HomeMy WebLinkAboutOrd 119-1923 I r
CITY OF SOUTH gAN FRANCISCO ENTITLED "AN 0RDI-
NANCE REGULATING THE VENDING AND DISPOSING OF ~.~
BEVERAGES AND DRINKS IN THE CITY OF SOUTH SAN
FRANCISCO", PASSED AND ADOPTED ON THE 8th DAY
OF DECEMBER, 19EO, BY ADDING TWO NE~ SECTIONS
TO BE NUNB~D 8A AND llA, RESPECTIVELY, AND BY
A~EENDING SECTION~iE AND 1Z THEREOF.
The Board of Trustees of the City of So,~th San Frsncisco do or-
dain as follows:
Section 1. A new section is hereby added to Ordinance No. 108
of the City of South San Francisco entitled "An Ordinance Regulating
the Vending and Disposing of Beverages and Drinks in the City of South
San Francisco", passed and adopted on the 6th day of December, 19£0,
which new section shall be n~oered 8a and shall read as follows:
Section Sa. Said applicant or applicants shall also execute and
file a bond in the penal s~m of Five H~ndred Dollars ($500.00), with
two or more s~eties and payable to the City of South San Francisco;
and the sureties shall accompany said bond with an affidavit that they
are each residents and freeholders within the County of San ~v~ateo,State
of California, and are each worth the smu specified in said bond over
and above all their just debts and liabilities, exclusive of property
exempt from execution. No personal surety shall be accepta01e on
bond who has already become liable upon two bonds executed for similar
p~rposes. Any corporation s~ch as mentioned in Section Ten H~ndred
Fifty-six (10561, of the Code of Civil Proceedure of the State of Calif-
ornia may become sole s~rety upon sdch bond. Such bond shall be con-
ditioned 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, and shall not and will not permit any dist~rbance
of the public peace, order or decorum, by any noisy, riotous, or'disor-
derly conduct on the premises; and shall not and will not sell, give
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away or furnish any bevel'age or drink of any kind or nature in violation
of the provisions of the Eighteenth Amendment to the Constitution of
the United States, or of the National Prohibition Act, or of an Act of
the Legislature of the State of California entitled nan act to enforce
the provisions of article eighteen of the amendments to the constitu-
tion of the United States; prohibiting all acts or omissions prohibited
by the Volstead act; imposing duties on courts, prosecuting attorneys,
sheriffs and other officers, and exte~ding their ju¥'isdiction; and pro-
riding for tl:.e disposition of fines and forfeitures", approved ~'[ay 7th,
l~21; 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 en-
acted, regulating places of business where beverages and drinks are sold,
given a~ay or f~rnished.
Section 2. A new section is hereby added to sai'd Ordinance No. 10S
of the City of South San Francisco, which new section shall be numbered
lla and shall read as follows:
· SectiOn lla. In any place of b~siness operated under this ordinance
there shall be no side rooms or back rooms connected therewith which are
not requisite and essential in the condmct of the business of selling
beverages or drinks, or other la~fml business. At all times during the
period of each day when such places of business are permitted by this
ordinance to be kept open, the doors of the buildinf~ in which such busi-
ness shall be conducted, and which open mpon any ~_omblic street or high-
way, shall ~oe kept unlocked.
At all times during the continuance or operation of any such place
of business, the walls thereof adjacent to or fronting upon any public
street shall contain transparent glass windows. Such transparent glass
shall extend from the sid~ walls of the room in ~hich such plzce of bus-
iness is conducted to the door and shall co~ence at a height not more
than Three and 0ne-half (3 1/2) feet fz'om the official grade of the
sidewalk in front of s~ch room, measured from s~ch grade on the median
line of the front wall, and shall extend ~pward at least Four (4) feet.
Of the total area of the door or doors forming the entrance to any
such room, One-third (l/J) thereof shall be transparent glass commenc-
ing at the height herein prescribed for windows. At no time during the
continuance of the operation or conduct of any s~ch place of business,
shall vision through any portion of any s~ch windows or glass in any
s~ch door be obstructed or obscured by any shade, screen, paper, poster,
decoration,paint or other coloring material, or by any display of mer-
chandise, or by any other thing whatsoever.
Section ~. Section 1£ of said ordinance No. 108 is hereby amended
so that said section 12 shall, as amended, read as follows:
Section 1£. Any person, persons, firm, or corporation to whom a
permit has been granted and a license issued under the terms of this
ordinance, who does not conduct the business for which such permit and
license have been granted and issued, in a q~iet, orderly and reputable
manner, or who allows or permits any disturbance of the p~blic peace,
order or~decor~un by any noisy, riotous or disorderly conduct on the pre-
mises, or who sells, gives away or furnishes any beverage or drink of any
kind or nature whatsoever or permits the same to be done at such place
of business between the hour of eleven-thiry o'clock p.m. and the ho~ur
of six o'clock a.m. of the following day, or who shall violate any of
the provisions of the Eighteenth Amendment to the Constitution of the
United States, or of the National Prohibition Act or of that act of the
Legislature of the State of California entitled "An act to enforce the
provisions of article eighteen of the amendments to the constitution of
the United States; prohi'biting all ~cts or omissions prohibited by the
Volstead act; imposing duties on courts, prosecuting attorneys, sheriffs
and other officers, and extending their jurisdiction; and providing for
the disposition of fines and forfeitures", approved Eay ?th, 19El, or
who shall not abide by all the laws and ordinances now in force, or
which may hereafter be enacted, regulating places of b~siness where
any s~ch beverages or .drinks are sold, given away or f~rnished, shall
forfeit all permits and licenses theretofore granted or issued to said
person, persons, firm or corporation, ~uder 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 So,th
San Francisco, p~rs~ant to the provisions of this ordinance; or s~ch
s~m, part of the whole penal s~n of s~ch bond, as may be determined
~pon by said Board of Trustees.
Section 4. Section 13 of said Ordinance No. 108 is hereby amended
so that said section l~ shall, as amended, read as follows:
Section 13. It shall be the duty of the ~larshal of the City of
South San Framcisco, and he is hereby directed to file with the Clerk
of the City of South San Francisco, a complaint against any person,
persons, firm or corporation, who he has reason to believe, is g~ilty t
ef any of the acts, or neglects, specified in Section 1£ of this or-
dinance; or any violation of any~of the provisions of this ordinance.
S~ch complaint may, however, be made by any resident or citizen of said
City of So~th San Francisco. Such complaint m~st state the facts al-
leged to constitute a breach of this ordinance, the name of the person,
persons, firm or corporation offending and the date or dates on which
they occurred. Upon s~ch complaint bein~ 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 ca~se why said permit and license should not be revoked; and
said copy of said complaint and said notice shall forthwith be served
~pon said person, persons, firm or corporation by the Earshal of said
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City, by delivering the same to said person, persons, firm or corpora-
tion at the place where said business is transacted; or if said person,
or said member of said firm, or some director of said corporation, 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 business;
or, if no such person be fomnd thereat, then by posting s~ch copy of
said complaint and notice on the front door of said place of business.
The ~,~arshal 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 Trustees, or a majority
of the members thereof, shall find that the complaint is well founded,
and the charges made therein are true, said Board shall so declare by
resolution, and shall by a resolution duly passed by a majority of said
Board revoke the permit held by said person, persons, firm or corpora-
tion, and shall revoke all licenses issued to and held by ssid person,
persons, firm or corporation mnder this ordinance, and said license
shall thenceforth be without force or effect. Said Board shall, by the
same resolution, or 'by a separate resolution, declare the 0ond required
by and given under the provisions of this ordinance, or such s~m or
amomnt, part of the whole p'enal su~n of said bond, forfeited to said
City of South San Francisco, as in the judgment of said Board shall
seem prop~er; and shall direct that suit be brought on said bond, in
the name of the City of Somth San Francisco, to recover the amount so
declared forfeited.
Section 5. This ordinance shall be published once in "The Enter-
prise", a weekly newspaper printed, published and circulated in the
City of Sputh San Francisco, and shall take effect and be in force
from and after the expiration of thirty (~O) days from and after the
date of its passage.
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Introduced this / day . , 1925.
Passed and adopted as an ordir~a~ce o£ the City or'South San
Francisco at a regular' meeting of the Board of Trustees of the City
of South San Francisco this x~"~ day of ~~~ . , 19E5,
by the following ~ote:
Absent, Trustees ~
Approved:
F~tees
of the City of Sout~S~ Francisco.
Attest:
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