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HomeMy WebLinkAboutOrd 59-1912 ~icensing and ~egu~ai~ ing ~h~ ~f~c, an~ disposing of pi.rit~us, ,malt and e~nted liquors /.~o~ .~ a~ixture /~hereof, in the ~ity ~f South S~ ~ra~isco, ~? The B~a~ ( Trustees ~f t~J Ci~.~ S~ut~ S~n ~ran~ de ordain as fcll~ws: Section 1. it is hereb~ declared and made unlawful pers~, persons, fi~ er ce~oratio~ tc keep within the City South San Francisc~ any saloon, bar, stere, dram-shop, tippling place, stand, ~r.any other place where spirituous, ~alt or fer- mented liquor ~r wine, or any ~ixture thereof, is sold, witheut ~ving the license therefor i~ this ordinance provided, and by ~his ordinance required. ~ection 2. It is her~b~ declared to be, and is ~ereby made unlawful f~r ~ny per3on, ~ersons, fi~E or co~cration tG sell within the Cit~ of South S~ Francisco, an~ spirituous, malt fermented liquors, or wine, cr ~ny ~d~ixture thereof, without having ~he lice~se therefor in this ordinance provided, ~nd by th~.3 ordinance required: and the giving or furnishing of riotous, ~lt, or fermented liquor, or wine, or ~ny thereof, ~o an~ person in co~ecticn with the sale of any other article, ~nd ~ a p~rt of the ~e ~rans~ction, sh~l~ constitute, ~der ~he provisions off ~hi~ ordinance, a s~le of ~uch ~piri~uous~ m~l~ or fe~en~ed liquor, or wine, or' the admixture thereof, given ~r f~rnished. 2~cti~n ~. ~1 licen~e~ shall be D~i~ ~or in adva~me, lawful mo~y of th~ United ~t~, ~ ~be ~?~r~hal ~f the City ~u~h S~n Francisco. Section 4.The lice~se her~in required mu~t be procured from th~ Clerk of the City ~f S~u~h ~n Vr~n. ci~co, ~nd pa~ent lice~se t~x mu~t be ~de to the ~rsh~l of the City San Wranciaco, before the co~encement of ~the business herein ..;,, -~e.:-~on 5. A separate pemis~ion and license, unaer sep~ra:e place of, busine'ss, '~d such 'pe'::~'i'ss:ion',an~::l~c~'ee,; s~ll ~t~rlze .the party ~ed.in Such license-to run or condue.t.~ ~ ,--Sect~ion 6...No t:ieens..e issued umder the p~ovisio~s'of th~s ordinance shall ~e..assi6nable or~.tra~sferrab~e,-or authoriz'~'an~ person.,~persons, fiFm or co~oration, other' than is ed, to.do business, or authorize business to be done, at any other place-or .building than the place.'or bu~'lding specified .therein. Eve~' ~icense issued under 'the provisions this .ordinance shall speoif~ .by n~e the person, persens, or co~oratiQn, to whom it is issued, and the paTti, cular place and buildin~ in which %he business for which it is iSSued iS be carried on, and also' the da~e of its issuance, the which it is issued and a description of the business to be e'arri- ':~ e~ on thereunder. Said license shall also contain as part %here- Of the following stipulation, ~o-wit..~ "This license received and accepted subject ~o all the terms and gond-ttions of Ordinance No.~_ of the City of South San ~rancisco', ' Board of Trustees, which ap¢llcatfcn must be accompanied by 6. under which it is issued'". 8aid stipulation must be signed bY'the person, Persons, firm or corporation named ~'n such license before ~ny business is ~uthor~zed to be done under said license. ~aid license shall a% all times be kept comspicuously posted up in the place of business specified therein, and shall not be valid, nor any liquor sold thereunder, unless so kept posted up. Section 7. The 5~arshal of the City of mouth San ~rancisco is hereby authorized, required and directed to collect a~l licen- ses and all sums of money herein 'mentioned, and provided for in this ordinance. It is also hereby made the duty of said ~.~arshal to cause criminal complaints to be filed against all persons, fi~vns or corporations, violating any of the provisions of this ordinance. Section 8. ~o license required by this ordinance shall be issued by the Clerk or ~arshal to any person, persons, firm or corporation, or, if so issued, shall be valid for any purpose unless such person, persons, firm or corporation shall have been first granted a permit bY the Board of Truste~:s of said City of South San ]~rancisco to obt~in the license required by this ordinance, and such permit must be in force and unrevoked at the time of the issuing of every license. No permit to obtain the license required by any of the pro- visions of this ordinance shall be gran~.ed by the Board of Trus- tees of said City of South San Francisco, or if so granted, shall be valid for an[~ purpose, unless the following conditicns have been complied with, to-~.