HomeMy WebLinkAboutOrdinance #362 D
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ORDINANCE NO. 362
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
DEFINITG IN^iOXICATING LIQUORS AND PROHIBITING THE
�- SALE, MANUFACTURE, TRANSPORTATION AND/OR POSSESSION
OF INTOXICATING LIQUORS, DEFINING ALCOHOLIC BEVER-
AGES AND REGULATING THE SELLING AND DISPENSING OF
THE SAME AND DESIGNATING LICENSE FEES TO BE CHARGED
THEREFOR, AND PROVIDING PENALTIES FOR THE VIOLATION
HEREOF.
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The City Council of the City of Huntington Beach do
ordain as .follows:
Section 1. DEFINITION: When used in this Ordin-
ance, the following words and/or terms shall be construed to
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have the meanings indicated- in this section:
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a. The term "Alcoholic Beverage" when used in this Ord-
inance shall be* construed to include beer, lager beer, ale,
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porter, wine and other drinks of an alcoholic content not ex-
ceeding three and two-tenths (3.2�6) percentum of alcohol by i
weight and which are intended suitable and fit for human con-
sumption;
b. The term "Intoxicating Liquor" when used in this .Ord-
inance shall be construed' to include alcohol, brandy, whiskey,
� rum, gin, beer, ale, porter and wine, and in addition thereto
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any spiritous, vinous, malt or fermented liquor, liquids and
compounds, whether medicated, proprietary, patented or not, and
by whatever name called, containing more than three and two-
tenths (3.2fo) percentum of alcohol by weight, which are fit for
use for beverage purposes; provided that the foregoing definition
shall not extend to wine,' nor to any beverage or liquor produced
by the process b which beer, ale, porter or wine is produced, if it
does not contain wore than three and two-tenths (3.2%) percentum
\ of alcohol by weight, and is made and transported as prescribed
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by laws enactled by the Congress of the United States of America;
C. The term "Peddling" when used in this Ordinance shall
be construed to mean going from house to house, place to place
or in or along the streets within the City of Huntington Beach,
taking orders for, or selling and making either immediate de-
livery or delivery at a later date, or offer for sale or delivery
any alcoholic beverage to persons within said City of Huntington
Beach;
d. The term "Person" when used in this Ordinance shall
be construed to include one or more persons, a partnership, an
association, a joint stock company, or a corporation, and when-
ever used in this Ordinance prescribing or imposing a fine, im-
prisonment, or both, the term "Person" "as applied to partnerships,
associations, or joint stockcompanies, shall mean the partners or
members thereof and as applied to corporations shall mean the
officers thereof;
Ie. The term"Sell" when used in this Ordinance shall be con-
strued to include: sell, offer for sale, advertise for sale,
exchange or trade, whether at wholesale or retail and, when done
in the ordinary course of business and/or in connection with the
sale of any food, article or commodity or the conducting of any
commercial retail or wholesale establishment where food is sold or
served, to serve or give away, whether as principal or agent, owner,
manager, operator, officer, director or employee; 4
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8 any ncr nn hnl r3i na n C'1 nac l T.i nev�ao nr r!l siec+ T.;•n—
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non e.c ear Perwits.
Section 2. No person shall manufacture, sell, barter, �
transport, import, export, deliver, furnish or possess any intoxi-
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eating liquor except as authorized by this Ordinance, and all the
provisions of this Ordinance shall be liberally construed to the
end that the use of intoxicating liquor as a beverage shall be pro-
hibited.
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Section 3. It shall be unlawful to have, possess,
transport or manufacture any intoxicating liquor or property de-
signed for the manufacture of intoxicating liquor intended for use
in violation of this Ordinance or which has been so used, and no
property rights shall exist in any such intoxicating liquor or pro-
perty. A search warrant may issue in such a manner as may be pro-
vided by the laws of the United States of America or of the State of
California applicable thereto; which laws are hereby referred to
and by reference made a part hereof, and such intoxicating liquor,
the containers thereof, and such property so seized, as hereby auth-
orized, shall be subject to such disposition as the Court shall make
thereof. If it is found that such intoxicating liquor or property
was so unlawfully held, possessed, transported, or manufactured,
or had been so unlawfully used, the intoxicating liquor and all
property designed for the unlawful manufacture of intoxicating liq-
uor shall be destroyed, unless the Court shall otherwise order.
