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HomeMy WebLinkAboutOrd 98-1918~ ~~U~ ~F, ~ ~ O~Y 0F SOUTH S~ F~CISC0, ~~ 0~~E N0. 59 ~ ~ C~ OF S0~ S~ ~O~C0 ~~~ ~0F, ~ ~ C~ 0F $~ ~ ~C~COe, N0~ 4~ 191~, ~ ~ 0~~~S ~A~0RY ~F ~D ~e Bo~ of ~uateea of the City of Sou~ ~ ~eisoo or~ as lo.own: S~th hn ~oluoo a~ nloon. ~, sto~e, ~~o~, tippl~ ~laee, s~d, or ~y other plaoe wh~e q~ituo~, ~t or f~- mentea liquor ~ w~e, or any a~i~e thereof, is sol~. wight ~ving the lioonae ~er~or in ~is or~ee provided, ~ this ~d~ce requi~. Seotion S. It is hereby.~:~eehre~-to be, ~d la ~eb2 mae ~a~ for a~ ~erson, ~ersons, fi~ or co~ration to sell with~ the City of ~o~h ~an ~cisco, ~ ~irituous. ~t fe~ented l~quoro, or wine, or ~ a~xt~e thereof, without ~vi~ the lio~ae t~efor in ~is ore--ce Drovid~, ~ by this or~oe ~quir~; and the ~v~ er ~s~ of a~ ~iritu~, ~t, or fe~ente~ liquor, ~ w~e, or ~Y a~ix~e thereof, to ~ person in o~nneetion with the ~le of ~ article, ~d as a p~t of the s~e t~otion, s~ll oonatitutep ~ the previsiens of ~is or~i~nce, a sale of ~ch ~t or fermente~ liquor, or wine, or the a~t~e thereef, given ~ f~ni~. 3eetion S. ~1 licensee s~ll be ~ai~ for ~ a~v~ce, ~~ money of the Unite~ States, to the ~ Oolleetor ef the City of South S~ ~aneisco. Seetlon 4. ~e license herein require~ ~ be ~roo~e~ fro~ the Ol~k of the City of S~ ~ ~cisco, an~ p~nt of the license ~ ~st be ~e to the ~ Celleetor of the City of San Francisco, before the commencement of the b~siness here~n requJ~ed to be license~, and which 8a~ l~oense $~ll b~r the ~te of the day on which it ~s aet~lly issue~, and s~ll be issued for the ~erio~ ending with the o~rent q~ter of the fis- cal year; and s~ll not be vali~ for a~ p~pose after the e~i- ration of such q~ter-year; it berg the intenti~ to ~ve li- censes te~i~te q~rterly with the close of the ~nths of ~rch. J~e, September and December: provide~, however, t~t a~ such licenses s~ll be issued, accepted ~d held ~bJeet to the pleases of the Board of Tr~tees of the City of Sou~ S~ ~- eiseo, and ~y be revoked, by said Bo~d of ~stees, or a ity of said B~r~, at a~ time, for such cause as to ~id or a ~Jority thereof, s~ll, u~on ~vestigati~ seem s~fielent. Section' $. A s~ate permission and license, ~er this ordinance, ~st be obtaine~ for ~eh b~neh establis~ent, or separate place of business, ~d such p~ission and license s~l authorize the party ~med in such license to r~ or conduct one ~r or place of bus.ess. Section 6. No license issue~ ~der the provisions of this ordi~ee s~ll be assig~ble or t~sfe~ble, or authorize person, persons, firm or co~oration, other t~n is therein ed, to de bus.ess, or authorize business to be done, at other place or building t~n the ~oe or build~ ~artie~arly ~eeifie~ therein. ~ery license issue~ ~der the provisions of ~s or~i~ce shall ~eeify by ~e the person, persons, or co~oration, to ~om it is issue~, an~ ~e partie~ ~ buildi~ in ~ieh the business for which it is issued is to be carried on, ~ also the ~ate"of its issuance, the term for which it ia issues ~d a deseri~tien of the business to be ed on there~er. Said lieemse s~ll also contain as part theme- of the following st~lation, to-wit: "This license is hereby received and accepted subject to all the te~s ~d e~itions of Ordinance Nco , of the City of 3outh 3an Frame,sc,, unAor which ~t ~n ~ssu~U. ~i~ eti~t~on ~t be e~e~ by the pare,n, ~erson8, f~m or oo~o~t~on ~e~ ~ ~oh 1.