Loading...
HomeMy WebLinkAboutOrd 4-1908 ~,~i ..... c~ 02' ]ie~L%~ ':'"": ~'c'~'' .... + ' "~ -The~oard of T~astees of the ~ity of South 9an ~raneisco, do o~ ,_.0~-, ....... ~ ~;~ ' :.~,~m.~',' q~O 9.11!r ~n i ~s,)'l~ :~"~-" ,: t.(~, ~.t~,~q--o]~.')':~..~.. ,.,.,_,. ~.., + .... 'i:,. .... ~-~i4r" - .. ' 't,~ ..... ~i:.=~ of ~'~.:':~,:q':t'~'~ or any ot:'Icc" ~)laoe w)aere spitz' '"]~'~ '~ :[~ t]':· :?'~';"; O't' :ORu.'l f:a~ ................... malt, or fermented q irg;.,3P~ ox? wx~,,- u, 14~ ~:j_mixZure thereof, to , ~8P~ of the sa.::e %!-eNsaotion~ ~h81i oons'titlite~ p::,ovision? of tills ordinance~ o ::;ale of ~meii ~p~rituous, niat~ or fermented liquor, or '" ' n-~ +>,, . :',.'- --*~,-- thereof, so give~..O.r tion ~. All licenses shall be paid f~r in advanee, ~:~~ of the United State~, to ~he Nar~al e$-th~ ~ity S an Pranc i soo. Section k. The license herein ~e~ire~ ~et be procu~ 1. Clerk of the City of Sou,tl~ San Mranoisco, and pay:uent of the li- cense tax must be made to the Narshal of the City of South San Francisco, bofore the commencement of the ~siness herein required to be l~censed, and w!~ioh said license shall best thc ~at~ of the dsy it is actually issued, and st~all be isled for the period end- i~ with the current G~arter of the fiscal ye~; a~ud shall not be valid for any purpose after the expiration of such quarter-yesr$it being the intention to have licenses terminate quarterly with the close of the ~onths of Eareh, June, Eeptember and D~ember: provid- ed, however, that any and all such licenses shall be issued, eepted and held m~bject to the plea~re of the Board of T~stees of said City of South San Francisco, and may be revoked, by said Board of T~stees, or a ]~mjority of [~[-J.~ Board, at any ti~e, for m~ch cause as to said Board, or a majority thereof, shall, upon investig~tion see~n sufficient. e~mon ~. A separate-,~:.~sion an5 tleense, under this nan~e ~mst be obtained for oseh branch e~ts.b!ishment, or separate place of busi~ess, and such per~ssion and li~en~e shall authorize the party named in such license to ~n or conduct only one bar or plaoe of S eotlon 6. No license ism%ed under any of t!~e provisions o£ this ordinance shall be assignabie or transfe:~able, or authorize any person, persons, fir~a or corporation, other than ls therein hashed., to do busine,:~, or suthorize M~sine~ to be done, at any other place or building than the place or build, ing particularly speci- fied therein. Event license ism~ed under the provisions of this ordinance ~hall sp~ify by name the person, p~rsons, firm or cor- poration, to whom it is issued, and the parti~u!ar place i~ in which the ~siness for which ~t is issued is to be c~ied on, and also the date of its issuance, the term fer which ~e description of the ~eines~ to be ea~ied on 'oense ~all al~ oon$~~ as p~t ther~f, the stipulation, to wit: "This licens~ is hereby received and accepted subject to all the term~ and conditions of Ordinance No.~ of the City of South ~an ?rancisco, under whict~ it is ismled." ~aid stip- ulation :m~st be ~igned by the person, persons, firm or corporation hamed in ~ch license before any ~.~siness is authorized to be done under said license..~id .~c ~nse shall at all times be kept con- spicuously po~tcd up in the place of business specified therein, and shall not be valid, nor any liquor sold thereunder, unless so kept po~ted. ~. Section 7- The ~srshai of said City of South San Mrancisco, is . hereby ~uthorized, re~ired and directed to collect all licenses and all sums of ~on~ herein mentioned, and provided for in thi~ ordinance. It is also hereby !nade the duty of said l~arshal to cause cri~ninal complaints to be filed against all persons, firms or cor- porations! violating any of the provisions of this ordinance. ~ection 8. No license required 'Dy this ordina~ce, shall be issued by the Clerk or ~'~arshal te amy ~erson, persons, firm or corpora- ~ tion, or, if so is~t~d, ~ha!! be valid for any pur~o~e unless such person, persons, firm or corporation shall hsve been first granted a per,nit b~y' th~.~ Board of T~stees of said.. City of Eouth San Fran- cisco to obtai~ th~. liee~se required bt~ thi~ o_~'~ ~.~nana~e, and petit m~t be mn force and uDrevoked at the time of the issuing of every licensee. :~r~,~t to obtain the l~.cense r ~ ' equ~=ed by any of the provisions of this ordi~ance shall 'be ff~ted by. the Board of T~stees of sa~d City of South San ~ranois~3o, or if so granted, ~hal! be valid for any purpose, unless the fol!owing~ c~namtlons) '' ' shall hsve been co~ .. plied with, to wit' Each. applicant for a license shall file with the Clerk of the :Tity of South San Francisco, at least f~.,e days b:: prior to an~z regular meeti~lg of tho Board of Tm~steos of said City, --' at which said ap:olioa:~t ~ '. ~ .~ _ . c,.,~s~xe.~ to be heard, a written application to said Board of Tm~stees for a per~t to obtain the license here- in required, which said application shall stste and set forth: First:-- The name and residence of the person or pets'one, and of each memOer of the firm, and of each director of tl~e corporation, ~zn~ such application, and how long each of sai~ persons has been a resident of said City of ~outh San Francisco, and that said person or persons, and each member of said firm, and each director of said corporation, is either a native born Or naturalized citi- zen of the United f:~tates, or a freeholder and resident of the City of South San Franchisee. Third:--That said ap'olicant, has not, nor hes an~..: ]uember of ~lieent firm, no~' shy director of said applicant ~-w,~t-~ with- fin tyro ~ears prior to the date of ?]~<ing said application, been r~ fused a permit '~ ..... s, nor has had a~ license o,~ sai~ Boar,i of T~st~:~ sa~d Board w~thin said time. rwoked by . ~ ' of one thousand dollars, payable to the City of ~o~.t!~ co~ ,~vhich bond ella!! be exeouto,i b,j soiree responsible s~rety compa- ny, as surety, and. which oon]pany m~st be licensed to do b, .' the ~tate of Cal~fornia' and said bo~d ,' ~ sna_! be conditioned t~ s,~d applicant shall and ~;iii conduct the business for wl~ich a per- ..... 1.~e~oe~.o~a.~:~, iri s. O3].iet, orderly end reputable ]uanner, and shall not and will not permit any disturbane,~ .%)~s~Oe~ O~G.~T OF cookE, by ~y lioi,_2y, 1, ioto~s, o~ a~ord, ezly~'~' · con- ~ ................... r~.~ shall not and will not, sell, give away, o~ ~nish any spimituous, inalt, om fem:~ent~d [[iq~lo~,o~ wine, o~ any aclmixtu~e %he~eof~ to al~y intoxicated pe~son, o~ to any ~no~ under the ~'~, of i-,' ~o e s. hteen (_,.~) years: and shall not, and will not, per~]it a~ intoxicated person, or ~nor un4er t.h.e a:Te of eijhteen (12) years, to be, or .~:'emsin in or about the room in which said business is conducted, and shall not, and will not, sell, give away or z~rnish to any person, any spirituous, molt, or fermented iiquor~or wine, ar any admixtl~re thereof, between the hour of e- leven o'clock p.m. and *~.~.~, hour of five o'clock a.m. of the follow- ir~ day; and shall, and will, obey and s. bi~e by the term,.~ of this ordinance, and all laws and ordina~mes now in force, or which n~ay hereafter be enacted, re~latin,] places of M~siness where spirit- uous, ~'~lt, or I'ermented liquor, or wine, ora,'~'.; nd~nixt~lre ...... tller~ of, is sold, given away or fl.~rnishod. S eot~on ). Any person or persons, may appear at the ~neeti~ of said Board of Tm~stees at whmo~, any ap~lieation ~s ~o be heard, and file a protest against, and be heard in opposition to ti~e granti~ of a permafit for a license to any applicant. Fection lC. The bond ~entioned in section $ of this Ord~n~.nce, shall be subject to the approval or rejectio;~ of the Board of Trustees, and ~h~..ll not be approved by sai5 Board unles~ ~aid Board shall find that the ~rety oonz~a~ thereon is duly licensed to car- =-~,~ on business in tt~o ~t~t,~, ~. , o~. . Oal~for~'~ia, and shall deem said oo~ pany sufficient for the ~?hote penal ,~u~ of said bond: and upon ap- 10x'oval of such bond, the Board o~7 T~teos ~a!2 oon~:~ider 8aid ap- plication, and any protest which may have been filed, and if said Board sl~all flnd. that th,~. , %,.om~<,ant~.. is a fit and oro~er person to car~ on said ~sine~:?; and that the ear~i'ng on of said ~siness at the place ~?]