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576Affidavit of Publication In the Superior Court of the County of Orange State of California Anaheim, Calif., may cdu, LaUL, ORDINANCE NO. 576 prfactice n the Sta AN ORDINANCE OF THE CITY OF "On sale ANAHEIM. AMENDING SECTIONS eludes a Plaintiff J N0. 1, 14, 15, 15% AND 24 OF OR. beverages J on the pre DINANCE NO. 575 ENTITLED "AN the liven, VS. ORDINANCE OF THE CITY OF the sale o ANAHEIM DEFINING AND PRO• nal packe HIBITING THE SALE, MANUFAC• the premia — - ` TUBE, TRANSPORTATION OR UN- "Off sat clud LAWFUL POSSESSION OF INTO%- at ran Defendant ICATING LIQUORS; DEFINING co ! steal ALCOHOLIC BEVERAGES AND i ' eh j PROVIDING FOR THE ISSUANCE i/ ht raltl, STATE OF CALIFORNIA, } s5 OF LICENSES TO THOSE TO sor`lg County .of Orange, 1( WHOM LICENSES MAY OR DQ i. at to hg ISSUE, PRESCRIBING R•EGULA•, 04c,ast �• " ' being first duly TIONS IN CONNECTION THERE,'f la yleg ok sworn, deposes and says: That at all times hereinafter mentioned; he was WITH; PROVIDING PENALTI$ ha,e Arleoq a citizen of the United States, over the age of eighteen years, and a resident FOR THE VIOLATION HERFy� 'ode ea been of said county, and was at and during all said times the printer, publisher and AND REPEALING CERTAIN ohs ie or rroprietor of the Anaheim Gazette, a newspaper of general circulation, printDINANCES IN CONFLICTyeat..1 ed and published weekly in the City of Anaheim, in said County of Orange, °rdih e for State of California; that said Anaheim Gazette is and was at all times herein THIS ORDINANCE,„ AND AY shy encs mentioned, a newspaper of general circulation and is published for the dis- A NEW SECTION THERETO °r behe�oe her, semination of local and telegraphic news and intelligence of a general char- DESIGNATED SECTION N1 e efh! °clatlo� t c acter, having a bona fide subscription list of paying subscribers; that at all,htv.�v h p h said times said newspaper had been established, printed and published in the I The City Council of the ora o (�5 °f ho said City of Anaheim, in said County and State at regular intervals for more• ' beim da ordain as follows er t,6 hl2egi) hioJ7 than one year preceding the first publication of the notice herein mentio* s,ah �o � ��-,— SECTION 1. That Se see and shallVihe• a ed; that the .... ........ `/, • •� • • • • • 14, Section 15, Section n °r hall hayo Ord................... 24 inanOcelnance No. of the Cit y5 hahthlD fie YlelOhave h e s .............. ....... , .... • • ...................... ....................... fining and Prohibitin, „e Js%.P°t• alhea � oldi facture, Tramsport8 t . 0 Aer h 0. ............ • • .............................. .......,of which the Possession of In' b°It ordeal Ag Iqd of annexed is a printed copy, was published and printed in said newspaper at Defining Alcoholiy holiel49 Or haheo eltage least viding for the Iy gate) boy Otho is o, as ......times, commencing on the Those To Whey factU cohdorager coht�hed L Issue, PrescrilY, Itloh areal secl r to ...... day of ..................... .......192... and end ng on the nection Thera shalhe to s It to ahs or for the Viola l R'ha tele rite t the ih ..day of .. ..192...,b th days nclusive, C` rtain ore' 'uub lesaleah oh H'hol � This Ordir Ile. ah o W seals abtdoas often t urfo oingral d es said new was regularly issued; that hereby ary h7oahe to dhot to sells o'ru8 f h U SEC a 21 a i ..te the dr,, via4 toxic ih hdU?ed to bice q'ry �ehera ....... ....................... this Sete drug�hg a r`eraotred 8•glst 1 cat oral and eelll lee f h phi ghajl it a Ag o Wo ublie *ho .-tafthis S�igt ......................... r ti' rsOh d `A[j 'ell, buss tate, .............. . tchO slc to begs as '4” the a ®hall SUBSCRIBED A� "C"'4 � AN SWORN to 2 ado �. o before me this ------- ------------ --- __------ ---194 --- (_�:....................... No Public in and for Orange County, California,- ORDINANCE NO. 576 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS NO. 1, 14, 15, 15% AND 24 OF OR- DINANCE NO. 575 ENTITLED "AN ORDINANCE OF THE CITY OF ANAHEIM DEFINING AND PRO- HIBITING THE SALE, MANUFAC- TURE, TRANSPORTATION OR UN- LAWFUL POSSESSION OF INTOX- ICATING LIQUORS; DEFINING ALCOHOLIC BEVERAGES AND PROVIDING FOR THE ISSUANCE OF LICENSES TO THOSE TO WHOM LICENSES MAY OR DO ISSUE, PRESCRIBING REGULA- TIONS IN CONNECTION THERE- WITH; PROVIDING PENALTIES FOR THE VIOLATION HEREOF AND REPEALING CERTAIN OR- DINANCES IN CONFLICT WITH THIS ORDINANCE," AND ADDING A NEW SECTION THERETO TO BE DESIGNATED SECTION NO. 14-A. The City Council of the City of Ana heim do ordain as follows: SECTION 1. That Section 1, Section 14, Section 15, Section 15% and Section 24 of Ordinance No. 575, entitled "An Ordinance of the City of Anaheim De- fining and Prohibiting the Sale, Manu- facture, Transportation or Unlawful Possession of Intoxicating Liquors; Defining Alcoholic Beverages and Pro- viding for the Issuance of Licenses to Those To Whom Licenses May or Do Issue, Prescribing Regulations in Con- nection Therewith; Providing Penalties for the Violation Hereof and Repealing Certain Ordinances in Conflict With This Ordinance," be and the same are hereby amended to read as follows: SECTION 1. Definitions. (In- toxicating liquor) When used in this Ordinance, the phrase "Intoxi- cating liquor" shall be construed to include alcohol, brandy, whiskey, rum, gin, beer, ale, porter and wine, and -in addition thereto any spirit- ous, vinous, malt, or fermented liquor, liquids and compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing more than three and two-tenths percentum of alcohol by weight, which are fit for use for beverage purposes. When used in this Ordinance, the phrase "Alcoholic beverage" shall be construed to include beer, lager beer, ale, porter, wine and other drinks containing one-half of one percentum, and not more than three and two-tenths percentum of aico- hol by weight, which are fit for use for beverage purposes. The term "Person," when used in this Ordinance, shall be construed