Ordinance 393
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ORDINANCE NO.
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AN ORDINANCE A~ffiNDING ORDINANCE NO. 392 OF THE CITY OF
GILROY, ENTITLED lIAN ORDINANCE REGULATING AND LICENSING THE MANU-
FACTURE AND SALE OF SUB~ALCOHOLIC BEVE."T{AGES IN THE CITY OF GILROylI
BY A~~IDING SECTIONS 7 AND 16 THEREOF DEFINING WHOLESALERS, AND
BY ADDING A NE1N PART TO SECTION 12 THEREOF PROVIDING A FEE FOR
FILING APPLICAT IONS, AND DECLARING THE T um SAID ORDINANCES SHALL
BE IN FORCE.
The Mayor and Comnon Council of the City of Gilroy do ordain
as follows:
Section I
That Section 7 of Ordinance No. 392 of the City of Gilroy
be amended to read as follows:
Section 7: "Wholesaler" as used in this ordinance is de-
fined to be a person who sells alcoholic beverages in kegs or
barrels or in cases containing at least twelve bottles, in origin
al packages, to hotels or restaurants or to homes in the City of
Gilroy, for private consumption in such homes, and who is not en-
gaged in the retail sale of food products in the dity of Gil:r:oy,
Section II
That Section 12 of Ordinance No. 392 of the City of Gilroy
be amended by adding thereto a new paragraph to be marked 11 all
and to read as follows:
a. A filing fee of $2.50, payable to the Clerk of the City
of Gilroy, must accompany all applications.
Section III
That"Section 16 of Ordinance No. 392 of the City of Gilroy
be amended to read as follows:
Section 16. The license fee herein provided for shall be
as follows:
For the business of manufacturing and selling, oro!" selling'
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llololiC beverages as a wholesaler, by a person having a
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fixed ',~la11ce of business in the City of Gilroy, the license fee
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shall be the sum of One Hundred and Fifty ($150.00) Dollars,
per year, payable annually in advance on the first day of January
of. each year.
For the business of manufacturing and selling or of selling
sub-alcoholic beverages as a wholesaler by a person having no
fixed place of business in the City of Gilroy, the license fee
shall be the sum~.of Three Hundred ($300.00) Dollars per year, pay
able annually in advance on the first day of January of each year
For the business of selling sub-alcoholic beverages with mea
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in any restaurant or public dining room or banquet room connected
with any hotel or restaurant, ,or in less than wholesale quan-
tities, the license fee shall be One HUndred ($100.00) Dollars
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per year, payable semi-annyally in advance, on the first day of
January and July of each year.
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No license issued under the terms of this ordinance shall be
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transferable or assignable~ and any assign~ent or transfer will
render such license null and voi~ ~~ ~
If a permit be granted for the manufacture and sale or sale
of sub-alcoholic beverages in wholesale quantities or otherwise,
at any time prior to the termination of a license tax period,
the license for such period to run may, by resolution, be pro-
rated at the discretion of the Mayor and Common Council for the
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unexpired period in such proportion as the unexpired period bears
to the whole license period.
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Section IV
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If any section, subsection, sentence, clause or p~~ase of
Ordinance No. 39~ of the City of Gilroy, OD of this ordinance,
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which is amendatory thereof, is for any reason held to be un-
constitutional, such decision shall not effect the validity of
the remaining portion of the said Ordinance No. 392 or of this
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ordinance.
The Mayor and Common COUncil of the City of Gilroy hereby
declares that it would have passed said Ordinanoe No. 392 and
this ordinance amendatory thereof, and each section, subsection,
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sentence" clause or phrase tre reof, irrespective of the fact
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that anyone or more sections, subsections, sentences, clauses
or phrases thereof be declared unconstitutional.
Section V
Ordinanoe No. 392 and this ordinance shall take effect and
be in force on and after the seventh day of April, A. D. 1933,
ADOPTED ANDPASSED this sixth day of April, A. D. 1933, by
the following vote:
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NOES, Counoilmen
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