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Ordinance 392 394 . ~ '~ p. - '..... ',...., " ---".., / b-'V'\ rz' /) 1\.- ~' .. ~o.:... fi)4J,:, \l.l.... \}.../ b~- "".'/ \'J' :r ,/ C',d'. . / .\"~. t!/ \J"I ;srz~ "l ORDINANCE NO. AN ORDINANCE REGULATING AND LICENSING THE MANUFACTURE AND SALE OF SUB-ALCOHOLIC BEVERAGES IN THE e!~y OF GILROY. The Mayor and Common Oouncil of the Oity of Gilroy do ordain as follows: Section 1. It shall be unlawful to manufacture, sell or give awa~ sub-alcoholic beverages in the Oity of Gilroy except 1~ conformity with the laws of the United States and the State of Oalifornia, and the ordinances of the Oity of Gilroy, as here- inafter provided. Section 2. Sub-alcoholic beverages are hereby defined to be beer, wine and other beverages containing in excess of one and one-half percent of alcohol by volume, now permitted to be manu- factured and sold by the laws of the United States and the State of Oalifornia, c'but-_1l6"~1lri:~g-' auf:r:t&i'onis al;G~Oli0 eon1rent' ~ d9f'1n,e.d--or o-lae~.ffied as iwbo)tieair'ing b$v.eragse 3I:-."J.:iq-uOl"B''' Section 3~ The word IIperson" as used in this ordinance in- eludes firms, corporations and associations. Section 4. roo fl The words lIrestaurant,~" lIdining room11.an.d- 1''Banquet! as used in this ordinance, refers to and means places to which the public is invited to eat at regular prices, and where meals are regularly served and sold as the principal business, and not places where only sandwiches or other cold eatables or only lunch es are sold or given away. Section 5. "Original package" as used ~ordinance, is hereby defined to be un-opened bottles, kegs, packages or con- f' ' tainers, containing sub-alcoholic beverages, as they come from the manufacturer, which are taken away from the premises in which they are sold, for consumption. \. I j w,J Section 6. "Manufacturerll as used in this ordinance, is de- fined to be a person who makes or manufacturers sub-alcoholic beverages. Section 7. t!'Whole,salyrll .!~_ used in this ordinance, is de- ~ ~rw)~ /..-.-c..c ~ ~~ ~ ~ r5~ to fined to be a persorxwho sells to hotels or restaurants,or/homes for private consumption, ~ the barrel, or in cases of at least twelve bottles, in original packages, and who is not engaged in the sale of fOOd~'~; Section 8. It shall be unlawful to sell or giveaway sub- alcoholic beverages to any person under the age of twenty-one years. Section 9. No sub-alcoholic beverages shall be sold or given ~~t:!<tS~~?!t~~~E~~l~:;~ Limits of the City in the City/of Gilroy~ except by wholesalers, restaurants and or banquet room, hotels having a public dining room,/with regular meals, and no person shall be permitted to engage in the business of selling sub-alcoholic beverages exclusively. '~ or banquet ro ms Section 11. Restaurant and hotels having ~ining roomS/in ~. connect~~,~~!:;~,!.~s~vt.~~~;~~c beverages to be con- st1med"on the ~m:iB--es wh~ sold" with meals to be consumed on the " {\ premises. Such restaurants and hotels may sell sub-alcoholic beverages not to be consumed on the premises where sold, in broken cases of less than twelve bottles. . Section~ Every person before in any manner selling or manufacturing sub-alcoholic beverages, shall first apply in writ- ing to the Mayor and Common Council of the City of Gilroy, for a perm:it to manUfactul"e or sell the same. Said applicat ion shall state the name of the applicant the place a~ which said beverage is to be manufactured; the place and manner in which the appli- c ant desires to sell said sub-alcoholic beverage, and the busines ~1J( 2 . il~o . to which the sale of sub-alcoholic beverages i8!'~~m:,~. The applicant must be a citizen of the United States and a resident last past, of the 'City of Gilroy f'or',more ,tb.an one:yea:ry', and said applica- tion must have endorsed thereon the names of two responsible .. citizens of the City of Gilroy who will ~ouch fOD the citizenshi of the applicant, his length of residence in the City and his standing and character in the community. The said application shall be filed in the office of the City Clerk. Section 13. Upon the filing of the application required by the preceeing sectionfu~~ic Clerk shall irrnnediately refer the same tothe Committee of/Health and Safety of the Council, which , shall make investigation into the facts set fortn in the ap- plication and of such other maDters as it may deem material and report ~he result of its investigation in writing to the Mayor and Connnon Council atai:IJ,/f.