawful for the holder of any licmnse granted under the provisions of this ordinance, his agent or employee, to construct, or cause or permit to be constructed, maintain, or permit -9- to be maintained, any dumb waiter, pass cupboard or pass window, or any similar means whereby liquors might be delivered from the room or rooms where intoxicating liquors are served, sold, furnished, stored, given away or consumed, and any other room or rooms, and the presence of such dumb waiter, pass cupboard, pass window or similar contrivance in any establishment operating under a license granted under the provisione of this ordinance shall be sufficient grounds for the revocation of such license. SECTION 26. It :~hall be unlawful for the holder of any license granted under the provisions of this ordinance, his agent or employee, to construct, or cause or permit to be constructed, maintain or permit to be maintained, any electric or other means of signalling or commu- nication with any person in any reom, chamber, basement or other place where any game of chance is played or where the use of opium or any other vice is permitted, and the existence of any such means of communication in any establishment operating under any license granted under the provisions of this ordinance fhall be sufficient grounds for the revocation Of such license. SEOTION It sh~ll be unlawful for the owner, proprietor, man~.ger, licensee, or other person or persons having charge of any establishment conducted und~r a wholesale liquor license, retail liquor license, or Class B hotel, eating-house or restaurant liquor license, to sell, serve, give away or dispose of any spirituous, malt, vinous, or mixed intoxicating liquors, or permit said liquor to be sold, given away or disposed of, or consumed on the premises for which the license is granted, between ll:3© o'clock P. ~. and 6 o'clock A. ~. following. - l0 - SECTION 28. It shall be unlawful for the owner, proprietor, manager, or any other person or persons having charge or control of any estab- lishment conducted under a wholesale liquor license, or retail liquor license, to permit any person or persons other than the owner, propri- etor, m~nager or person or persons in charge thereof, to be or remain in said place of business between the hours of ll:30 o'clock P. M. and 6 o'clock A. N. following, or to permit or allow any entrance or exit of any such place to remain open or unlocked, or permit the entrance or exit of any person other than the owner, proprietor, manager, or person or persons in charge thereof, between the hours of ll:30 o'clock P. M. and 6 o'clock A. M. following. SECTION 29. Should the Council at any time determine that any person or persons keeping or conducting any of the above designated licensed places is not of good moral character, or is not a sober or suitable person or persons, to conduct and keep such place, or has violated any ordinance of the City of Bakersfield, or any laws of the State of California relating to the sale of intoxicating liquor, or that such place is not ¢:onducted in a lawful or orderly manner, or that acts of any character contrary to proper police regulations, or injurious to the social order of the City o~ of the community, are permitted or are~ not prevented therein, said Council may after notice to the person or persons so licensed revoke such order and permission and cancel said license. In s. uch case the Council shall be judge o$ what conduct is~ detrimental t¢, morality and to the social and police interests of the City. But no license shall be revoked except upon written charges to the Council. The Council shall thereupon set a time for a hearing of the charges and direct the City Clerk to give the party charged at - ll - least five days' notice of the hearing, and send therewith a copy of said charges. SECTION 30. It shall be unlawful for any person, firm or corporation holding a license under this ordinance to permit any person or persons to play upon any musical instrument, or to dance or promenade, sing, or give any vaudeville, theatrical, operatic, musical, or other performance or to operate or cause or permit to be operated any musical instr.~um.~e~D~ that produces the voice, sound, song or music, in or near said licensed place, unless there shall have first been obtained from the Council of the City of Bakersfield, a permit so to do, under restrictions as may be imposed by the Council in such permit, which permit shall be revo- cable at any time at the pleasure of the Council. SECTION 31. Any person or persons violating any provision of this. ordi- nance shall be deemed guilty of a misdemeanor and shall upon conviction thereofb~ punis, hable by a ~in~ not exceeding Two Hundred Fifty Dollars ($250.00) or by imprisonment in the County Jail not exceeding ninety (90) days, or by both such fine and imprisonment, provided however, that upon conviction of the violation of .section 21 of this ordinance the penalty shall be a fine in the sum of Two Hundred Fifty Dollars ($250.00) SECTION 32. Ordinances number 133, 13~, 135, 136, 156, 188, 206, and 208, and Sections 8, 9, and l0 of ordinance number 327, are hereby ex- pressly repealed, and all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. SECTION 33. This ordinance shall be in full force and effect from and after thirty days from the date of its passage. I hereby certify that the foregoing ordinance was passed and adopted by the Council of the City of Bakersfield, ~n the 14th day of N~y, 191y, by the following vote: NAYS: ~~ ABSENT :~~ C~t~/~ Clerk ~ ex-off£Oio clerk o~r the ~0~mcil of ~e City of Bakersfield. &I~PROVED this 14th day of Nay, 1917. -of t ~'~Oit~ of ~a~~d.