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HomeMy WebLinkAbout3041 3 4 5 h 7 R 9 10 11 12 13 19 20 ,1 2 23 24 25 26 27 28 9 30 31 32 O IFDINUIC_+ Nc% An ;ordinance regulating the business of manufactur- ing selling, disposir-C of , furnishing and givinEaway liquors within the City of Ran terna 'lino, imposing nunicipal.4icense therefor, and providing the manner of issuing and collecting the same; prescribing; the dities of certain officers of said " ity, in relation to such businessl, and fixing the penalty of its violation. T'r�e ' ayor and Common '7ounci 1 of the City of San Bernardino do Ordain as fo l l ores ; 3T",TI Olq- No norson shall, with -in the 'City oz San Bernardino, manufacture, sell, furnish, or give sway, anv %,ni ri tuous, vinous, Yr;alt or other intoxicating liquors, or engage in the business of keeping a saloon, bar, bar --room, dram- shop, tippling house, restaurant, eating house, hotel, store or ether dace where any such spirituous, vinous;, or other intoxicating liquors, are manufactured, sold, furnished, or given %way, without first ha,vin� obtained a license therefor as provided in this Ordinance; provid- r that this, Ordinance shall not apple to the sale of liquor by the owners and proprietors of Drug stores; or by their registered assistants, )pon the prescription of a regular practicing physician, br for medical or meth cal purposes, SECTION 11- .,kny persoii aesiring to sell, furnish, give away, or dispose of any spirituous, vinous, malt or other intoxicating liquors, or desiring to engage in the busines of keeping a saloon, bar; bar-rcom, dram -shop) tippling house,,or other place where any such spirituous, vinous, malt or ether intoxicating liquors are sold., furnished, 0 1 2 3 4 5 6 7 8 9 10 11 12 13 19 20 21 2 23 2+ 25 0 27 2 2y 30 31 32 or given away, shall make written application to the � � t4 f S, Common Council oafi Bernardino f cr a l is c noo so to r. do, vrhich said appliea.tion shell _4+:ate the parti�_tales 16cation b;; etreet :%nd number ojr c ther definite descript- ion of the house or r>le,c�e in «-hich the business is to i be conducted; and t:h,at said applic.�n.t will not allow or l games permit any �a�riblir�r-, tc be carri3d cn, or ens ames to be played Frith .a,res, dices or other device, or con- trivance, for money, checks, chips, credit, or any other rerresentative or thing of value, or allow any cards or dice to be or remain at such place. Said appl ica.t i on shall. be Pled with the City Clerk, and shall be accompanie by a sum of money eTuwl to one months license tag, in ad- lyance, for the business for which a license is sOWtt, which said sum shall be paid over into the City Treasurer, if the application be granted, and applied in payment of the first months license, but returned if the appli cat- ion be refueed; said application ahall also be accompanied by a joint and seQeral bond, in the penal :gum, of $2000.00,, executed by the applicant with two or more sufficient sureties, residents, and householders, or freeoholders, of the County of `'an Bernardino, State of California, pay- able to the City of San Bernardino, approved by the 'Mayor, conditioned, if a license be granted, the applicant will gay all licQnEe tax, that is/ or ma,v thereafter be imposed by law or Crdinane e of the said City upon the business proposed to be engaged in, so long as he shall con- tinue the same; that he will keep a vui et and orderly place of business, and upon any indication of any dis- turbance of the pe ace therein, be will take imediate action to prevent the same, and secure the arrest of all persons engaged in such disturbance; and that he will not 1 2 .3 4 S 6 7 10 11 12 13 14 15 10 17 18 19 21 22 211 24 25 26 27 28 -)9 30 31 32 JI� V 2! (st r r e r v le gyred 'L-. or f) e� r 7�" or allow an,, c ands or nice t-'O Y- r P': ,.'e.in 01 t'11' r i, v '.,3io, �I of 4-'As CrJinwicii no' f + f v or ��n�r o"ner Ord dance, I I or upo-I'l viola tiLon of -:),1i-"r of t�"e com"jitions of o,-,id bond the whOle nenaltay-thereof sh"-11 be E, ! 1 .1 payalr, I e t o 'JI-I 0 I i tTr o fan T3 e r ndine, :end y a-Woserpuent re - no wAclh bo-n(i sball upon t1he first or a.n cover~, of Judj,-'melit ,Hereon, become void or of no effect for future recovery, unless or unti'L auoh iud&rrnent, aside from the costs of suit) shall, be for the full penalty thereof, but suits may be brou4i't, -,:vnd jud4n-onts recovered thereon, until the 7.1hol-I penalty thereof be exhausted' SECTION1.11- Upon the film, of :sari application for a license,,, - as herein Irovided, the Common Council s-hall investigate the question as to -,xhether t'na person martin.