to include one or more persons, a partnership, an association, a joint stock company or a corporation, and whenever used in this ordin- ance prescribing or imposing a fine, imprisonment, or both, the term "person" as applied to partnerships, associations, or joint stock com- panies, shall mean the partners or members thereof, and as applied to tables, or counters and serve regu- larly priced meals, and which shall have been established as a bona fide cafe or restaurant for a period of one year. The term "club" as used in this ordinance is hereby defined to mean any benevolent or fraternal society or association having a bona fide membership of not less than sev- enty-five (75) members, which shall be organized for some purpose other than serving alcoholic bever- ages, and shall have been in exis- tence, and shall have had a chapter, lodge or division holding regular monthly meetings in the City of Anaheim for a period of at least five years. "Original package" as used in this ordinance is defined to mean bottle or other container of alco- holic beverage sealed and in the same condition as it left the manu- facturer. The term "wholesale druggist' shall mean one who sells drugs at wholesale, and not to the general public. The term "retail druggist' shall mean a registered pharmacist, authorized to practice in this State, conducting a regular retail business in drugs and who sells to the general public. The word "physician" shall mean a person who has a license to practice medicine under the laws of the State of California. "On sale license" means and in- cludes a license to sell alcoholic beverages at retail for consumption on the premises in respect to which the license is issued and also the sale of said beverages in origi- nal packages for consumption off the premises. "Off sale license" means and in- cludes a license to sell beverages at retail in original packages for consumption only off the premises in respect to which the license is issued, and such alcoholic bever- ages shall not be sold to other licensees for resale. "Wholesale license" means and includes a license to manufacture and sell alcoholic beverages at wholesale to "on sale" and "off sale" licensees. Wherever the term "A License" appears hereafter in this ordinance it shall be deemed to mean "On Sale" and wherever the term "B License" is used in this ordinance it shall be deemed to mean "Off Sale" and wherever the term "C License" is used it shall be deemed to mean "Wholesale License," pro- vided however, that a wholesale license shall not permit the holder thereof to transact the retail sale of alcoholic beverages. A new section is hereby added to the above entitled Ordinance No. 575 to be designated Section 14-A which shall read as follows. SECTION 14-A Each holder of an "On Sale" or "Off Sale" license shall pay to the City of Anaheim a tax of fifty cents (500 per barrel upon alcoholic beverages sold by such licensee. The rates herein- above provided shall. in the case of the City Council may revoke the license of said licensee as in this ordinance provided. Should any said licensee fail to pay the tax herein provided on or before the 10th day of the month on the alco- holic beverage sold by him during the previous month, then the license shall become suspended and it shall be unlawful for any such licensee to sell any alcoholic bever- ages until the tax is paid in full, and unless the tax is paid within five days after it becomes due the license may be revoked by the City Council. (a) No "On Sale" or "Off Sale" licensee shall purchase any alco- holic beverage from any manufac- turer or wholesaler doing business outside the City of Anaheim and not holding a certificate of approval issued by the City of Anaheim, and transport or cause the same to be transported into the City of Ana- heim for resale, unless such manu- facturer or wholesaler has obtained a certificate of approval from the. City of Anaheim, which certificate of approval shall not be granted unless and until such manufacturer or wholesaler shall have agreed with the City of Anaheim to furnish to the Chief of Police of the City of Anaheim, on or before the 10th day of each month, a report under oath on a form to be prescribed by the City Council, showing the quanti- ties of alcoholic beverages sold or delivered to each "On Sale" or "Off Sale" licensee during the preceding calendar month. If any such manu- facturer or wholesaler shall, after obtaining such license, fail to sub- mit any such report, the City Coun- cil shall in their discretion revoke such license. (b) Each manufacturer and wholesaler within the City of Ana- heim shall on or before the 10th day of each month, furnish to the Chief of Police of the City of Anaheim, a statement under oath showing the quantity of alcoholic beverages sold for resale during the preced- ing calendar month to each "On Sale" and "Off Sale" licensee with- in the City of Anaheim. Section 14 of said Ordinance No. 575 is hereby amended as follows: SECTION 14 "ON SALE" LIC- ENSE. For every person conduct- ing or carrying on the bustness_of alcoholic beverage dealer, under a "On Sale" License as hereinabove defined, the license fee shall be the sum of Twenty-five ($25.00) Dollars per year, payable semi-annually in advance on the first day of July and January of each year. First pay- ment to be prorated to July lst, 1933. "OFF SALE" LICENSE. For every person conducting or carry- ing on the business of alcoholic beverage dealer, under an "Off Sale" License as hereinabove de- fined and restricted, the license fee shall be the sum of Ten ($10.00) Dollars per year, payable semi- annually in advance on the first day of July and January of each year First payment to be prorated to .July 1st, 1933. three and two-tenths percentum of alcohol by weight, which are fit for use for 13 vC ge yurposea. When used in this Ordinance, the phrase "Alcoholic beverage" shall be construed to include beer, lager beer, ale, porter, wine and other drinks