HomeMy WebLinkAboutOrd 162-1933 ORDINANCE NO. 162 '
AN ORDINANCE REGULATING
· THE VENDING AND DISPOS-
ING OF BEER IN THE CITY OF
SOUTH SAN FRANCISCO.
The City Council of the City of contain as part thereof the follow- position to the granting of a per-
South San Francisco do ordain as ing stipulation, to-wit: "This license 'mit for a license to any applicant.
· follows: is hereby received and accepted Section ·11. No permit shall be
Section 1. It is hereby declared subject to all the terms and condi- ' granted to any person, persons, firm
- and made unlawful for any person, tions of Ordinance No. 162, of the or corporation fi:
persons, firm or corporation, to keep City of South San Francisco, under (a) The applicant is not of good
within the City of S~uth San Fran- which it is issued and the laws of moral character; or
cisco any bar, store, stand, or any the State of California applicable to (b) The premises in respect to
other place where beer is sold, with- the sale of beer." Said stipulation which the license is to be issued do
out having the License therefor in must be signed by the person, per- not comply with the provisions of
this ordinance provided, and by this sons, firm or corporation named in this ordinance and of that certain
ordinance required, such license before any business is act of the Legislature entitled "An
Section 2. It is hereby declared authorized to be done under said act to levy an excise tax and to rog-
to be, and is hereby made unlawful license. Said license shall at all ulate the manufacture, distribution·
for any person, persons, firm or times be kept conspicuously posted and sale of certain beverages; to
corporation to sell within the City up in the place of business specified provide for the licensing of the
of South San Francisco, any beer therein, and shall not be valid, nor manufacture, distribution and sale;
without having the license therefor any beer sold thereunder, unless so to prescribe penalties for the rio-
· in this ordinance provided, and by _~k_ept_ .posted up. _ lation of this act and to provide that
this ordinance required and without Section 8. The tax collector of the this act shall take effect immediate-
. ' the payment of the tax herein pro- City of South San Francisco is here- ly;" or
vided, by authorized, required and directed - "
Section 3. All licenses shall be to collect all licenses and all sums (c) The premises and equipment
or the plans and specifications there-
paid for in advance, in lawful mort- of money herein mentioned and pro- of in respect to which the license is
ey of the United States, to the tax vided for in this ordinance. It is
collector of the City of South San hereby made the duty of the chief to be issued are injurious to .the
Francisco. of police of said city to cause crim- public health and safety; or, -
Section 4. The license herein re- inal complaints to be filed in the (d) The applicant has had a
quired must be procured from the city court against all persons, firms cense forfeited, suspended or re-
' clerk of the City of South San or corporations, violating any of the yoked under the provisious of this
Francisco, and payment of the Ii- provisions of this ordinance, ordinance or of said act; or
cense tax must be made to the tax Section 9. No license required by (e) The applicant subsequent to
·" collector of the City of South San this ordinance shall be issued by the passage of this ordinance and
· F~ncisco, before the commence-' the'clerk or tax collector to any within one year prior to filing his
ment of the business herein re- person, persons, firm or corporation, application, has been convicted of
quired to be licensed, and which or, if so issued, shall be valid for a violation of any law concerning
said license shall bear the' date of any purpose, unless such person, the manufacture, transportation or
the day on which it was actually is- persons, firm or corporation shall . ~-~1o o~ lSq~,~ .o~ h~ ~ .... ~o~a
sued, and shall be issued for the have been first granted a permit of a felony under the laws of this
period ending with the current half · by the City Council of said City of State, the United States or any State
- of the fiscal year, and shall not be South San Francisco to obtain the Li- of the United States; or,
· '" .v~lid for any purpose after the ex- tense required by this ordinance, (f) The premises wherein said Li-
'"' piration of such half-year. Any and and such permit must be in force tense is proposed o be exercised or
aH such licenses shall be issued, ac- and unrevoked at the time of the the proposed sale of beverages there-
eepted and held subject to the pleas- issuing of every license, in violates any building, zoning,
ute of rite City Council of the City No permit to obtain the license re- health, safety or police ordinance.