~.~it: Each applic~tnt for a license shall f~le with the Clerk of the City' of South San ?rancisco, at least. five days prior to any regular 'meeting of the Board of Trustees of said city, at which s~id ap~,~licant desires to be he~zrd, a written application to said Bo~rd of Trustees for a permit to obtain the license herein required, which s~tid application shall state and set forth: Pirst:-- The name and residence of the per- 3. · son or persons, .a~ of each member of ~he firm~ ami of each dir- e~ch of ~id per~en~ ~$ been a resident of the City of South 8~ Fr~cisco. ~d t~t said person or person, and ~ach member ~- of said fi~. ~d each director of sai~ co.oration, ts either a native born or ~turallzed citizen of the United States. or . ts a ~eident ~nd freeholder within ~e City of South S~ ~r~- ctaco ~d has declared hie or her intention, beffore ~e ~eventh k d~ of ~tcbcr, l~12,to become a citizen of t~o.e Un:[~;~ States. ~1~ Second:,-~e clmss of license and place ~d building in ~ which the business is to be conducted. Third:-- ~at said applicant has not, nor has ~y ~er of said applicant fi~, nor a~ director of said applicant corpor- ~'~ ation, ',ithin two years prior to the date of m~ing said app- lication, been refused a pe~it by said Board of Trustees, nor has had a~ license ~voked by said Board within said time. Fourth:-- Said applic~t or applicants shall also execute and file a bond in the penal s~ of One Thousand (10~) Dollars, with two or more sureties and payable to the City of South San Francisco; and the sureties shall accompa~ said bond With ~ affidavit that they are each residents and freeholders within the Co~ty of S~ ~ateo, State of California, and are each worth the s~ specifi~ fn said .bond over and above all their jus2 debts and liabilit..ies, e. xcl~ive of p~operty exempt from execu- tion. No personal surety shall be acceptable on such bond who has already become liable upon three bonds executed for similar pu~oses. A~ co,oration such as mentioned in Section Ten Hun- dred and Fifty-six (1056) of the Code of Civil Procedure of the State of Califo~ia may become sole surety upon such bond. Said bond shall be conditioned that said applicant or applicants shall ~d will conduct the business for which a pe~it and license are somght, in a quiet, orderly and reputable manner, and shall not and will not pe~it a~ disturbance of the public peace, orde~ o~ decom.m~, by a~ noisy, riotous, or disorderly conduct on the premises; and shall not and will not sell, give aw~ or fu~ish 4. · ~, s~ny spirituous, malt Or fermented liquor, or wine, or any admix- ture thereof, or permit the same to be done, to any intoxicated person, or to an~c.minor under the age of eighteen (18) years, or to any habitual drunkard, or to any person to whom said spoil- cant or applicants may be forbidden to sell by written notice made by the husband, wife, parent, child over twelve (12) years of age, brother, .sister, guardian, ward over twelve (12) years of age, or employer of such person; and shall not,and will not, permit any intoxicated person, or habitual drunkard, or minor under the age of eighteen (18) years to be, or remain in or about the room in which said business is conducted, and shall not, and will nov,, sell, give away or furnish to any person any spirituous, mal~, or ferm. ented liquor, or wine, or any admixture thereof, or permit the same to be ~ne, between the hour of ele- ven o'clock p. m. and the hour of five o'clock a. ~. of the following day'; and shall not,and will not, permit any dancing in his, their or its place of ~:usi~ess, or in any place connected therewith or formin£~ ~ part thereof or annexed, thereto; and. shall! and will, obey and abide by the te~r~ of this ordinance, and all laws and ordinance~ ~ow in force, or which may he~'eafter be en- acted, regulating places of business where spirituous, malt, or fermented liquor, or ~ine, or any admixture thereof, is sold, given away cr furnished. Section 9. Any person or persons, may' aDd, ear at the meeting of said Board of Trustees at which any ap].~lmcation is to be n .... rd, and file a protest against, and be heard in opposition to the granting of a pemit for a license to any appl~.c~nt. Section 10. The t0ond in Section eight of this ordinance shaJl be s~bject to the approval or rejection of the Board of Trustees; and upon appi~ow~l of ~..