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HomeMy WebLinkAboutOrdinance #6 Proposed by Trustee David O. Stewart: — ORDINANCE NO. 6 "AN ORDINANCE PROHIBITING THE SALE, GIFT OR DELIEVERY OF ALCOHOLIC OR INTOXICATING LIQUORS IN THE CITY OF HUNTINGTON BEACH, OR IN ANY MANNER DEALING IN SUCH LIQUORS. EXCEPT IN THE MANNER AND FOR THE PURPOSES PROVIDED HEREIN." The Board of Trustees of the City of Huntington Beach do ordain as follows. Section 1. — It shall be unlawful for any person or persons, firm, corporation, club or association, or member of such club or association, to establish, carry in, keep or maintain a place where spirituous, vinous, malt or intoxicating liquors, or any mixtures thereof, or any alcoholic drinks what ever are sold, kept for sale, offered for sale, furnished, distributed, divided, delivered or given away, except as in this ordinance here in after provided. Section 2. — It shall be unlawful for any person, either as owner, employer, agent, servant, clerk or otherwise to sell, keep for sale, offer for sale, furnish, distribute, divide, deliver or give away, within the City of Huntington Beach, any spirituous, vinous, or malt liquors, or any mixture thereof, or any alcoholic or intoxicating drinks whatever, except as in this ordinance here inafter provided. Section 3. — It shall be unlawful for any person, either directly or indirectly, to keep or maintain, by himself or by associating or combining with others, or in any manner to aid assist or abet in keeping or maintaining any club room or other place, within the City of Huntington Beach, in which any spirituous, vinous, or malt liquors, or any a mixture thereof, or any alcoholic or intoxicating liquors are received or kept, for the purpose of gift, barter or sale, or for distribution or division among the members of any club or association, by any means whatever, and it shall be unlawful for any person within the City of Huntington Beach, to disperse, barter, sell, or give away, or assist or abet another in dispensing, bartering, selling, or giving away, any such liquors so received or kept. Section 4. — It shall be unlawful for any person to have in his possession within the City of Huntington Beach, any spirituous, vinous, malt or mixed liquors, or any alcoholic or intoxicating drinks, or bottles, barrels, vessels, or other articles, with the intent to use the same in violation of this ordinance, and in addition to the penalty herein after provided, all such liquors bottles, barrels, vessels, or other articles in the possession of such person shall be and are hereby declared to be nuisances, and the City Marshal and his deputies shall have the right, and it shall be their duty, to abate such nuisance by seizing the same, and upon the conviction of such persons of violating this ordinance, all such liquors shall at once be destroyed by the said Marshal in the presence of at least two witnesses, and a written report made by them to the Board of Trustees. ORD.006 1 Section 5. — It shall be unlawful for any person to let or lease any building, tenement or place owned by him or under his control within the City of Huntington Beach to be used, or permit the same to be used, in violation of this ordinance. Section 6. — It shall be unlawful for any officer, agent, or employee of a railroad company, street railway company, express company, transfer company, or any person what ever with in the City of Huntington Beach, to knowingly carry or deliver any spirituous, vinous, malt or mixed liquors, or any alcoholic or intoxicating drinks, or vessels for containing the same, to or for any person, to be sold or used in violation of this ordinance. Section 7. — It shall be unlawful for any person to solicit or take orders within the City of Huntington Beach for any spirituous, vinous, malt or mixed liquors, or any alcoholic or intoxicating drinks to be used or sold in violation of this ordinance. Section 8. — It shall be the duty of the city Marshal and his deputies to put persons suspected of violating this ordinance under strict surveillance, and to use all legal means in detecting and convicting persons violating this ordinance including the exercise of the right of search, as provided in Section 13 of this ordinance. Section 9. — Any registered pharmacist, under the laws of this state, as proprietor of a regular drug store, may, in the manner herein specified, sell alcoholic liquors in the City of Huntington Beach for bona fide medical purposes, in accordance herewith, upon the written prescription of a physician entitled to practice medicine under the laws of the State of California, provided, however, that said prescription shall be written signed, and dated by such physician within twenty four hours of the date of sale; That the name of the person applying personally for the prescription and the name of the person for whose personal use the prescription is made, shall be inserted therein by the physician issuing the same, at the time the prescription is made or given; that the prescription shall be presented to and filed by the druggist before any sale or furnishing is made thereon, that all prescriptions shall be numbered and kept in regular cuccession by the pharmacist filling the same, on a separate file, convenient for, and open and subject during all business hours, to the inspection of the Marshal and his deputies, and to any person who may be designated by the President of the Board of Trustees of said City; -that only one sale shall be made on one prescription; that the prescription shall be written or given only, when in the opinion of the physician, such liquor is actually