~ere th~ same is to be tattled on, wZl! not be ~dieial to the public good, peace or morals, said Board. ?~ay by oiution grant the required permafit' ]~rovided, however, that no per- n~it shall be ~franted to any per,on, fir~ or corporation who Pre- viously had a per~it under this ordinance, ~n~]. which permit had, within two years prior the~eto been '- '~' . revm~ec~, nor to any firm or corporation, any znember or director of which had a permit, and which permit had, within two years prior to saie~ hearin~ of ap~licatio~, been revoked: nor to any person, ~ ....... flrm or eof potation, ~nle~ ~fi.~h person, or eac~ r~e~ber of ~oh firm, or each director of ~oh corporation, is either a n~t~v~~ ' e born, or natural- ized citizen of the United States, or a freeholder and re.~id, ent of said City of gouth San Francisco: and said Board of T~stees shall have absolute di~cretion to grant or deny any application. S ectio~ 11. A l~er~it u~der this ordinance shall speoi~y the class of license to be isled thereunder, and shall be good only fo~ the person, firm or corporation na?~ed therein, and for the particular p~.~ an4 business, and class of business specified il~ ~soh permit; and ~eh permit shall be good only until the end of the fiscal in ~ ~ ~ ._~ ~x.~., to ,,~t until the ~Oth. day of Juno thence next ensu~', and no longer, holder of ~elx a per~'nit,i~ seeki~ a oerF~t for the nevt ensui:~g year, ~mst file an tion ~herefor, as hereinbefore provided, at least five days before the date at which the salne is to be l.e~d an4 ~ ~ Board of T~stees, wi~mm, alcplicatio~ ~st be accon~paniedv by bond a~ in the case of an o-~i?~n~l._ .~:_ . apolioation,_ as hereinbefore men- tionod and provided. Any one obj eetin;~ to the f~ranting of permit ~nay appear at t!~e hearing of said application, and proteat as hereinbefore provided. Section 12. License~ to be 2~m~e~ hereum~er shall be of fol~r olas~ es: "Class A.".' "Class B." ' "Class C."' a~ld '~'~ :. ," ' ]).". A ',~lass A, "license will authorize the sale of sl;irituous, malt or ferment- ed liquors,or wines~ or aMlz admi::tttre thereof, to be dra~ on the prot~lses wheme sold or otherwise, i~t aGGordar~oe with t]'t~ reruns of thi~ ordinance, in open receptec!es or othem~iso, and in quanti~ies less than ,: pint or otherwise. .~uch !ioense shall ce known as a loon Liquor License." A "~iass B,"li~stor !ice,se will authorize the sale of s]'~irituous, mit, or fer:nent:~d ~ ~, ~ ad~,~ixture thereof, in ~cmtztios not less than a quart, in unopen or ~mh~ n~ ........ , ....reeeptac!e~, and not to be d. ra~ or opene4 on or a'bollt the ~;re~nises. . ~ where sold. Such liee~noe~ shall ~e.. '~nown as a "?no!esale Liquor License." A "Class ~.,, license wlll m~thorlze the sale of spirit~.~o~s, ~talt, or ?oz';,le~2ted. !imtors, or lv~o2~ or a~y a~xture thereof, in unopen or unbroken receptacles containing not less thru~. one pint, and not to be drank or opened on the premises where sold~, and ~ch license shall only be ismled to be used in connection with the conduct of a bona fide groce~ store, noncu..~ct,.,d orincipally for the sale of groceries, and s~ch license shall be known as a ,,Grocery Store Liquor License." A "Glass D." license will authorize the sale of malt liquors, or wines, at a restaurant, and in open recep- tacles, containing not over a pint, or in unopen or unbroken tacles containing not over a quart, and from a stock or s~p~ply of such iiquors~ or wi~es~ kent on the !}~e~,es ~o.~ is isled, and to be drar~ on said premises in connection with ~eals, ~erved thereon costing (exclusive of such liquors or wine) not less than twenty (20) cents. Such lichen,se will not m~.~horize the maintenance of a bar, nor the bringing in of liquors from an adjolnlng . · .... .:~ = ~ prenu~,~o, nor t.~e sale of any liquor or wine other ~han with the service in a restaurant of ~eals in which there is a bona fide delivery and OOnSU~ill)tioIml of food witt~ such liquors or wines, and for which food, exclusive of the liquor, or wine, there ~st ' '2o) cents for each be a bona fide charge of not !e~s than twenty ~ person ~erved. Such lkcense shall be known as a "Restaurant Licensee." ~eotion l~ Any person, pe:.~.~o~ · . · .~z=,. or corporation to whom a per- mit has been granted and a license issued under the terms of this ordinance, v~o does not conduct the ~siness for wnze.~' ~ ~ s~.ch per,air ~ and license has been granted and issued, in a qui~t, orderly and repute, tie'~ ~-~"~"'~'~..~,_, or who permits any dancing in on or ~.bout~ his, their, or its place of businc~., or bar-room, or who allows or Der- mit s any Z ~,* d ,~I~snce of' the public peaoe, order or dccorur~% by nois~ rioto~.s,~disorderly cond~ct or tn~.. ~ore]'~i~:e~$ or ~ho sells, gives away, or fltrni~h~:'~'.._ ... ~?ny a~iri~l~...,....,~, .... ~m]¢. -.~ or, ferr~ented~., liquor, or wi~ie, or a.ny ad;~ixtur~) thereof, to a~y i~to~ic~:t.~c~ Person, or tn any minor under the ago of eighteen year's; or who pernuits any in- toxioat{<;d. ,-~o~? ~,.~ ~,,~, or any. ~ minor uno.~r tbs ~e.~ of eightee~ years, to be or remain in or about the room in w!xich said business is con- duotedl or who sell¢, or givos away~ or zMrnishes any spirituous, or f~rmented liquor or wine, or any ad~xture thereof, at ~alt, such place of business, 10etween the ho~r :~g eleven o'clock p.m., and the l~our of five o'clock a. ~. of tl~e following d~y (without ~ ~ open between~nours havi~ first obtained ~he special permit go a3 hereinafter provided), or who ahal! not abide by all the laws a~d ordi~enoe¢ now i~ fores, or w!~ieh may hereafter be enacted~ regulati~ places of 'business where spirituous, malt, or fermented li(~5~orgor wine, or a~ ad~xt~re thercof~ is sold~ given awa~ or ~rnist~ed~ snal~ forfeit all pern~its and ~icenses theretofore ~:rant- e4 or i,jsued to said person, persons, firm or the provisions of this ordinance; and shall also forfeit to said ~ity of Sm~th San ~ranciseo ti~o ~h~!i arso~nt mC ttxe bond required to o,~ given to said City of South gan Eraneiseo, pz~rmtant to this ordinance; or such sum, part of the whole penal ~m of such bond, as may be determined u~_~o~~, b,~ s~ic]~ ..... ~,~ ~ ..... ~.~..~ of Tz~:~;tees, put,ant to the terms of section lk of this ordinance. Sec-rich l)-I.. !t shall ce th"~ '~!~ty o? the ~:iarshal of the ~ity of 2oz%th.San Francisco, and t%e is hereby directed to file with the Clerk of said Cit~.~ of South San Pranei~;~oo, a eon~Dlaint sgainst any person, perso~s, firn~ (~ e ~'~,, ,~ . )~ corporation, ~ho b ....... ~, .~eason to believe, is ~ilty of any of the acts, or n.~lcoto, specified i'n. ~ectio~ 1~ of this ordinance: or of any violation of any of the provisio~s of %t~is ordinance. Such 3o~:~31aint m~, however, b~ r.]sde by any resi- dent or citizen of said City of South San. Francisco. Such co~ -'i,lamnt' , ~mtst state th~. e facts alleged to constitute a breach of this ordinance: the name of the persoIi~ ne~-~n~o_~. ..~ ..,~,._., fi:eln or ~..o..~:~o_atlO~'~" ~ ' of- fendi~, and the date or dates on which they occurred. Upon ~ch complaint being filed with sa~ Clerk, he shall at once prepare a copy thereof, together with a notice to sai~. person, persons, firm or corporation, directing said person, persons, firm or corpora- tio~ to appear before said Board, at its next read!ar session and :~eeting following the date of the service of said notice, to show ca~.se, why said permit and license should not be revoked' and said cody of ~a~d eo~laint, and said notice sh~.l! be forthwith ~ on said person, persons, firm or corporation ]W the ~.~srshal of ~ai~I ~,:....&. to said. person, ~ersons, firth2 or oo~ City, by deliverin~ the ~ ..... potation at th.c~ place where ,~ami b~sir~e~ is transacted' or, said person, or said me~rfoer of said fir~u, or so~ue ~-~ivector of ~o~_or..t~on, b~ not found at th~ plao~ where s~i~ b~.u~in~s~ i~ '- ~ with so~ ~e~o~ i~ ~fl ..... transacted; then by ~es. vi~ tn~:~ .... ~'~"~ .. of said place of business;or, if no ~h person be fo~nd t!