~ch bond, the Board of Tru,stees s~,ll consider said application, and any protest which may have been filed, and if said Board shall find that said apr, llcant is a fit and proper person to carry on said business, and that the carrying on of said business, at the place where the same is to be carried on, will not be prejudicial to the public good, peace~ or morals,said Boar,~ mall, by resolution,grant the required per- mit; provided, however, that no permit shall be granted, to any person, persons, firm, or corporation who previously had~ a permit under this ordinance, and which permit had, within two years prior thereto been revoked; nor to any firm or corporation, any member or director of which had a permit, and which permit had, within two years prior to said hearing of said application,been revoked; nor to any person, persons, firm,or corporation, unless such person, or each member of such firm, or each director of such corporation, is either a native born or naturalized citizen of the United States;or is a resident and freeholder within the City of South San Francisco and has declared his or her inten- tion,before the seventh day of October, 1912,to become a citizen of the United States;and said Board of Trustees shall have ab- solute discretion to grant or deny any application. Section ll. A permit under this ordinance shall specify the class of license to be issued thereunder, and shall be good only for the person, firm, or corporation named therein, and for the particular place and business,and class of business specified in such permit; and such permit shall be granted semiannually. Any permit granted between the first day of Yanuary and the thir- tieth day of June of any year shall expire on the thirtieth day of ~une next following the date of its grant; any permit granted between the first day of Yuly and the thirty-first day of December of any year shall expire on the thirtY-first day of December next following the date of its gran%.; it being the in- tention that all permits granted under the terms of this ordi- nance shall terminate semiannually with the close of the months / / of Yune and December. Any holder of such a permit, in seeking a permit for the ensuing half-year, must file an application therefor, as hereinbefore provided, at least five days before the date at which the same is to be heard and considered by the Board of Trustees, which application must be accompanied by a 6. bond as in the case of the original application, as hereinbefore mentioned and provided. Anyone objecting to the granting of such permit may appear at the hearing of said application and protest~ as hereinbefore pruv.t.~.ed. Section 12. Licenses to be issued hereunder shall be of two classes: "Class A" and "Class B". A "Class A" license will au- thcrize the s~le of spirituous, malt or fe~ented liquors, or wi~es, oN any a~ikture thereof, to be drmnk on the premises ~here .~old or othe~ise, in accord~nce with the '~'.erms of ~his ordinance, in open receptacles or otherwise, and in quantities less than a pint or otherwise. A "Class B" liquor license will a~thorize the sale of spirituous, malt or fe~ented liquors, or wines, or any a~ixture thereof ~t a restaurant, and in open re- ceptacles, containing not over a pint, or in unopen or ~nbroken ~'ec~pt~acles containing not over a quart, and from the stock or su~pply'of spirituous, malt, oF fermented liquors, or wines, or any ad~nixture thereof kept on the premises for which snch license is i~ued, and to be drunk meals served tlnereo~, costing (exclusive of such spirituous,malt, 0r fermented liquors, or wines, or any admixture thereof) not less than t'.,venty-five (25) cents. Such l~.cense will. ~ot anthor- ize the mai~t, er'~a~ce of a bar, nor the brin~ling i~ ii,!