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Home My WebLink AboutCC ORD 1933-625 Intoxicating beverages (Not codified)Jr* 4"tjo fltiG ORDINANCE NO. 625 LICENSING AND REGULATING TUE MANUFACTURE AND SALE OF CERTAIN REVF.R- A(ES WITHIN THE CITY OF N ATI( IN AL ('ITY, CAIdFOR- NIA. The City Council of the City of National City. California, DO OR- DAIN as follows: Section 1. That the term "bev- erages" as used in this ordinance is hereby defined to be any beer, lager beer. ale. porter. wine, fruit juice or other br.wed or fermented liquor, containing one-half of one per cent eon or more of alcohol by vulinno and not more than 3.2 per rentum of alcohol by weight. Section 2. It shall be unlawful for any .person, firm, or Curpura- tlml within the City of National City to naar,ula;cure, sell. disp. use or give away any beverage or to keep or nraintai••any establish Inc ut or place wherein any beverage is niii nufarl ar .t. sold. dispensed or given away without first having ob- tained a license therefor in accord- ance with the t ruts and provisions of this ordiu:uuee. Section S. Any person, firm or eorporaticn desiring a license under this ordinance, shall make written application therefor to the City Council of the City of National City - and said City Council shall have power and authority, aft, r public hearing. to issue licenses hereunder after It has determined that late rip_ plicaut is a suitable person to man- ufacture. sell or dispense or carry on the business of manufacturing andior sepia;: ]Leverage, as defined iu this ordinance. Said City Coun- •.•il shall he the sole judge of the q ualifica Lions of the applicant and it Is h reby authorized to reject any and all a. ppl:cations in its disero- tien. All a.pp`icattons for licenses shall be accompanied by the amount of money required by this ordinance as the rate to he paid for snrh license and no such applica- tion shall be considered unless ac- companied by the required money. In the event the application for license is refused by the City Coun- cil. the money so deposited shall b•• returned to the applicant. .111 money, eelleeted therefor shall be patd into the General Fund of the City of National City. Section 4. After the City Council has granted a license hereunder. it shall be the duty of the City Clerk to issue to the licensee. after the payment of the license fee herein- after specified, a. license ''shish may be in substance as follows: "TTIls IS TO CERTIFY that tins been granted a license by the City of National City, In arcordanee with Ordinance No. and has paid therefor the stun of $ and pursuantto the ,}ii nVisions of said ordinance Is entilkd to keep, conduct and carry- on the basing. f selling beverages at ... for the term of from date hereof. • Dated: .. ., 1 it . City Clerk of National City." „Section 5. The rate of license shall be ns follows: (a) For every hotel, boarding house, restaurant, drug store. cafe ea teteria and other public eating places where heverl ges as deti nest in this ordinance are sold, to he consumed upon the premises where sold and whirl are during all hour's when open for business, able and willing to serve bona fide meals to guests and patrons theavof, the sum of $30.00 per year. (b) For every fraternal, social or benevolent association or bona fide incorporated club with annual dues of of least $13.00 where hever- ag-,s as defined in this ordinance ore sold, dispensed or given away to the members or guests thereof, the soya of $30,00 per year. (r) For every grocery store, market, drug store or other estab- lishment or place of business whene bcv.'rag.'s as defined in this ordi- nance are sold in the original package and not to be consumed upon premiss s where sold, the sum of S20.00 per year. (d) For r Very place of business where beverages as defined in this ordinance are sold at wholesale in the original packages not to be consumed upon the premises where sold. the sum of $50.00 per year; provided that no sale shall be made of a quantity Les than three gal- lon; and provided farther, that no sale shall he made to any person not the holder of a license issued pursuant to the terms of this map_ nonceauthorizing resale of such beverages. (c) For every place of business a. hero brvev':ags a:; defined in this moll:nth., are Inanllt'.lettlred and not to be consumed upon the prem- ise.