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Ordinance 397 - ~ \ I f\ ~ r,\ 't , I I. 1, , i I ~ ORDINANCE NO. 397 \(~ 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. - I ) ( 1 J , I. , ! ' BE IT ORDAINED BY THE COUNCIL OF GILROY: / " 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 (, 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 , . of this Act and to provide that this Act shall take effect i I , (, immediately." The definitions of the words, terms and phrases which are I .f ; 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" I I I I " .\ license is approved by the city council shall pay a license fee of Fifty Dollars ($50.00) per year, payable semi-annually in (, * advance. Every peI'son whose application for an II off sale" license ,1 is approved by the City Council aha 11 pay a license fee of Ten Dollars ($10.00) per year. j i j , .I ! f 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 422 :> n Ii II for the term of one year connnencing on the 1st day of July of II I I ! J II II Ii I, Ii II I I I ! 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. , , I I I I Ii I: I I I i I i Ii 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 -2- 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 I: Ii Alley. II II Ii I: II Ii n II 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 -3- 424 II I 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 > 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 -4- 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 -5- 426 ,> I II 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. II 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. I I I I t i i Ii ! 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 -6- ,i; ) t. I 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 o<If" 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- i I ./; 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. I I.. ~ -7- tt ~ II, I ; I J II I I I~ -4 t ....r 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: AYE~!:' /!;l:!3JJ!!:!d,!J/i ~ NOES: ?1 rru ~ ' ABSENT: ~~inau. 9;w1. ( ~. ~lrOY. ATTEST: ~ ~ G:J. ~ City ark. -8-