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Ordinance 251ORDINANCE NO, AN ORDINANCE A1.6EN'DING SECTIONS 340 AND 341 OF T111B MUNICIPAL CODE OF THE CITY OF GILR OY, PROVIDING FOR LICENSING THE BUSINESS OF SELLING INTOXICATING LIQUORS IN THE CI YY OF GILROY AND ALSO PROVIDING FOR RXGULATING THE BUSINESS OF SELLING INTOXICATING} LIQUORS IN SAID CITY. The Mayor and tuit ion �;,yjncil of tjla City of Gilroy do ordain as follows:— Section 1. That Section 340 of the MI- Micipal Code of the City of Gilroy be amended to read as follows:— Section 340. Every person, firm or corporation who engages in or carries on, within the City of Gilroy, the business of selling, dispensing, or giving away distilled, fermented, malt, vinous or other apirituous liquors or wines, or intoxicating liquors of arty kind, must first obtain a license from the City of Gilroy, as prescribed in this section, and make therefor the payments as in this section prescribed, as follows, to-- wit: -- (a.) Every person, firm, or corporation engaged in the busi- ness of selling, dispensing or giving away distilled, fermented, malt, vinous or other spirituous liquors, or wines, or intoxi- cating liquors of any kind in the City of Gilroy, in either wholesale or retail quantities, or in any manner whatsoever, except as hereinafter ?provided in paragraph (b) shall be desig- nated as a "Retail liquor Dealer", and shall pay a license fee of Six hundred ($600.) Dollars per year (b) Every person, firm or corporation engaged in the busi- ness of manufacturing beer, wine or brandy, in the City of IQilroy, and selling the same in quantities not less than five (5) gallons, ar , �A no case to be eonswred on the premises, shall be designated 2-1-1 r i as a "manufacturing liquor dealer ", and shall pay a license fee of one hundred (4100.) per year. (a) Every proprietor, manager or owner of a restaurant, hotel, inn, or lunch eoitnter, there distilled, fermented, malt, vinous or other spirituous liquors or 11!ine.s, or intoxicating liquors of any kind are furnished to be drunk on the premises, with meals, and where no bar, buffet or sideboard ilk, maintained, shall be designa red as a tl retail liquor dealer ", and shall pay a license fee as designated in paragraph (a) of this section, (d) A separate license under this section must be obtained by each branch extablishment or separate place of business, and such license shall authorize the party named therein as licensee, to run or conduct but one place of business. (e) The yearly license herein provided for shall be due and payable to the City Marshal of the City of Gilroy, on January 10th of each year, in advance; the license term shall begin on the 10th day of January, and end on the 9th day of January of the suecedd.ing year, and for any license issued during said term, the licensee shall pay for the whole year term. (f) No license issued hereunder shall be assignable or transferable, or shall authorize arly person or persons, firm or corporation, other than the licensee named therein, to do business, or to authorize business to be done at any time, place or building, other_ than the time, place or building soeeified in the said license, unless the consent of the Mayor and Common Council for said assignment and transfer of license, or change of place of business, be first obtained. Every license issued under the provisions of this section shall speoify, by name, the person or persons, firm or corporation to ,.ehom it is issued, and the Place and building in which the business for which it is issued F 9 is to be carried on, and also the date of its issuance, the term for which it is issued, and a description of the business to be carried on thereunder. The said license must at all times be kept posted in a conspicuous place in the place of business authorized to be conducted or maintained thereby, and shall not be a validlieense for any purpose unless kept posted. (g) Every license *ssued under this section shall be signed by the City Clerk and oountersigned by the Mayor, and a license book shall be kept 17l the City Clerk, hound in book form with marginal stubs, upon which he shall enter briefly the facts con- tained in every license at the time of issuance. (h) No license shall be required, under this section, of any regularly licensed druggist for any wines or spirituous liquors which he (sells upon the prescription of any regularly licensed physician, provided all such prescriptions be first received by said druggist and recorded in a book which roust be kept by him for that purpose, and no such prescription shall bb filled more than once. Section 2. That Section 341 of the Municipal Code of the City of Gilroy be amended to read as follows: -- Section 841. All persons engaged in the sale of intoxi -- eating liquors in any form whatsoever under and by virtue of Section 340 of the Municipal Code of the City of Gilroy, or under the provisions of any Ordinance of the City of Gilroy are hereby expressly prohibited from selling the same, or serving the same with or without meals or food of any kind, or permitting the same to be on table where meals or food of any kind is served, whether said. liquor be sold, by the proprietor of such place where r meals or food of any kind is served or not, between the hours of one o'clock A.M. and six o'clock A.M. of any day; from sellire or giving away any intoxicating liquor in any form whatsoever to any person already intoximated, or under tha age of majority; from permitting any minor to visit or frequent the place where intoxicating liquor is sold; from permitting any breach of the Peace, disorderly conduct, playing, of musical inatruments, or any games prohibited by law; from selling or giving away intoxi -- eating liquor in any form whatsoever to any female person, nor to permit any female person to visit or frequent such place of business, unless said female is the licensee. Provided, how- ever, that ri- ataurants, hotels, inns, or lunch counters having a retail liquor license, may sell, give away or serve intoxieatirt liquors to female persons who have reached the age of majority, the same to be served in the public dining room of said. places, but nothing herein contained shall permit intoxicating liquors in any from whatsoever to be served to any person or persons in any side room, back room, upper —roam or other apartment in the same or any building connected with said last nemed places, and no private rooms or boxes shall be maintained to be used by patrons in any restaurant or saloon having a retail liquor licenses Section 3. Any person violating or wilfully non— comply- ing with any of the provi pions of this or of any ordinance of this Cite, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be rninished by a fine not exceeding One hundred Dollars, or by imprisonment in the City Prison not exceeding thirty days, or by both such fine and imprisonment. Section 4, All ordinances or parts of ordinances in confliet with any of the provisions of this ordinance are hereby revealed, 0 w Section 5. This ordinance shall take effect and be in force on and after its passage and approval. Passed and adopted on the (9� day of January A.D. 19139 by the following vote. Ayes, Councilmen ��, SLI�O' ,"P. Noes, Councilmen 9lw , Absent, Councilmen Approved th:d ! day of J: MIRTy A.D. 1913. Mayor.