Ordinance 397
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ORDINANCE NO. 397
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AN ORDINANOE OF THE CIll'Y COUNCIL OF 'liRE OI'l'Y OF GILROY
i\DOPTED PURSUANT TO 'tHE PHOVISIONS OF OH..i\.PTER 178 OF
THE STATUTES OF 1933 OF rrH"ft~ S'rATE OF' OALIFORNIA AND
CLASSIFYING '1'HE VARIOUS TYPES OF LICENSES AND PRESORI-
BING irHE AMOUNT A.ND MANNER OF COLLECTION OF LICENSE
FEES AND TAXES FOR THE SALE AND DISTRIBUTION OF' BEVE-
RAGES AND REPEALING ORDINANCES NOS. 392 AND 393 OF SAID
Crry AND IMPOSING PENALTIES FOR THE VIO:LJ.\,TION OF SAID
ORDINANCE.
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BE IT ORDAINED BY THE COUNCIL OF GILROY:
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SEOTION 1. This ordinance is adopted pursuant to the
provisions of Ohapter 178 of the Statutes of 1933 of the State
of Oalifornia, entitled "An Act to levey an excise tax and to
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regulate the manufacture, distribution and sale of certain
'beverage s; to pr'ovide" for the licensing of the manufacture,
distribution and sale; to prescribe penalties for the violation
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of this Act and to provide that this Act shall take effect
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immediately."
The definitions of the words, terms and phrases which are
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set forth in said Statute are hereby adopted by this reference
as the definitions of such of said words, terms and phrases as
a ppear herein.
SECTION 2. Every per son whos e applica tion for an II on sale"
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license is approved by the city council shall pay a license fee
of Fifty Dollars ($50.00) per year, payable semi-annually in
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advance.
Every peI'son whose application for an II off sale" license
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is approved by the City Council aha 11 pay a license fee of Ten
Dollars ($10.00) per year.
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SECTION 3. All license fees shall be paid to the officer
of the City of Gilroy who is charged with the collection of
business licenses for said city. The license term shall be
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II for the term of one year connnencing on the 1st day of July of
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each year and ending on the 30th day of June of the following
year.
The license tax of all persons commencing or beginning
to carryon any busine ss for which a license tax is required
by the provisions of this ordinance shall become due and pay-
able and constitute a debt due and owing to the city of Gilroy
on the first day on which said business shall be carried on for
the full amount of such 'annual license; provided, however,
that non sale" licenses issued at any time on or after the 1st
day of January and before the 1st day ~ July of any year shall
be issued for a proportionate amount of the annual license fee,
Which shall not in any event be less than twenty-five per cent
of the annual rate.
SECTION 4. Written applications for licenses duly sworn
to and verified by the applicant shall be filed with the City
Clerk upon forms to be provided by him, provided, however, that
any license issued hereunder may be renewed to the licensee to
whom the said license was issued, for the same location, upon
the payment of the license fee provided herein, without a new
application being filed.
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SECTION 5. No license provided for by this ordinance
shall be issued for any place of business within the City of
Gilroy unless the same shall be lQ~ated within the business
distri~t thereof, as follows:
The Business District of the City of Gilroy shall comprise
all real property fronting on Monterey Street; on Third,
Fourth, Fifth, Sixth, Seventh, Eighth, Ninth and Tenth Streets
between Monterey and Eigelberry Streets; on Westerly line of
Railroad street; on Westerly line of Alexand~r street South
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of Old Gilroy street; on Lewis street and Old Gilroy and Ninth
Streets between Monterey Street and Alexander street, on Martin
and Sixth Streets between Monterey Street and Railroad Streets;
and on Leavesley Road, Casey Street, Depot Avenue and Railroad
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SECTION 6.
No lion sale" license shall be granted to an
establishment in close proximity to a public school, playground
or church.
The determination of close proximity in each case
shall be determined by the city council upon the consideration
of each application for such license.
\fOn sale" licenses shall be granted only to
SEc'rION 7.
bona fide cafes and restaurants doing a bona fide cafe or
restaurant business, and, under no circumstances, shall be
issued to butcher shOps, markets, grocery stores, dance halls,
pool halls or theatres. liOn sale" licensees may serve beverages
to bona fide guests and patrons, 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. In the
case of drive-in eating places, such beverages may be served
with meals within the premises, which shall include in such
case, the stand from which such meals are served and the
ground immediately surrounding such stand on and from which
meals are served in the usual and ordinary course of such busi-
ness.
SECTION 8. No license provided for by this ordinance shall
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ever be issued to any person who has been convicted of a felony,
or who is not of good moral character. Before any license is
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issued under the provisions of this ordinance, the application
therefor shall be submitted to the Oommittee of Public Health
and Safety of the Oouncil and to the Oity Marshal as to the
moral character of the applicant and as to the location of the
premises upon which the business is to be conducted. It shall
thereupon be the duty of said Committee and Oity Marshal to
forthwith investigate said applicant as to his moral character
and as to whether or not he has ever been convicted of a felony,
and to also investigate the proposed location of the place of
business for which the license is requested, and to report to
the Council thereon. Said Council shall thereupon pass upon said
application and either deny or grant the same.
SECTION 10. It shall be unlawful to sell or give away
any beverages for which licenses are provided by this ordinance
to any person under the influence of intoxicating liquor.