containing one-half of one percentum, and not more than three and two-tenths percentum of aico- hol by weight, which are fit for use for beverage purposes. The term "Person," when used in this Ordinance, shall be construed to include one or more persons, a partnership, an association, a joint stock company or a corporation, and whenever used in this ordin- ance prescribing or imposing a fine, imprisonment, or both, the term "Person" as applied to partnerships, associations, or joint stock com- panies, shall mean the partners or members thereof, and as applied to corporations shall mean the officers thereof. When used in this ordinance, the phrase "alcoholic beverage dealer" shall be held to include any person selling, offering for sale, or keeping with the intention of selling, either in bottles or other containers, -any alcoholic beverage as herein defin- ed. The term "alcoholic beverage dis- tributor" is construed to mean any person who, as a part of his busi- ness, sells, delivers, transports or conveys any alcoholic beverage for which a consideration has been paid or will be paid, to any alcoholic beverage dealer within the City of Anaheim. The term "hotel" , used in this ordinance is defined to a place con- sisting of ten or more rooms or suites for hire to the public, and which shall have been engaged in such business in the City of Ana- heim for a period of at least one year. The terms "cafe" and "restau- rant" as used in this ordinance shall have the same meaning and shall include, a place conducted for the sole purposes of serving meals to the public, having a serving capacity to seat at tables at least sixteen (16) persons, which place shall seat their patrons at Wherever the term "A License" appears hereafter in this ordinance it sna I x . a1. ­a a to in _ ••on Sale" and wherever the term "B License" is used in this ordinance it shall be deemed to mean "Off Sale" and wherever the term "C License" is used it shall be deemed to mean "Wholesale License," pro- vided however, that a wholesale license shall not permit the holder thereof to transact the retail sale of alcoholic beverages. A new section is hereby added to the above entitled Ordinance No. 575 to be designated Section 14-A which shall read as follows. SECTION 14-A Each holder of an "On Sale" or "Off Sale" license shall pay to the City of Anaheim a tax of fifty cents (50c) per barrel upon aicoholic beverages sold by such licensee. The rates herein- above provided shall, in the case of alcoholic beverages sold in con- tainers of less than one barrel, be proportioned at the rate of thirty- one gallons as the equivalent of one barrel. Said tax shall be due and payable to the Chief of Police of the City of Anaheim on or before the 10th day of each month, on the alcoholic beverages sold by said licensee during the calendar month next preceding the date of payment. Each "On Sale" and "Off Sale" licensee shall, at the time of pay- ing the tax above provided, file with the Chief of Police a full state- ment of the amount of alcoholic beverages purchased by said lic- ensee during the preceding month, from whom the same was purchas- ed and the date of purchase. Said statement shall further show the number of barrels or fractions thereof sold by said licensee during the preceding month, and the amount of tax due thereon. Said statement shall be verified by the oath of the said licensee. In the event that any said licensee shall fail to make and file the statement above provided or shall wilfully make a false statement of the quan- tity of alcoholic beverages sold during any calendar month, he shall be guilty of a violation of the terms of this ordinance and shall be subject to the penalties herein provided, and in addition thereto FNSE. For every person conduct - ,ns, o -ow ryina on the bustneSS.of alcoholic beverage dealer, under a "On Sale" License as hereinabove defined, the license fee shall be the sum of Twenty-five ($25.00) Dollars per year, payable semi-annually in advance on the first day of July and January of each year. First pay- ment to be prorated to July 1st, 1933. "OFF SALE" LICENSE. For every person conducting or carry- ing on the business of alcoholic beverage dealer, under an "Off Sale" License as hereinabove de- fined and restricted, the license fee shall be the sum of Ten ($10.00) Dollars per year, payable semi- annually in advance on the first day of July and January of each year First payment to be prorated to .July 1st, 1933. "WHOLESALE" LICENSE. For every person conducting or carry- ing on the business of alcoholic bev- erage distributor, under a "Whole- sale" License as hereinbefore de - shall be Three Hundred ($300.00) fined and restricted, the license fee Dollars per year, payable annually in advance, commencing on the date when such license is granted. First payment to be prorated to July 1, 1933. Section 15 of said Ordinance No. 575 is hereby amended as follows: SECTION 15. No person shall be issued an "On Sale" License ex- cept cafes and restaurants doing a bona fide cafe or restaurant busi- ness, as hereinbefore defined, and said cafes or restaurants can only serve alcoholic beverages under such license with bona fide edible food costing not less than ten cents; and bona fide hotels which may serve alcoholic beverages under such license to their bona fide guests and none other; and clubs which may serve alcoholic beverages to their bona fide mem- bers only. Nor shall any "On Sale" License be issued to anyone where the business to be conducted there- under is located within three hun- dred (300) feet of any school, church or public park. In no event shall a "On Sale" License be is- sued to drug stores, grocery stores, and the City Council does deck the above ordinance was passe urgency measure upon the f grounds, which facts constitt urgency: The State of Califol adopted a law limiting the lice which may be charged by muni( for the sale of alcoholic bevera as said law is in conflict with th ante heretofore adopted