~Mi.i.f. meeting of said Mayor and Common Council next ~ucceeding the filing of the application, at which time or at such subsequent time as the council shall continue the hearing upon the applioation, the permit shall be granted or denied. Section 14. No person shall be granted a permit unless he shall have been a resident of the City of Gilroy for at least one year next preoeding the date of the filing pf the applica- tion. No person who has- ever been oonvicted of a felon~~r:.:~~~~'-_. ::t ~&,il.~ e:uY-al,s.ifl4Bee O"f 'bh~ ~Ji!el9.ti-;v'~~ "~ and:-&al.e '9'f--~t ;-'t..1nO\1$'.....J.. , shall be granted a permit for the. sale of sub-alcoholic beverages. ~ection 15. Upon the granting of a permit to the applicant for the manufacture,~ale of su~-alcoholic beverages, by the Mayor and Common Council, the Clerk shall issue to the applicant a permit showing that the applicant is entitled to a license upon paying the fees hereinafter provided for. 3 -~ 317 I . . Before engaging in the manufacture and/or sale of sub-alcohol ic beverages in the City of Gilroy, the applicant must obtain a license,which license and license fee shall be in addition to, and .:;' exclusive 05: any other license which the applicant may be require to pa'Y', obtain or apply for, under any o:bdinance of the City of Gilroy. Section 16. The license fee herein provided for shall be \ as follows: For the business of manufacturing and selling, or selling at wholesale, of sub-alcoholic beverages; the license fee shall be the sum of One HUndred and Fifty ($150.00) 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 meals in any restaurant o~ public dining room or banquet room connected with any hotel or restaurant, the license fee shall be One Hundred ($100.00) Dollars per year, payable semi-annually, in advance, on the first day of January and July of each year. If a permit be granted for the manufacture and sale or sale of sub-alcoholic beverages at any time prior to the termination , ~:'t;~ r-"J,. --:-I.c. of a license tax period, the licens*~~,~1 ~~~, ll.... ~~~.~'1~1Ur- ~ ~~ : ~ ~ pro-rated~A in such proportion as the iod tTfie licetl.!:I~ ~,.~ l\ { ~od bears to the whole license period. Section 17. If any person who has been granted a permit and license to manufacture or sell sub-alcoholic beverages as herein defined, shall be convicted under any law of the State or the Unit d States or ordinance of this City, of selling, manufacturing and transporting intoxicating beverages or shall violate any of the terms of this ordinance, or any ordinance of,'. the CitY" of Gilroy, involving moral turpitude, the Mayor and Common Council of the City of Gilroy shall have the power to cancel said permit and li- 398 -' be cense, and upon cancellation thereof, shall/givenwritten notice tO,said lecensee, and to the person whose license has been so re- voked. and no license shall thereafter be issued. Section 18. Any person to whom a license has been granted who does not conduct a business in a quiet, orderly and reputable man- ner, or who permits any disturbance of the public peace on the premises, or who shall sell, or give away any intoxicating bever- ages, after being found guilty of any such acts, by any Court or by the Mayor and Common Council of the City of Gilroy, at a regular and open meeting of said Mayor and Common Council of the City of Gilroy, after notice of not less than three days has been given in writing to said licensee of such conduct" and the date of the meeting at which the matter will be heard, shall have his license revoked. Section 19. All ordinances and parts of ordinances in con- flict with the provisions of this ordinance are hereby repealed. Section 20. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon convic- tion thereof shall be punishable by a fine of not more than $100.0 or by imprisonment in the city jail for a period of thirty days, 0 lv..r:-e.-.... by both fine and imprisonment. Section 21. Violations of this ordinance are declared to be public nuisances and the Mayor and Common Council shall have the right to abate the premises where same are committed in the manner provided by the laws of the State of California for the abatement of nuisances; the reme~y by abatement is in addition to any remedy that may be had under this or any ordinances of the City of Gilroy, or any law of the State of California. . 5 1 1 LIft Adopted and passed this following vote: day of April, 1933, by the NOES, Councilmen {);(/Y\Y.. ABSENT, Councilmen Approved this 'I- tk ~. GJ~. City Cle day of April, 1933. ~ Mayor ' 6