Section 4. It shall be unlawful to advertise, maamz-
:facture, sell or possess for sale any utensil, contrivance, machine, I
preparation, compound, tablet, substance, formula, direction or (�
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recipe advertised, designed or intended for use in the unlawful !�
manufacture of intoxicating liquor.
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Section 5. Nothing in this Ordinance shall be held to J
limit the manufacture, sale, transportation, possession or distri-
bution of medicinal, sacramental, industrial or any other intoxi-
eating liquors, when such intoxicating liquors are manufactured,
sold, transported, possessed or distributed in conformity with the
provisions of Acts of Congress or rules and regulations of the United
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States Internal Revenue Department, under the authority of such
Acts of Congress and of the Eighteenth Amendment to the Consti-
tution of the United States of America.
Section 6. Should the Congress of the United States
of America transfer any of the powers and duties, now exercised
by the United States Internal Revenue Department, to the United
States Department of Justice or other department, then all refer-
ence in this Ordinance to such powers and duties of, or regula
ticns, rulings or permits issued by the United States Department
of Internal Revenue shall apply to the United States Department
of Justice or such department to which Congress may transfer
such powers and duties.
Section 7. The City Council of the City of Hunting-
ton .Beach hereby recognizes and declares that the sale of alco-
holic beverages within the said city is an occupation which
peculiarly affects the public health, morals and' safety of the
citizens and residents' of said city, and as such isproperly the
subject of regulation in the police power conferred upon said city
by the Constitution of the State of California, and, exercising
said police power, said City Council hereby regulates and licen-
ses the sale of alcoholic beverages in said city.
Section 8. It shall be unlawful for any person to
sell ; within the City of Huntington Beach, any alcoholic Bever-
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I age without first having applied for and obtained a license
from the City Council of said city so to do, as hereinafter pro-
vided.
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Section 9. There shall be three (3) classes of
licenses to be issued hereunder, as herein defined, for each of
which class the license fees, as herein provided, shall be paid:
Class 1. To sell alcoholic beverages at retail and in pack-
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ages, not to be drunk or consumed on the premises
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for which the license is issued, the license fee
shall be Forty (040.00) Dollars per half year.
Class 2. To sell alcoholic beverages at retail, regardless
of whether or not -they are to be drunk or consumed on
the premises for which the license is issued, the lic-
ense fee shall be Fifty ($50.00) Dollars per half year.
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Class 3. To -sell-alcoholic beverages -at-wholesale; as de-
fined herein, in package form, whether from or at a
fixed place of business or from a truck, wagon or
other vehicle, the license fee shall be Fifty ($50.00)
Dollars per half year.
Section 10. It shall be unlawful to engage in the
' business of peddling alcoholic beverages within the City of Hun-
tington Beach.
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Section 11. Any person desiring to apply for a lic-
ense to sell alcoholic beverages shall make application in writing
for a license so to do, which shall conform to the requirements
of this Ordinance and shall be on a form prepared and furnished
by the City of Huntington Beach. An application fee of Five ($5.00)
Dollars to defray the expense of investigation of the applicant,
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which fee shall become the property of said city regardless of Whe-
ther or not the application is granted, shall accompany each ap-
plication. Such application shall contain the following question-
naire, which must be answered in�full by the applicant and sworn
to and acknowledged by the applicant before the City Clerk, or
deputy City Clerk of said city. In the event said applicant is a
firm or corporation, then said application shall be signed by the
President and Secretary, or other duly authorized officers of said
firm or corporation:
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1. The name and residence of applicant;
2. If the applicant is a firm or partnership, the names and
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addresses of the members of the firm or of the partners;
if the applicant is a corporation, the names and addres-
ses of the Board of Directors of the corporation and
its officers must be given;
3. The period during which the applicant has resided at
the residence given;
4. Whether or not applicant is a citizen of the United States;
5. Applicant' s place of birth and if a naturalized citizen,
the time and place of naturalization;
6. Whether or not applicant has ever been charged with, or
convicted of a felony or violation of any law prohibiting
the sale, possession or transportation of intoxicating
liquors in any state or territory of the United States
of America, giving full details of any such charge or
conviction;
7. Whether or not applicant desires to apply for a Class 1,
Class 2 or Class 3 License;
8. The address of the establishment at which applicant pro-
poses to transact business under said license and a
general description of the class of improvements thereon;
9. Applicant shall be required to give at least three names
and addresses of references as to his character and
rep tation for law observance, and of his honesty, integ-
rity and morality;
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10. Whether or not applicant intends to conduct the business
personally;
11. Whether or not the applicant has read the Ordinance and
is acquainted with the provisions therein; ^�
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12. If the applicant is a club, association or an organ-
ization, whether or not the club, association or organ-
ization permits persons under twenty-one (21) years of
age to be members of such club, association or
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organization.
