HomeMy WebLinkAboutOrdinance #363 k' {
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF HUNTINGTOld BEACH
A:iEIiDINIG ORDINANCE ITO. 362 OF SAID CITY, ENTITLED
11 AN ORDINA OE OF THE CITY OF HUNTINGTON BEACH DE-
FINING INTOXICATING LIQUOR:- AND PROHIBITING THE
SALE, MANUFACTURE, TRAI`TTSPORTATION AND/OR POSSES-
SION OF IIvTOXICATING LIQUORS, DEFINIivG ALCOHOLIC
BEVMAGES AND REGULATING THE SELLING AND DISPE1,T-
SING OF THE SAME AND DESIGNATING LICENSE FEES TO BE
CHARGED THEREFOR, AND PROVIDING PENALTI'E'S FOR THE
VIOLATION HEREOF" .
The City Council of the City of Huntington Beach do ordain
as follows:
Section 1. That Section 1 of Ordinance No. 362 of
the City of Huntington Beach is hereby amended, so ,as to read
as follows;
"Section 1. DEFINITION: then used in this Ordinance, . the
following words and/or terms shall be construed to have t:re, mean-
ings indicated in this section;
a. The term "Alcoholic Beverage" when used in this
Ordinance shall be construed to include beer, lager beer, . ale,
porter, wine and other drinks of an alcoholic content not ex-
ceeding three and two-tenths (3.2fo) percentum of alcohol by weight
and which are intended suitable and fit for human consumption;
b. The term "Intoxicating Liquor" when used in this
Ordinance shall be construed to include alcohol, brandy, whiskey,
rum, gin, beer, ale, porter and wine, and in addition thereto 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 (3.20,) per-
- ( centum 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 by
which beer, ale, porter o wine is produced, if it does not contain
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more than three and two-tenths (3.2fo) percentum of alcohol by
weight, and is made and transported as prescribed by lays enacted
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 delivery or i
delivery at a later date, or offer for sale or delivery any
alcoholic beverage to persons within said City of Huntington Beach;
d. The terra "Person" when used in this Ordinance shall
be construed to include one or more persons, a partnership, an
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association, a joint stock company, or a corporation, and whenever
used in this Ordinance prescribing or imposing a fine, imprisonment,
or both, the term "Person" as applied to partnerships, associations,
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of joint stock companies, shall mean the partners or members there
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of and as applied to corporations shall mean the officers thereof;
e. The term "Sell" when used in this Ordinance shall be i
construed 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
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of any food, article or commodity or the conducting of any commer-
cial 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;
f. The term 1117holesale" when used in this Ordinance shall
be construed to mean the act of selling alcoholic beverages to any
regularly licensed alcoholic beverage dealer holding a Class 1 or
Class 2 License as hereinafter defined; " �
Section 2. That Section 9 of Ordinance No. 362 of the �
City of Huntington Beach be, and the same is, hereby amended so as
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to read as follows:
"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
packages, not to be drunk or consumed on the premises for which
the license is issued, the license fee shall be Ten
Dollars per year.
Class 2. To sell alcoholic beverages at retail, as here-
in provided, regardless of whether or not they are to be drunk or
consumed on the ._remises for which the license is issued, the lic-
ense fee shall be Fifty ( $50.00) Dollars per year.
Class 3. To sell alcoholic beverages at wholesale, as
defined 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 year. "
Section 3. That Section 11 of Ordinance No. 362 of the
City of Huntington Beach be, and the same is, hereby amended so
as to read as follows:
"Section 11. Any person desiring to apply for a license 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, which application shall be accom-Panied
by the license fee required by the particular Class applied for.