~ereat, then by po~ting ~u. ch ~opy of said co~')la~nt and not~e, on the front ~oor o~ .... said ol~c~, of '~mu.~,,.~.o~~"~'~ m~,,,e ~.~..~.~,~;r~'-'~nl shall report to th.e Board of T~stees the date whe~ and the method by which ..... ad ~.a+~ ~.,= .... the ~:;erv~ce of said coi~lo!aint and notice: and l]ot ~at~,~ Bo~,r_~ s~Ab~'~quent %o +-~"~ service the se~,~no, re~l~r m ...... ting of said. o ~ of the saz~e. If, said Board of T~.~:~t~es, or a ~.mjority of the ~e~ ~,d taat the co~l~l~:,.2~t is well fo~nded, bors t]~ereof, shall ' "~ t~',~ ~,~:.. .... ~.~.,'~ =~:' ma~.~'~ ' .... ~ t:~rei,~'~ are t~e, said Board sn~,ll~ _. so declare by resolution, a~d shall by a resoi~tio~ d~zly pa~sed by a m~.. ~.~]'o,'itv.. said Board, revoke the.~er~it hold by said ~o~,,~ persons, or ~.~or~or~tion, and shall revoke al! !~,,~ i?m.~.td 'to and held said person, perso~'is, firra or oori~ors~tion nnd. er this ordinance, and said license~ ~ha!i thenceforth be without force or effect, Said Eoar~i ~l~al! by th~) ss~~ Ffef~o!lttio~ or by a ~:,~..~ ~. declare the bond re(~ired by a~ic! :,'~ ~ ~ .'~ .... +~ o= re.., ~n..~, ..... e provisions of . this ordina~ioe, or ~ah a~i or a~ur~t,~'~.It ~' ' of the whole penal sum of sa~bon~-~, Fo.~..x~ed to saZd City of ~outh ~ .... ~.n Franciseo, ~.n,a shall direct the judgment of said Board, si2al! seem pr6per; that suit be ,~ousnt on said bond, in the name of the City of South San Francisco, to recover the a~ount so deolared forfeited. S~tion 15. The rate of license fee under this ordinance shall be and is as follows: a. Each~' holder of a ~e~~+~ ~ for,or license ll~er ~ "Clogs A." li- cense, si~ali pay therefor, in advance, a iioense tax or fee of thirty (~0) dollars per quarte~ year of th~yee ~nonths. b. Each holder of a per,air for, or license under a "Class B." ii- ~.~e, sha!~_ pay ~.~t~f~..~ ,_.~., i~ ~dva~ce, a 1 ...... ~o~ vax or fee of eig]~teen (ia) dollars and -~+~-~-=~y~) cents ......... ~ .... , ~ ,,~ ~ lm~..r ...... y ear of th~ months. c. .u,a~h holder of a per~':~t for, or lise~se ~de!' ~"~,~..~,., ~. ~ li- ~..~.~,.~a~, ~'fi~al! ~ay therefor, in advance, a li~e~e tax or '~ee_ of twelve (12) doiiaz~s an2 fifty [~0) cents ~. . p~. qu~.~_ ~er year off three d. ~on holder of a per~t ~or, o-~ license un&ez~ a "Jlaa~ D." li- cense, shall pay therefor in advance, s license tax (10) dollars~.~,'~ ..... m~rter~ ~eer~ oi~' thr,,~ nonths. No !loeno.~ fee ow tax sha~i be collected for a less period than a quart ~:~r~ ~ea'~. ~ of t~-,e,~_~ month~. o ection 16 No ~' ~ -; .... Per..,~t or --c,m.-, shall be issued to any person, sons, ........ 1 or corporation, ~-'~i~~-,.~. ~.:~ will_ authorize any perao~, Per-_ SOilS, fi~'L~ or oo~"oo/,,:,tio~ doing business lln~-~ ~:]'~, +c'~'- f' this ...... ~ ....... ,~l,~l~ o~ ~s ~m~t the~oof~ O~ to ~,,~ f~-i~r~.:, away or to ~Mrnish, any spirituous, malt, or ferme~ted !¢qt~ors, wines, or an%~ admixture thereof, be~:ween the hour of eleven p.m. of any. nig]~t, ~.n~ ~,~-~-:') .~o~"~.. .,~ of ~'i~'.. ~ ... o'clock a.]2. of the next day; or to allow or por21it i~ or about said iJlaoe of bu~_n~,~:., ~1 ,o,, o2 iD a~y ~O0~:iS ~Sed. itl OO~eo- ........ ~ '-t in or about Said place of bus- low or permit any '-iF.::,t~ o.u l~c~s, ~ness, cT in an7 ~ ~"' .... o~,.~et[on therewith, th~reof~ bet,veen said hours; and each and every person, ffi~m oorL)oration~ tO whol~l a l>:,~.,,~ ' clock lie wiii e!(~s his ~,ta..,e of busin~:~'~~ ~t ~J(~ ]~our of eleve~ o u.n~ all room~! p. ~. of each a~d every n~i3~ ' ~ .... ~ in connection therewith, or afl part thereof, cloaked f-,/,o:r~l said hour of eleven o''''~''~'' c.Lo,~ a. m. cf 'tl~e following day that u~Itil th~ hour of five O' ' ~" ; he will not sell, nor pop:mit to be cold., any ~q~i~ituous, malt, or fermented ii(gtOFS, O1' vzincs,_ or ~..,--~-.~ ~',t,~tu~"e ......... theroof, in~ on or ~bout said...~iace of T.,-,*~.:~lne:~o, between '~' ho~'.'rs;, that he will ex- tir~guish at the hour of eleveli o'~-,.,..,~.~ r~..~,.o~ each an~-~, ev~-')l? ~ight, all lights in and about sa~o !)!ac+~ of 'business, and. in all ~ used. in connection there?ith, or as part thereof~ and that tie will keep such i~ts extingui~]he~i u:~t2! t,b~-~ ho~r of ~ive o'e!ock a.~. of the next day: that he sha!] not a~d ?~ilt not, permit or allow any n~---~...... ~.,,,,, o.~ ..~:>ersons, to be or _~emain~ i:'~ or admit said place of business, or -to be or rem~in in ~.~n,y rorer' used in connection ther~ ' ' ' ~ i70 ~i,-,~,~ '-, with, or as part tnereoi, betweep, said''r "~ ....... ~ that anv faittll [ to close said place of business and pretenses at the hour herein- before sPecified~ and ~'m!~ failure to keep the same closed as her~ in required, and as ~:~','r,~ed~.~ .. b~ said. license hoid~:rr'~.._ ar~ ~.. ~ny fail- ltre to ~xtJ. nguish said !ighta as hercv~nbefore required, and any ...... _ .... ~ ~ ' "~,~ free and. clear of any and ~all ,)ersons between said hours, shall be deemed sufficient ~for the revocation by -~' oaid Board of Tmlstees of ~-~.r and all licen- :sea isslled under t]i,!~ provishcn:~ oF ti!iq or~iriance; provided, how- ever, thao (')~ia light, arrarmjed i~ such manner that it will ii!u- r.~in,~ t}iF: int~rior O~ ~4~$ plaoe and ;~'~"~mis~o, and ..... ','~ ...................... p~l.it the ;o be inspected from the ,.~t~e~st, .... ~' ~' r~av be ke-:t lit ~n{-t burning as a protection to said premises, between said hours, and not otheP, vice: ~.nd provided, ~'l~rther, t~ a "Special Petit and. License" may be issued for the pur~os~:~ off ~-,~e~'~,' o'oen .. ...... ,~=~ any plac of business li- censed under this ordznance, between said hours of eleven o'clock p.la. and five o',,~o~' ~. m., ~ ,.,~, .. as follows: any holder of ~ license desiring to keep his place open between ~aid hours:, ~'~st file with t~:~e Clerk of said City, an applicatzon for ~ch Special Petit and Licens~, not less t!~an forty-eight ~ ~, hours before t~e night he d~ sires to remain o~en, and deposlt ~,m~h ~:~uch application the ~m of ~ 2.50;~ ~uch application shall state the reason why said appli- cant desires to oOtain sai~ ,:~oecia~ Permit and License: ~." Stlall ~oz'thwitn ~)~a~a-~+~_ ~, .... ~ said application to t~e.., ~P= ~,.: ........ ~+ o_~ the ~.~.~ of T~ste~s~.~ for his am~.roval;~or. - ~ - F'in- hi~ absence. . to three a~? ~ .... or ..~ion, if approved, said Clerk ,~t~.~ i~sue ~ucb s~m2~', ~c~mse, which shall be good only for the ~ ~ .... bernit and 1' night for which mssu~od and ~h~ah ~:~st be posted up conspicuously in the Place of business f~:.~ ..... ~-. ~h=~ !ssued; and shall pay over ~' ........ w~o shall account ther~ mit~ shall be granted to the holder of any~i-~..gu!ar .... ~?'~.~,.kt~' ~ and. li- cense durin~i any one fiscal year. Em caae said special P~Pmit be not ~ranted, ' '~'~.id ~ ~, ,~ ...... ~- ,~um of,,,,=..~,0 ~ha.!.: be returned to the applicant. Section !~. Et is hereby m~d.e nN!~w~l for ~ny ? .... son, firm or J. ness ..... ,,~.~'-~'"'e. liquor is ~old,. to 'card,mt. or allow, danoin~ mn ~"" ~ . '--. .' .,~-,, The violation of ~nI' of the provi~ions of this section, shall be ~" fioient 2[lCOIlRd. for +~, ~,~ra~,~jn ' by the Board o~ E't~ltstoe's, of any !}ermit or license held under ~"" ~' ' ' ............. the pePson, firm or oor',}oration~ violati~'..o the same, m~bj~~+...~. to arrest a~l =_ ~-~ ,}~oseoution 1~. Section 18. Th~ number of '"Class A. "or ,,Saloon Liq~or License" perr.~ts and licenses pernlitte~ to be grante~ and is;s~ed under ordinance ,.h~.ll not exceed twenty-flour ( ) 1'~. it is ordained, that an~,r person ~aving a '~la- oection 9 ~rthe~ t~ve who is addicted to the exocs~sive use of intoxlca'ting liquors, l~ay h~Ae ,~?itten app!ieation to the.Board of Tm~stees to have such Derson denied liquor. S~oh application si~a]_i be filed with Clerk~ aha presented ~z him at the next re~lsr meeting of the Board after the saN~-~ is filed witt~ him, when said app!ieation and mattep shall be investl~uu~e~ a~o~ if it shall ~'P'2~ that ~{~n, ~n~o ..... n the excessive u~e of liquor, ~ ~' unable to properly care for +' ' ~,,~-- ,~ ' '- 'r-~ brings trouble and di~raoe on the members of hia familg and his relations~ or ineapieita~os hi~ for business or labor; or will his ~pport a charge upon t!