SECTION 11. It shall be unlawful to keep or possess any
intoxicating alcoholic liquor, drugs or narcotics upon any
premises for which a license has been issued for the sale of
beverages under this ordinance, unless the same be a duly
licensed drug store.
SECTION 12. It shall be the duty of every person to whom
any license has been issued pursuant to the provisions of this
ordinance to conduct his place of business in a quiet and
orderly manner. It shall be unlawful for any person to wham
any such license has been issued, or for his agents or employees
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conducting such business, to cause, or suffer, permit or allow
any tumultuous or offensive noise or conduct or other acts or
conduct tending to distunb the peace and quiet of the neighbor-
hood, in said place of business.
SECTION 13. Upon the conviction of any person of violating
any of the provisions of this ordinance, the Council must, upon
proof of such conviction revoke any license issued under the
provisions of this ordinance for the period of six months for
the first offense, and for the period of one year for the
second offense, and for the third offense such license shall
be permanently revoked and such person shall never again be
issued any license provided by this ordinance. Upon any
revocation as herein provided the Council shall have the right
to revoke the license of such person to conduct any other busi-
ness upon the premises for which said beverage license was
issued for the same period for which said beverage license
was revoked.
SECTION 14. That every place of business in the City of
Gilroy for which any license under this ordinance has been
issued shall be kept open and accessible at all times for the
inspection of all public officers. Every license issued pursu-
ant to this ordinance shall at all times be kept in a con-
spicuous place in the place of business for which said license
was issued. It shall be unlawful for any person to, interfere
or attempt to interfere with any pollee officer of the city of
Gilroy while performing his duty of inspecting the place of
business for which any such license has been issued or any
place of business where any such beverages are sold or kept
for the purposes of sale.
SECTION 15. It shall be unlawful to engage in the business
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of peddling beverages within the city of Gilroy. For the
purpose of this ordinance, the term ttpeddlingtt shall be defined
as going from house to house, place to place, or in or along
the streets within the city of Gilroy, taking orders for, or
soliciting orders for, or selling and making either immediate
delivery or delivery at a later date, or offering for sale and
delivery at retail, any of said beverages to any person within
the said city of Gilroy.
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SECTION 16. Every license issued under this act shall set
forth the name of the person to whom it is issued. If the
license is issued under a fictitious name such license shall
set forth in addition to said name, the name or names of each
of the persons conducting the business under the fictitious
name. The license shall also specify the location by street
and number of the premises or other designation sufficient to
identify it in respect to Which the license is issued.
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Each license Shall be signed by the license",Shall be non-
transferable and ,shall be posted in a conspicuous place in the
premises in respect to which it was issued.
Each license issued hereunder is separate and distinct
and no person shall seek to exercise the privileges granted
under any license other than the license he holds. A separate
license shall be issued for each specific business and each
location, and each license is applicable only to the premises
in respect to which it is issued.
SECTION 17. Any person violating any of the provisions
of this ordinance shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be punishable by a fine of not
more than One Hundred Dollars ($100.00), or by imprisonment in
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the city jailor in the county jail of the County of Santa
Clara, for a period not more than thirty (30) days, or by both
such fine and imprisonment.
SECTION 18. If any section, subsection, sentence, clause
or phrase of this ordinance is, for any reason, held to be
invalid or unconstitutional, such decision shall not affect the
validity of the remaining portions of this ordinance. The city
council of the city of Gilroy hereby declares that it would
have passed this ordinance and each section, subsection,
sentence, clause or phrase thereof, irrespective of the fact
that anyone or more other sections, sUbsections, sentences,
clauses, or phrases, be declared invalid or unconstitutional.
SECTION 19. The immediate passage of this ordinance is
hereby declared to be necessary as an urgenoy measure for the
immediate preservation of the public peaoe, health, and safety,
and the facts constituting said urgency are as follows, to-wit:
That the Congress of the United States has enacted legislation
permitting the sale and possession of the beverages referred to
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herein and that the Legislature of the State of California has
enacted an urgency measure prescribing oertain regulations for
the manufacture, distribution and sale of said beverages, pro-
viding fOr the licensing of said manufacture, distribution and
sale thereof, designating the city council of each city to be
the licensing board for said city, and delegating to said city
council the authority to provide the amount, method and period
of payment of license fees by ordinance. The city of Gilroy
has no legal ordinance in effect governing said matters, and
the immediate enactment of this ordinance pursuant to the pro-
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visions of said Statute is necessary for the immediate preserva-
tion of the public peace, health and safety of the people of
said city of Gilroy.
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That this ordinance shall therefore be in force and go
into ef.fect on the 1st day of July, 1933. .
SECTION 20. Ordinances Nos. 392 and 393 of the City of
Gilroy, passed and approved by the Council of the city of
Gilroy regulating the sale and serving of non-intoxicating
alcoholic beverages within the city of Gilroy, prescribing
penalties for th~ violation hereof, and repealing conflicting
ordinances, and all ordinances Or parts of ordinances in con-
flict with the provisions of this ordinance are hereby re-
pealed.
This ordinance was introduced and read on the / q tf,day of
June, 1933, and passed and approved, upon ~J:e unanimous consent
of all members of the Council, on the !tf7JA.uay of June, 1933,
by the following vote:
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ABSENT: ~~inau. 9;w1. ( ~.
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ATTEST: ~ ~
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City ark.
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