Section 12. Such application shall be filed by the ap-
plicant, in person, with the City Clerk and shall be kept with said
City Clerk as a permanent record. If, upon investigation, it
shall be established that applicant has sworn to an untruth in his
application, such act shall be deemed to be a violation of this
Ordinance, and applicant shall be subject to prosecution therefor.
No license shall be issued under this Ordinance by said City Council
to any applicant who has been convicted of a felony or whose repu-
tation is, or past conduct has been, such that the City Council, in
its discretion, does not believe applicant could maintain an estab-
lishment, if granted a license, with full observance of the pro-
visions of this Ordinance, and the laws of this City, State and of
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the United States of America.
Section 13. No license shall be issued to any Club,
except a bona fide Club or organization which has had and main-
tained Club Rooms in the City of Huntington Beach for at least one
(1) year prior to application for license, and then only in the
discretion of the City Council.
Section 14. Upon the approval of a license application
and the payment of the license fee, as provided for in this Ordin-
ance, the City Clerk shall issue a license in the name of the person
granted same, which license shall contain the name of the licensee,
the names of the owners or partners if a firm or partnership, and
the names of the officers if a corporation, the number of the lic-
ense; the location or place of business where said business is to
be carried on, the date of issuance of said license; the date of
expiration thereof, and the classification of said license, which
license shall permit and/or authorize the licensee therein designated
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to sell alcoholic beverages only in the manner herein provided,
for the particular class set forth in said. license and shall
expire on the date therein set forth which shall be six (6) months
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from the issuance thereof.
Section 15. Each licensee, under this Ordinance, shall
be personally responsible for the proper operation of the business
which he may be licensed to conduct hereunder and for the obser-
vance of all laws and ordinances applicable thereto by anyone engag-
ed in or connected with said business. No license issued under this
Ordinance shall be assigned or transferred to any other person, nor
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shall any such license authorize any person other than the licen-
see named therein to do business or act under such license. Any
licensee who shall permit a violation of the city ordinances or
state laws or of the laws of the United States of America within
his licensed establishment shall be subject to having his license
suspended or permanently revoked by the City Council.
1 Section 16. Every person having a license under the pro-
visions of this Ordinance shall keep such license posted and
exhibited while in force in some conspicuous part of said place
of business. Every person- having a license under the provisions
of this Ordinance shall produce and exhibit the same when applying
for a renewal thereof, and whenever required fit? do so by any police
officer or by any officer authorized to issue, inspect or collect
licenses.
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Any person issued a license hereunder who shall desire to
renew said license at the expiration thereof shall file a renewal
application with the City Clerk not less than two (2) weeks prior
to the expiration of said license, which application shall be on a
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form furnished by the City Clerk. The City Clerk shall present
said application to the City Council at the next meeting held there-
after whether regular, regularly adjourned or special, which said
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application shall have endorsed thereon the recommendation of the
Chief of Police of said City, and the City Council may either
grant or refuse said application for renewal.
Section 17. No license shall be issued to any estab-
lishment within six hundred (600) feet of any public school grounds.
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,I Section 18. Signs advertising or relating to the sale
of alcoholic beverages when painted or lettered upon the glass
window of the place of business of any licensee hereunder shall
occupy a total space not to exceed twelve inches by twenty-four
(12 x 24) inches, and the letters used thereon shall be not t.o ex-
oeed four (4) inches in height, and no signs bearing the words
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"liquor" , "bar" , or "saloon" may be displayed inside, outside or
about the premises of any licensee hereunder.
Section 19. No person shall sell, or offer for sale, any
alcoholic beverage, as defined herein, \to any person under the age
of twenty-one (21) years, or to any person under the influence of
intoxicating liquor
Section 20. No person holding a license shall be per-
mitted to do or maintain a street curb business nor to dispense
or serve alcoholic beverages to any person in any vehicle or on any
vacant lot.