`; such appli- cation is a proper, sober and suitable -person to carry on and conduct the place for which he requests a license, and whtther the place described in such application is a proper and suitalie".place for such business; and unless it shall appear to the satisfaction of said Comon Council that the applicant for said license is a suitable, sober and proper person to carry on and conduct such business, and that the :mentioned in the application is a proper and suitable place for the conductinc-of such business, and that the granting of such application Aill not be detrimental to the good order and prosperity of the -3- inaj' or the inhabitants thereof, s 7 s 9 10 191 201 21 22 23 24 25 26 27 20 29 30 31 32 shad be en3._J. arnd %j liicense s.�: rye issued` Said Comarl UT ave abs oItate ppwor to deny any a>�livat.iore Y�;i£a or a liceus, r MY ..,ether reason which it may deem aaff':icie3'lt If the , pliaction be granl-'ed a license be is:3ued to the applic.wlt* in the usual farm, deg i jaatin t' erei:r. T1e particular ;^lace in the City ,here iri -tne busine-aa is to be conducted, Arhic.� ,%lace ma � be �,n_u�;ed only bar �aaz-rnissian of the Cc nor. Coun��il; said license must be issued within ten days from the ,rantin<� thereof, and subsequently from 'Anse to time, but -without any interim, similar licenses shall be issued to the 3ane person or persons, on paY?'nenu of the requisite license tax, unless in the mean time such license, or tiie thereof shali be revoked or cease and provi.ded,tnat at any time after-,oiie._'year from,thi first grantirig of such license, the r"Jommon �;OIZ10,11 may cause the person to whoOt is issued " to be. notified that in ten days after such notice, hiss license and the grant thereof, �;!Iall cease xid terminate, unless within ten days, he shall renew his application for license,` apf}V�jmbiOV) such application shall be in iv 'w and sub- stance the same as hereinbefore prescribed, including a new bond, except that it shall state that it is a renewed application and is for a continuance of business!`. "Upon such reneged application f the "o:anon Council shall act and have the same power, authority, and discretion as upon first application, and in default of snaking the said application �►ithin ten days, the license to zuch person or persons, and the grantirG- thereof, shall. imm,=diately -4r er _;. e P shall 1 1 4 6 7 8 9 10 11 1'2 13 19 20 '1 �3 24 21) 26 27 28 29 30 31 I 2 wT yi� aI t- �� (.fir 10mr!o _ 'sier, for cause, r+ x ,v .�� ifY e, any license granted or P7 ov isi ons of '111; Ordinance; and in ee of such revo;sation, the City, ul��l•'_� s��ail give ljotice � stating the cause, to the-, ?person , :Ihose l ic;onee has been revoked, and thex•e�.ip�n s.�f :i peracn shall cease to sell, fu►nish or give ;r any spirituous, vinous, m�.lt, or intoxicating liquors of' .n�; kind. 7r,r""TON IV - The 'Pa,,r, of Ti(,-enae herein provided for shall be as gollows First• 'or every restsurarit, )otel,ns► eating huuae WI ere any spirituous, vinous, malt, or otrier intoxicating liquors are sold, or r u :(ni sh ed w i th and as part of bona fide meals, and :here no bar is kept, or spirituous, vinous, malt, or other liquors are sold, furnished or given away,. s=4�pt, w tth � Aa fide meals, the s im of $ 25.00 pe rmonth : ,Second:- J.4or every place of business where �1 quore are sold at Wholesale, in quantities not less than one quart,, at a time) the sum of $15.00 per month. Third: -For every distillery, brewery, or other place where spirituous, vinous, malt or other intoxicating liquors are manufactured, the sure of $10.00 per month. Fourth -.-For every saloon,,ba.r,bnat-room, tippling house, or any other place where any such spirituous, vinous, malt or othyer' intoxicating liquors are furnished, or sold or kept to'be fur- nished or sold in quantities less than one quart at a time, or to be drank in the premiseN where sold, except the places mentioned in subdivision One of this section, the sum of $5O.00 per month. 