Such application shall contain the following questionnaire, which
must be ans17,fered in full by the applicant and sworn to and acknow-
\ led ed by the applicant before the Cit l Clerk or deputy r City Clerk
� g �' Ap Y � p S y
of said City. In the event said applicant is a firm or corpor-
ation., then said application shall be signed by the president and
secretaryor other duly authorized officers of said firm or co.rpor-
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1. The name and residence of applicant;
2. If the applicant is a firm or partnership, the
names and addresses of the members of the firm or of the
partners; if the applicant is a corporation, the names and
addresses of the Board of Directors of the corporation and
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its officers must be given;
3. The period during which the applicant has resided
at the residence given;
4. !Thether or not applicant is a citizen of the United
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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 pro4ibit-
ing 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 convic-
tion;
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
proposes to transact business under said license and a gen-
eral 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
reputation for law observance, and of his honesty, integrity
and morality;
10. Whether or not applicant intends to conduct the
business personally.
11. Whether or not the applicant has read the Ordin-
ance and is acquainted with the provisions therein;
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12. If the applicant is a club, association or an
organization, whether or not the club, association or
organization permits persons under Aineteen-.r (19) years
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of age to be members of such club, association or organ-
ization. "
Section 4. That there shall be a new Section added
to Ordinance No. 362 of the City of Huntington Beach to be in-
serted between Section 13 and Section 14 thereof, said new section
to be known as Section 13i and to read as follows:
"Section 13?; . Class 2 Licenses shall be granted only to
bona fide restaurants, public eating places, clubs, boarding
houses and/or hotels. Class 2 licensees may serve beverages as
herein defined, to bona fide guests and patrons only, to be
' consumed only with meals furnished in good faith at regular public
tables, or at eating counters at which said guests and patrons are
seated, or in the case of clubs and/or hotels, may be served in
guests' rooms. '
Section 5. That Section 14 of Ordinance No. 362 of the
City of Huntington Beach be, and the same is hereby &,ended so
as to read as follows:
"Section 14. Upon the approval of a license application and
the payment of the license fee, as provided for in this Ordinance,
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 naives of the owners or partners, if a firm or partnership, and
the names of the officers, ifta corporation, the number of the
license; 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 to sell alcoholic beverages only in the :Manner herein
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provided, for the Darticular class set forth in said license
and shall expire on the date therein set forth, which shall be
one (1) year from the issuance thereof.
Section 6. That Section 19 of Ordinance No. 362 of the
City of Huntington .Beach be, and the same is, hereby amended so
as to read as follows:
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"Section 19. No person shall sell, or offer for sale,. any
alcoholic beverage, as defined herein, to any person under the
age of nineteen (19) years, or to any person under the influ-
ence of intoxicating liquor. "
Section 7. That there shall be five new sections added
to Ordinance No. 362 of the City of Huntington Beach, said sec-
tions to be inserted between Section 22 and Section 23 of said
Ordinance, and said sections to be known as Section 22a, Section
22b; Section 22c, Section 22d and Section 22e, the same to read
as follows:
"Section 22a. That an excise tax is hereby unposed upon eacl�
person holding a Class 1 or Class 2 License in the sum of and at
the rate of Fifty (500) Cents per barrel of thirty-one (31) gal-
lons upon alcoholic beverages sold by said licensee. Each holder
of a Class 1 or Class •2 License shall render to the City Clerk,
on or before the loth day of June, 1933 and on or before the loth
day of each and every calendar month thereafter, a verified
report of the quantity of alcoholic beverages sold during the pre-
ceding calendar month. Such statement shall be upon a form furnished
by the City of Huntington Beach and shall give such information
as the City Council may require; provided, however, that said
information given shall include the inventory of all alcoholic bever-
ages on hand at the beginning of the respective month and at the
end of each respective month for which the report is made and
shall also include the amount of alcoholic
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beverages purchased during said month. Attached to said report
shall be a duplicate copy of all invoices of alcoholic beverages
purchased by said licensee during said month for which the re-
port is made.
"The City Clerk, on or before the 15th day of each and
every calendar month thereafter shall assess the excise tax due
hereunder and prepare and complete an assessment roll showing
the amount of excise tax assessed against each licensee and im-
mediately deliver to each licensee, by mail, a statement of the
amount of the tax due. The amount of such excise tax for each
month shall be paid on or before the 25th day of each follow-
ing month and shall be delinquent at 5: 00 P. M. of said day, and
ten (106%) percent penalty shall be added thereto.
