Ordinance 214E. as. 8EA
BAT. JOSE, GALS.
- :ORDINANCE No.
AN ORDINANCE TO REGULATE THE BUSINESS OIL
SELLING LIQUORS IN THE, CITY OF GILROY, TO
PROVIDE FOR LICT,NSING THE SAME AND FOR THE
COLLECTION OF SAID LICEBSE PEE, AND FOR THE
REVOCATION OF LICENSES IN CERTAIN CASES, AND
PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
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THE MAYOR AND COMMON COUNCIL OF T1ZE CITY OF
GILROY DO ORDAIN, AS FOLLOWS:
Section l: It shall be unlawful for any person
or per,.,-ons to sell, dispense or give away, in the City of
Gilroy, in any saloon, bar, inn, tavern, hotel, r. est,urant,
grocery, winery, distillery, store, tippling place, or other
public place, or place of business, any distilled, fermented,
malt, vinous or other spirituous liquors or Tines, or intox-
icating licliors of any kind, either in their own names and
for their oynn pro.fit n11(1 benefit, or as agents or er.+mloyees
for any other person or persons, unless said person or
persons, thoir principals or employe::'s shall first procure
from the City of Gilroy, a license so to do.
section .: Every person, firm or corporation,
who engages in or carries on, wwithin the City of Gilroy,
the business of selling, dispensing, or giving away distilled,
fermented, malt, vinous or other spirituous liquors or wines,
or intoxicating liquors of any kind, imast first obtain a
license fro�,n the City of Gilroy, as prescribed in this
ordinance, and make therefor the payments as in this
ordinance -,reseribad.
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Section 3: Every person, firm or co,, a,?ation
the
engaged inAbusiness of sellixig, dispensing or giving away, in
less qugntities than one quart, distilled, fermented, malt,
vinous or other spirituous liquors or ,,vines, or intoxicating
liquors of any kind in the City of Gilroy, shall be designat-
ed as a "Retail liquor dealer", n1mI) shall pay a license fee
of Five hundred ( 500) dollars per half year.
Section 4: Every person, firm or cor. oration
engaged in the business of selling, dispensing or Living
away, in quantities of one quart or more, in the City of
Gilroy, distilled, fermented, malt, vinous or other
spirituous liquors or urines, or intoxicating liquors of any
kind, shall be designated as a "Wholesale liquor dealer ",
and shall pay a license fee of Five hundred ( 500) dollars
per half year.
Section 5: Every person, firm or cor -,aoration,
engaged in the business of manufacturing beer, wine or brandy,
in the City of Gilroy, a:A selling the sa_?e in quantities
not less than five (5) gallons, and in no case to be consumed
on the premises, shall be designated as a #Manufacturing
liquor dealer ", and shall pay a license fr;e of Fifty (50 )
dollars per half year.
Section 6: Every proprietor, manager or owner
of a restaurant, hotel, inn, or lunch counter, where
distilled, fermented, malt, vinous or other spirituous
ligours or wines, or intoxicating liquors of any kind are
furnished to ba drunk on the premises, with meals, and where
no bar, buffet or sideboard is maintained, shall be designat-
ed a "Retail liquor dealer ", and shall pay a license fee as
designated in Section three (3) of this ordinance.
Section 7: A separate license, under this
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_W JOSE, OAL.
ordinance,must be obtained by each brandh establishment o)V ,
separate place of business; and such license shall authorize
the party named therein as licensee to run or conduct but one
place of business; ai%.d any arson conducting a wholesale and
retail business at the same place, shall be required to pay
for his license therefor, both the sum herein fixed as a
license fee for a retail license and the sum herein fixed as
tare license fee for a wholesale license.
section 8: No license issued hereunder shall be
assignable or transferable,or shall authorize any ,person
or persons, firm or cor- ,;oration, other than the licensee
na-.ied therein, to do business, or to authorize business to
be done at any time, place or bu.ildin.g, other than the time,
place or building s-peci''ied in the said license. `Every lice
issued under tI.,.e provisions o_ this, orr.inznce shall specify,
by name, the person or persons, firm or corporation to whom
it is issued, and the place =.nd building in „hich the
business for which it is issued 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 imzst at all times be kept
posted in a conspicuous place in the Mace of business
authorized to bo con.�ucted or maintained thereby, and shall
not be a valid license for any purpose unless kept posted.
section 9: Every license issued under this ordin-
ante shall be signed by the City Clerk and countersigned
bV the Mayor, and a
license book shall
be kept by
ti-e City
Clerk,bound in book
form with ma:r Final
stubs u?on
which he
shall enter briefly the facts contained in every lice .se at
the time of issuance.