~e 0ity~ then the Board rmy direct the Clerk to ~oti~ all places of ~siness selling ii,Bret ~.nder this ordinance, not to give, ~rnish or sell to said person, or to any other -,-~e~,~~.. _,.~. ,~.. ,, for hli}'~l~ ~iP~.~ ~, lntoxi~atir~i.~. .~ liquor ~p to and incl~tdi~ th,~ 150th. day of June following the aate of .... ~. ~ notice and the 2ervice ~hePeof; and any violation o~ ~uc~ notice will upon proof Section 20 The ~:rovislons of this ' ~' . . ordm}:~nce shall not apply to any s:8.1e .... u~on tile b .... ~ marne .~. ,~,,~ fide prescription of ~, reyllarly li- gist. Section 21. If any Person, firm or corporation, to who.~ a has been granted and. a !l,~,.~.~ ism~ed, d. eotre,~, a ~-~]!a:ngc or loca- tion of his pla~e of business mention,~-~,-; in hi~ permit and iieense; ,,,said person, firm or corDoration, shall file with the Clerk, his plication for such chanffe, together with the consent of the surety ~rl~ :~ may be made, and that said con~,Jany on his bond that ~lCh ola-~' 'Vfe an~ cover s~ d z~ew location. The ~oard ~f bond ~snal~ apply to ~ ~ ' T~lf~tees ~ha!i fix a day for ~earin~z r~ic! aLd::iication for said ~l~n~e~ w~e~ protests n~ay ~:' :ore~cnted a~a~nst samd ~,~e For goo~. cm~,~ anov;~, sa~d Board ~'nay, ~y resolution 'oermit said to be made. Section 22. Every person, firm or corporation required by this ~..n..e, or to obtain a permit, who fails, ordinance to t~e out a l~ ~.~-,f~o to t~q~ out s~oh !~ia~ o~ to ~"~+ai~ a ~- mit' or .,, ......... es on, or f~.tte~O~ to carmy on, any busi~ess for whicll said Bermit or a license is required by this ordinance, without s~o~. perI~it ar?J. ikcense$ shall be liable to t!~e City of n~-~is~ for tn~ a~unt of the license t~x on such i~o~, and the Board of ~ o' ~.~ ~, ....... , ~ ~m~oz .... . .... may d~rect re. tit in behalf and the name of said City of South San Francisco, as plaintiff, to be bro~t?~t for th~--~v~ of such license tax: and in such 'case the necessary ~ffid~.v~z for and a writ of attact~ment may isle ......~,~,r~ bond '~'~o ~.~n-,- -,~,r,~,~ o~ behalf of the plaintiff. ~,o,~o tion 2~. Ere'r7 person, ~ ~ or core, oration, who maa.z~, in the hal', s~o~e, drail]shoio, ti!)";iJ.r¥~ ~ola,]~, st,:.~, or any other lolaoe where s~tfitvo~s ~nait or fermented liquors, or winea, or any ~: ~!i~tuye thofeof~ i~:~ or are sold, given away or :~n~sl~ed, without havi~fg first Pz'ocured the peri,mt and_ license_~e~qu~.~,~d~'-~ +~L..,r~_o=~e ~e ~ by ~ this ordi~lanee', or who shall sell, ~_,~,i,~e. . away or f~rnish, within the City ~ ~ So~.z.!~. San ~ ~.,~=o,~,~,~,'-~ a~..,~, soirituous,~ malt, or ferment- ed liquor or wine, or a~z adi~xt~lre thereof, witho~t ~sv~ first .procured such permit and !'!cense: or who shall violaze any of the provislons of this or~tmn-~ ', r'~n=-.~.~ , sna=.:_s' ' ~ be guilty of a r]isdemeanor;a~'~d ~upo~'~ conviction tne~ ~oi, shall be p~nished Oy a fine of not less than oy~ ~ndred f iOO, _ ) ~o~__~.' ~',-.,~=, and not t~ore than three (.~00) hun- l)t. , tired (TO0) do!!ar.~; or by im?~risonment :lot exc~.eding three (3) months, or by both such fine and imi)risorm~ent; and any judgment that the defend~ant pay a fine shall also direct that he be ir~pris- oned. L~ntil the fine is satisfied and paid in the ~roportion of one day's imprisonment for eve~ two dollars of sarah fine. ~ection 2k. This ordinance s~,a±l be published once in the "The Enterprise, "~~/~<,~.~, ~ ~',:~,~ ~,?:~,e~..~ ....... printed and pub!ishe~ in the Oity of f:outh San Pra~oisoo, and shall take ell'eot and be in force from smd. aft,or it~: passage. Introduced the~_~7/ day of October, 1902. Passed and ado~:~t~:~c. ~ an ordinance, ~z th,~ City of South ~ of South 2an ~rancisco, thi~ ~ -L_day of //~~, A.~. Ayes, and in favor of tt~e passage of said ordinance; ..... a o.g,~r,~ ~nc .,~ ....... a,:e of said ordinance: Abser. t: T~,stees,_ / T~stees of th~ Oit~' ~'~ ~~f ~ City of South ORDINANCE NO. 4 A. Ordinance Licensing and Regulating the Traffic, Vending and posi.g of Spirituous, Malt, and Ferme.ted I, iquors an~ Wines, or any Admixture thereof, in the City of South Sm. Francisco. The Board of Trustees of the City of South San Fra.cisco, do ordain as follows: Sectio.1. It is hereby declared and made unlawful for a-y perso., perso, s, firm or corporation to keep within the City of South San Francisco a.y saloon, bar, store, dram-shop, tippli.g place, stand or any other place where spirituous, malt or fermented liquor or ~,~[.~. or any admixture thereof, is sold, w~tbout having the t~et'efor i. this ordi.a.ce provided, a.d by this ordina.ce requ~rod. ,,,,~ct~o. 2. It is hereby declared to be, and is hereby made u.lawful (,~r any person, persons, firm or corporatto, to sell within the City c,? ,:,outh San Francisco, any spirituous, maIt or fermented liquors, or w~i.e, or a.y admixture thereof, without having the lice.se therefor t. this ordinance provided, and hy this ordinance required: and the g'.~.~t, ng or furnishing, or a.y spirituous, malt, or ferme.ted liquor o~, wine, or any admixture thereof, to any person in co.nectio, with tt~e sale of any other article, and as a part of the same traosact]o., sbal. 1 constitute, under the provisions of this ordinance, a sale of such spirituous, malt or ferme.ted liquor, or wine, or the admixture thereof, so given or furnished. Sect. to. 3. Ail licenses shall be paid for in advance, i. lawful mo.ey of the United States, to the ~rsbal of the City of South San Francisco. S~ctio. 4. The license herein required must be pro(n~red from the Clerk of th~ City of South San Francisco, and pmvme.t of tl,e It. ce.se tax mu~t be made to the ~rshal of the Cit~ of South S,tn Fra.(,isco, before the com,.encement of the business herein required to be l.:.censed, a.d wi,ich sai<l LiCense shall bear the date of t:h., day it is ac~'.ually issue,t, and mba[1 be issued for the period ending with the curre~,t quarter of ~i's,::a/ year; and shall not be valid for any purpose ~ fter the expi,~a- t:io, of such quarter year; it being the intention to haw, [lcense~ ter- mi.n,~te quarterly with the close of the months of ~r~b, June, a,~d D,~cember: provided, however, that any and all ~ch l ic~,~ses 1. b~_. issued, accepted and held subject to the pleasure of the Board of Trustees of said City of South San Francisco. and may be revoked. by said Board of Trustees. or a majority of said Board. at any time. for such cause as to said Board. or a majority thereof, shall, upon i,~v~:stigation seem sufficient. ~:,~¢'.ti~on 5. A separate permission and license, under this ordinance .,'~st be obtained for each branch establishment, or separate place ~t~ l)usiness, and such permission and license shall authorize the I,,~.rty named in such license to run or conduct only one bar or ploce ~'~f business. Section 6. No license issued under any of the provt,~ions of tb~s ~:,~"dinaoce shall be assignable or transferrable, or autbor~.ze any [,,~rson. persons, firm or corporation, other than i~ there,. t,~ ~o business, or authorize business to be done. at any other pl~c~-~ or building than the place or building particul, arl. v spectfl, ed tberoln. F. very license issued under the provisions of this ordina.ce sh.nll specify by name the person, persons, firm or corpnratton, to wb~m it is issued, and the particular place and building ~n which the business for which it ts issued is to be carried on, and also dat~ of its issua.ce, the term for which it ts lss.et, a,~l n rio,', of the business to be carried on tbereonder. S.~td ltconse also co.tain as part thereof, the following stipulation, to w~t: "'['his license is hereby received a.d accepted subje,:~: t. ~11 t:l,~ ~,~d co.ditions of Ordinance No. 4 of the City of So~,:b Sm. u~d~',r which it is imsued." Said stipulotion ~st h,. st.~.od }~.,' I',,~r~o.. persons, firm or corporntt.