HomeMy WebLinkAboutOrd 0267follows:
ORDINANCE. No.7_� 7
AN ORDINANCE REGULATING THE VENDING AND DISPOSING
OF BEVERAGES AND DRINKS IN THE CITY OF BURLINGAME,
REGULATING THE SALE, SERVICE AND DISPENSING OF
SAME' WHEN NOT LESS THAN ONE-HALF OF ONE PER CENT
AND NOT MORE THAN THREE AND TWO-TENTHS PER CENT OF
ALCOHOL BY WEIGHT, PROVIDING FOR LICENSE TO DEALERS
AND FOR THE GRANTING AND REVOKING OF PERMITS, AND
PRESCRIBING PENALTIES FOR A VIOLATION OF THIS EMER-
GENCY ORDINANCE, AND REPEALING SUCH OTHER ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE.
-o-o-o-o-o-o-
The City Council of the City of Burlingame do ordain as
Section 1. The word "beverage" as herein defined means
and includes beer, lager beer, ale, porter, wine, similar fermented
malt or vinous liquor and fruit juices or other fermented beverages
containing not less than one-half of one per cent, and not more than
three and two-tenths per cent of alcohol by weight.
Section 2. The City Council shall regulate the retail
sale, dispensing and serving of beverages when not less than one
half of one per cent and not more than three and two tenths per cent
of alcohol by weight, and this ordinance shall govern and control
only the retail handling of such beverages, except as herein other-
wise provided,
Section 3. It shall be unlawful for any person, firm or
corporation, either as principal, agent, servant or employee, to
set up, conduct or maintain any premises or fixed place of business,
wherein the beverages provided for herein are sold, furnished,
served or dispensed, without first obtaining a permit from the
City Council of the City of Burlingame and a license from the Tax
Collector of said City.
Section 4. Every beverage dealer engaged in the business
of selling beverages to be consumed upon the premises shall pay a
license of Fifty and 00/100 Dollars ($50.00) annually for each
separate place of business, payable in advance.
-1-
Every beverage dealer engaged in the business of selling
beverages not to be consumed upon the premises shall pay a license
of Ten and 00/100 Dollars (410.00) annually, for each separate
place of business, payable in advance. This license shall apply
to what is known as off sale of beverages that is, at retail, to be
consumed off the premises, in original packages or receptacles.
A jobber or distrib3utor of same is herein construed as a
retailer insofar as the license tax and regulations and requirements
of this ordinance relating to df sales are concerned.
Section 5. Applications for permits shall be made to and
filed with the City Clerk for presentation and determination by
the City Council of the City of Burlingame, and shall embody the
following information: name; address; where to be sold; owners of
the business, if partnership --name of partners; if corporation --
name of directors; if citizen, or if application for citizenship
has been made; length of residence in City; nature of business to
be conducted and if in conjunction with any other line of business;
specifying what other line or lines; names and addresses of at
least two (2) citizens of the,City of Burlingame as reference.
Section 6. Upon receipt of application, the City Council
of the City of Burlingame shall cause an investigation to be made
and if it be found that the applicant is of good moral character,
that his place of business is located in conformity with the zoning
laws of the City of Burlingame, and that the laws, ordinances and
regulations, relative to fire, health and public safety will be
complied with, and that said proposed business will not be a
detriment to the peace and welfare of the adjoining and surrounding
propertyi or the occupants thereof, said City Council may grant
said applicant a permit to conduct said business at the location
mentioned in the application, provided, however, that no nermit
shall be transferrable or assignable without consent in writing of
the City Council of the City of Burlingame.
Section 7. Licenses shall be obtained from the Tax Collec-
-2-
for and shall be issued by him only upon the presentation to him of
a permit from the City Council of the City of Burlingame, and shall
renew said licenses unless the City Council shall file written
objection with the Tax Collector to such renewal or continuance.
All licenses shall be conspicuously posted on the premises.
Section 8. No permit shall be issued to any person who is
not a citizen of the United States of America, or who has not filed
his intention to become a citizen of the United States, and who has
not been a resident of this City for at least one (1) year prior
to the filing of an application hereunder; provided that any firm
or corporation that is licensed to do business in the State of
California and has actually been engaged in business in California
for at least one (1) year shall be deemed to have complied with
the provisions of this ordinance.
Section 9. Permits may be revoked only upon written
charges verified by the complainnt and filed with the City Council
that any holder of a permit as a beverage dealer has conducted his
business in a disorderly or improper manner, or in violation of
this or any other ordinance of the City of Burlingame, statute of
the State of California or statute of the United States of America.
A copy of such charges shall be served upon said beverage dealer
at least five (5) days prior to the date set for the hearing of such
charges, and upon the hearing said dealer shall be entitled to be
represented by counsel, and to a fair and impartial trial upon the
matters embraced in such charges, and if the charges shall be found
to be untrue the complaint shall be dismissed. If the charges shall
be found to be true, the then existing permit may be revoked, or
suspended for a period of time to be designated by said City
Council of the City of Burlingame. Upon the revocation or suspension
of said permit the license issued thereunder shall likewise become
revoked or suspended.