by the Anaheim the city does not n( any ordinance to cover the lice the sale of alcoholic beverages, City Council declares that fo interest this ordinance tak( immediately. The foregoing ordinance is approved and attested by me t day of May, 1933. (Signed) CHAS.H. MANN, Mayor of the Cit (SEAL) of Anaheim. Attest: J. W. PRICE, City Clerk of the City of Anaheim. STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM. I, J. W. PRICE, City Clerl City of Anaheim, do hereby that the foregoing ordinance troduced at a regular meetin; City Council of the City of held on the 9th day of May, 1 that the same was passed and at a regular meeting of s: Council held on the 23rd day 1933, by the following vote: AYES: Councilmen Mann, 1 Jr., Sheridan and Yungbluth. Noes: Councilmen None. ABSENT AND NOT VOTIN( Gilman Cook. And I further certify that tl of the City of Anaheim signed proved said ordinance on the of May, 1933. IN WITNESS WHEREOF, hereunto set my hand and a1 seal of the City of Anaheim, day of May, 1933. (SEAL) J. W. PRICE, City Clerk of the City ot( Anaheim. enters and serve regu- meals, and which shall >stablished as a bona restaurant for a period "club" as used in this hereby defined to mean ;nt or fraternal society n having a bona fide of not less than sev- members, which shall I for some purpose erving alcoholic bever- all have been in exis- all have had a chapter, vision holding regular etings in the City of a period of at least )ackage" as used in ce is defined to mean her container of alco- ge sealed and in the )n as it left the manu- "wholesale druggist" ane who sells drugs at id not to the general "retail druggist" shall -egistered pharmacist, > practice in this State, regular retail business d who sells to the Iia "physician" shall mean io has a license to Iicine under the laws of California. icense" means and in- tense to sell alcoholic retail for consumption '.ses in respect to which is issued and also laid beverages in origi- s for consumption off icense" means and in- ense to sell beverages original packages for only off the premises which the license is such alcoholic bever- tot be sold to other resale. license" means and icense to manufacture coholic beverages at "on sale" and "off the term "A License" rafter in this ordinance deemed to mean "On vherever the term "B used in this ordinance deemed to mean "Off herever the term "C ised it shall be deemed holesale License," pro- er, that a wholesale not permit the holder .,ansact the retail sale beverages. "OFF SALE" LICENSE. For any ordinance to cover the licensing of every person conducting or carry - n is hereby added to the ing on the business of alcoholic Ordinance No. 575 to be beverage dealer, under an "Off 2tion 14-A which shall Save" License as hereinabove de- fined and restricted, the license fee shall be the sum of Ten $10.00) The foregoing ordinance is signed, the City Council may revoke the license of said licensee as in this ordinance provided. Should any said licensee fail to pay the tax herein provided on or before the 10th day of the month on the alco- holic beverage sold by him during the previous month, then the license shall become suspended and it shall be unlawful for any such licensee to sell any alcoholic bever- ages until the tax is paid in full, and unless the tax is paid within five days after it becomes due the license may be revoked by the City Council. (a) No "On Sale" or "Off Sale" licensee shall purchase any alco- holic beverage from any manufac- turer or wholesaler doing business outside the City of Anaheim and not holding a certificate of approval issued by the City of Anaheim, and transport or cause the same to be transported into the City of Ana- heim for resale, unless such manu- facturer or wholesaler has obtained a certificate of approval from the City of Anaheim, which certificate of approval shall not be granted unless and until such manufacturer or wholesaler shall have agreed with the City of Anaheim to furnish to the Chief of Police of the City of Anaheim, on or before the 10th day of each month, a report under oath on a form to be prescribed by the City Council, showing the quanti- ties of alcoholic beverages sold or delivered to each "On Sale" or "Off Sale" licensee during the proceding calendar month. If any such manu- facturer or wholesaler shall, after obtaining such license, fail to sub- mit any such report, the City Coun- cil shall in their discretion revoke such license. (b) Each manufacturer and wholesaler within the City of Ana- heim shall on or before the 10th day of each month, furnish to the Chief of Police of the City of Anaheim, a statement under oath showing the quantity of alcoholic beverages sold for resale during the preced- ing calendar month to each "On Sale" and "Off Sale" licensee with- in the City of Anaheim. Section 14 of said Ordinance No. 575 is hereby amended as follows: SECTION 14 "ON SALE" LIC- ENSE. For every person conduct- ing or carrying on the business _ of alcoholic beverage dealer, under a "On Sale" License as hereinabove defined, the license fee shall be the sum of Twenty-five ($25.00) Dollars per year, payable semi-annually in advance on the first day of July and January of each year. First pay- ment to be prorated to July 1st, 1933. confectionery stores, butcher shops, cigar stands, markets, dance halls, pool halls, theatres, lunch wagons, street stands, or other businesses which may operate a light lunch, soda fountain, cold drink stand or eating place in conjunction with such other business. "Off Sale" Licenses may be issued to any drug store, grocery, con- fectionery store, or any establish- ed retail store in the City of Ana- heim which is not located within one hundred (100) feet of any church, school or public park. It shall be unlawful for any holder of an "Off Sale" License to permit the consumption of alcoholic bev- erages on his premises, or on any public street, sidewalk, alley, lane or other public place, or to permit on said premises or place