of South San Francisco, and may quired by any of the provisions of or any law of the United States or
be revoked by the City Council, or this ordinance shall be granted by of this State. Said City Council may
a majority of said City Council, at the City Council of said City of consider anY objections or protests
any time, for such cause as to said South San Francisco, or if so grant- to the issuance of licenses and said
. City Council may grant or refuse
. City Council, or a majority thereof 'ed, shall be valid for any purpose, the license applied for if the appli-
':. '. shall, upon investigation seem suf- unless the following conditions in
'..- fieient, cant does not comply with the pro-
. .'i:' Section-5. A separate permit and addition to all other requirements
' License, under this ordinance, must of law, have been complied with, visions of this ordinance and of said
be obtained for each branch estab- to-wit: Each applicant for a license act, and may issue said license if the
· lishment, or separate place of bust- shall file with the clerk of the City application complies with the pro-
ness, and such permit and license of South San Francisco, at least five visions hereof.
shall authorize the party named in (5) days prior to any regular meet- Section 12. A permit 'under this
' : such license to run or conduct only lng of the City Council of said City ~ ordinance shall be good only for
': one place of business, at which said applicant desires to be the person, firm or corporation
" Section 6. No permit or license heard, a written application to said named therein, and for the particu-
.i.i. under this ordinance shall be issued City Council for a permit to obtain lar place and business specified in
,' to any person who is not a citizen the license herein required, which such permit; and such permit shall
~ .. ~:: of the United States or to any firm said application shall state and set be granted semi-annually. Any per-
. '. whose members are not such citi- 'forth: mit granted between the first day
:. .'. zens or to any corporation all of First--The name and residence of of January and the thirtieth day of
·whose directors are not such citi- the person or persons, and of each June, of any year shall expire on
member of the firm, and of each the thirtieth day of June next fol-
~ zens
..... Section 7, No license issued un- director of the corporation, making lowing the date of its. grant; any
.. der the provisions of this ordinance such application, and how long each permit granted betxveen the first
shall be assignable or transferrable, of said persons has been a citizen of day of July and the thirty-first day
· or authorize any person, persons, the United States. of December of any year shall ex-
firm or corporation, other than is Second--The place and building in pire on the thirty-first day of De-
' .. therein named, to do business, or which the business is to be conduct- comber next following the date of
.' authorize business to be done, at ed. its grant. Any holder of such a per-
.' , any other place or building than Third--That said applicant has mit, in seeking a permit for the on-
:.. the place or building particularly not, nor has any member .of said suing half-year, must file an appli-
'specified therein. Every license is- applicant firm, nor any director of cation therefor, as hereinbefore pro-
. sued under the provisions of this said applicant corporation, within vided, at least five (5)days before
.ordinance shall specify by name the two years prior to the date of mak- the date at which the same is to be
· ' person, persons, firm or corpora- ing said application, been refused a heard and considered by the City
tion, to whom it is issued, and the permit by said City Council, nor Council. Any one objecting to the
particular place and building in has had any license revoked by.said granting of such permit may appear
which the business for which it is City Council within said time. at the hearing of said application
issued is to be carried on, and also Section 10. Any person or per- and prote~t as hereinbefore provid-
the date.of its issuance, the term for sons may appear at the meeting of ed. .