" If any licensee shall fail, neglect or refuse to file
said report, the City Clerk must note such failure, neglect or
refusal upon the tax roll, as hereinbefore described, and must
estimate the amount of alcoholic beverage sold by said licensee
and assess the excise tax thereon, and said licensee shall be
estopped from complaining of the amount of said estimate. "
"Section 22b. The City Clerk may at any time within one year
after said statement is due examine the books and records of
any person required to make said statement, and such books and
papers shall at all times be subject to the inspection of said
City Clerk, or his representative, during regular business hours.
"If any examinations or investigations made by the City
Clerk shall disclose that any reports of licensees theretofore
filed with said City Clerk by said licensees, pursuant to the
requirements of this Ordinance, have shown incorrectly the amount
of beverages sold or the excise tax accruing thereon, said City
Clerk shall have the power, and is hereby authorized to make
such changes in subsequent assessments of said licensees under
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this Ordinance as he may deem necessary to correct the errors dis-
closed by his examination of the records of said licensee or his
investigations in pursuance of his powers hereunder. "
"Section 22c. Any person refusing to permit the City Clerk or
his representative to make the inspection for which provision is
made in the preceding section or failing, to keep books of account
as may be prescribed_ by the City Clerk, or failing to preserve such
books for the period for which they are to be opened to the in-
spection of the City Clerk, and any person altering, canceling or
obliterating entries in such books of account for the purpose of
falsifying the records of sales of beverages made under this Ord-
inance shall be guilty of a misdemeanor and shall be punished by a
fine not exceeding Three Hundred ($300.00) Dollars or by imprison-
ment in the county jail not exceeding ninety (00) days, or by
both such fine and imprisonment. "
"Section 22d. Any licensee who fails to pay the excise tax
herein prescribed at the time at which it is due shall be guilty
of a misdemeanor and shall be punished by a fine not exceeding
Three Hundred ($300.00) Dollars or by imprisonment in the county
jail not exceeding three (3) months, or by both such fine and: im-
prisonment. "
"Section 22e. Any licensee who fails, neglects or refuses
to ?gay theiexcise tax as herein provided at the time when it is due
may have his license revoked; as provided in this Ordinance.
Section 8.( That this Ordinance is an emergency Ordin-
ance for the immediate preservation of the public health, safety,
morals and. general welfare of the citizens of the City of Hunting-
ton Beach, and the facts constituting such emergency are as follows:
The State of California has passed an Act for the regulation
of alcoholic beverages and providing the maximum license fee that
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may be levied by cities upon the business of selling alcoholic
beverages, and said Act conflicts with Ordinance No. 362 of
the City of Huntington Beach, and it is necessary because of
said confliction to amend said Ordinance No. 362. Therefore,
this Ordinance shall take effect from and after the date of its
passage.
Section 9. The City Clerk shall certify to the passage
of this Ordinance and shallcause 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 May, 1933.
MAYOR
ATTEST:
City Clerk and ex-officio Clerk' of the
City Council of the City of Huntington
Beach.
STATE OF CALIFOR 11IIAI )
ss.
County of Orange. )
I, C. R. FURRY City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach, do hereby certify that
the foregoing
g Ordinance was introduced and read at a regular
meeting of the City Council held on the 41
day(/of a.�, , 1933, and was again read to said City Council
on the bT— day of m , 1933 at a regular a4�
meeting of the said City Council', and the said Ordinance was
adopted by the following vote:
Ayes: Councilmenrvc. _ cw� _ �,; _ �ch,�,✓a
Noes: Councilmen:
Absent: Councilmen: )It y� i
City Clerk and ex-off icio-_ Clerk of
the City Council of the City of
_,___.___—____-_Huntington Beach, California