the open- ing of the original packages SECTION 15%. It shall be un- lawful for any operator of any cafe or restaurant licensed hereunder to display the words "liquor", "bar", or "saloon" on any part of said premises. All apparatus connect- ed with dispensing of the alcoholic beverages by cafes and restaurants must be partitioned off from the room where the beverages are serv- ed, and the entrance to the dispens- ing room is only for the use of the waiters, the owner, his servants or employees. No alcoholic beverages shall be served except at tables or counters in cafes or in rooms of bona fide registered guests at hotels. Section 24 of said Ordinance No. 575 is hereby amended to read as follows: SECTION 24. No person holding a "On Sale" License shall be per- mitted to do or maintain a street curb business nor to dispense or serve alcoholic beverages to any person in any vehicle, and no alco- holic beverages shall be sold, dis- pensed or offered for sale excepting between the hours of 8:00 o'clock A. M. and 12:00 o'clock Midnight. SECTION 2. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 3. The City Clerk shall cause this ordinance to be published once in the Anaheim Gazette a weekly news- paper printed, published and circulated in said City of Anaheim, and shall take effect immediately upon its passage; and the City Council does declare that the above ordinance was passed as an urgency measure upon the following grounds, which facts constitute the urgency: The State of California has adopted a law limiting the license fees which may be charged by municipalities for the sale of alcoholic beverages, and as said law is in conflict with the ordin- ance heretofore adopted by the City of Anaheim the city does not now have the sale of alcoholic beverages, and the City Council declares that for public interest this ordinance take effect immediately. ises in respect to which oozaming sucn acense, ran To sun - is issued and also mit any such report, the City Coun- 3aid beverages in origi- cil shall in their discretion revoke �s for consumption off such license. 3. (b) Each manufacturer and license" means and in- wholesaler within the City of Ana- :ense to sell beverages heim shall on or before the 10th day original packages for of each month, furnish to the Chief only off the premises of Police of the City of Anaheim, a o which the license is statement under oath showing the such alcoholic bever- quantity of alcoholic beverages not be sold to other sold for resale during the preced- resale. ing calendar month to each "On e license" means and Sale" and "Off Sale" licensee with - license to manufacture in the City of Anaheim. lcoholic beverages at Section 14 of said Ordinance No. 575 3 "on sale" and 'off is hereby amended as follows: the term "A License" SECTION 14 "ON SALE" LIC- eafter in this ordinance ENSE. For every person conduct- wherever the term "B alcoholic beverage dealer, under used in this ordinance a "On Sale" License as hereinabove deemed to mean "Off defined, the license fee shall be the herever the term "C sum of Twenty-five ($25.00) Dollars ised it shall be deemed per year, payable semi-annually in holesale License," pro- advance on the first day of July and 'er, that a wholesale January of each year. First pay - not permit the holder ment to be prorated to July 1st, ransact the retail sale 1933. beverages. "OFF SALE" LICENSE. For )n is hereby added to the Ordinance No. 575 to be ction 14-A which shall 14-A Each holder of " or "Off Sale" license the City of Anaheim a cents (50c) per barrel ,lie beverages sold by �e. The rates herein - !ed shall, in the case of 7erages sold in con- �ss than one barrel, be at the rate of thirty - as the equivalent of Said tax shall be due to the Chief of Police f Anaheim on or before of each month, on the ✓erages sold by said ng the calendar month )g the date of payment. ale" and "Off Sale" 1, at the time of pay- bove provided, file with f Police a full state- : amount of alcoholic urchased by said lie- ; the preceding month, the same was purchas- late of purchase. Said 'iall further show the barrels or fractions by said licensee during ng month, and the ax due thereon. Said fall be verified by the said licensee. In the my said licensee shall and file the statement Led or shall wilfully statement of the quan- oholic beverages sold calendar month, he ty of a violation of the is ordinance and shall o the penalties herein id in addition thereto every person conducting or carry- ing on the business of alcoholic beverage dealer, under an "Off Sale" License as hereinabove de- fined and restricted, the license fee shall be the sum of Ten ($10.00) Dollars per year, payable semi- annually in advance on the first day of July and January of each year First payment to be prorated Lo .July Ist, 1933. "WHOLESALE" LICENSE. For every person conducting or carry- ing on the business of alcoholic bev- erage distributor, under a "Whole- sale" License as hereinbefore de - shall be Three Hundred ($300.00) fined and restricted, the license fee Dollars per year, payable annually in advance, commencing on the date when such license is granted. First payment to be prorated to July 1, 1933. Section 15 of said Ordinance No. 575 is hereby amended as follows: SECTION 15. No person shall be issued an "On Sale" License ex- cept cafes and restaurants doing a bona fide cafe or restaurant busi- ness, as hereinbefore defined, and said cafes or restaurants can only serve alcoholic beverages under such license with bona fide edible food costing not less than ten cents; and bona fide hotels which may serve alcoholic beverages under such license to their bona fide guests and none other; and clubs which may serve alcoholic beverages to their bona fide mem- bers only. Nor shall any "On Sale" License be issued to anyone where the business to be conducted there- under is located within three hun- dred (300) feet of any school, church or public park. In no event shall a "On Sale" License be is- sued to drug stores, grocery stores, is hereby amended to read as follows: SECTION 24. No person holding a "On Sale" License shall be per- mitted to do or maintain a street curb business nor to dispense or serve alcoholic beverages to any person in any vehicle, and no alco- holic beverages shall be sold, dis- pensed or offered for sale excepting between the hours of 8:00 o'clock A. M. and 12:00 o'clock Midnight. SECTION 2. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 3. The City Clerk shall cause this ordinance to be published once in the Anaheim Gazette a weekly news- paper printed, published and circulated in said City of Anaheim, and shall take effect immediately upon its passage; and the City Council does declare that th,w a mv4--owUnaace;;veas rpapeed..aa::_:dxx urgency measure upon the following grounds, which facts constitute the urgency: The State of California has adopted a law limiting the license fees which may be charged by municipalities for the sale of alcoholic beverages, and as said law is in conflict with the ordin- ance heretofore adopted by the City of Anaheim the city does not now have any ordinance to cover the licensing of the sale of alcoholic beverages, and the City Council declares that for public interest this ordinance take effect immediately. The foregoing ordinance is signed, approved and attested by me this 23rd day of May, 1933. (Signed) CHAS.H. MANN, Mayor of the City (SEAL) of Anaheim. Attest: J. W. PRICE, City Clerk of the City of Anaheim. STATE OF CALIFORNIA, ) COUNTY OF ORANGE, )ss. CITY OF ANAHEIM. ) I, J. W. PRICE, City Clerk of the City of Anaheim, do hereby certify that the foregoing ordinance was in- troduced at a regular meeting of the City Council of the City of Anaheim held on the 9th day of May, 1933, and that the same was passed and adopted at a regular meeting of said City Council held on the 23rd day of May, 1933, by the following vote: AYES: Councilmen Mann, Martenet, Jr., Sheridan and Yungbluth. Noes: Councilmen None. ABSENT AND NOT VOTING: Coun- cilman Cook. And I further certify that the Mayor of the City of Anaheim signed and ap- proved said ordinance on the 23rd day of May, 1933. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim, this 23rd day of May, 1933. (SEAL) J. W. PRICE, City Clerk of the City d Anaheim. I , i 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF ANAHEIM A1,4ENDING SECTIONS NO. 11 14, 15, 15' and 24 of ORDINANCE NO. 575 ENTITLED"AN ORDINANCE OF THE 3 CITY OF ANAHEIM DEFINING AND PROHIBITING THE SALE, MANUFACTURE, TRANPORTATION OR UNLAWFUL POSSESSION OF INTOXICATING LIQUORS; 4 DEFINING ALCOHOLIC BEVERAGES AND PROVIDING FOR THE ISSUANCE OF LICENSES TO THOSE TO WHOM LICENSES MAY OR DO ISSUE, PRESCRIBING 5i REGULATIONS IN CONNECTION THEREWITH; PROVIDING PENALTIES FOR THE I VIOLATION HEREOF AND REPEALING CERTAIN ORDINANCES IN CONFLICT WITH] e? THIS ORDINANCE", AND ADDING A NEW SECTION THERETO TO BE DESIGNATED SECTION NO. 14-A. 7 'e 8 The Citv Council of the City of Anaheim do ordain as follows SECTION 1. That Section 1, Section 14, Section 15, Section i 10 151 and Section 24 of Ordinance No. 575, entitled "An Ordinance 11,1 of the City of Anaheim Defining end Prohibiting the Sale, Manufac- 12 tune, Transportation or Unlawful Possession of Intoxicating 13 ' Liquors; Defining Alcoholic Beverages and Providing for the 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Issuance of Licenses to Those To Whom Licenses May or Do Issue, Prescribing Regulations in Connection Therewith; Providing Penalties for the Violation Hereof and Repealing Certain Ordin- ances in Conflict With This Ordinance", be and the same are hereby amended to read as follows: SECTION 1. Definitions. (Intoxicating liquor), When used in this Ordinance, the phrase "Intoxicating liquor shall be con- strued to include alcohol, brandy, whiskey, rum, gin, beer, ale, porter and wine, and in addition thereto any spiritous, vinous, malt, or fremented liquor, liquids and compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing more than three and two-tenths percentum of alcohol by weight, which are fit for use for beverage purposes. When used in this Ordinance, the phrase "Alcoholic beverage" shall be construed to include beer, lager beer, ale, porter, wine and other drinks containing one-half of one percentum, and not more than three and two tenths percentum of alcohol by weight, which are fit for use for beverage purposes. The term "Person", when used in this Ordinance, shall be construed to include one or more persons, a partnership, an asso- ciation, a joint stock company or a corporation, and whenever useld in this ordinance "prescribing or imposing a fine, imprisonment, or both, the term "person" as applied to partnerships, associa- tions, or joint stock companies, shall mean the partners or members thereof, and as applied to corporations shall mean the officers thereof. When used in this ordinance, the phrase '"alcoholic beverage dealer" shall be held to include any person selling, offering fo sale, or keeping with the intention of selling, either in bottle or other containers, any alcoholic beverage as herein defined. 1. The term "alcoholic beverage distributor" is mean any person who, as a part of his business, 2''I transports or conveys any alcoholic beverage for sideration has been paid or will be paid, to any 3 j beverage dealer within the City of Anaheim. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 construed to sells, delivers, which a con - alcoholic The term "hotel" as used in this ordinance is defined to a place consisting of ten or more rooms or suites for hire to the public, and which shall have been engaged in such business in the City of Anaheim for a period of at least one year. The terms "cafe" and "restaurant" as used in this ordinance shall have the same meaning and shall include, a place conducted for the sole purposes of serving meals to the public, having a serving capacity to seat at tables at least sixtee (16) persons which place shall seat their patrons at &- table,, or and serve regularly priced meals, and which place shall have been established as a bona fide cafe or restaurant for a period of one year. The term "club" as used in this ordinance is hereby defined to mean any benevolent or fraternal society or association havin a bona fide membership of not less than seventy-five (75) member which shall be organized for some purpose other than serving alcoholic beverages, and shall have been in existence, and shall have had a chapter, lodge or division holding regular monthly meetings in the City of Anaheim for a period of at least five years. "Original package" as used in this ordinance is defined to mean bottle or other container of alcoholic beverage sealed and in the same condition as it left the manufacturer. The term "wholesale druggist" shall mean one who sells drugs at wholesale, and not to the general public. The term "retail druggist" shall mean a registered pharmacist authorized to practice in this State, conducting a regular retai business in drugs and who sells to the general public. The word "physician" shall mean a person who has a license to practice medicine under the laws of the State of California. "On sale license" means and includes a license to sell alcoholic beverages at retail for consumption on the premises in respect to which the license is.issued and also the sale of said beverages in original packages for consumption off the premises In of note mepe than f•, e csi -gallona- "Off sale license" means and includes a license to sell beverages at retail in original packages for consumption only off the premises in respect to which the license is issued, ;n e,„_„+�+; of + w,�o +t�flr, f;tre ga oma, and such alcoholic vl -rw�T ��—iisV 1 beverages shall not be sold to other licensees for resale. "Wholesale license" means and includes a license to manufacture and sell alcoholic beverages at wholesale to "on sale" and "off sale" licensees. 2. I l Wherever the term "A License" appears hereafter in this ordinance it shall be deemed to mean "On Sale" and wherever 2 the term "B License" is used in this ordinance it shall be deemed to mean "Off Sale" and wherever the term "C Licensers 3 is used. it shall be deemed to mean "Wholesale License", provided however, that a wholesale license shall not permit 4 i the holder thereof to transact the retail sale of alcoholic 5 beverages. e A new section is hereby added to the above entitled Ordinance 7No. 575 to be designated Section 14-A which shall read as follows: 8' SECTION 14-A. Each holder of an "On Sale" or "Off Sale" license shall pay to the City of Anaheim a tax of fifty cents 9i'i (50¢) per barrel. upon alcoholic beverages sold by such licensee. The rates hereinabove provided shall, in the case of alcoholic 10 beverages sold in containers of less than one barrel, be pro- portioned at the rate of thirty-one gallons as the equivalent 11' of one barrel. Said tax shall be due and payable to the Chief of Polio of the City of Anaheim on or before the 10th 12� day of each month, on the alcoholic beverages sold by said licensee during the calendar month next preceding the date of 13? payment. Each "On Sale" and "Off Sale" licensee shall, at the time of paying the tax above provided, file with the Chief of 14 police a full statement of the amount of alcoholic beverages purchased by said licensee during the preceding month, from 15 whom the same was purchased and the date of purchase. Said statement shall further show the number of barrels or fractions 16, thereof sold by said licensee during the preceding month, and the amount of tax due thereon. Said statement shall be verified 17 by the oath of the said licensee. In the event that any said licensee shall fail to make and file the statement above pro - 18 vided or shall wilfully make a false statement of the quantity of alcoholic beverages sold during any calendar month, he shall 19 be guilty of a violation of the terms of this ordinance and shall be subject to the penalties herein provided, and in 20 addition thereto the City Council may revoke the license of said licensee as in this ordinance provided. Should any said license 21j fail to pay the tax herein provided on or before the 10th day of the month on the alcoholic beverage sold by him during the 22 previous month, then the license shall become suspended and it shall be unlawful for any such licensee to sell any alcoholic 23 beverages until the tax is paid in full, and unless the tax is i paid within five days after it becomes due the license may 24be revoked by the City Council. 25� (a) No "On Sale" or "Off Sale" licensee shall purchase any ; alcoholic beverage from any manufacturer or wholesaler doing 26 business outside the City of Anaheim and not holding a certificate of approval issued by the City of Anaheim,and 27i transport or cause the same to be transported into the (pity of Anaheim for resale, unless such manufacturer or wholesaler has 28 j obtained a certificate of approval from the City of Anaheim, which certificate of approval shall not be granted unless and 29 until such manufacturer or wholesaler shall have agreed with the City of Anaheim to furnish to the Chief of Polio of the 30 City of Anaheim, on or before the 10th day of each month, a report under oath on a form to be prescribed by the City 31I Council, showing the quantities of alcoholic beverages sold or i delivered to each "On Sale" or "Off Sale" licensee during the 32 I preceding calendar month. If any such manufacturer or whole - 3. 1 ',' saler shall, after obtaining such license, -fail to submit any such report, the City Council shall in their discretion revoke 2such license. 