~oenao before ~ bus,ness ~s authoriz~ to be ~one ~Aer said l~aonse. ~i~ license 8~11 at all times be kept con~ieuously Doste~ up the )~oe of b~ines8 specifie~ there~., an~ ~all not be nor ~ liquor sold there~er, ~less so k~t poate~ ~. Section 7. ~e ~ Colleetor of the City of S~th San ~nciaoo is h~eby authoriae~, requL~ an~ G~eote~ to collect all 1M- 8e8 ~ all s~s of money here~ mantiseS, ~ provide~ ~is ordi~noe. It i8 hereby m~e the ~uty of the City of ~id City to ~use ~~1 combats to be file~ a~inst persons, fi~s or eorpo~tion8, violating ~ ~' the ~ision8 of this oral.nee. Section 8. No lieense requ~e4 bY this o~i~ee ~1 be issued by the Ol~k or ~.Colleetor to ~y ~erson, D~sons, fi~ o~ corporation, or, if so lssue~, s~ll be vali~ for ~y ~ess nth ~son, persons, fi~ or o~o~tion ~all have been f~st g~te~ a pe~t by the B~r~ of ~tees of ni~ City ef South ~ ~eis~*~ to ob~ ~e license requ~ed by this oral.nee, an~ such P~it net be i~ fo~e an~ ~evoko~ at the t~e of the iss~ng~ of every license. No p~it to obtain the license require~ by a~ of the pro- visits of this ord~nauee s~ll be ~te~ by the B~ of tees of sai~ City of South ~n ~oisQo, or if so ~t~, s~ll be vali~ for any ~ose, ~ess the following con, itl,ns been co~lie~ with, to-wit: hoh applicant for a license s~ll file with the Clerk of the City of ~outh ~n ~an~isco, at least five days ~rior to a~ reg~r meeting of the Bo~ of ~teea of ~i~ City, at which ~i~ a~plioant ~esire8 to be he~, ~itten applieation to ni~ Bc~d of ~tees for a pe~it to obtain the license here~n requiem, ~lch sai~ application ~1 state and get forth: First:-- The na~ and FosiAenoe of ~. Ben or persons, and of each member of the f~.~m, and of each sorer of the oor~omtion, mak~n~ such q~lloation, an~ how o~ch of said persons has been a resident of the City of Se~th San Francisco, and that 8ai~ person or Dots, ns, and each membe~ of said firm, an~ each dice,tot of e~id, ecs~poX~tlon~ is eithe2~ a native born or natur~lize~ ,irises of the UniteA States, Second:--The class of license and place and building in which the business is to be conducted. Third:--That sai~ applicant has not, nor has any menber ef said applicant firm, nor any director of said applicant corpor- ation, within two years prior to the date of making said app- lication, been refused a pex-mit by said Board of T~ustees, nor has had any lloense revoked by said Board within said time. Fourth:--Said applicant or applicants shall also execute and file a bond in the penal sum of One Thousand (1000) Dollars, with two or more sureties and payable to the City of South San · Y~ancisoo; and the sureties shall accompany sai~ bon~ with an affidavit that they are each residents and f~eeholders within the County of San Mates, State of California, and are each worth the sum speoifie~ in said bond over and above all their Just debts and liabilities, exclusive of property exen~t from execu- tion. No personal surety shall be acceptable on such bond has already become liable u~on three bon~s executed for 8inil~ purposes. Any corporation such as mentioned in Section Ten dre~ and Fifty-six (1056) of the Code of Civil P~ocedure of the State of California may become sole surety u~on such bond. Said bond shall be conditioned that said applicant or applicants shall and will conduct the business for which a permit and license are sought, in a quiet, orderly and reputable manner, ~d shall not and will not permit any disturb ~ the peace,  ~ public order or ~ecorum, by any noisy, riotous, or disorderly conduct on the prealsss; an~ shall not an~ will mo~ sell, g~ve away or furnish an~ spirituous, mlt or fomented liquor, or wine, or a~y a~aix- tu~e thereof, e~ per.it the same to be done, to a~V i~texieate~ )erson, or ~o ~7 ~aor ~er ~he age of ~en~y-one (Gl) years. or to a~ ~it~l ~.n~, or to a~ ~ ~$on to whom ~i~ ap~li- oant or aD,Ii,nfs ~y be forbidden to ~ell by ~itten notioe ~de by the hus~d, wife, ~arent, ehil~ over twelve {1~) years of age, brother, sister, g~r~ian, ~ over twelve {1~) of age, er e~leFer of such person; an~ s~ll net, an~ will nct~ permit any intoxicated person, or ~bit~l ~~~, or ~der the ~e of twenty-one (21) years to be, or re. in ~ or about the ro~m ~ which said business is conducted, an~ not, and will not, sell, give a~y or ~nish to ~y person ~ ~irituous, mlt, or fe~ente~ liquor, or ~ne, or ~y a~ixt~e thereof, or per~t the ~e to be ~one, between the ho~ of o'clook ~.m. aa~ the ho~ of six o'clock a.m. of the follow~ ~y; ~ sh~ll not, and will not, ~e~it any ~eing in his, their or its ~lace of business, or in a~ p~ee co~eet~ therewith or form- ~ a D~t thereof or a~e~ thereto; an~ s~ll, an~ will, e~ey abide by the terms of this oral.nee, ~d all laws ~d now in force, or which ~y hereafter be enacted, re~t~ of business where spirituous, ~t, or fermente~ liquor, or wine, or ~y a~ixt~e thereof, is sol~, given a~y or Section 9. ~ ~erson or persons, ~y app~r at the meeting of sai~ Bo~ of ~stees at which ~y ap~lication is to be he~, an~ file a protest against, ~ be hear~ in opposition to the ~g of a petit for a license to ~y Section 10. ~e bon~ in Seetion eight of this ~ustees; an~ ~on appro~l of such ben~, ~e B~r~ of ~ustees s~lX consider said a~plication, ~ ~y protest which ~y been filed, an~ if ~id ~ s~ll fin~ t~t ~i~ ap~Xie~t is a fit and proper person to carry on ssi& business, and that the ~arrying on of said b~siness, at the place where the same is to bo carried on, will not be prejudicial to the ~ublio good, or morals, said Board may, By resolution, ~t the requ~e~ ~t; p~eVi~e~, h~ever, t~ no p~t s~ll be ~ante~ to ~y person, ~ersons, fi~, or oo~oration who ~oue~ ~ a ~t ~er this ordin~oe, and which p~it ha~, with~ two prior thereto been revoke~; nor to ~y fi~ or corporation, m~ber or director of which B~ a p~t, an~ which pemit within two year8 prior to said he~ing of sai~ application, revoke~; nor to ~ person, p~sons, firm or co~oration, ~ess such person, or each member of such firm, or each director of such eo~oration, is either a ~tive born or nat~lized citizen of the Unite~ States; an~ sai~ ~o~d of Trustees 8~11 ~ve solute ~iscretlon to ~t or de~ a~ application. Section 11. A ~e~t ~er ~i8 ore--ce s~ll ~ecify the c~ss of license to be issue~ there~er, ~d 8~11 he goo~ for the person, firm, or 'Oo~oration ~e~ there., ~ for the p~tie~ar ~laee and business an~ class of bus~ess s~ecifie~ in such pe~it; and such petit 8~11 be ~ted ~y ~ermit ~nte~ between the fir~ ~y of ~~ and the th~- tieth ~y of J~e of ~y year s~ll e~e on ~e thi~ieth ~ of J~e next follo~ng the ~ate of its ~t; ~ ~te~ bo~een the first ~y of ~y ~ the thi~y-fi~st ~y of Deee~e~ of a~ year 8~1 e~e on the ~i~y-first ~ of Deoember next follow~g the ~te of its ~t; it being the ten~ion t~t all pe~its ~nte~ ~er the te~ of this or~t- nance s~ll te~i~te seminally with the close of the months of ~e and Deoember. ~ holder of Ouch a ~emit, ~ 8ee~ a ~ermit for the enou~ ~lf-ye~, ~8t file ~ therefor, as hereinbefore p~vide~o at least five ~ays before the date at which the same is ~0 be he~( ~ eonsi~ere~ by the Board of ~rustees, which .a~lioatima auat be acoom~anie~ by a bon& as ~ the ~se of the or~~ apDl~oat~on, is ~ere~nbeforo m~t~oned ~ p~e~. ~o oB jeet~ to the ~t~ of such ~er~t ~y. a~e~ at the ~aring of said application ~ ~test as bFeinbeforo ~royide~. ~eotion ~2. ~ioenaoe to be issued here~er s~ll be of two classes: "O~8s Au and wClas8 Be, A ~C~8s Au license will thorize the sale of ~ltu~s, ~t or fermente~ liquors, or ~nes, or ~y ~~e thereof, to be ~ on ~e where sol~ or othe~ine, ~ aeoor~ee with the te~ of t~la o~~ce, ~ 0~en receptacles or othe~ise, an~ ~ q~ntities less th~ a ~int ~ o~e~ise. A "C~sl B" liquor license will authorize the sale of ~lrituous, mit or fe~ted liquors, or w~es, or ~y ~~e thereof at a re~a~t, an~ in open ceptacles, conta~g not over a p~t, or ~ ~en or ~broken receptacles conta~g not over a q~rt, an~ ~om the stock or ~p~ly of ~i~ituous, ~t, or fe~ente~ Xiquers, or w~es, or a~ a~t~e thereof kept on the pre~ses for which such license:: is issued, an~ to be ~r~k on said ~re~ses in co~ecti~ wi~ meals se~e~ thereon, eost~ (exclusive of such s~irituous, ~t, or fermente~ liquors, or wines, or any a~i~e thereof) not less t~n twenty-five (~5) cents, ~ch license will not author- ize the ~intenance of a bar, nor the b~i~ ~ liquors a~Jo~g ~remises, nor the ~le of any ~irituous, mlt, or mente~ liquors, or w~es, or ~y a~t~e thereof other t~ with the se~ice in a resta~t of meals in ~lch there is a bo~ fi~e ~elivery ~d cons~tiom of foe~ with such liquors w~es, ~ for which f~od exclusive of the ~iritu~us, mlt or fe~nt~ liquors, or w~es, or ~y a~t~e thereof, thee ~ be a bo~ fi~e c~rge of not less ~ ~enty-five (25) cents for each p~s~ se~. A "O~as l" liquor license will not au-. thorize the sale of spirituous, ~t, or fermented Xiquora, o~ Wines, or. an~ a~m~rture thereof, in &ny hotel, or in an~ Dlaae ~esignate~ as a resta~zant, such place being & part-of a hotel, or in any place in connection with which slee~lng rooms a~e let for l~ire, or in &ny place having any communication or conneetie~ w~th any hotel or with. any place where sleeping rOOnLU are let for hire, nor in aU other.place, except it be conducted exclu- sively as a restaurant. Section 13. A,y person, persons, firm, or corporation to whom a permit has been granted and a license iseue~ under tho terms of this or~aBce, who does not conduct the business for which such permit an~ license have been granted and issue~, in a quiet, orderly an~ reputable manner, or who permits ~ncing in his, their, or its place of business, or bar-room, or in any room connecte~ therewith or forming a part thereof or ammexed thereto, or who allows or permits any disturbance of the public peace, order or ~ecorum by any noisy, riotous or disorderly con- ~uot on the IZ-emises; or who sells, gives away or furnishes, any Q.~rituous, malt, or fermente~ liquors, er wines, or any admix- ture thereof, or permits the same to be done, to a~ intexio&te~ person, or to any minor un, er the age of twenty-one ~21) years, or to any habitual d~ or to any sol~ier or sailor in uniform; or who permits any intoxicated person, or minor un, er the age of twenty-one (21) yea~s or any habitual d~d to be or remai~ in or about the room in which m~i~ business is conducted; or who shall sell, give away or furnish any spirituous, malt or fermente~ liquors, or wines, or any ad~Exture thereof in ajay enclose~ package or in ~n open or enclose~ bottle containing less than one pint, or who s~l· sell, give away or furnish the same in such enclose~l package or closed bottle after the hour of seven o'clock p.m. of a~ or who sells, gives away or furnishes an~ spirituous, malt, or fer- mento~ liquors, or wines, or any &dm~txtu~e thereof, o~ permits the same to be ~one, at such place of business between the hour of nine o,clock p.m., and the hou~ of $~.x o'clock ~-m. of the following --8-- or who shall not abide by all the law~ and or,Ii. ShOeS now ~n fores, or which may hereafter be enactedt regulating places of business ~rituous, ~lt, or fermente~ liquors, or w~ea, or ~y a~t~e thereof, ~e sol~, given a~y or ~l~e~, ~1 forfeit a~ ~ licenses th~etofore ~te~ or is~e~ to said ~eraon, fi~ or co.option, ~er the proviai~ of this ore.nee; also forfeit to said City of South ~n ~cisoo the f~l a~e~t of the ~nd require~ t~ be given to sai~ City of South ~n co, p~s~t to the provisions ef this or~i~ee; or such ~ p~t of the whole penal s~ of such bon~, as ~y be ~ete~ ~on by said Bo~d of ~ustees, ~s~nt to the te~ of ~T[ON 14. ~t shall be the ~uty off the ~rs~l of the C~ty off South Ban ~~sco, and he l~ hereby ~ire~te~ to ff[le w~th the Clerk of the City of South Ban ~clseo, a co~int ~gainst ~ person, ~s~s, fi~ or corporation, who he ~s reason to lieve, Is ~ilty of ~y of the acta, ~ neglects, ~eoified Section 13 of this ore.nee; or of ~y violation of a~ of the provisi~ of this ore--ce. Such eo~laint ~y, h~ever, be ~e by ~ resident or citizen of sai~ City of South San Franciseo~~ ~?Such eo~int ~st state ~e facts alleged to constitute a breach of this ord~ce, the n~e of the ~erson, p~sons, oo~oration offending ~d the ~te or ~ates on which they oce~- re~. Upon ~eh co~iat being file~ with said Clerk, he s~ at once ~rep~e a copy thereof, together with a notice to ~id per- son, persons, fi~, or co~oration, ~irecting sai~ person, p~sons, firm, or co~oratlon to appear before said Bo~d, at its next reg- ~r session and meeti~ following the ~ate of the service of said notice, to show cause, why said p~t ~ license s~d not Be revoke~; ~ said copy of said Coolant ~d sai~ notice s~ll forthwith be se~e~ upon said person, persons, firm, or co~oratioa by the ~rs~l of said City. by ~eliveri~ the a~e to said person, persons, firm, or corporation at the place where said business is transacted; or if said person, or sai~ member of sai~[ firm, or ~Ireotor of said corporation, be not found at the place where said business is transacted, then by leaving the same with some per- son in charge of said place of. business; or, if no such person be found thereat, then by posting such copy of said complaint an~ notice On .the~ front door of sai~ place of bus, ness. The Mar- shall shall report to the Boar~ of ~rustees the date when, the method by which said papers were served. The Board of Tx, us- tees shall, if possible, investigate said complaint, at the lext regular meeting ef said Boa~l after the service of said co~plaint and notice, and not later than the second regular meeting of sai~ Board subsequent 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 founde~, and the charges made therein are true, said Boar~ shall so declare by resolution, and shall by · a resolution duly passe~ by a majority of said Boar~ revoke the permit hel~ by said person, persons, firm or corporation, 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 effect. ~ai~ shall by the same resolution, or by a separate resolution, elate the boncl requirsd by and given under the provisions of this ordinance, or such sum or amount, part of the whole penal sum of said bond, forfeite~ to sai~ City of South San Francisco, as in the Judgment of said Boar~ sb~all seem pro, er; an~ shall ~irect that suit be brought on said bond, in the n~me of the City of South San Francisco, to recove~ the amount so &eolare~ forfeiteA, Section 15. The rate of licenwe fee un, er this ordinance shall be and is as follows: a. Each hol~er of a pex-~it for a license under "Class A" shall pay, in a~vance, for such license the sum of One Hund~red -10- heweTlr, that aoh such ho~e~ et a ~e~m~t whose ~laee ot buatne~8 ~1 Looate~ west of Chestnut ;ATenue ~n 8a~ C~ty bf 3outh ~n eleeo s~ll pay, in a~v~ee~ for the license the e~ of S~ty-twe an~ 50/100'Dol~rs [$62.60~ p~ q~er year off t~ee mont~. b. ~ch hol~r of a De, it for a lioense ~er ~C~ss ~1 ~ay therefor, ~ ad--ce', a license t~ or fee of Eighteen ~ 75/100 ~l~rs ~8.75) Der q~er ye~ of t~ee ~nths. Section 16. No ~e~it or license s~ll be is~e~ to ~y ~er- son, Dersms, firm, or co~omtiom, ~ieh ~1 authorize ~ Der- son, p~sons, f~m, or corporation, do~g bus,ess ~er the te~s of this ore--ce, to kee~ o~en such place of business, or a~ rooms use~ In eo~eotion th~ewith, or as part thereof, to sell, give a~y, or to f~nish, a~ ~iri~o~, ~lt, or fer- mente~ liqu~s, or wines, or ~ a~t~e ~ereof, between the ho~ of n~e o'clock p.m. of ~y night, ~d the ho~ of o~oek a.m. of the next day; or to allow or ~er~t ~y person, or ~ers~s to be or re~ in or about ~i~ D~ee of business, ~ ~ roo~ us~ ~ co~tion th~ewith, or as ~t thereof, Be~een said ho~a; or to allow or ~e~t ~ light, or lights, ~ or about sai~ ~ee of business, or ~ ~y room use~ tion therewi~, or aa p~t thereof, between sai~ ho~s; an~ every ~erson, fi~ or corpo~tion, to whom a ~mit ~ lieen~ are ia~e~ ~der ~is or~i~ee, by the acceptance of such petit an~ license, a~ees t~t he will close his place of b~iness at ~i~ ho~ of nine o'olo~ p.m. of each and eve~ night, an~ all roo~ ~e~ in co~ection therewi~, or as p~t thereof; t~nt he will kee~ sai~ ~lace of business, and all roo~ use~ in therewith, or as part thereof, cloze~ from said ho~ of n~e o'clock ~.m. ~t~ ~e ho~ of six o'clock a.~. of the f~lewi~ he will not sell, nor permit to be sold, ~ ~irituous, ~lt or fermente~ liquors, or wines, or a~ a~t~e thereof, la, on or about ~id place of business, be~een sai~ ho~s; t~~ at ~e ho~ of nine o'clock ~.m. of each ~n~ every ni~t o~l l:L~ts ~ and. &bout mid plaoe o~ business, ind. :Lu o, ll used in oonneotion therewith, or as ~art the~eof, and that he wiLl keeD mLeh lights extinguished until the hour of six st,leek &.m. off the next d~y; that he shall not and will not permit or allow any person, or persons, to be or remain tn or about said plaae of ness, or ~t~ be or remain in any room use~ in oonneotlon therewith~ or aa part thereof' between said hours; and that any failure to el,se 8&i~ ~laee of business and premises at the hour herein spe~i£1e~, and any failure to keep the same closed as herein requir~! a~ as agreed by said liaense holder; an~ any failure to extinguish sai~ lights as hereinbefore require~, 'an~ any faAlure to keej~ 8ai~ place of business free an~ clear of any and all persons be- tween said hours, s_~_~ll be deeme~ suffieient groun~ for the re- voeation by said Boar~ of Trustees of any and all licenses issue~ under the provisions of this ordinanee; provide~, however, that one light, arranged in such manner that it will illuminate the in- terior of such place an~ premises, and permit the same to be in- speete~ from the street, may be kept lit an~ burning as a pro- tection to sai~ premises, between said hours, and not otherwise. Section 17. No ~erson, persons', firm, or corporation engage~l in ~arrying on the business of selling dry goo~s, or hardware, or groceries, or fruit, or brea~, or other provisions shall 'De granted a permit and license under the terms of this ordinaries, unless it be to sell, give away or furnish s~irituous, malt or fermented liquors, or wines, or any admixture thereof in some other building entirely distinct and separate from, and nos com- munieating with the plaee where, and in which, suoh business of selling dry goods, or hardware, or grooeries, or fruit, or brea~, or other provisions, is earried on, or if in the same building, then only in a room which is separated by partitions at least three (Z) inches thiek, extending from the floor to the ceiling, with no opening or means of entrance or communication