necessary as a medicine for the person named thereon, and such prescription shall specify the kind and quantity of liquor to be furnished thereon. Section 10. — Whenever the father, mother, wife, husband or guardian, or any adult relative of any person, shall notify any registered pharmacists or druggist that such person, naming him, uses intoxicating liquors as a beverage and shall forbid said pharmacist, or druggist from selling, bartering or giving to such person any alcoholic liquors, it shall be unlawful for such pharmacist or druggist, after such notice, to let such person have any alcoholic liquors upon prescription or otherwise. Section 11. — Every act in violation of this ordinance shall separately, or for each day of its continuance, be deemed a perarate offense, and any person who shall in any manner ORD.006 2 encourage, aid, abet or assist in the violation of this ordinance, shall be deemed guilty of a misdemanor, and any clerk, servant, agent, or person committing any act in violation of this ordinance shall be deemed guilty as principal. Section 12. — Wherever the city Marshal or any of his deputies shall have probable cause to believe that any person has in his possession any spirituous, vinous, malt, or mixed liquors, or any beverage containing alcohol in any percentage, with the intent to keep or dispose of or use the same contrary to or in violation of any of the provisions of this ordinance, he may apply to the City Recorder, as herein after provided, for a search warrant, and upon such search warrant issuing, may search for and take possession of any such liquors. Section13. — The provisions of Sections 1523 to 1540 both inclusive, of the Penal Code of the State of California, except Sections 1536, are hereby adopted and made a part of this ordinance the same as if fully set forth herein, and reference is hereby made to said sections. When ever in said sections the words"magistrate" or"Justice of the Peace" are used, the words "City Recorder" shall be deemed substituted therefor. Section 14. — When the property is delivered to the City Recorder he must retain it in his possession, and if the grounds on which the warrant is issued be controverted, and it be determined by said City Recorder that the grounds stated in the affidavits upon which such warrant issued were not sustained, he must order such property restored to the person from whom it was taken, and if said City Recorder sustains the grounds upon which such warrant issued, or if the person from whom such property is taken is convicted of violating any of the provisions of this ordinance relating to such property or growing out of the possession or use thereof, said City Recorder shall order the City Marshal to destroy such property in the manner set forth in Section 4 of this ordinance. Section 15. — The words "intoxicating liquors" used in this ordinance shall be construed to mean alcohol, alcoholic liquors, wine, beer, spirituous, and all intoxicating liquors what ever. The term "Marshal" as used in this ordinance shall be construed and understood to mean the City Marshal of the City of Huntington Beach, and the term "Recorder" shall be construed and understood to refer to the City Recorder of the said city. Section 16. — Any violation of any of the provisions of this ordinance shall constitute a misdemeanor, and every person found guilty of violating any of said provisions, shall, upon conviction thereof, be fined in the sum of not more than Three hundred Dollars ($300), or be imprisoned not more than three (3) months in the city jail of the City of Huntington Beach, if there be one or in the county jail of Orange County, as the City Recorder may direct, or be punished by both such fine and imprisonment. Section 17. — All ordinances, or parts of ordinances in conflict with this ordinance are hereby repealed. Section 18. — The City Clerk shall certify to the adoption of this ordinance and cause the same to be published once in the Huntington Beach News, a newspaper published and printed in ORD.006 3 the said City of Huntington Beach, and thereupon and thereafter it shall take effect and be in full force. Ed Manning President of the Board of Trustees of the City of Huntington Beach. M.D. Rosenberger City Clerk and ex officio clerk of the Board of Trustees. I M. D. Rosenberger, City Clerk of the City of Huntington Beach, do hereby certify that the foregoing ordinance was passed at a regular meeting of the Board of Trustees of the City of Huntington Beach, held on the 8th day of March 1909, by the following vote. Ayes. C. H. Howard. M. E. Helme, D. O Stewart C. W. Warner, Ed Manning. Noes. None. M. D. Rosenberger City Clerk. I M. D. Rosenberger, city clerk and Ex officio clerk of the Board of Trustees of the city of Huntington Beach, hereby certify that the foregoing ordinance is a true and correct copy of an ordinance of the city of Huntington Beach numbered"6" and entitled"An Ordinance Prohibiting the Sale, Gift or Delivery of Alcoholic or Intoxicating Liquors in the City of Huntington Beach, or in any manner Dealing in such Liquors, Except in the manner and for the purposes provided herein," and that the same has been published in the Huntington Beach News a news paper published and printed in the city of Huntington Beach according to law. Date published March 12th 1909 M.D. Rosenberger City Clerk. ORD.006 4 phis Ordinance was reproducedfrom a lool lool handwritten original in its exact form to maintain its historicaCtntegrity. This tyyewrtttenformat alCotivs for keyword searching. the lool lool handwritten originaCs can be viewed in the City Cterk 's office on request.