Ordinance 392
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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.
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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
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connect~~,~~!:;~,!.~s~vt.~~~;~~c beverages to be con-
st1med"on the ~m:iB--es wh~ sold" with meals to be consumed on the
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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
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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
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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:.:~~~~'-_.
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~&,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.
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317
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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
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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~ ~,.~
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~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
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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
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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.
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Adopted and passed this
following vote:
day of April, 1933, by the
NOES, Councilmen
{);(/Y\Y..
ABSENT, Councilmen
Approved this 'I- tk
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City Cle
day of April, 1933.
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Mayor '
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