~or~ from · ~(~jol~ing premises, nor the sale of any spirituo'~s, malt, or fer- mented liquors, or wines, or a~y admixture thereo~ other than with the service in a restaurant of meals in which there is a bona fide delivery and consu~ptio~ of food ~it)! st~ch ii~tu, ors or wines, and for which food, exclusive of the sp~.rituous, ~alt or fermented liquors, or win. e~, or ~ny admixture timber'eof, there must be a bona fide charge of not less than.t'~enty-five (25) cents for each person served. A "Cla~s ~" li~tuor license ?zill not au- thorize the sale of spirituous, malt, or fer~uented liquors, or wines, or any admixture thereof, in f~ny ]:~oL~i, or i~ ~:tn2z place 7. designated as a restaurant, such place being a part of a hotel, or in any place in connection with which sleeping rooms are let for hire, or in any place having any communication or connection wi~h ~ny ho~el or with any place where sleeping rooms are let for hire, nor in any other place, except it be conducted exclu- sively as a restaurant. - ~ Section 13. Any person, persons, finn, or corporation to whom a permit has been granted and a license is:;~e~! under i;he hero,is of this ordinance, who does not comduct the business for which such permit and license bare been granted and issued, in a quiet, orderly and reputable manner, or who pe~its dancing in his, their, or its place of business, or bar-room, or in any room connected therewith or forming a part thereof or annexed thereto, or who allo~vs or pe~it:~~on~,~ disturb~nce~_'~ the 'public pe~ce, order or decorum by ~ny noisy, riotous or disorderly con- duct on the premises; or who sells, gives away or furnishes,any spirituous, m~lt, or fermented liquors, or wines, or any a~ix- ture thereof, or pe~its the s~me to be ~one, to any intoxicated person, or to any minor under the age of ezgnt..en (19) years, or to ~ny habitual drunkard; or who penuits any intoxicated per- son, or 'minor under the age of ' '~ e~g..teen (18) years or any h~bit- ual drunkard to be or remain in or ~bout '.~ ro~}m ~r]~ which said business is conducted; or who sells, gives away or furnishes any spirituous, real* or fermented liquors, or wines, or :~ny ad?,ix- ture thereof, or pe~its the s~e to be done, at such place of business between the ho~r o-~ el~ven o'clock p. m., and the hour of fi~e o'cloc~ ~. m. of the following day (without having first obt~ined ~he special pe~nit to keep open between such hours, as hereinafter provided);, or who sh[~ll not abide by all the laws and ordinances now in force, or which ma~y i~ereafter be enacted, regulating f~laces of business whe~'~e spirituous, ma]t, or fermen- ted liquor's, or vzine:~, or any ~lr~ixbur-e ;~}"~er'eof, are sold, given aw~y or furnished; sh~ll forfeit all permits and licenses there- 8. I tofore granted or issued to said person, persons, firm, or cor- poration, under the provisions of this ordinance; and shall also forfeit to said City of South San Francisco the full amount 'of the bond r'equired to be given to said City of South San Francis- co, pursuant to the provisions of this ordinance; or such sum, part of the whole ~enal sum af such bon~, as may be determined upOn by said l$oard of Trustees, pursuant to the te~s of Sect~ion 14 of this ordinance. Section 14. It sha].[ be the duty of the '~arshal of the City of Mouth San Francisco, and he is hereby directed to file with the Clerk o~ the City of South San Wrancisco,a complaint against any person,persons,fib,,or corporation,w.ao he ~a,~ rea~ 'to ~e- ii~v~,i~ g~.i~.y og any of the ~cts., or re,elects, specified in Section 115 of this ordinarce;or of any violatior of any of the provisions of this ordiDance.Such complaint may,ho~.vever,be made by any resident or citizen of said City' of South San S~O~ c~.~?~?i~nt ~'~ust state the facts a].le~ed to constitute a breach of this ordiDance:the n~me of the person,persons~firm or corporation offending and the date oF dates on which they occur- red. Upon such complaint being filed, with said Clerk,he shall ~t o:~ca prep~tre a copy thereof,~cetner: with a notice to sai~t per- son,persons,firm, or corporation,directing said person,per~o¥]s, 'C[,~;.~],or corporation to appear before said }~oard,at its next reg- ular session and 'meeting following the date of the service of said notice,to show ca~se,why' said cermit and license should not ~be revoked:and said co~v.~ of sai~. aomplaint_ . ~-~ud s~i,.~ aot.