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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