•, the sum of $200.00 per year. Section 6. All license fees here- in pruv id_cl for shall he due and payable annually in advance. See•tfon 7. Each license issued hereunder shall be asued only to ttte inelividaal applicant and shall not be Lean fera hie except with the cons. nt of the City Council. Where the applicant maintains store than i e're a; ore or establishment as a par: of the gains badness, such applicant shall he required to apply fry Individual licensers for sae 11 1:r p.:tat, • ~lure are i sl:abllsltinent. the event that a corporation or co- partnership is the applicant. an of- ficer or the manag, r thereof shall apply fo,• the license in his in- div.cltual name and he shall b., hel'l responsible for the furl and com- p:etc performance of all of the terms :and provision, of this ordi nonce. Section 8 No licenses lssu ed pursuant to the terms of this o•-di- ltnne.% shall authorize the conduct or carrying on of the licensed business except at the singe loeo- tion and upon the pr Miss. only dosoriheii in the license; provided t oat the City Council may upon application consnt to a change in location of a licensed business. Section H• It. shall hp unlawful for lire holder of any Iice.n3(' issued hereunder to harbor, admit or re- ceive or permit to be or r-mu;i within or upon the licensed preen any lewd or dissolute person or any drunken or boisterous per- son. or any person who," pretty nee or conducttends in any way to cor- rupt the morals of other persons present. Section 10. It shall be unlaw- ful for the holder of any license issued hereunder to sell, dispense, serve or give away to any person under Ibe age of eighteen years any beverage :as her. In defined. Section 11. Every licensee tin- der this ordinance shall conduct his place of business so •as to pre- vent disorderly conduct of any kind or character the•r.in and he shall be personally responsible for the maintenance of such place of busi- ness in an orderly, peaceful and lawful manner. Section 12. In the event of the violation of any of the terms and/ or provisions of this ordinance or for :any cause deemed by it suffi- cient, the City Council of the City of National City shall have power to revoke the lir:nse issued to such licensee and in sue•h ease the license fee paid for such license shall be forfeited to the City of National City. Set tine 13. Any person, firm or corporation violating any of the provisions of this orainance shall be guilty of a misdemeanor and upon eon vie•t ion thereof shall be pun - baled ty n. fine of not more than $300.00 or by imprisonment in the City or County ,tail for a period not exceeding three months, or by both said' fine and iinprisonrtlent. Section 14. In the event that any person. firm or corporation holding a license under the terms o: this ordinance shall he con- victed of a violation of any of the provisions hereof, such license shall bo :ort hwith revoked and no License tinder the terms of this orelinanoe shall thereaft: r be granted to such person, firm or corporation. Section 13 if any pro vislo ris of this ordinance or the application thereof to any person or circum- stance Is held invalid. the remain- ing provisions of the ordinance and the application of soya provisions to other persons or circu ntstanc.s shall not be affected thereby. Sec(h.n 16. All ordinances or party: of urdinanees in conflicthere- with are hereby repealed. S' etion 17. This ordinance is one for the preservation of the public peace, health n.nd safety and take effect and bo in force from and after its passage and ap- proval. The facts constituting the erg ney- for the laissage of this ord inan re are as follows: The Congress of the United States basin', authorized the sulc of beer and Leine containing c•ctlain per- centages of alcohol and the L:gis- lature of the State of California having' failed to regulate the sale of such beverages in the State of California, this Council is of the opinion that the unregulated and fndi-crirnenate sale of such bever- ages would jeopardize and seriously menace the peace and quite and : `eriu usly interfere with the ordi- nary conduct of business in the City of National City, and that the sale of such beverages should therefore :nantedia tely regulated. S ctinu 18 The City Clerk shall certify to th- pttasage of this ordi- nance and said ordinance shall be published once in the NATIONAL CITY NEWS. SIGNED AND APPROVED IiA1:O1.1) P. RI•:QUA, \lsy or of the City of National City. ATTEST: KATHERINE KING, City clerk of the city of National City. (SEAL) CERTIFICATE OF CITY CLERK I HI:RRHY CERTIFY that the foregoing Ordinance is a true and correct copy of Ordinance No. 625 of the City of National City, Cnli- _'urnin, entitled "Licensing and Regulating and Manufacture anri Sale of Certain Beverages with- 627 in the City of National City, California"; that said ordinance was passed and adopted by said City Council at IL meeting thereof on the 6th day of April, 1933 by tho following vote, to -wit: AYES: Councilmen Pettit, Thatcher, Wade and Waddell. NOES: Councilmen Requa. ASSENT: Councilmen none. AND I IIEREBY CERTIFY that the same has been ty published according to law. r. ;r HA W47. City Clerk of t City of National City. California. (SEAL)