5 N I All such licenses shal1 be d,,ie wq,,1 -,a, gable on 41,11e first day of e-ac'_►z and every month, in adtr mce, at t'he off.i(,-e of the license collector, =nd a'n.v person or persons holding a license under this Ordinance, failing, to pay the 6 license tax as :herein v ovided, on or before the first day of' each and every month, i ri a,dv anc e, shall. irnmedi at e ly `' forfeit the license 'Meld by him or them, and no further 9 license %hall be issuead to such person, or. ?persons except to the same be authorized by the Common Council, after 11 application and investigation, as hereinbefore t:ro- 12 vided for an original application; and until such authori- 13 nation, such personnot sell, furxiish, or give away 14 any i.ntoxica.tiig liquors within the City of San Bernardino, 15 or open or cause to be open any saloon or place where any U such liquors are soldrf'urnished, or kept to be sold or 4 17 ` furnished y its SECTION V- 19 It shall be unlawful for any saloon, bar, bar- 20 rooT. , tippling house, dram -shop, where wines, ale, beer, 21 or any other spirituous, vinous, malt , or other intoxicat- 22 ing liquors are sold, flim-13hed or given away, or kept to 23 be sold, furnished or given away, to be open, or kept open 24 between the hours of twelve o'clock P. M. of every Saturday , 25 and Five o'clock A. .. of the following Monday, and between 6 the hours of twelve o'clock n . M. of every other days 27 and five o'clock A. V. of the succeeding day; and it shall 28 be unlawful for any person to sell, barter, furnish, or 9 give away, any wines., ale, beer, or any other spirituous, ;Q vinous, malt) or other intoxicating liquors, or wholesale 31 or retail in the city of San Bernardi -no between the hours 32 J_Of Twelve o'clock P. fvf. of every Saturday and five o'clock . of the following; Monday, and between the hours of ,..,, . 1 twelve o'clock D. M. of every other day arid. five 2F A. �F. of the succeeding day; except the same be furnish- ed with and as a part of a bona fide meal. , E 4 UC T I ON VT.:' No license shall be isauedto any p ereon to conduct 6 or carry on any saloon, bar, bar4rcem, drea4hop, 7 or tipplirk� house, i any room or place in which there ahalli 8 be any stall, partition, booth, aide -/room, back-rroom, 9 upper+room) or other apartment or in any room or 10 place vibi-ch is convected Vith any stall, booth, side/ -room, 11 backtrocm , upper room, or othet apartment in the same or 12 adjoining buildiT ; and any license granted or issued to 1.3 any person, or personsato conduct or carry on any such 14 place, shall immediatel-,- terminates and cease to be in force 15 or effect whenever any such paa�sGn allows or per- 16 mite any partition, stalls, booths, side�room8, back-pfooms, x 17 upper -rooms, or other apartment to be or remain tbs=*& . - 18 roam or place whero such business is conducted or 19 ca.rri ed on, or allows the room o r place where such bus- 20 i.ness is conducted or carried on to be or remain connected 21 to or with any such stall, booth, eiderroom, back/room, 2-) uppei jroorc, or other apartment' providin this section 3 shall 4aue no reference to a watertc loset, ice chest or 24 room which is used exclusively- as and for a store room, 25 providing that not more than one such storeroom shall. be 26 in any such place. SECTION VII- 27 No person engaged in selling; spirituous ,vinous, 28 malt or other intoxicating liquors in any saloon, bar,barw room, or other place in the City of San Bernardino, shall. 29 sell, furnish, or give away, any such spirituous, vinous, 30 malt, or intoxicating liquors to be delivered or used, or 31 that shall be delivered or used in any stall, booth, side- 32 room back -room, be,c�•�m,upper-room, or other apartment, �fl in the same or adjoining building, connected -e 2 or used suc., saloon bar -room- or other r) Dtc e, IT,, nT ON T. i, I , JTT7 4 i��aSr i n s e 11 i nz an-, 'ao person a-tA. U V.Lriol)sj I-.nalt, or any other int oxicat J k ri� lici,uora , in a. i, restaurant, hotel, cr eatino- house in the City of �D 6 San 'Bernardino, Shall sell, furnish o--,- ;-ive away, any liquor to be dclivered or used, ot that shall be delivered or sued in any stall., booth., a i d e - r o om, 9 back -room, upper -room, or apartment, ot'her than the 10 L _� room , in ha sable or adjoining building main dinning .1 t 11 connected or used vith such rest wurant or eatin,- house; J.