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Section 10: The half yearly license shall be
due and payable to the City Marshal of the City of Gilroy,
on July j4vol�and January 4. in advance; license terms
under this ordinance shall begin on the. j_L5RT7 day of July,
and the 11W. day of January of each yea", and for any
license issued during a half year term, the licensee shall
pay for the whole half year telm,
Section 11: No license shall be required, under
this ordinance, of any regularly licensed druggist for any
wines or spirituous liquors wn.ich he sells upon the jorescrip-
tion of any regularly licensed physician, provided all such
prescriptions be first received by said druggist and
recorded in a book w1hich must be kept by him for that purpose,
and no such prescription shall be filled more than once.
Section 12: All persons engaged in the sale of
intoxicating liquors in any fora "L- Iatsoever. under and by
virtue of this ordinance, or any of its provisions, are
hereby expressly prohibited from selling tie s^rle, or serving
the same with or without meals or food of any kind, betwoen
the hours of one o'clock A, M, and six o'clock A. M. of
any day.
Section 13: Whenever any person,or persons,
desire to open or maintain any of the above enumerated
places or businesses, he shall file with the City Clerk a
petition in writing requesting the Mayor and Common Council
to grant him a license for such purpose, Said petition
shall specify t1in block and place where the business is
proposed to ` R opened or maintained, and. shall set i'orth
that the applicant is a pEr son of good moral character and
is a sober and industrious person, and a suitable person to
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SA N d . .A .
conduct such place of business; and .said petition shall be
signed by at least five (5) property o� ners, owning real
property on the street in the block fronting on the side
or facing on the block in which the proposod business is to
be conducted, or by a majority of the property owners thereof.
Said petition 4iall be considered by the Cormion Council at
the next regular meeting, or adjourned meeting, or at a
special meeting hold for that purpose. If after investigating,
the af)- plicant be found duly qualified, as aforesaid, and a
suitable person to conduct said place of business, the
Common Council, by a Mote taken by ballot, shall order a
license to be issued to said ap-licant upon his or their
filing t,:ith the City Clark a bond payable to the City of
Gilroy in the penal sum of Five hundred ( 500) doliass with
two (2) or more, good and suf'ficialnt saireties approved by
the Mayor, who shall each cuzlify in double the amount of
the penal 3talil of the 'bond over and above all just debts
and statutory exertions; said bond to be conditioned that
the principal therein named, while carrying on said business
at said place, will not permit, on said. premises, any breac4
of the peace, or disorderly conduct; nor permit,--any games
prohibited by law; nor sell nor give away any vine, beer or
=,
intoxicating liquor to�any person already intoxicated, or under
the age of majority; nor permit any manor to visit or
frequent such place,; and that he Fill obey and abide by
all the provisions and terms of this ardinance, and all
rules and provisions which may thereafter be ordained
or enacted regarding such Place or business, and that
he will pay re ularly, so long as his permit is not revoked
or u=rendered, the tax required by said license. No license
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N_ M. R VA'
.AN 108., CAL.
shall be issued under this ordinance without the order of
the Common Council, as h ^r ^in _:rescribed.
Section 14: I"ihen any person, firm or core >oi ation
has once obtained his or their license, after eomp7tance with
the terms of this o-rdinance,he shall be entitled,at the beginn-
ing of each half yearly license term, to have a license issued
to him to do business at the place mentioned in his endorsed
petition, uDon the payment of the license fee and Grit_ -:out any
further petition, or giving any tListher bond, unless his
license has been revoked ..yy the Mayor Band C -=on Council,as
hereinafter provided; provided that the Connon Council may at
any time demand new sureties upon any bond given under this
ordinance.
Section 15: The Mayor and Comw!on Council do herel#
ex iressly reserve the right to reyoke,for good cause, any and
all licenses issued under this ordinance, of ter the licensee has
been grunted the o.,_, ortunity to be beard in his own behalf.