~n named tn such '1 ':.co.r~,, befor,, ~,)'v bl~siness ts authorized to be don~. under said 1~,~-~,,. ~id c,.,~:~ shall at all times be kept conspicuously post,.,I ~ ~. t}.. of~ ~,usiness specified tbere4n, ond shall not be vali,I. ,~- nnv ~;~)l~.t thereunder, unless so kopt posted up. S~',ction 1. The ~rshal of s~td City of South San F~-.,.~-4~:, ~,. t~: ~tb.rized. required and directed to collect ~11 1~,',,~,~~ ~,,d nil of ,.oney herein mentioned, and provided for in this ,,rdt-~,,,,'~,.~. ~ ~]so 'hereby made the duty of said ~r~hal to cuase ~ 'imi.nl t.o ~o filod ngainst all persons, fi. rm~ or corporatt.,,::, vi,.Inti,,~,. ~)f the provisions of tb~s ordinance. 2. ~eet'!ou 8. No ltcen~e required by this ordinance, ~:tmll bo l::Jlo (',Jerk or }larshml to ~n5' person, porsor~, firm of s~c~s, firm or corporation shall hmvo been first gro~,tod a p,,rmt, t ,'lq,~ Board off Trumtees of said City of South Sin Frnt.ct~c,. to obtni, n ~h~ license required by this ordiua~ce, mud st~eh p~mtt ,m~t co~:'co and unrevoked at the time of the t~sutng of o~.,-v lie.n.,.. ~!,'~ p~'~mtt to obtain the license required by ~nv off Ih,. I J~i,~ ~rdJnanee .hall be grant,:.d hv the Bosrd of 'rr,, t.,e~ or ~'itv o~ South San Francisco, or tf s~ granted, sbsll 1 ...... qJ id for :"~' purpose, unless the foll_,)t¢ing conditt.n, shall I.~.,. l, .... ,~ ~,i.t't~, to ~tt: Each appltcnnt for a license .ball fit,, xe{l'l~ ~,1' :1,(~ City of South San Fra.ct~co, at least five day*4 t~-t,~ r,~,~l~r meeting of the Board of Trustees of said Ct~ ,', :~ .,t,[,.h ,~,[~pltcont desires to be heard, a ~rltten al,pl~teatJc,,, ~,, :~i.i r,f~ Trustees for a permit to obtain tho li. conse berei) r,"l,~i~o,I, :bi(t, s~itd appl. teation shall state and ~et forth: First:--Tho ,~amo and ~t. ctence of the person or persons~ and of each member of the of each director of the corporation, making such appti(?nt:ion, and long each of said persons has been a resident of sa ti (;ltv of San Francisco. and that said person or persons, and ~ach memhpr ,~f said firm, and each director of said corporation, ts otth~.r born or naturalized citizen of the United State., or a fr~.e-hotd,-~ res t_d~nt of the City of South San Francisco. Sec,md:--The class of license and place ~nd building tn which tho ,~,?$~ t. to b~ conducted. third:--That said applicant has not, nor has any meal,er of natd nt, pti- c'ant firm, nor any director of said applicant corporation, with v~.ars prJ~or to the date of making said application, been refu.ed p~rr, J.t by said Board o~ Trustees. nor has had any license revoked <~:~t,} Board within said time. l:',',urth:--Said applicant shall also file a bond in the penal sum ~t~,~nnnd dollars, payable to the City of South San FrnncI.co, which h,',nd .hall be executed by some responsible surety eompanv, a~ au,'i which company mst be licensed to do bustne~ tn the State t fornta: and said bond shall be conditioned that sold applicant 3. and wtl. 1 conduct the business for wi~ich a permit a,,:t I j~o,,.~;o ~ ,~,,,~.bt, l,~ ~ q~!~t, orderly and reputable manner, a,d ~hal_l .,et ~,~,I will permit any disturbance of the public peace, order or ,lec,,r,,,,, l,v a,,~ r,{',tsy, riotous, or disorderly conduct on tho i,remtse~; ~,~d shall, nr~t and will not, sell, give away, or furnish any sptr~t~r~,.~, malt, or f?rmented liquor, or wine, or any admixture thereof, to ony Intoxi- cated person, or to any minor under the age of elghtoen (18) vear~; nr,d shall not, and will not, permit any Intoxicated p{?rsrm or minor ,,rater tho age of eighteen (18) years, to be, or remain tn or the room in which said business tn conducted, and stall not, ~nd will -,~t. seel, give away or furnish to any person, and spirituous, malt, ~r ~ormented liquor, or wine, or any admixture thereof, b,,tween the hm~r of eleven o'clock p.m. and the hour of five o'clock a.m. of tho fei. lowing day; and shall, and will, obey and ab~de by the term~ o~ tht~ ordtnonce, and all laws and ordinances now tn force, ,~r which may hereafter be enacted, regulating places of business where spirt, tum,~, malt, or fermented liquor, or win,, or any admixture thereof, t~ sold, given away or furnished. Section 9. Any person or persons, may appear at the meeting of said Board of Trustees at which any application is to bo heard, and ~ile ~ protest against, and he beard in opposition to tho granting of permit for a license to any applicant. Section lO. The bond mentioned tn section 8 of this ordinance, shall be subject to the approval or rejection of the Board of Trustees, nnd shall not be approved by said Board unless said Board shall find that the surety company thereon is duly licensed to carry on bustnes~ ~:h~ State of California, and shall deem said company sufficte~t fnr the whole penal sum of said bond; and upon approval of ~uch bond, tho Board of Trustees shall consider said ,pplic, tlon, and any prote~t which may have been f~led, and if said Board shall, find that tho pl[cant is ~ fit and proper person to carry on said business; mn4 t:h.qt the carrying on of said business at the place where tim same t~ I:o cnrrt~d on, will not be prejudicial to the public good, pone? or ,,,~ral~, sat.d Board my be resolution grant the requtted p,.r,n~t: ~r/tt~d, however, that ,o permit shall be granted to 8r.y p~,rs,m, 4. ORDINANCE NO. 4 An Ordinance Licensing and Regulating the Traffic, Vending and Dis- posing of Spirituous, Malt, and Fermented Liquors and Wines, or any Admixture thereof, in the City of South San Francisco. The Board of Trustees of the City of South San Francisco, do ordain as follows: Section 1. It is hereby declared and made unlawful for any person, persons, firm or corporation to keep within the City of South San Francisco any saloon, liar, store, dram-shop, tippling place, stand or any other place where spirituous, malt or fermented liquor or wine, or any admixture thereof, is sold, without having the license therefor in this ordinance provided, and by this ordinance required. Section 2. It is hereby declared to be, and is hereby made unlawful for any person, persons, firm or corporation to sell within the City of South San Francisco, any spirituous, malt or fermented liquors, or wine, or any admixture thereof, without having the license therefor in this ordinance provided, and by this ordinance required: and the giving or furnishing, or any spirituous, malt, or fermented liquor, or wine, or any admixture thereof, to any person in connection with the sale of any other article, and as a part of the same transaction, shall constitute, under the provisions of this ordinance, a sale of such spirituous, malt or fermented liquor, or wine, or the admixture thereof, so given or furnished. Section 3. All licenses shall be paid for in advance, in lawful money of the United States, to the Marshal of the City of South San Francisco. Section 4. The license herein required must be procured from the Clerk of the City of South San Francisco, and payment of the license tax must be made to the Marshal of the City of South San Francisco, before the commencement of the business herein required to be licensed, and which said license shall bear the date of the day it is actually issued, and shall be issued for the period ending with the current quarter of the fiscal year; and shall not be valid for any purpose after the expira- tion of such quarter year; it being the intention to have licenses ter- minate quarterly with the close of the months of March, June, September and December: provided, however, that any and all such licenses shall 1. be issued, accepted and held subject to the pleasure of the Board of Trustees of said City of South San Francisco, and may be revoked, by said Board of Trustees, or a majority of said Board, at any time, for such cause as to said Board, or a majority thereof, shall, upon investigation seem sufficient. Section 5. A separate permission and license, under this ordinance must be obtained for each branch establishment, or separate place of business, and such permission and license shall authorize the party named in such license to run or conduct only one bar or place of business. Section 