Section 21. It shall be unlawful for any person to drink
alcoholic beverages upon any vacant lot, or upon the public streets
or sidewalks of the City of Huntington Beach, or upon any public
school or church grounds.
Section 22. Any license issued hereunder may be revoked
Ve ri.4 ed
by the City Council upon its own motion or upon thWomplaint of
any citizen or resident of the City of Huntington Beach and satis-
factory and convincing proof -that the licensee is conducting the
business licensed in such a manner as to be detrimental to the
public health, morals or safety. No such license shall be revoked
except upon. a hearing by the City Council, of which hearing the
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licensee shall have had not less than ten (10) days notice. Such
notice, written and served upon the licensee either person-
ally or by registered mail, and when by registered mail, deposited
in the United States Post Office at Huntington Beach, California not
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less than ten (10) days before the date. of hearing, addressed
to the licensee at the place for which the license was issued, with
postage prepaid thereon, shall. be sufficient notice. At such hear-
ing the licensee shall be entitled to be represented by counsel and
shall be given full opportunity to show cause why his license
should not be revoked.
Section 23. Any person violating any of the provisions
of this Ordinance shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be punishable by a fine of not/more than
•Three Hundred ($300.00) Dollars, or by imprisonment in the city
jail or in the county jail of the County of Orange for a period of
not more than three ( 3) months, or by both such fine and imprison-
ment.
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Every such person shall be deemed guilty of a separate offense
for every day during any portion of which any violation of any
provision of this Ordinance is committed, continued or permitted
by such person, and shall be punishable therefor as .provided by
this Ordinance.
Section 24. If any section, subsection, sentence,
clause or phrase of this Ordinance is, for any reason, held to be
invalid or unconstitutional, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City Coun-
cil of the City of Huntington Beach hereby declares that it would
have passed this Ordinance and each section, subsection, sentence,
clause or phrase thereof, irrespective of the fact that any one or
more other sections, subsections, sentences, clauses or phrases be
declared invalid or unconstitutional.
Section 25. That this Ordinance is an emergency Ordinance
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for- the immediate preservation of the public health, safety,
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morals and general welfare of the citizens of the City of Hunt-
ington Beach, and the facts constituting such emergency are as
follows:
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Congress of the United States of America, by statute,
has made the sale of alcoholic beverages, containing not more than
three and two-tenths (3.2�6) percentum of alcohol by weight, law-
ful, and the City of Huntington Beach has repealed all Ordinances '
prohibiting and/or regulating the sale of intoxicating beverages
and/or alcoholic liquors containing more than one-half of one
percent of alcohol by volume, and it is necessary for the public
peace, health, safety, morals and general welfare of the commun-
ity that the sale of intoxicating liquors, as herein defined, be
prohibited, and the sale of alcoholic beverages be regulated,
and that the regulations herein provided for become effective
upon the date of the repeal of Ordinance No. 6, Ordinance No. 219
and Ordinance No. 223 of said City of Huntington Beach, which
ordinances regulated and/or prohibited the sale of zntoxic.ating
-liquors.--. Therefore, this Ordinance shall take effect from and
after the date of its passage.
Section 26. The City Clerk shall certify to the pas-
sage of this Ordinance and shall cause the same to be published
by one insertion in the Huntington Beach News, a weekly newspaper
printed, published and circulated in said.. City of Huntington Beach.
Passed and adopted this. � day of ,
1933.
MAYOR
ATTEST: '
City and ex-of icio Clerk of the
City Council of the City of Huntington
Beach.
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STATE OF CALIFORNIA, )
ss.
County of Orange. )
I, C. R. FURR, City Clerk and ex-officio Clerk of the
City Council of the City of Huntington Beach, do hereby certify that
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the foregoin Ordinance was introduced and read at w regular
l meeting of the City Council held on the
day of-- , 1933, and was again read to
said City Council In the day of
1933 at a regula�i e ting of the said City Coup l, ,and the said
Ordinance was adopted by the following vote:
Ayes: Councilrn n• - ' "•`. —
Noes: Councilmen:
Absent: Councilmen:
City Clerk and ex-officio Clerk of
the City Council- of the City of
Huntington Beach, California.
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