Section 10. Licenses for the business of selling beverages
-3-
to be consumed upon the premises known as "On sale" licenses
shall be granted only to bona fide restaurants, public eating
places, lunch rooms, buffet, grill room, lunch counters, dining
rooms of hotels, dining rooms of boarding houses, and coffee shops,
incorporated clubs and/or hotels, and drive in eating places,
except as otherwise in this ordinance provided. "On sale" licenses
may serve beverages as herein defined, to bona fide guests and patrons
only, to be consumed only with meals furnished in good faith at
regular public tables, or at eating counters at which said guests
and patrons are seated, or in the case of clubs and/or hotels, may
be served in guests' rooms. "Off sale" licenses may sell beverages
as herein defined, in original packages or receptacles for consump-
tion off the premises only.
It shall be the duty of the City Council to have frequent
inspections made of premises where beverages are sold for consumption
and if it is found that any such licensee is violating any of the
provisions of this ordinance or of the regulations of the City
Council promulgated hereunder or is failing to observe in good
faith the purposes of the ordinance, such license may be revoked
after the licensee is given an opportunity to be heard in his defense.
Section 11. In no event shall a permit be granted by
said City Council to any, person, firm or corporation for the sale,
service or dispensing of beverages in any establishment or any place
of business operated solely as a public saloon, public bar or
barroom where said beverages are directly dispensed over a bat to
be then and there consumed.
Section 12. In any place of business operated under this
ordinance there shall be no side rooms or back rooms therewith which
are not requisite and essential in the conduct of the business of
selling beverages or drinks or other lawful beverages. At all times
-4-
during the period of each day when such places of business are
permitted by this ordinance to be kept open the doors of the business
where each such business shall be conducted and which open upon any
public street or a highway shall be kept unlocked.
Section 13. The occupying, setting up, conducting or
maintaining of any such premises or fixed place of business with
the intent to sell, serve or dispense any such beverages in viola-
tion of the terms of this ordinance is hereby declared to be a
public nuisance.
Section 14. This ordinance shall not apply to the
serving, furnishing or dispensing of any such beverages by any person
at his home or elsewhere as an act of hospitality, so long as the
same is not done in evasion, or attempted evasion, of the provisions
of this ordinance, not shall it apply to regularly licensed physicians,
surgeons, apothecaries or chemists who use or dispense any such
beverages for medicinal purposes when prescribed by a duly licensed
medical practitioner.
Section 15. It shall be unlawful for any beverage dealer
under any circumstances knowingly to sell such beverages to minors
under the age of nineteen (19) years except in company with parents
or guardian.
Section 16. In the granting or denying of any permit,
or the revoking or the refusing to revoke any permit, the City,
Council may take into consideration the effect of the proposed
business or calling, upon surrounding property and upon its residents
and inhabitants; and in granting or revoking said permit, or revoking
or refusing to revoke a permit, may exercise its sound discretion
as to whether said permit should be granted, transferred, denied
or revoked.
Section 17. No permit shall be granted for the sale,
service, or d.spensing of said beverages, to be consumed upon the
premises, in close proximity to a public school, playground or church.
-5-
The determination of close proximity in each case shall be determined
by the City Council of the City of Burlingame.
Section 18. This ordinance shall be construed as a
separate and distinct license ordinance and not a part of Ordinance
No. 178 of the City of Burlingame, but where a license is charged
or paid covering a soft drink privilege when consumed on the premises
under said Ordinance No. 178, the maximum beverage license charge
on "On sales" under this ordinance shall prevail over the said soft
drink license or charge under said Ordinance No. 178, and include
the later. This ordinance is passed not only as a revenue matter,
but for the purpose of police regulation.
Section 19. Any person, firm or corporation who shall
violate any of the pro -Visions of this ordinance shall be guilty of
a misdemeanor and upon conviction thereof shall be punished by a
fine of not less than Twenty-five and 00/100 Dollars ($25.00) nor
more than Five Hundred and 00/100 Dollars ($500.00), or by imprison-
ment in the city jail for not less than five (5) days and not more
than six (6) months, or by both such fine and imprisonment.
Section 20. If any section, subsection, sentence, clause
or phrase of this ordinance'is for any reason held to be unconsti-
tutional or unlawful such decision shall not affect the validity of
the remaining portions of this ordinance. The City Council hereby
declares that it would have passed this ordinance and each section,
subsection, sentence, clause and phrase thereof irrespective of the
fact that any one or more other sections, subsections, sentences,
clauses or phrases may be declared to be unconstitutional or unlawful.
Section 21. This ordinance is hereby declared to be an
emergency measure and shall become effective immediately upon its
passage and the City Council does hereby declare by a vote by which
this ordinance is passed that an actual emergency does exist which
necessitates the immediate passage of this ordinance which said
emergency is as follows, to -wit: that the immediate enactment of
this ordinance is necessary for the preservation of the public peace,
property, health and safety of the inhabitants of the City of
-6-
Burlingame and for the uninterrupted operation of the government
thereof.
INTRODUCED this day of 1933, and duly
and regularly passed the lf-` day of 1933, by the
following vote:
AYES, Councilmen
NOES, Councilmen:
ABSENT, Councilmen:
MMU
Mayor.
Pilin 'rhe ofiiao of thr Oi hrk of the n
J. _t. UU:C1'M—' City Ultr)f