~c~e F~';'~with be served upon said person,persons,finn, or corporation by the ~arshai of said City, bY delivering7 the sa~e to said person, persons,fi~,oz corporation at the place where said business is transacted:or if said person,or said member of said 'Fi~n, or director of said corporation,be not found at the place where said business is transacted; then by leaving the s~e with so~e per- son in charge of said place of business: or, if no such person be found thee'eat, then ~ ~ o~ ~:osting such copy of said complaint and notice on the front door of said place of business. The Mar- shal shall report to the Board of Trustees the date when, ~nd the method by which said papers were served. The Board of Trus- tees shall, if possible, investiga~e said complaint, at the 'next regular meeting of said Board after the service of said complaint and notice: and not later than the second regular meeting of said BOard su,bsequent to the service of the same. If, said Board of Trustees, or a majority of the members thereof, shall find that the complaint is well founded, and.the charges made therein are true, said Board shall so declare by resolution, and shall by a resolution duly passed by a -majority of said Board revoke the permit held by said person, persons, firm, or corporation, and shall revoke all licenses issued to and held by said person, per- sons, firm, or corporation under this ordinance, and said licen- ses shall thenceforth be without force or e[fect. Said ~oard s?aall by the s~ne resolution, or 1~,~ ~ ~el~:-~-r-,.~te ~esol~tLon, de- clare the bond required by and given under the provisions of this ordinance, or such sum or amount, part of the whole penal sum of said bond, forfeited to said City of South San ~'rancisco, as in the ~u~dgment of ~id Board shall seem proper; and shall direct that suit be brought o~ said bon~, in the na~ne of the City of Sout?~ San ?r~:~,ci~co, to recover t]'~e amount so declared forfeited. Section 15. The rate of license fee under this ordinance shall be and is as follows: a. Each holder of a permit for, or license under a "Class A" license, shall pay therefor, in advance, a license t~× or £ee of 0ue H~mtred (10~''~,) Dollars per quarter year of three months. b. Each holder of a permit for, or license ~mder a "Class B" license, shall pay therefor, in advance, a license tax or fee of Eighteen Dollars and Seventy-five cents (~18.75) per quarter velar of tar~e months tO. Section 16.No permi% or license shall be issued to any per- son, persons, firm, or corporation, which will authorize any son, persons, firm, or corporation, doing business under the te~s of this ordinance, to keep open such place of business, or any rooms used in connection the~',i~h, or ~s p~rt thereof, or to sell, ~iYe ~v&y, or to furnish, ~ny spirituous, m~lt, or fer- mented liquors, or wines, or. any a~ixture the~of, between the hour of eleven o'cloc~ p. ~. of ~ny night, and the hour of five o'cloc~ ~. ~n. of the next d~; or to mllo~ or permit ~ny person, ur p~rso~ i~ ~ ~r rem~.~in ;~n or about said place of business, or in any rooms used in connection therewith, or as part thereof, between said hours; or to allow or permit any light, or lights, in or about said place of business, or in any room used in con- nection there~vith, or as part thereo.[, bet~,~een said hours: and each and every' 7:erson, firth or~ corporation, to whom a pe~it and licertse ~,.r,~ issued u~der this ordinance, bjr the acce[otance of such pe~it and license, agrees that he will close his place of business at s~id hour of eleven o'clock p. m. of each and every night, and all rooms used in connection therewith, or as Part ; · ~hereuf tn~t~ ~e ~ri]~ keep said place of business, a~d r~ll rooms used tn connection therev;ith, or as part thereof, closed from said hour of eleven o'clock p.m. until the hour of five o'clock ~.m. of ~he following day; that he will not sell, nor .:vermi~ }ye sol~, ~tn2r sl~i~'.~(;~.~.~., ~3, ~aalt' Jr fer~nented liquors, or wines, or an~' admixture there~f~ in, on or ~o~ut said plaice of business~ bet'~een said hours; that he ?;itl exain~uish at the hour of eleven o'clock p.m. of e~ch ~n~% ever?,' night, all li6~%ts in and about said ?lace uf business, ~nd in ~11 to&ms, used. in conne ~tton thece~vith, or as part ahereof, and tha~ he ~ill keep such li~hts ex~in~.~.~'..ed_ [~'~til t}'~e ho~]r of five o'clock ~.m. of ~he next day; ~t he :~hall not and will not pe~it or allo~ any person~ or persons~ to be or remain in or aLout said place of business, or 11. to be or remain in any room used in connection there~it?;, or ~ p~rt ~hereo~F, between said hours; and that any failure to close said place of bUsimess and premises at the hour herein specified, and any failure to keep the same closed as herein required, and as agreed by said license holder; and any' failure to extinguish s~id lights as hereinbefore required, and any failure to keep · said place of business free and clear of any and all persons' be- t~n said hours, shall be deemed sufficient ground for the re- vocation by said Board of Trustees of any and all licenses issued ~der the provisions of ~his ordinance; PrOvided, however, that one light, arranged in such ma~er that it will ill~.