which it is issued and a description said City Council at which any ap-
of the business to be carried on plication is to be heard, and file a
thereunder. Said license shall also protest against, and be heard in op-
Section 13. Any person, persons, d. "On sale" licensee operating for part thereof, closed from said hour
firm or corporation to whom a per- a period of six (6) months, or less, of eleven-thirty o'clock p. m. until
mit has been granted and a license shall pay a proportionate amount of the hour of six o'clock a. m. of the
issued under the terms of this or- the license fee specified in subdi- following day; not to sell nor per-
dinanee, who does not conduct the vision (a) of this section, which mit to be sold, any such beverage
business for which such permit and amount shall not in any event be or drink in, or on or about said
license have been granted and is- less than twenty-five (25) per cent place of business, between said
sued, in a quiet, orderly and reput- of the annual license fee specified hours; not to permit or allow any
able manner, or who allows or per- in said subdivision (a). . person or persons to be or remain in
mits any disturbance of the public ,Section 16. Each licensee under or about said place of business, or to
peace,' order or decorum by any this ordinance shall, on or before be or remain in any room used in
noisy, riotous or disorderly conduct the 10th day of each month, submit . connection therewith, or as part
on the premises, or who sells, gives to said City Council, on forms to be thereof, between said hours; and
away or furnished any beverage or prescribed by said City Council,.~a that any failure to close said place
drink of any kind or nature what- verified statement showing the of business and premises at the hour
soever or permits the same to be quantity of beer purchased and sold herein specified, and any failure to
done at such place of business be- . by said licensee during the preced- keep the same closed as herein re-
tween the hour of eleven-thirty jng calendar month, and the names quired, and as agreed by said license
o'clock p. m. and the hour 'of six of the persons, firms and corpora- ' holder and any failure to keep said
o'clock a. m. of the following day, tions from whom such licensee shall place of business free and clear of
or who shall not abide by all the have purchased beer during such any and all persons between said
laws and ordinances now in force, calendar month. Each manufacturer, hours, shall be deemed sufficient
or which may hereafter be enacted, wholesaler or dealer and distributor for the revocation by said City
regulating places of business where of beer selling or delivering the Council of any and all licenses is-
any beverages or drinks are sold, same to any licensee hereunder, sued under the provisions of this
given away or furnished, shall for- shall submit to said City Council a ordinance.
reit all permits and licenses thereto- monthly verified report stating the Section 20. In the event of the
lore granted or issued to said per- quantity of beer sold or delivered suspension, revocation or surrender
son, persons, firm or corporation, during the calendar month preced- of any license issued hereunder, no
under the provisions of this ordin- ing the 10th day of each month and licensee shall be entitled to a refund
anee. the names ~>f the persons, firms or . of any part of any license fee paid
Section 14. It shall be the duty of corporations in said City of South to said City.
the Chief of Police of the City of San F~rancisco who have purchased Section 21. The words and ex-
South San Francisco, and he is here- and taken delivery of such beer. ' pressions "sale," "on sale," "off
by directed to file with the clerk of Section 17. Each licensee hereun- sale" and "premises" shall be con-
the City of South San Francisco a der shall keep a correct record of strued as defined in Section 1 of
complaint against any person, per- ail beer purchased and sold under said Act~
sous, firm or corporation, who he any license issued hereunder, which Section 22. ExcePt as otherwise
has reason to believe, is guilty of . record shall be open for inspection . in 'said Act provided, every person,
any violation of any of the' provis- at all reasonable times by any po- . firm or corporation who shall, in the
ions of this ordinance, or of theAct of lice officer of said City of South San City of South San Francisco, keep
the legislature of the State of Cali- Francisco or other person designated or assist' in keeping any store, stand,
fornia hereinbefore mentioned. Such by said City Council to make an in- or other place where any beverages
complaint may, however, be made specti(~n 9f_su_ch record. ,or drinks of any kind or nature
by any resident or citizen of said Section 17. Each licensee hereun- whatsoever are sold, given away or
City of South San Francisco. Such der shall keep a correct record of furnished, without having first pro-
complaint must state the facts al- all beer purchased and sold under cured the permit and license re-
leged' to constitute a breach of this any license issued hereunder, which qulred therefor by this ordinance
ordinance, the name of the person, record shall be open for inspection or who shall sell, give away or fur-
persons, firm or corporation offend- at all reasonable times by any po- nish within the City of South San
lng and the date or dates on ~vhich lice officer of said City of South San Francisco, any such beverages or
the breach occurred. Upon such Francisco or other person designated drinks without having first procur-
complaint being filed with said by said City Council to make an in- ed such permit and license, or who
clerk, notice shall be given to the speetion of such record. · shall violate any of the provisions
licensee as in said Act provided. Al- Section 18. It shall be unlawful of this ordinance shall be guilty of
ter notice has been given as in for any person, persons, firm or ~ dmisdemeanor and,'up0n conviction'
said Act required, the City Council corporation to engage in the business thereof, shall be punished by a fine
shall ff possible, investigate said of peddling beer in the City of of not more than Three Hundred
· ..complaint at the next regular meet- South ~San Francisco. For the put- ($300.00) Dollars, or by imprison-
ing of said City Council after the poses of this ordinance, the term ment not exceeding three (3)
service of said notice, or at such "peddling" shall be defined as go- months, or by beth such fine and
.,~ other time as said City Council may '; lng from housd to house, place to imprisonment.