6. No license issued under any of the provisions of this ordinance shall be assignable or transferrable, or authorize any person, persons, firm or corporation, other than is therein named, to do business, or authorize business to be done, at any other place or building than the place or building particularly specified therein. Every license issued under the provisions of this ordinance shall specify by name the person, persons, firm or corporation, to whom it is issued, and the particular place and building in which the business for which it is issued is to be carried on, and also the date of its issuance, the term for which it is issued, and a descrip- tion of the business to be carried on thereunder. Said license shall also contain as part thereof, the following stipulation, to wit: "This license is hereby received and accepted subject to all the terms and conditions of Ordinance No. 4 of the City of South San Francisco, under which it is issued." Said stipulation must be signed by the person, persons, firm or corporation named in such license before any business is authorized to be (lone under said license. Said li- cense shall at all times be kept conspicuously 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 Marshal of said City of South San Francisco, is hereby authorized, required and directed to collect all licenses and all sums of money herein mentioned, and provided for in this ordinance. It is also hereby made the duty of said Marshal to cause criminal complaints to be filed against ali persons, firms or corporations, violating any of the provisions of this ordinance. 2. Section 8. No license required by this ordinance, shall be issued by the Clerk or Marshal to any person, persons, firm or corporation, or, if so issued, shall be valid for any purpose unless such person, per- sons, firm or corporation shall have been first granted a permit by the Board of Trustees of said City of South Sin Francisco to obtain 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 provisions of this ordinance shall be granted by the Board of Trustees of said City of South San Francisco, or if so granted, shall be valid for any purpose, unless the following conditions shall have been complied with, to wit: Each applicant for a license shall file with the Clerk of the City of South San Francisco, at least five days prior to any regular meeting of the Board of Trustees of said City, at which said applicant desires to be heard, a written application to said Board of Trustees for a permit to obtain the license herein required, which said application shall state and set forth: First:--The name and re- sidence of the person or persons, and of each member of the firm, and of each director of the corporation, making such application, and how long each of said persons has been a resident of said City of South San Francisco, and that said person or persons, and each member of said firm, and each director of said corporation, is either a native born or naturalized citizen of the United States, or a free-holder and resident of the City of South San Francisco. Second:--The class of license and place and building in which the busi- ness is to be conducted. Third:--That said applicant has not, nor has any member of said appli- cant firm, nor any director of said applicant corporation, with in two years prior to the date of making said application, been refused a permit by said Board of Trustees, nor has had any license revoked by said Board within said time. Fourth:--Said applicant shall also file a bond in the penal sum of one thousand dollars, payable to the City of South San Francisco, which bond shall be executed by some responsible surety company, as surety, and which company must he licensed to do business in the State of Cal- ifornia: and said bond shall be conditioned that said applicant shall 3. and will conduct the business for which a permit and license is sought, in a quiet, orderly and reputable manner, and shall not and will not permit any disturbance of the public peace, order or decorum, by any noisy, riotous, or disorderly conduct on the premises; and shall not and will not, sell, give away, or furnish any spirituous, malt, or fermented liquor, or wine, or any admixture thereof, to any intoxi- cated person, or to any minor under the age of eighteen (18) years; and shall not, and will not, permit any intoxicated person or minor under the age of eighteen (18) years, to be, or remain in or about the room in which said business in conducted, and shall not, and will not, sell, give away or furnish to any person, and spirituous, malt, or fermented liquor, or wine, or any admixture thereof, between the hour of eleven o'clock p.m. and the hour of five o'clock a.m. of the following day; and shall, and will, obey and abide by the terms of this ordinance, and all laws and ordinances now in force, or which may hereafter be enacted, regulating places of business where spirituous, malt, or fermented liquor, or wine, or any admixture thereof, is sold, given away or furnished. Section 9. Any person or persons, may appear at the meeting of said Board of Trustees at which any application is to be heard, and file a protest against, and he heard in opposition to the granting of a permit for a license to any applicant. Section 10. The bond mentioned in section 8 of this ordinance, shall be subject to the approval or rejection of the Board of Trustees, and shall not be approved by said Board unless said Board shall find that the surety company thereon is duly licensed to carry on business in the State of California, and shall deem said company sufficient for the whole penal sum of said bond; and upon approval of such bond, the Board of Trustees shall consider said application, and any protest which may have been filed, and if said Board shall find that the ap- plicant 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 Board may be resolution grant the required permit: pro- vided, however, that no permit shall be granted to any person, firm 4. or corporation who previously had a permit under this ordinance, and which permit bad, 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 or 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 na- turalized citizen of the United States, or a freeholder and resi- dent of said City of South San Francisco; and said Board of Trustees shall have absolute discretion to grant or deny any application. Section 11. 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 good only until the end of the fiscal year in which the same is granted, to wit: until the 30th. day of June thence next ensuing, and no longer. Any holder of such a permit, in seeking a permit for the next ensuing year, must file an application therefor, as hereinbefore provide, 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 bond as in the case of an original application, as hereinbefore mentioned and provided. Any one objecting to the granting of such permit may ap- pear at the hearing of said application, and protest as hereinbefore provided. Section 12. Licenses to be issued hereunder shall be of four classes: "Class A.": "Class B.": "Class C.": and "Class D.". A "Class A," license will authorize the sale of spirituous, malt or fermented liquors, or wines, or any admixture thereof, to be drank on the pre- mises where sold or other wise, in accordance with the terms of this ordinance, in open receptacles or otherwise, and in quantities less than a pint or otherwise. Such license shall be known as a "Saloon Liquor License." A "Class B," liquor license will. authorize the sale of spirituous, malt, or fermented liquors, or wines or any ad- admixture thereof, in quantities not less than a quart, in unopen or unbroken receptacles, and not to he drank or opened on or about the 5. premises where sold. Such license shall be known as a "Wholesale Liquor License." A "Class C." license shall authorize the sale of spirituous, malt, or fermented liquors, or wines, or any admixture thereof, in unopen or unbroken receptacles containing not less than one pint, and not