~mine t~e in- terior of ~uch place and premises, and pe~it the same to be in- spected from the street, may be kept lit and burning as a pro- tec%ion to said premises, between said. hours, and not otherwise;~ and provided,further, that a "~-~peci~l PeN~]it and License" may be issued ~or the purpose of keeping open any place of business licensed under this ordinance, between said hours of eleven o'clock p. m. and five o'clock a.m., as follows: any holder of a licesse desiring to keep his ~lace open betwe~n said hours, must file with the Clerk of said City an application for such Special Permit ~nd License, no'~ less th~n forty-eight hours be- fore the night on which he de~ires to keep his place of business open, and deposit with such application ~he sum of Two Dollars and wifty cents; such application shall state the re~son why said applicant desires to obtain said~Speci~l Pe~i~ ~]~ Lice~se; said Clerk sh~ll forthwith preser~t said a?plication to the Presi- dent of ~he Yoard of T~stees for his approval; or, in his ab- sence, to three members of the Board of T~stee~, who shall en- d. orse thereon his, or their ap;~roval or rejection; if approved, s~id Clerk ~hatl issue such Special Pe~it and License, which shall, be good only for the night For which it is issued and which must be ~oosted up conspicuously in the place of busimess for 12 which it is issued; and shall pay over said sum of T~O ~ollars and ?ifty cents to the ~farshal of said City, who shall account therefor as for other p~blic mo~ey. Not more th~n twelve special pemits shall be granted to the holder of any regular pe~it and license during any one fiscal year. In case said special pemit be not granted, said sum of Two Dollars and Fifty cents shall be returned to the applicant. Section 17. No person, persons, f~rm, or corporation engaged ~ carrying on the business of selling dry goods, cc hacd~,v~ce, or groceries, or fruit, or bread, or other provisions shall be grant:ed a permit and license under the te~s of Zhis ordinance, unles~-~ it i0e 'to sell, give ~way or furnish spirituous, ~alt or fermented liqt~or~, or wines, or a:%~ admixt,3re [;?aer~f iu ~ther :~ui~iding entirely ~isti~ct an~ separate from, and not com- municating with the plaice ~,,Vhere, and in which, such business of selling dry goods, or hard~are, or ~roceries, or fruit, or brea~, or other provisions, is car,'led on, or if t~ 'the sa~e building, then only in a room which is separated by partitions at least three (Z) inches thic~, extendi~f from the floor to the ceiling, with ~o opening or means of entrance or co~m~nicatio~ betwe,~ the ~o~.~ in which such selling, giving away or furnishin~ sDi- rituous, ~alt or fermented liq~or, or wines, or any ad~ixture lin~;] of dry goods, or hardware, or g~oceries, or fruit, or other provisions is carr'~ea on, so that ~, is necessary to go into the public street before one place ca~ be entered upon leav- ing the other. Section 18. The person, persons, firm, or corporation to whom a pe~nit and license shall be granted under the t~:~s of a~al~y operate, manage a~d control the business of selling spirit~ous, malt a~d fermented liquors, or 13. wines, or any admixture -thereof, exclusively 2or his, their or its own use and benefit. If said Board of Trustees shall find, upon investiEation, ~.h~%~. ~he per,son, persons, firm, or corpor- ation holding an3 license issued pursuant to this ordinance do not ~ctually manaKe and control said business authorized by said permi~ and license exclusively for his, their or its cE use and benefit, said Board shall forthwith revoke said. license. Section 19. It is further ordained tba% no sale of spiri- tuous, m~it or fermented ]i,luors~ or '.~ines, or any a~mixture thereof, shall be made %o any person whose wife, husband, parent, child over t~etve (12) years of age, brother, sister, guardian, ward. over twelve (12) years of aFe, or employer of such person shall b~J ~.~;ri'h~arl ~-l~,~.