3 (b) Each manufacturer and wholesaler within the City of Anaheim shall on or before the 10th day of each month, furnish 4 ! to the Chief of Police of the City of Anaheim, a statement under oath showing the quantity of alcoholic beverages sold 5 for resale during the preceding calendar month to each "On Sale" and "Off Sale" licensee within the City of Anaheim. a 7' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 14 of said Ordinance No. 575 is hereby amended as i follows: SECTION 14. "ON SALE" LICENSE. For every person conducting or carrying on the business of alcoholic beverage dealer, under a "On Sale" License as hereinabve defined, the license fee shall be the sum of Twenty-five (25.00) Dollars per year, payable semi-annually in advance on the first day of July and January of each year. First payment to be prorated to July 1st, 1933. j "OFF SALE" LICENSE. For every person conducting or carrying on the business of alcoholic beverage dealer, under an "Off Sale" License as hereinabove defined and restricted, the license'. fee shall be the suns of Ten ($10.00) Dollars per year, payable semi-annually in advance on the first day of July and January of each year. First payment to be prorated to July 1st, 1933, "WHOLESALE" LICENSE. For every person conducting or carrying on the business of alcoholic beverage distributor, under a "Wholesale" License as hereinbefore defined and restricted, the license fee shall be Three __i)ndred: ` u (4300.00) Dollars per year, payable annually in advance, commencing on the date when such license is granted. First payment to be prorated to July 1, 1933. Section 15 of said Ordinance No. 575 is hereby amended as follows: SECTION 15. No person shall be issued an "On Sale"License except cafes and restaurants doing a bona fide cafe or restaurant business, as hereinbefore defined, and said cafes or restaurants can only serve alcoholic beverages under such license with bona fide edible food costing not less than ten cents; and bona fide hotels which may serve alcoholic beverages under such license to their bona fide guests and none other; and clubs which may serve alcoholic beverages to their bona fide members only. Nor p shall any "On Sale" License be issued to anyone where the business to be conducted thereunder is located within three hundred (300) feet of any school, church or public park. In no event shall a "On Sale" License be issued to drug stores, grocery stores, confectionery stores, butcher shops, cigar stands, markets, dance halls, px)ol halls, theatres, lunch wagons, street stands, or other businesses which may operate a light lunch, soda fountain, cold drink stand or eating place in conjunction with such other business. "Off Sale" Licenses may be issued to any drug store, grocer confectionery store, or any established retail store in the City of Anaheim which is not located within one hundred (100) fe 4. i f 1 of any church, school or public park. It shall be unlawful for any holder of an If Sale" License to permit the consump- 2 tion of alcoholic beverages on his premises, or on any public 3 street, sidewalk, alley, lane or other public place,or to permit on said premises or place the opening of the original 4 packages. 5 SECTION 15J. It shall be unlawful for any operator of any cafe or restaurant licensed hereunder to display the words "liquor", "bar", or "saloon" on any part of said premises. 8 All apparatus connected with dispensing of the alcoholic bever- ages by cafes and restaurants must be partitioned off from the 7 room where the beverages are served, and the entrance to the 8 !, dispensing room is only for the use of the waiters, the owner, his servants or employees. No alcoholic beverages shall be 9 served except at tables or counters in cafes or in rooms of bona fide registered guests at hotels. 10 � Section 24 of said Ordinance No. 575 is hereby amended to 11 read as follows: 12 !, SECTION 24. No person holding a "On Sale" License shall 13 be permitted to do or maintain a street curb business nor to dispense or serve alcoholic beverages to any person in any 14 behicle, and no alcoholic beverages shall be sold, dispensed or offered for sale excepting between the hours of 8:00 o'clock 15', A.M. and 12:00 o'clock midnight. 16' 17 SECTION 2. All ordinances and parts of ordinances in con - 18 flict with this ordinance are hereby repealed. 19 SECTION 3. The City Clerk shall cause this ordinance to 20 '' be published once in the Anaheim Gazette, a weekly newspaper 21 printed, published and circulated in said City of Anaheim, and 22 shall take effect immediately upon its passage; and the City 23 !, Council does declare that the above ordinance was passed as an 24 urgency measure upon the following grounds, which facts con - 25 I," stitute the urgency: The State of California has adopted a 26 law limiting the license fees which may be charged by munici- 27 28 29 palities for the sale of alcoholic beverages, and as said law is in conflict with the ordinance heretofore adopted by the City of Anaheim the city does not now have any ordinance 30 '' to cover the licensing of the sale of alcoholic beverages, 5. 1 end the City Council declares that for public interest this i 2ordinance take effect immediately. 3 4'i; The foregoing ordinance is signed, approved and attested by 5 '! me this i `' day of 1933. e 8 it Mayor of the City of Anaheim. 9 i 10 r Attest: 11 �' 12 I City Clerk of the City of Anaheim 13 14 I 15 i I 16' 3� 17 �l 18 j k 19 i 20 21 22 j i 23 24 25 26 E 271 28 29 30 I 311 i 32 I I 6. i a 1 2� IM 4 5 6 7 i 8 9 10 11 i R 12 13 i 14 15 l 16 17 i 199 9 i 20 21 22 3 23 � 24 2b 26 27 i 28 i 29 30 a 31 1 I 32 STATE OF CALIFORNIA COUNTY OF ORANGE ) SS. CITY OF ANAHEIM ) I, J. W. PRICE, City Clerk of the City of Anaheim, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Anaheim held on the '4_,day of , 1933, and that the same was passed and adopted at a regular meeting of said City Council held on the _Y' _day of 1933, by the fallowing vote: AYES: Councilmen NOES: Councilmen ABSENT AND NOT VOTING: Councilmen And I further certify that the F,iayor of the City of Anaheim signed and approved said ordinance on the _day of YLL4L , 1933. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim, this qday of 1933. 1� /City Clerk of the City of Anaheim.