Section 16: Upon the refusal of the Con-non
Council to grant -and i,sue to any person a license under
t--.,is ordinance, such verson shall not again ap,ply for, or
be granted a license within six months from the date of
such refusal.
Section 17: All license fees required by this
ordinance are due and i,ayable in ad:rance,as herein set forth,
and if a license is not procured and paid for before ten
(14) days after the s<::ne shall beco� e due and payable, the
same shall become delinquent and twenty -five (25) per cent.
shall be added thereto as a penalty, and shall be collected
by the City Marshal before a license shall be issued.
In case such license is not Dm ocured and paid for before
two (2) da ys after the sa,.ze beco es diliquent,then
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the City Treasurer shall institute proceedings to collect
the same, as hereinafter >rovided. All persons, firms or
cor=porations nest -1-,,ay the license tax,or fee or money,required
by this ordinance, to the City Marshal, and take out a license
without any tender of license, or o-f the license
tax or fee or money.
Section 18i The amount of any license, or fee,
or money, required by this ordinance, shall be deemed; a
debt due to the City of Gilroy, and all per Fors, firs or
corporations, and their agents or er,xployces, or any or all
of them shall, for each and ev =:ry violation of this
ordinance, be liable to an action in the nsme of the City
of Gilroy, for the amount of the license. fee or ,,zoney; and
the City Marshal must direct suit to be wrought by the City
Attorney and in the name of tin City of Gilroy, for the
recovery of the amount of the license fee or money against
any person, firm or corporation required to take out a
license, who f:,.ils, neglects or refuses to take out such
license, or:_ their agents *r . employees, or against any
person, firm or cor oration, their agents or employees Who
engage in and carry on any business on which a license-is
required by this ordinance without first procuring and taking
out the license required therefo.r.In Such action or actions
the City Marshal shall make the necessary affidavits for
a grit of attachment, and in case of recovery by the plain-
tiff, Ones hu ldred" ( 100) dollars damages must be added to
the judgment and costs to be collected from the defendant or
defendants.
Section 19: Every person, firm or corporation,
or their agents or employees, }loo engage in or carry on any
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business for which a license is required-under this
ordinance, without such licensewshall be liable to an action,
by and in the n:lme of the City of Gilroy, to recover - from
them, or any of them, as damages, the amount of the license
fee or money, for each and every violation of the ordinance
in enE- aging in or carrying an the same v ithout a 11 eense.
The provisions of Section relative
to actions in the name of the City of Gilroy, shall be
applicable therettti, including the provision , that in
case of recovery by plaintiff, One hundred (100) dollars
must be added to the jud.gg1aent and costs to be collected
from the defendant oV defendants.
Section 20: nothing herein contained shall bar
or prevent a criminal prosecution for each and every viola-
tion of this ordinance. No jud.g.mnnt in a civil action,
or payment oi' the same, or pay,nent of the license, shall
bar or -,prevent a criminal action for each and every viola-
tion of this ordinance.
Section 21; No judgment of conviction in a
criminal action, and no payment of a fine, and no imprison-
ment upon judgment of conviction Mall in any way bar,
affect or prevent a civil action as hereinbefore provided.
Section 2210 Upon the trial of any action,
civil or criminal, authorized by this ordinance, the
defendant is conclusively pre,=ned not to have procured the
proper license, unless he produces it or proves that he
has procured it.
Section
23:
Any person who shall
violate any
of the ,provisions
of
this ordinance, shall be
deemed guilty
of a misdemeanor, and upon conviction thereof Ohall be
punished by a fine not exceeding One hundred ( 100) dollars,
P
or shall be imprisoned in the city prison for a term not
exceeding thirty (30) r) ays, or by both such fine; and imprison-
ment.
Section 24: All ordinances and parts of ordinan-
ces in conflict with any of the provisions of this ordinance
are here ay repealed.
Section 25: This ordinr nce s!.all tri-ke effect
and be in force on and after
Passed and adopted this lst. day of July, A. D.,
19071, by the following vote:
AYES: Councilmen
NOES: Councilmen
ABSENT: Councilmen
A
Approved this day of July
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