~ce f,~r'L~id suc]~ sales. It shall be the duty of the Board ~ Trustecs to i~ediately revoke the license of anjr person, persons, firm, or corporation making such sale in violation of t~is section. Section 20. No legally licensed pha~acist shall be cd ~;o obtain t]%e l:armit and license in this ordinance l:rovided. Any legally licensed pha~acist may sell spirituous, m;:~lt or fer- ~'nted liquors, or wines, or any admixture thereof, for medici- nal purposes, only on the prescription of a duly' licensed physi- cian, which prescription shall be prese~ed by the vendor and pasted in a book and shall be but once filled, and that on~ly t?~:e ~1~.y ~}'~en dated and given, which book shall be kept in the same room where the business of selling drugs is carried om and shall be open to public inspection. Such liquors and wines, or any admixture thereof, so sold shall not be drunk u'po'n' the pre- mi~3~'~ ?;h~rv~ :soi~t., or in any outbuilding, yard, booth appertain- lng thereto, or connected therewith, except when such physician prescribes it to be used upon such premises tn case of an acci- dent; and provided further that such prescription shall not. be given unless the physician is satisfied that the liquor to be furnished is necessary for the health of the i~er~son fur whelm i~ prescribed, Which fact must be stated in the section 21. If any person, firm or corporation, to whom a permit has been granted and a ,license issued, desires a change of location of his place of business mentioned in his permit and license, said person firm or corporation shall file with the Clerk his applica.tlon for' such change, together with the 'consent of the surety or sureties upon his bond that such change tomy be made, and that said bond shall apply to and cover said new lo- cation'. The Board of Trustees shaJ] fix a day for hear~.ng said application for said change, when protes~.s may be presented against said change., For good cause shown, said Board may by re- solution permit said change to be made. Section 22.. Every person, firm or corporation requir~.d by this ordinance to take out a license, or to obtain a permit, who fails, neglects or refuses to take out such license, or to obtain a permit; or who c~rries on, or who attempts to car~'y on, any business for which said permit or a license is required by this ordinance, without such perm%it and lice~se, shall ~e liable to the City of South San Francisco for the amount of the licerse tax on such business; and the Board of Trustees may direct suit in behalf of and in the name of said City of South San Francisco, as plaintiff', to be brought for the recover;~ of such license tax: and in such case the Marshal or Clerk of said City of South San Fra.~cisco may make the necessary-.affidavit for and a writ of attaclqment may' issue without any bond being; given on behalf of the plaintif?. Section 23. F~very' person, firm or cora-,oration who shall, in the City of South S~n Wranci.~co, keep or assist in keeping, any saloon, bar, store, dramshop, tip]oling place, stand, or other place where spirituous, malt or fermented liquors, or wines, or any admixture thereof, are sold, given away or furnished, with- out having first procured the permit and. license req~%~.re~, thence- for by this ordinance; or ~ho shall sell, give away or furnish, within the City of South San Francisco, any spirituous, malt, or fermented liquors, or wine, or any admixture thereof, without having first procured such permit and license; or who shall ViC'- late any of the provisions of this ordinance, shall be guilty of a misdemeanor; and upon conviction thereof, shall be punished by a fine of not less than One H~ndred (100) Dollars, and not more than Three Hundred (300) Dollars; or by imprisonment not exceeding three (3) months, or by both such fine and imprison- ment. Section 24. The ~.~ar~hal and Clerk of the City of South' Ban Francisco shall each receive for his respective services in is. "' suing licenses and collecting the license tax herein provided for the sum of ~ifty (50) cents per quarter-year for each appli- cant to whom a permit for a license is granted, and said sum shall be paid by the City of South San Francisco out of the general fund. Section 25. This ordinance shall be published ones in "~'he ~nterprise~ a weekly newspaper printed, published and circulated in the City of South San Francisco, and shall take effect and be in force from and after the first day of ,Ta~uary, 1913. Introduced this ~day of October, 1912. Passed and adopted as an ordinance of the City of South San Francisco at a regular meeting of the Board _of Tr}.~s/~/ of ',Cruateea of th~ C~ty' of ~Attest: