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HomeMy WebLinkAboutOrd 108-1920 AN ORDINANCE R~GLULATING THE VENDING AND DISPOSING OF BEVERAGES AND DRINKS IN THE CITY OF SOUTH SAN FRANCISCO. The Board of Trumtees of the City of South Sam 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 Sam Francisco amy ~aloon, bar, store, stand, or any other place where any beverage or drink of any kind or nature and legally saleable is sold, without having the license therefor in this ordinance pro- vide~, ~d by this ordinance required. ~.~ -~!~ection E. It is hereby declared to be, and is hereby made ~a~ul for any person, persons, firm or corporation to sell withim the City of So~th San Francisco, any beverage or drink of any kind or nature and legally ~aleable without having the license therefor in this ordinance provided, and by this ordinance required. Sectiom ~. All licenses~l~ll be paid for in advance, in ,~"~;~ lawful money of the United States, to the Tax Collector of the City of South San Francisco. Section &. 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 Tax Collector of the City of South Sam Francisco, before the commencement of the business hereim required to be licensed, and which said license shall bear the date of the day on which it was actually issued, and shall be issued for the period ending with the current quarter of the fis- cal year; arid shall not be valid for any purpose after the expir- ation of such quarter-year; it being the intention t6 have Ii- censes terminate-quarterly with the close of the months of March, J~ue, September and December; provided, however, that any and all such licenses shall be issmed, accepted and held subject to the ~leasure of the Board of Trustees of the City of South San Fran- cisco, and may be revoked, by said Board of Trustees, or a maJorm ity of said Board, at any time, for such cause as to said Board, or a majority thereof, shall, upon investigatiom seem sufficient. Sectiom 5. A separate permimsiom and license, under this ordinance, must be obtained for each branch establishment, or separate place of b~siness, and such permission and license shall authorize the party n_amed in such license to run or conduct only one place of business. Sectiom 6. NO license issued under the provisions of this ordinance shall be assignable or transferrable, or authorize amy person, persons, firm or corporation, other than is thereim nam- e&, to do business, or authorize business to be done, at any other place or building than the place or building particularly specified~ therein. Every licens· issued under the provisions of this ordinance shall specify by name the persom, 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, amd also the date of its issuance, the term for which it is issued and a description of the business to be carri- ed on thereunder. Said license shall also contain as part there- of the follo~ving stipulation, to-wit: , "This license is hereby received and accepted subject to all the terms and conditions -2- of Ordinance.No./~, of %he City of South San Francisco, under which it is issued".. Said stipulation must be signed by the person, persons, firm or co~oration named in such license before any business is authorized to be done reader s~.id license. Said licence shall at all times be kept conspicuously posted up in the place of business specified therein, and shall not be valid, nor any li~[~or sold there- under, m~less so kept posted up. Section 7. The Tax Collector of the City of South San Francisco is hereby authorized, reQIxired and directed to collect all licen- ses and all stems of money herein mentioned, and provided for in this ordinance. It is hereby made the duty of the City !~arshal of said City to cause cri~inal complaints to be filed against all persons, firms or coz~orations, violating any of the provisions of this ordinance. Section 8. No license required by this ordinance shall be issued by the 'Clerk or Tax-Cci. leon;or to any person, persons, firm or corporation, or, 'if so issued, shall be valid for any purpose 'anless such person, persons, firm or corporation shall have been first ~s~nted a permit by the Board of T. rustees of said City of South San ~', ' ~z~nc~sco to obtain the license required by this ordinance, and su. ch perr~,dt m~st be in force and m~revoked at the time of the issuing of every license. No per:.~dt to obtain the license requested by any of the pro- visions of this ordinance shall be granted by the Board of Trus- tees of said City of South San Francisco, or if so granted, shall be walid for any purpose, unless the following conditions have been complied with, to-wit: Each applicant, fo~ a license shall file with the Clerk of the City of South San F-,~ancisco, at least t~n (lC) days prior to any regular meetin2 of the Board of Trustees of said City, a~ which ~azd apolicant desires to be heard, ~ ~¥ritten application to sai~. Doard of Trustees for a per~-,.~it to obtain the license herein required, which said application shall state and set forth:- First:--The name and. residence of the per- son or pez~'oo.~o~', and of each member of the zzzm, and.. of each ~r- ector of the coz~poration, makinE7 such application, and hovz long ' ' ~ .... z'e ;.-f '~ h e ~'" each of sazfi :i~ersons .~.~ been a side~r~ 'Cindy of co,th San Fran- c!soo. Second:--The place and Omilding in Yzhich ~he buusiness ~e to be condacted. Third:--That said applicant has not, nor has ~y me~e~ said ap!~licant firm, nor any director of said applicant co~of ation, ,.~zonzn two years prior to the date of _~a~..z,,gJ~'.: said app- lication, been relied a p~z'mzv by samd Board of Trmstees, nor n~s had ~y license revoked by sam0 Do~d within said time. Section 9. Any person or ?ersons, may appear at the meeting off ~d '~oa, rd of Trastees at ?zhicn any ap~jiication is to be and file ~ p~.otest against, and be heard in opposition to the .......... nt infj' of a per~v~t for a license to any applicant. Section ld. The f~oard ~-~ ~ o~ ~'rustees shall consider said applica-. rich, and any pro~es~ rrb.ich may have been file~, and if said shall find t!~t sc?d ap~:~li .... ~ _ _ ca .... is a fit ~d-oroper person to carry ....... ~ and that the carryin.2 on of ss. id b-- ' on said 'b,.,s~o~, ~s~ue,~, at the place where the same is tc be carried on, ?~iil net be :prejudicial to the public good, peace, or morals, said f~oard may, by resolution, .-.~,t the required per::zit; provided, however, that no permit shall be ~rs~ted_ to any person, persons, firm cz' corporation vzluo i~ew. ously had a 'oerr~-it ~.nder this ordinance, ~,~d ~?b. ich Der..:?.it z~..:...~, ,,~ithin two ~, .... prio~7 thereto becel reFokea, z'zcr to any firm o~: corporation, member or ~!irector of which had a permit, ami which permit had, n~r!~l: s been re within two years .... " " .~.moz to said ..... E of aid application, yoked. Section 11 A.permit ~der this ordinance onall be ~:::ood only for ~,~ue person, ?irm, or ccrporation na:-~ed therein, ~l,~ for one petticoat place ~Id basiness specified in each permit; and smch permit shall 'be granted semi-annmally, ~y permita-~ ~''~ .... ted between the first day of January and the thirtieth day of J~ne of any year shall expire on the thirtieth day of J~ne next following the date of its grant; any permit granted between the first day of J~ly said the thirty-first day of Dece~.~ber of any year shall expire on the thirty- first day of December ne~.~t following the date of its grant; it being the intention that all permits granted under the terms of this ordinance shall teri'~.inate s emi-~nu~lly ?~ith the close of the months of Juue and December. Any holder of such a permit, in seeking a permit for the ensuing half-year, m~st file an application therefor, as hereinbefore provided, at least ten (10) days before the date at which the same is to be heard and considered by the Soard of TrusteeS. Anyone objectin~ to the ~anting of such permit may appear at the hearing of said appli- cation ~nd protest as hereinbefore provided. Section 1£. ~ny person, persons, firm, or corporation to whom a permit has been granted and a licence issued under the terms of this ordinance, who does not conduct the business for ~hich such per~uit and license have been granted and issued, in a quiet, orderly and reputable manner, or ~'zho allo?.~s or permits any disturbance of the public peace, order or decorum by any noisy, riot- ous or disorderly conduct on the premises; or who sells, _-2~ives away or fmrnishes any beverage or drink of any kind or nature ~hatsoever or permits the sa~::e to be done at s.~.ch place of basiness bet~een the hour of eleven-thirty o'clock p.m., and the ho~.r of six o'clock a.m. of ~ n~ ~ne follo?~i ~. day, or u~ho shall not abide '0y all the laws and ord- re~ulatmno inances n~v in force, or ?,~hich ~:~ay hereafter be enacted, ~ ' ~ places of business ~nere any such beverages or drin?.s are sold, ~mven a~ay or fu~,nished, s?~.all forfeit ,'~ll permits and licenses theretofore g~z~anted or issued to said ~.~,erson, persons, fi~ or corporation, u~ider the provisions of this ordinance. Section 15. It shall be the duty of the ]m~[arshal of the City of So,xth San Francisco, and he is hereby directed to file ~zith the Clerk , of the City of South San Francisco, a con, plaint against any person, -5- persons, firm or corporation, who he has reason to believe, is guilty of any of the acts, or neglects, specified in Section 1E of this ordinance; or any violation of any of the provisions 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 alleged 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 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 ~reg~lar 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 forth- with be served upon said person, persons, fi~ or cor~poration by the ~arehal of said City, by delivering the same to said person, persons, ' firm, or corporation at ~he place where said o~siness is transacted; or if said person, or said member 'of said firm, or some director of said corporation, be not £om~d at the place where said business is transacted, then by leavin~ the sa~.