between the room in which such selling, giving away or furnishing spirituous, malt or fermented liquor, or wines, or any admixture thereof, is -1~- carried on and the store, or rooms in whl~ the sell~g of d~y goods, or ha~wa~e, or groceries, or ~t, or brea~, or other provisions is carrie~ on, so that it is necessary to go into the pubXio street before one place can be entered upon leaving the other. Section 18. The person, persons, firm, or corporation to whom a permit and license shall be granted under the texans of this ordinance shall actually operate, manage and control the business of selling spirituous, malt and fermented liquors, or wines, or any admixture thereof, exclusively for his, their or its own use and benefit. If said Board of Trustees shall find, upon investigation, that the person, persons, firm, or corpora- tics holding any license issued pursuant to this ordinance ~o 'not actually manage and control said business authorized by said permit and license exclusively for his, their or its own use and benefit, sai~ Board shall forthwith revoke sai~ license. Section 19. It is further ordained that no sale of spiri- tuous, malt or fermented liquors, or wines, or any ad~aixture thereof, shall be m~e to any person whose wife, husband, parent, child over twelve (12) years of age,/brother, sister, guardian, war~ over twelve (1~) years of age,~$r en~loyer of such p e~son shall by written notice forbid such ~sales. It shall be the duty of the Board of Trustees to immediately revoke the license of any person, persons, firm, or corporation making such sale in violation of this section. Section ~0. No legally license~ pharmacist shall be requir- ed to obtain the permit and license in this ordinance provided. Any legally licensed pharmacist may sell spirituous, malt or fer- mented liquors, or wines, or any a~mixture thereof, for medici- nal purposes, only on the prescription of a duly ltcense~ physi- cian, which prescription shall be preserved by the vendor paste~ in a book and shall be but once fi]le~, and that only on the day when dated and given, which beck shall be kept in the' sa~e room where the business of selling ~rugs is carried on an~ -1Z- shall be open to ~p~blio i~8~ooti ~e~t~o Such liquors and wines, or any ad]dxture thereof, 8o dol~ e~ll not be ~ u~ the pre- ~8e8 where 8o1~. o~ in a~ outbuil~i~. ~e booth~ ~ thereto, or eo~eete~ there~th, except when such prescribes it to be use~ upon such ~re~ses ~ case of ~ acci- dent; ~d ~rovi~e~ ~er that such prescription s~l not be given ~less the p~sici~ is satisfie( t~t the liquor to be f~nish~,~ is neees~ry for the h~lth of the person for i8 ~reseribe~, ~ieh fact ~t be state~ in the prescription.~' Section 21. ~ any p~son, firn or co.option. permit has been ~te~ ~ a license issue~, ~esires a c~nge of location of his'p~ce of business mentione~ ~ ~s petit an~ license, ~i~ person, firm or co~oration sM1 file with the Ol~k his a~Dlication for such ch~e, together wi~ the consent of the s~ety or ~eties upon his bon~ t~t such c~e ~y be ~e, ~ t~t said bon~ s~ll apply to and cover said ~ lo- cation. The B~r~ of Trustees s~ll fix a ~ay for hear~g ni~ appli~tion for said c~nge, when protests ~y be presente~ a~inst said e~nge. For goo~ ca~e sho~, ~i~ Boar~ ~ by re- solution pemit sai~ c~nge to be ~e. Section 22. ~ery ~erson, firm or co~oration requ~e~ this ordnance to take out a license, or to obtain a pe~t, fails, neglects or refuses to take out such license, or to a ~er~t; or who carries on, or who attempts to carry on, business for which said permit or a license is require~ by this or~i~anee, without such permit ~n~ license, s~ll