to be drank or opened on the premises where sold and such license shall only be issued to be used in connection with the conduct of a bona fide grocery store, conducted principally for the sale of groceries, and such license shall be known as a "Grocery store Liquor License." A "Class D." license will authorize the sale of malt liquors, or wines, at a restaurant, and in open recep- tacles, containing not over a pint, or in unopen or unbroken recep- tacles containing not over a quart, and from a stock or supply of such liquors, or wines, kept on the premises for which such license is issued, and to be drank on said premises in connection with meals served thereon costing (exclusive of such liquors or wine) not less than twenty (20) cents. Such license will not authorize the main- tenance of a bar, nor the bringing in of liquors from an adjoining premises, nor the sale of any liquor or wine other than with the ser- vice in a restaurant of meals in which there is a bona fide delivery and consumption of food with such liquors or wines, and for which food, exclusive of the liquor, or wine, there must be a bona fide charge of not less than twenty (20) cents for each person served. Such license shall be known as a "Restaurant Liquor License." Section 13. Any person, persons, firm or corporation to whom a per- mit has been granted and a license issued under the terms of this or- dinance, who does not conduct the business for which such permit and license has been granted and issued, in a quiet, orderly and repu- table manner, or who permits any dancing in on or about his, their, or its place of business, or bar-room, or who allows or permits any disturbance of the public peace, order or decorum by any noisy, rio- tous or disorderly conduct on the premises; or who sells, gives away, or furnishes any spirituous, malt, or fermented liquor, or wine, or any admixture thereof, to any intoxicated person, or to any minor un- der the age of eighteen years; or who permits any intoxicated person, or any minor under the age of eighteen years, to be or remain in or about the room in which said business is conducted; or who sells, or 6. gives away, or furnishes any spirituous, malt, or fermented liquor or wine, or any admixture thereof, at such place of business, between the hour of eleven o'clock p.m., and the hour of five o'clock a.m. of the following day (without having first obtained the special permit to keep open between such hours as hereinafter provided), or who shall not abide by all the laws and ordinances now in force, or which may hereafter be enacted, regulating places of business where spir- ituous, malt, or fermented liquors, or wine, or any admixture thereof, is sold, given away or furnished; shall forfeit all permits and li- censes theretofore granted or issued to said person, persons, firm or corporation, under the provisions of this ordinance; and shall also forfeit to said City of South San Francisco the full amount of the bond required to be given to said City of South San Francisco, pur- suant to this ordinance; or such sum, part of the whole penal sum of such bond, as may be determined upon by said Board of Trustees, pur- suant to the terms of Section 14, of this ordinance. Section 14. It shall be the duty of the Marshal of the City of South San Francisco, and he is hereby directed to file with the Clerk of said City of South Sin Francisco, a complaint against any person, per- sons, firm or corporation, who be has reason to believe, is guilty of any of the acts, or neglects, specified in section 13 of this ordinance. Such complaint may, however, be made by any resident or citizen of said City of South San Francisco. Such complaint, must state the facts al- leged to constitute a breach of this ordinance: the name of the per- son, persons, firm or corporation offending, and the date or dates on which they occurred. Upon such complaint being filed with said Clerk, he shall at once prepare a copy thereof, together with a notice to said person, persons, firm or corporation, directing said person, persons, firm or corporation to appear before said Board, at its next regular session and meeting following the date of the service of said notice, to show cause, why said permit and license should not be revoked: and said copy of said complaint, and said notice shall be forthwith served on said person, persons, firm or corporation by the Marshal of said City, by delivering the same to said person, persons, firm or corpora- tion at the place where said business is transacted; or, if said per- son, or said member of said firm, or some director of said corporation, 7. be not found at the place where said business is transacted; then by leaving the same with some person in charge of said place of busi- ness; or, if no such person be found thereat, then by posting such copy of said complaint and notice, on the front door of said place of business. The Marshal shall report to the Board of Trustees the date when, and the method by which said papers were served. The Board of Trustees shall, if possible, investigate 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 subsequent to the service of the same. If, said Board of Trus- tees, or a majority of the members thereof, shall find that the com- plaint 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, persons, firm or corporation under this ordinance, and said licenses shall thenceforth be without force or effect. Said Board shall by the same resolution, or by a separate resolution, declare the bond required by and given under the provi- sions of this ordinance, or such sum or amount, part of the whole penal sum of said bond, forfeited to said City of South San Francisco, as in the judgment of said Board, shall seem proper; and shall direct that suit be brought on said bond, in the name of the City of South San Francisco, to recover the 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 tax or fee of thirty (30) dollars per quarter year of three months. b. Each holder of a permit for, or license under a "Class B." license, shall pay therefor, in advance, a license tax or fee of eighteen (18) dollars and seventy-five (75) cents per quarter year of three months. c. Each holder of a permit for, or license under a "Class C." license shall pay therefor, in advance, a license tax or fee of twelve (12) dollars and fifty (50) cents per quarter year of three months. 8. d. Each holder of a permit for, or license under a Class D." license shall pay therefor in advance, a license tax or fee of ten (10) dollars per quarter Year of three months. No license fee or tax shall be collected for a less period than a quarter year of three months. Section 16. No permit or license shall be issued to any person, per- sons, firm or corporation, doing business under the terms of this or- dinance, to keep open such place of business, or any rooms used in connection therewith, or as part thereof, or to sell, give away, or to furnish, any spirituous, malt, or fermented liquors, or wines, or any admixture thereof, between the hour of eleven o'clock p.m. of any night, and the hour of five o'clock a.m. of the next day; or to allow or permit any person or persons, to be or remain in 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, or lights, in or about said place of business, or in any room used in connection therewith, or as a part thereof, between said hours; and each and every person, firm or corporation, to whom a permit and license is issued under this ordinance, by the acceptance of such permit and license, agrees that be will close his place of business at said hour of ele- ven o'clock p.m. of each and every night; and all rooms used in con- nection therewith, or as part thereof, closed from said hour of ele- ven o'clock p.m. until the hour of five o'clock a.m. of the following day; that he will not sell, nor permit to be sold, any spirituous, malt, or fermented liquors, or wines, or any admixture thereof, in, on or about said place of business, between said hours; that he will extinguish at the hour of eleven o'clock p.m. of each and every night, all lights in and about said place of business, and in all rooms, used in connection therewith, or as part thereof, and that he will keep such lights extinguished until the hour of five o'clock a.m. of the next day' and that he shall not and will not, permit or allow any person, or persons, to be or remain in or about said place of busi- ness, or to be or remain in any room used in connection therewith, or as part thereof, between said hours; and that any failure to close said place of business and premises at the hour hereinbefore specified, and any failure to keep the same closed as herein required, and as 9. agreed by said license bolder; and any failure to extinguish said lights as hereinbefore required, and any failure to keep said place of business free and clear of any and all persons between said hours, shall be deemed sufficient ground for the revocation by said Board of Trustees of any and all licenses issued under the provisions of this ordinance; provided, however, that one light, arranged in such manner that it will illumine the interior of such place and premises, and permit the same to be inspected from the street, may be kept lit and burning as a protection to said premises, between said hours, and not otherwise: and provided, further, that a "Special Permit and Li- cense'' may be issued for the purpose of keeping open any place of business licensed under this ordinance, between said hours of ele- ven o'clock p.m. and five o'clock a.m., as follows; any holder of a license desiring to keep his place open between said hours, must file with the Clerk of said City, an application for such special Per- mit and License, not less than forty-eight hours before the night be desires to remain open, and deposit with such application the sum of $2.50; such application shall state the reason why said applicant desires to obtain said Special Permit and License; said Clerk shall forthwith present said application to the President of the Board of Trustees for his approval; or, in his absence to three members of the Board of Trustees, who shall endorse thereon his, or their approval or rejection; if approved, said Clerk shall issue such special Per- mit and License, which shall be good only for the night for which issued and which must be posted up conspicuously in the place of business for which issued; and shall pay over said sum of $2.50 to the Marshal of said City, who shall account therefor as for other public money. Not more than twelve special permits shall be granted to the holder of any regular permit and license during any one fiscal year. In case said special permit be not granted, said sum of $2.50 shall be returned to the applicant. Section 17. It is hereby made unlawful for any person, firm or cor- poration, who conducts or conduct, a saloon or place of business where liquor is sold, to permit or allow dancing in said saloon, or place of business. The violation of any of the provisions of this section, shall be sufficient ground for the revocation by the Board of Trustees, 10. of any permit or license held under this ordinance: and shall render the person, firm or corporation violating the same, subject to arrest and prosecution hereunder. Section 18. The number of "Class A." or "Saloon Liquor License" permits and licenses permitted to be granted and issued under this ordinance shall not exceed twenty-four (24). Section 19. It is further ordained, that any person having a rela- tive who is addicted to the excessive use of intoxicating liquors, may make written application to the Board of Trustees to have such person denied liquor. Such application shall be filed with the Clerk, and presented by him at the next regular meeting of the Board after the same is filed with him, when said application and matter shall be in- vestigated, and if it shall appear that said person, through the ex- cessive use of liquor, is unable to properly care for those dependent upon him for support, or whose conduct brings trouble and disgrace on the members of his family and his relations; or incapacitates him for business or labor; or will make his support a charge upon the City; then the Board may direct the Clerk to notify ali places of business selling liquor under this ordinance, not to give, furnish or sell to said person, or to any other person for him, any intoxicating liquor up to and including the 30th day of June following the date of such notice and the service thereof; and any violation of such notice will upon proof thereof to said Board of Trustees, render any party or corporation violating the same liable to have his or their permit and license canceled and revoked. Section 20. The provisions of this ordinance shall not apply to any sale made upon the bona fide prescription of a regularly licensed physician for medicinal purposes, by a duly licensed druggist. 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- tion for such change, together with the consent of the surety company on his bond that such change may be made, and that said bond shall apply to and cover said new location. The Board of Trustees shall fix a day for bearing said application for said change, when protests may 11. be presented against said change. For good cause shown, said Board may, by resolution permit said change to be made. Section 22. Every person, firm or corporation required by this or- dinance to take out a license, or to obtain a permit, who fails, neg- lects or refuses to take out such license, or to obtain a permit; or who carries on, or attempts to carry on, any business for which said permit or license is required by this ordinance, without such per- mit and license; shall be liable to the City of South San Francisco, for the amount of the license tax on such business; and the Board of Trustees may direct suit in behalf and in the name of skid City of South San Francisco, as plaintiff, to be brought for the recovery of such license tax: and in such case the Marshal or Clerk of the City of South San Francisco may make the necessary affidavit for and a writ of attachment may issue without any bond given on behalf of the plain- tiff. Section 23. Every person, firm or corporation, who shall, in the City of South San Francisco, keep or assist in keeping, any saloon, bar, store, dramshop, tippling place, stand, or any other place where spir- ituous, malt, or fermented liquors, or wines, or any admixture thereof, is or are sold, given away or furnished, without having first pro- cured the permit and license required therefor by this ordinance: or who shall sell, give away or furnish, within the City of South San Francisco, any spirituous, malt, or fermented liquor or wine, or any admixture thereof, without having first procured such permit and li- cense: or who shall violate 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 hundred (100) dollars, and not more than three (300) hundred dollars; or by imprisonment not ex- ceeding three (3) months, or by both such find and imprisonment; and any judgment that the defendant pay a fine shall also direct that he be imprisoned until the fine is satisfied and paid in the proportion of one day's imprisonment for every two dollars of such fine. Section 24. This ordinance shall be published once in !.'The Enterprise," a weekly newspaper printed and published in the City of South San Fran- cisco, and shall take effect and be in force from and after its passage. 12. Introduced the 26th day of October, 1908. Passed and adopted as an ordinance of the City of South San Francisco, at a regular meeting of the Board of Trustees of the City of South San Francisco, this 2nd day of November, A.D., 1908, by the following vote: AYES, and in favor of the passage of said ordinance; Trustees Harry Edwards. H. Gaerdes. David McSweeney NOES, and against the passage of said ordinance: Trustees, Thomas Hickey. Andrew Hynding ABSENT: Trustees, None /s/ Andrew Hynding President of the Board of Trustees of the City of South San Francisco. Attest: /s/ William J. Smith Clerk of the City of South San Francisco.