~ ~ith some person in ~arge of said place off basiness; or, if no such person be fo~d thereat, then by post- ing s~ch copy of said compl~nt and notice on the front door of said place of huziness. The ~,~shal shall report to the Board of Trustees the date when, and the method by which said papers were served. The Bo~d of Trustees shall,, if possible, ~vestigate said complaint, at the next reg~l~ meeting of said Board after the service of ~aid co~l- ~int ~d notice, and not ~ter than the second re~lar meeting of said Bomrd s~bsequent to the service of the same. If said Bo~d of Trustees, or a ~jority of the members thereof, ~hall find that the complaint i~ well founded, and the charges .made therein are tr~e, said Boar~ shall so declare by resolUtioh, and shall by a resolution duly~ passed by a majority cf said Board revoke the ~ermit held by said person, persons, fir~u or corporation, surd shall revoke all licenses issued to and held by said 'pel~son, persons, fir~l, or corporation m~der this ordinance, and said license shall thenceforth be without force or effect. Section 14. The rate of license fee m~der this ordinance shall be and is as follows: a. Each holder of a permit for a license u~der this ordinance shall pay, in advance, for such license the su~.~ of Six Dollars (~6.00) per quarter year of three months. Section 15. No ~ per~:~z~ or license sl'~all be issued to any per- son, persons, firm, or corporation, ~hich '..'~'ill authorize any per- son, persons, fir~u, cz~ corporation, doin~ business under the ter~us of this ordinance, to l:eep open such place of bmsiness, or any rooms used in connection there~:~ith, or as part thereof, or to sell, ~zive a~ay, or to f~zrnish, any beverage or drink of any kind or nature " ~ ~.:zna~soever between the hour of eleven-thirty o'clock p.m. of any night, and the hotur of six o'clock a.~. of the next day; or to allow or permafit any person or persons to be or re~uain in or about said place of b~.zsines.,s, or in any rocm msed in connection there~'~ith, or as part ::hereo, bet~,~een said hours; and each and every person, firm or corpor- ation, to ,~-~'hom a per~uit and license are issued under this ordinance, by the acceptance of such perm~_t su~d license, ajrees that he ~ill close his place of b~.siness at said hour of eleven-thirty o'clock p.~.. of each and every ni[ht, and all rooms used in connection there~ith, or as part thereof; that he ~:,~ill l~eep sail[ j~lace of 'business, and all rooms used in connection there~'~ith, or part thereof, closed from said hour of ~- ~n~ ho~r of six o'clock a.m. of the eleven-thirty o'clock, p.m. mn~il ~-~ ~ follo~'~in~ day; that he ~ill not sell, nor ~oer¥~it to be sold, sa~y such beverage or drink in, on or about said place of b~sines~, between said hours; that he shall not and will not permit or allow any person, or persons, to be or remain in or about said place of bt~siness, 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 bu. siness hez ~n specifie~, ~nC any ~az!~re to ~eep the and premises at the ho~r '~e' ~ ~ ' ~ same closed as herein required, and as agreed by said license holder; ~d ~ f~l~e te kee~ said place of bmsines~ free ~d cle~ of ~d all persons between said hours, s~ll be deemed s~ficient for the revocation by said Bo~d of Trustees of ~y znd all licenses issued under the ~rovisions of t~s or~nmnce. Section 18. Every person, firm or corporation who sha~, in the City of South San ~cisco, keep o~ assist i~ keeping, ~y s~oon, store, stud, or other place ~ere uny beverzges or drimks of any kind or ~ture w~tsoever ~e sold, given away or furnished, with- out ha~ng first procured the petit ~d license required therefor by this ordinance; or who sh~ll zell, give away or f~rnish ~thin the City of So~th S~ Francisco, ~y s~ch ~everage~ or drinks ~thout ~ving first proceed such p erSt ~d license; or who shall ~0ta~e any of the pro- visions of this ordinance, shmll be g~ilty of a misdemeanor; ~d ~pon conviction thereof, shall be p~ished by a fine of not less than One H~dred (100) Dollars, and not more th~ T~'ee H~dred (JO~) Dollars; by imprisonment not excee~ng t~ee (J) months, or by both such fine and imp~ s crime nt. Section 17. This or&in,ce shall be p~blished once in "The Enterprise" a weekly new~aper printed, published ~d circ~l~te~ in the City of So~th San Fr~cisco, ~d sh~l t~ke effect and be in force from and ~fter ~e e~iration of t~rty (JO) days from Introduced this day of , 1920. -8- Passed and adopted as an ordimsmee of the City of South Sam Francisco at a regula~ meeting of the Board of Truzteem of the City of South Sam Francisco this ~~ day of Noes, Traste~s Absent, Trustees President of the board of Trustees of the City of South San ~ranc is O0.