be liable' to the City of ~outh San Francisco for the ~o~t of the license taw on such bus.ess; ~ the Bo~ of Trustees ~y direct ~ beef of ~d in the n~e of sai~ City of South ~ as plaintiff, to be broth2 flor 2he recovery off s~h~ license t~: and ~ such case the ~s~l or Clerk of sai~ City of ~outh S~ Francisco ~y ~ke the necessary affi~vit for ~ attac~ent ~y issue without any bon~ being given on be~lf of -1~- the plaintiff. Section 2Z. It shall be unlawful for any person under the age of twenty-one {21) years, present in any place where~ spirituous, malt or fermente~ liquors or wines, or any adm~ixture thereof, is sold, served or given away, when asked to give his or her age to the proprietor, or any of the employees therein, to misrepresent his or her true age or refuse to give the same. Section 24. It shall be unlawful for any person, firm or cor- poration to whom a permit has been granted and a license has been issued pursuant to the provisions of this ordinance to sell or give away any spirituous, malt or fermente~ liquor er wine or any ad~ntxture thereof in an enclosed package or in an open or closed bottle after the hour of seven o'clock p.m. of any d~y. Section P~. It shall be unlawful for any person or persons to sell, give to, furnish or supply to any soldier or sailor in u~l£~ az~V t~rituous, malt or fermented liquor or wine or any admixture thereof. Section 26. It shall be unlawful for any person, firm or corporation to whom a permit has been granted and a license has been issue~ pursuant to the provisions of this ordinance to sell or give away or furnish any spirituous, malt or fermente~ liquor or wine or a~y adJnixture thereof in anS~ enclosed package or in any open or enclosed bottle containing less than one pint. Section 2?. The number of liquor licenses shall not exceed twenty-four (24). Section 28. Every person, firm or corporation who shall, in the City of South S~n'~ancisco, keep or assist in keeping, =wy saloon, bar, store, dramshop, tippling place, stand, or other place where spirituous, malt or fermente~ l~qe~rl, or wines, ~r any admixture thereof, are sold, given away or furnishe~, with- out having first procured the permit and license required there- for.~by this ord~_~_~ce; or who sb~ll sell, give away or furnish -1§- within the City of South San Francisco, any spirit~ous, malt or fermented liquors, or wines, or any admixture thereof, without having first procured such permit and license; or who shall vie- late any of the provisions of this ordinance, shall be guilty of a misdemeanor; and"upon conviction thereof, shall be punishe~ by a fine -or not less than One Hun&red (100) Dollars, and not more than Three Hun~re~ (300) Dollars; or by i~riso~ment net exceeding three (3) months, or by both such fine and im~rison- Section 29. Ordinance No. 59 of the City of South San Francisco ent[tle~ 'An ordinance licensing and regulating the traffic, vending and disposing of spirituous, malt and fel,~e~te~ liquors and wi~es~ or any a~mixture thereof, in the City .of 3an Francisco, ~ passed by the Board of Trustees of the .~ of or~inanses amendatory thereof an~ supplemental thereto are hereby repeale~o Seotion ZO. This ordinanoe shall,.~be published once in "The Enterprise", a weekly new~paper printe~, publishe~ and in the City of South San Francisco, an~ shall take effect an~ be in force from and after the exlrJ2atiea of thirty (30) days from aha after thedate of its passage. ~1~. ~ Introduced this ay of 1918. ]~asse~ a~d adopted as an ordinance of City of South San Francisco at a regular meet~g of the Boar~ of Trustees o~ , Absent, Trustees · City of ~outl~ ~an Ranoisoo.