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HomeMy WebLinkAbout414 - Liquor RegulationsLl 9 • • Ll 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 H -H r.. C under, and shall have, power to taining low percentages of alcohol. O ; A U temporarily suspend or perman- The State of California has passed 2.? V N Cd ently revoke a license issued here - an urgency-measure known as "An, �-11 Ig rr 0 0 under, for any of the, Act to levy an excise tax and ,4. a) A acts or`omissions: regulate the manufacture, distil- - N Cd N (a) Misrepresentation of a ma- button and sale of certain bever= CH 0 r H terial fact by the applicant in 'ob- ages; to provide for the licensing O Z U • O taining'a-license; of the manufacturerliktribut� ni fe\ Js O N rr� (b) 'If the licensee violates or and sale; to prescnb alties fori N 010, O\ N causes; or permits to be violated the violation of thie2 set and to' U N r-4 o )~ 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 N r4 P ,a . p Newport Beach. the City of Newport :Beac-p, _P9Jve f.' Id Prior to the revocafion or sus- by their vote declared that the. H pension of any license by the City territory embraced within.the City W O N W r_4 � Council, ten days written notice Of Newport Beach shall be_ license O 40 O U 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 M W4 Cd N mail, directed to the Licensee at clared said City of Newport Beach N 0 N . ho N his latest address of record. Li= as license territory under the genT, r-i N U rl tenses shall be suspended or re. eral laws of the State of Califor- U H 0 .d rd voked by the City Council of the nia. It is therefore essential to O rd N H O City of Newport Beach only upon the peace, health and safety of w N W ,0 0 0 O 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$- O may attend and show cause why fectc immediately in the manner, N N O his license should not.be revoked. hereinafter provided, in order that' 0 4. 0 N The determination of such City there shall be an immediate meth - -H Cd rd A 4 Council after such hearing shall od for the regulation, licensing, �. 4 O Co be subject to review by a court taxation and control within the ° N O ,d of competent jurisdiction. City of Newport Beach, of the r4 a .� r-4 P SECTION 6. It shall be, and it sale of beverages containing 1pw W ,a N : is hereby declared unlawful for percentages of alcohol.` 4 N any person hereunder to solicit SECTION 11. The City Clerk I O Cd H U 40 rd patronage from house to house in shall certify to the separate vote ly N 0 q the City -of Newport Beach. on the urgency Of this ordinance [s. U 4? rd SECTION 7. It shall be, and it and its passage by the vote of four ^ ,, N N b 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 O U H r+ limits of the City Of Newport newspaper of general circulation 4 b Cd H Beach, except that a manufactur- in the City of Newport Beach, and O A •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 N O H Cd 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- U H rd N sea. and except that holders. oODff tion of the urgency of tt fore- rd 4' Sale Licenses hereunder may going ordinance was passed and N N Cd M Cd Cd u! 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. E L-I J 19