,.-!'appoint. If said City Council, or a place, or in soliciting orders, for, or Section 23. The immediate pass-
majority of the members thereof, selling and either making immediate age of this ordinance is hereby de-
shall find that the complaint is well delivery, or delivery' at a later date, elated to be necessary as an urgency
· founded, and the charges made or offering for sale and delivery of measure for the immediate preserva-
therein are true, said City Council any beer to any person within said tion of the public peace, health and
~ shall so declare by resolution and City of South San Franeisee. safety, and the facts constituting
shall, by a resolution duly passed by Section 19. No. permit or license said urgency are as follows, towit:
a majority of said City Council, sus- ishall be issued to any person, per- The congress of the United States
pend or revoke the permit held by of America has enacted legislation
sons, firm or corporation, which will permitting the sale and possession
said person, persons, firm or corp- authorize any person, persons, firm
oration, and shall suspend or re- of beer and the Legislature of the
yoke all licenses issued to and held or corporation, doing business under
by said person, persons, firm or the [erms of this ordinance, to keep certainState OfactCaliforniaentitled inhasSectionPassedl0thatof
open such place of business, or any
corporation under this ordinance, as - this ordinance, which act of the leg-
said -City Council may determine to rooms used in connection therewith, islature of the State of California
be just. or as part thereof, or to sell, give prescribes regulations for the manu-
Section 15. The rate of license away, or to furnish, any beverage or facture, distribution and sale of beer
fee under this ordinance shall be drink of any kind or nature whatso- and provides for the licensing of
':. and is as follows: " . ~ ever between the hour of eleven- manufacture, distribution and sale
,.!-'a. Each holder of a permit'for an ~ thirty o'clock p. m. of any night, and of beer and designates the legisla-
'"on sale" license un8er this ordi- the hour of six o'clock a. m. of the tire body as such City Council the
nance shall pay semi-annually in next day; or permit any person or authority to provide the amount,
~ advance, for such license, the sum of persons to be or remain in or abput method and period of payment of Ii-
Twelve and 50-100 Dollars ($12.50); said place of business, or in any tense fees by ordinance. Said City
' b. Each holder of an "off sale" Ii- room used in eonnedtion therewith, of South San Francisco has no ordi-
eense under this ordinance shall pay or as part thereof, between said nanee now in effect governing the
semi-annually in advance, for such hours. Each and every person, firm sale of beer, and the immediate
license, the sum of Five Dollars or corporation' to whom a permit actment of this ordinance pursuant
($5.00). and license are issued under this to the provisions of said act, is ne-
e. Each holder' of an "on sale" or ordinance, by the ;~cceptanee of such cessary for the immediate preserva-
"off sale" license shah pay to said permit and license agrees as follows: tion of public peace, health and safe-
City a tax of fifty (50) cents per to close such place of business at ty of the people of South San Fran-
barrel of thirty-one (31) gallons up- said hour of eleven-thirty o'clock cisco and shall take effect immedi-
on all beer sold by such holder. Said p.m. of each and every night, and at.e_l~v.
tax shall be payable monthly on the all rooms used in connection there- -
._10th day of oaeh rnontla .nnd al*all . with, or as part thereof; to .keep
cover all sales made during the pre- said place of business, and all rooms
_ ceding calendar m?nth; . . __ use. d. '_tn connection there_wi.t~._ or
Section 24. This ordinance shall
be published in "The Enterprise and
the South San Francisco Joum~al,"
semi-~veekly nexvspaper, printed.
published and circulated in the City
of South Sah Francisco.
Introduced this 28th day of June,
1933.
Passed and adopted as an ordi-
nance of the City .of South San
Francisco, at an adjourned regular
meeting of the City Council of the
City of South San Francisco this 10th
day of July, 1933, by the following
vote:
Ayes, Councilmen V. Boido, R.
Tibbetts, 5{. Minucciani.
Noes, Councilmen None.
Absent, Councilmen Joseph
Quinlan, R. Lloyd.
Approved:
R. TIBBETTS,
President pro tempore of the City
Council of .the City of South San
Francisco.
ATTEST:
:' DANIEL McSWEENEY,
City Clerk.
(SEAL)