HomeMy WebLinkAbout414 - Liquor RegulationsLl
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ORDINANCE NO. 414
The City of Newport Beach, by
sand through its City Council, do
ordain as follows:
SECTION 1. As used in this
ordinance:
(a) "Beverage" means and in-
cludes any beer, lager beer, ale,
porter, wine, similar fermented
malt or vinous liquor, and fruit
juice, or other fermented bever-
age containing not less than one -
lialf of one per cent and not more
than three and two - tenths per
cent of alcohol by weight.
.(b) "Person" means and in-
cludes every natural person, part-
nership, association, company, cor-
poration, organization or manager,
agent, servant, officer or employee
of any of them.
(c) "Sale" means and includes
any sale, exchange, barter or other
act whereby the title to a bever-
age is transferred for a conoider-
ation, from a manufacturer, "on
�sa.le" licensee or "off sale" licensee
as herein defined, to any other
person and the words "sell" or
"sold" mean and include the act
'of making any such "sale."
(d) "On sale license" means
and includes a license to sell bev-
erages at retail for consumption
.'only on the premises in respect to
which the license is issued.
(e) "Off sale license" means
and includes a license to sell bev-
erages at retail in original pack-
ages for consumption only off the
'premises in respect to which the
license is issued.
(f) "Package" means and in-
cludes any container or receptacle
used for holding or containing
beverages, which container or re-
ceptacle is corked or sealed.
(g) "Corked" and "Sealed"
shall mean and include closed with
;my stub, stopper, or cap, whether
made of cork, wood, glass, metal
or other material.
(h) "Manufacturer" means
every person who, within the State
`of California, produces, brews,
ferments or manufacturers a bev-
erage as herein defined, or who,
'in the case of a beverage produc-
ed, brewed, fermented or manu-
factured outside of the State of
'California, is the first in posses-
sion thereof within the State after
completion of the act of importa-
tion.
(1) "Board" means the City
'Council of the City of Newport
Beach.
SECTION 2. Any person desir-
ing a license for "on sale" or "'off
sale" shall make application to the
City Council of the City of New -
port Beach. Such application shall
be made upon the form herein-
after prescribed and shall be ac-
companied by a license fee of
$10.00 per annum in the case of
an "on sale" license, and $10.00
per annum in the case of an "off
sale" license. The application shall
.designate the kind of license de-
sired, whether "on sale" or "off
sale ". Before the license is issued
the Board shall satisfy themselves
of the moral character and finan-
cial responsibility of the applicant,
appropriateness of the location
where such licensed business is to
be conducted and generally as to
the applicant's fitness for the
trust to be reposed. Each applica-
tion for a license shall contain:
(a) The name and residence
of the applicant and the length of
time he has resided within the
City of Newport Beach.
(b) The particular place for
which a license is desired, desig-
nating the same by street and
number, if practicable, if not, by
such other apt description as
definitely locates it.
(c) The name of the owner bf
the premises upon which the busi-
ness license is to be carried on.
(d) A statement that the ap-
plicant is a bona fide resident of
the City of Newport Beach, a citi-
zen of the United States and a
qualified elector of the City 'of
Newport Beach, and not less than
twenty -one (21) years of age, and
that such applicant has never been
convicted of a felony.
(e) A statement that the ap-
plicant will abide by and conform
to all the laws of the United
States, the State of California and
the ordinances of the City of New=
port Beach, and will so conduct
his said business so that the same
will not violate any law and not
become a nuisance in the neigh=
borhood in which it is being con-
ducted.
(f) That the applicant intends
to superintend in person the man-
agement of the business licensed
and that if so licensed, that he will
superintend in person the manage-
ment of the business, provided that
in case the applicant be a torpor=
ation, firm or association, the
name of the person who shall be
in actual charge of such business,
and the person or persons so des-
ignated shall have all the qualifi-
cations of an individual applicant.
(g) This application must be
verified by the affidavit of pet-
itioner, made before a Notary Pub-
lic or other person duly authorized
by law to administer oaths. If any
false statement is made in any
part of said application, the ap-
plicant or applicants shall be
deemed guilty of perjury and upon
a conviction thereof, the license
shall be revoked and the applicant
subjected to the penalties provid=
ed by law for that crime.
SECTION 3. All licenses shall
be annual licenses and be good for
one (1) year from its date, unless
sooner revoked by the City Coun-
cil of the City of Newport Beach.
SECTION 4. "On sale" licenses
shall be granted 'only to bona fide
restaurants, public eating places,
clubs, boarding houses and all
hotels. On sale licenses ropy serve
beverages as herein defined to
bona fide guests and patrons only,
to be consumed only with meals
f-ianished in good faith at regular
puboe tables, or at eating count-
ers at which said guests and pat-
rons are seated, or in the case of
clubs and /or hotels, may be serv-
ed in guests' rooms.
"Off sale" licenses may sell
beverages as herein defined in
original packages for consumption
off of the premises only. It shall
constitute a misdemeanor, punish-
able in the manner herein provid-
ed, to serve or make sales of bev-
erages, in violation of the manner
herein prescribed, and such viola-
tion shall constitute grounds for
ruepension or revocation of the
permit, by the City Council upon
notice and hearing.