-) exceptirkg only alcoves or booths , without doors, 13 curtains or other obstructions to the view. 14 J SFCTTQN TX - It shall. be unlawful for any person or per- 16 sons engaged in 15 h- e business of selling spirituous, vinou., 17 U bar, malt or other intomic.,ating liq7,;ors at 9,ny saloon, bar -room, or tippling house, within the City of San 19 Bernardino, to keep, maintain conduct or erL;age in any 20 01 e played, which is layedcondtLcted p v or c arri- a on with C'affl 21 cards, dice, or other device or contrivance, for money, 22 checks . chips, credit, or any other representative or 23 thi%-c- of value, or permit or allow any cards or dice to 24 be or remain within the room or - place where his or 25 their business is conducted or carried on, or to harbor, 26 admit, ready permit to be or remain within the 17 # said room) or place any lewd or dissolutefemale or any 2',-') common prostitute Indian minor, or common drunkard -)9 or person whose name has been placed upon the, :Owt of 10 persons to whom intoxicating liquors shall not be sold. 31 SECTION X- 32 Whenever it satisfactorily appears to the 8 [ P 4 6 7 8 9 10 11 12 U 14" 15 w 16 4 17 a 18 19 20 21 22 23 24 25 26 27 28 9 30 31 32 �QMITi: 1 �:coRnc-1.1 of the `ry3t`r Of �i�n a,,�?2'�??i _ilno, t .ate � i r, y, L4 o i or n r. i" l� l ski , }? o ff di Ti" & I; ` zl J t'n � ± e o intoxic, .tir.; liquors Under this Ordinance, has violated anl,- of the terms , conditions or provisions hereof; such iice�ls�; shall be revoked, and no ft rthpr license shall t-,A- is.�izFa to such person or persons. SECTION XI- ermission shall not be grantegl for the keep- fl- ing of !Yjore than eiGhteen saloons, bars, bwr-rooms, or tippling houses within the "i',y of San Bernardino, and pat more thin two of such at any one time, shall be conducted or carried on on the same side of any one block. SECTION XII- It is hereby -na7e thy; duty of the iicense collector of the City of San Bernardino, to collect all licenses provided by this "ordinance; :he shall receipt for all moneys received for each license on the back there- efand shall return, on the first day of each and every ronth, the arount collected by him for the proceeding month, and shall pa,,- the sane to the City Treasurer and receive his receipt therefor. SECTTON XIII-. It shall be unlawful for any person or persons claimint; to be a °physic:an to give a prescription for intoxicating liquors to any person except ; for'. mFOical purposes, or to give any such prescription for the purpose of evadin_ -, or :assisting to evade any of the provisions of this Ordinance. 1 4 7 8 9 10 11 1? 13 1- SECTION XIV- No License issued under this Ordinw),ce shall b'e or assiE;n ed, transferred, except by permission of the Common Council, and any person other than the licensee, doingbusiness on an assigned � icense, Without per -m mission of the Common Council, shall be deemed guilty of a violation of this :ordinance. SECTION 'm- 'll licenses now issued to persons engaged in th:; business of selling , or furnishing intoxicating liquors within the City of San Bernardino shall become !gull a`�a.d void, unless such person shall, within ten days alter the adoption and approval of this Ordinance, mane application for a continuance and renewal there of as herein provided. SECTION XVI _Any person violating any of the provisions o-1' this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $500.00, or by imprisonment for a term not exceeding; six inunths, or by both such fine and imprison- ment. SECTION XVIT-- That portion of Ordinance No. 286 of the City of Tan Bernardino , and all other Ordinances and parts of Ordinances in conflict with this Ordinance are hereby repealed. SECTION XVII1- This Ordinance shall take effect and be in force from and after three days after its adoption and ,approval . 10- 2 `ECTION XIX- , y 3 The City Cleric shall. certify to the passage oa A„ 4 this Ordinance, and cause the � �r:e to be pii.nted and b 5 published three consecutiveda?:s in the)aily Times--Tndex. T hereby certify that the: foreoin 7 Crdi _ ance was adopted by the Common C��unci, of the 8 C itv of >an Bernardino, , at its 221ef'ti?1" held onthe of ay, 1905, by the following vote: j, kilo k 10 t' ,h 15 City Clerk andfor the*City of San Bernardino., 201 21 22 23 N 25 26 27 28 29 30 31 32 m Approved this day o ay, 1905, ' 'Mayor of �d for the Ci',y of San Bernardino.