SECTION 41A. Every license
`.granted hereunder shall be signed
.SECTION 9. Any person vio-
by the Licensee, shall be non-
Iating any of the provisions Of r..1
transferrable, shall be posted in a
this ordinance, or selling bever -
conspicuous place in the 'premises
ages, without obtaining a permit
to which it was issued and shall be
for the sale thereof, as required
exhibited to any representative of
by this ordinance, or failing to
the City Council of the City of
pay the license fee as provided
Newport Beach, or to any peace
herein, shall be guilty of a mis-
officer, and a separate license
demeanor and shall be punished
shall be issued for each specific
by a fine not exceeding '$300.00,
business and each location, and
or by imprisonment in the City
each license is applicable only to
Jail of Newport Beach, or the
the premises in respect to which it
County Jail of Orange County, not
is issued, and the City Council
exceeding three (3) months, or by
shall determine what constitutes
both such fine and imprisonment.
a single'store, business, premises
SECTION 10. This ordinance is
or establishment, with respect to
hereby declared to be an urgency
the issuance of licenses herein.
measure necessary for the im-
That no"person hereunder shall
mediate preservation of the pub -
hold or-apply for more than one
lic peace, health and safety, and
license hereunder for each lots-
shall become operative and in full
tion.
force and effect as hereinafter
SECTION 5. The City Council
provided. The statement of the
of the City of Newport Beach may
facts constituting the necessity
- -
upon its own motion, and shall
hereof is as follows:
upon the verified complaint in
The Congress of the United
-i
writing of any person, investigate
States has authorized the manly-
the action of any licensee here.
facture and sale of beverages con -
N M O N
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under, and shall have, power to
taining low percentages of alcohol.
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temporarily suspend or perman-
The State of California has passed
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ently revoke a license issued here -
an urgency-measure known as "An,
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under, for any of the,
Act to levy an excise tax and ,4.
a) A
acts or`omissions:
regulate the manufacture, distil-
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(a) Misrepresentation of a ma-
button and sale of certain bever=
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terial fact by the applicant in 'ob-
ages; to provide for the licensing
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taining'a-license;
of the manufacturerliktribut�
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fe\
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(b) 'If the licensee violates or
and sale; to prescnb alties
fori
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causes; or permits to be violated
the violation of thie2 set and to'
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any of'the provisions of the State
provide that this act shall take 9f-
of California or of the City of
feet immediately." The citizens of
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Newport Beach.
the City of Newport :Beac-p, _P9Jve
f.' Id
Prior to the revocafion or sus-
by their vote declared that the.
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pension of any license by the City
territory embraced within.the City
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Council, ten days written notice
Of Newport Beach shall be_ license
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shall be given' to the Licensee 13y
territory, and the City CounSilYof
P OD y
personal service or by registered.
the City of Newport Beacli has de -s
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mail, directed to the Licensee at
clared said City of Newport Beach
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his latest address of record. Li=
as license territory under the genT,
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tenses shall be suspended or re.
eral laws of the State of Califor-
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voked by the City Council of the
nia. It is therefore essential to
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City of Newport Beach only upon
the peace, health and safety of
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yy.
notice as provided herein, and up-
the people of the City of Newport
H N H
on a hearing at which 'the licensee
Beach that this ordinance take e$-
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may attend and show cause why
fectc immediately in the manner,
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his license should not.be revoked.
hereinafter provided, in order that'
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The determination of such City
there shall be an immediate meth -
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Council after such hearing shall
od for the regulation, licensing,
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be subject to review by a court
taxation and control within the
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of competent jurisdiction.
City of Newport Beach, of the
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SECTION 6. It shall be, and it
sale of beverages containing 1pw
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is hereby declared unlawful for
percentages of alcohol.`
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any person hereunder to solicit
SECTION 11. The City Clerk
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patronage from house to house in
shall certify to the separate vote
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the City -of Newport Beach.
on the urgency Of this ordinance
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SECTION 7. It shall be, and it
and its passage by the vote of four
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is hereby declared unlawful for
members of the City Council -of
o.� A H O O
any person, as that ;word is de-
the City of,Newport Beach, and
N H H N
fined herein, to make deliveries of
cause the same to be published
H O C,
beverages within the corporate
once in NEWPORT NEWS, a
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limits of the City Of Newport
newspaper of general circulation
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Beach, except that a manufactur-
in the City of Newport Beach, and
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•er-of beverages as that word °is
upon such publication this ordin-
'd rd
defined by this ordinance, may.
ante shall become immSdiate.l y
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make deliveries to holders• of Off
operative and take full effect.
4 'j
Sale Licenses and On 'Sale Licen-
I hereby certify that the ques-
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sea. and except that holders. oODff
tion of the urgency of tt fore-
rd 4'
Sale Licenses hereunder may
going ordinance was passed and
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make deliveries within the car-
the foregoing ordinance was adopt.
porate limits of the City' of New-
ed by a vote of INW (4) members-----------------
..
port' Beach.
of the City C91010 of thA i
-
SECTIONS. The, holders of
_
Newport Bea is meetm ;y6
Off 'Sale Licenses hereunder are
May 10, 1933
given the right and privilege of
AYES, Councilmen: Claige, Ells -
wholesaling beverages, as that
worth, Garfield, Hilmar..
word is defined herein, within the
NOES, Councilmen,;
City of Newport Beach, without
ABSENT, Councilmen:. Gordon" m
'the -payment of an additional li-
Attest: FRANK L. 3RINEHART„gl
cease to said city, provided, how-
City Clerk. of_the ,Citya
ever, that he shall comply with the
OfNewpprt;aoaht;
laws of the United States, the
Pub. —May 11, 1933. -- - -�
State of California, and the City
,N�r
of Newport Beach.
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