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HomeMy WebLinkAboutORDINANCES - 05061890 - 0057 4 n OrdiT-ance To Lice-se and T�e{elate the Sale of Tntoxic�atir-. LigTiors. ra }oard of Suneiwisors of the (;a,inty of :Contra Costa, do dr 1 ; dair- as follows, E _ Section I . rivery persop-, firm or corporation, who at the time of the tak p. E irfµ of Pect of this Ordinance, shall be arga#rod in the business >i `= of sellirF-,,, sriri tuous.malt, fermented, or�, toxicatirT lim.io-VIS or wines,in quantities less than one quart,and every person. pe _ firm. or corporation who shall thereafter en?°a:-,e in such sellin 'must before so doin�,obtain a license therefo as in this Ordin a=.acs _ provided, which incense shall not be granted for less than one year,and for which license said a-pplicat shallpay One 13undrOd Dollars per year, yearly i n adva-ce. Section 2. { ;very applit,art 'for a license to sell spiritt1ous ,malt,', for in quantities less than one quart �r�onted,dr intoxicating; lq� ors or wines apFear perso?-ally a-fid present a peti- on to the t3oard of Supervisors, sinned hyw such applicatt which petition -must state ip substance thal� such applicant, is desirous of obtaining; a license I rom the `Pax Collector authorizing such applicant to sell spirituous�r�alt, fermented, w-lqd intoxicatir�r liquors aW. wines , in qua--ratities F less than one quart, and the petition must particularly des- cribe the locati.onofthebijildinFr,tenement or It. puce, to n which e such is proposed to be carried on; that t, in case a license shall be granted, he or she will keep an orderl-y and respectable place at which such sellin�� shall be carried on , i that no fig h�,i? fr zarrelin� or disorderly co�--nduct shall be q y permitted therein; t,bat no ;carne of chance shall be p layed *therein Frith dice or cards for, money or checks; that no 's�airituc�_ s , nialt, fermented, oi- intoxirat r <r liquors or wines 'shall �e sold� r given, either directly or indirectly,to any t MITIor under eighteen years of age, for his own use, nor for the of such minorparentg , guardian or any other -Person, }nor' to an habitual drtn ard,an. intoxicated "person, or an India and pray that an order be gran ed to such applicant for fi also such license. Stich petition anzi�sthhave endorsed thereon a car } tiff cafe sued by six citizens ' j all of whom Aw � l shall thereafter be disqualified for one year from sitT nf� ayr } other similar certificate, and such citizens- tttch mus�L be residents of the school district within which sellin to be carried on., and liz either case the certificate Rist be x s � erit s e x c ,.,.ZWjXPq ME*tux'sMarx eaRigXt ax iwu flu to the followinv effect: } S TA'!1 Cl CALIFO Tw1IA, 3 � ss' Court of Contra Costa I de hereby certify that I am acquainted with(naaning appli- cant) petitioner named in the within petition, that he or she is a person of good moral character and a suitable amd proper person to be intrusted with the business of selling sp rituou% malt,fermented or intoxicating liquors or wines, and that I verily believe that if a license be granted as prayed for a z r strict compliance will be had with all the promises set forth in saidetition p Dated Signature of 4 m and citizens. I'rvidedi.at no petitionL shall be entertained or license f rued 13o.. en whose place -of selling shall hereafter be located within five hundred feet of a public school house. Section 3 The petition must, be also accompanied by a deposit of one hun•- dred dollars to be applied in payment of one. ear's license if the petition is FranTed, and r@Turned if the �€ zivze l: tsame Section 4. If the Board shall be satisfied from the petition or other ev= iderce; that the applicamtax is a fit and doper Urso n to be intrusted with such selling,the Board may ca use an order to be issued to the `fax Coll ector,authorizinF- him to issue a license to the applicant to sell spirituous, malt, *,V ferriontttd ` and intoxicGtin lir!t o s aa�d vines at the place and in the quantity prayed for in the applicant's petition, and no such s 3 license shall be issued by the Tax Collector to any applicant • without the order of the Board , attested by the Olerk or a certified copy thereof; nor until such applicaMmi shall have 3 given to the Tax Collector the individual bond of such appli cant in he sum of 4'500, conditioned in substance,that he will pay all damages that any person. may sustain n his person,farn I ily or property by or trrouh intoxication produced by either x= or any of the spirituous, male fermented or intoxicating liquors or wines ,furnished either directly or indirectly to such person by satH applicant , or his agent or servant not exceeding, five hundred dollars, and in addition. thereto such Ev H ,p reasonable attorney's fees as may be fixed b.v the Court for IM FE prosecuting; an action or ac-to brought on the bond, Section 5. E l'-he Tax Collector upon the receipt, of the said order of the .Beard or a certified copy thereof and on the payment to him of they sum. of one h1indred dollars for such license for one t ' year,shall issue to such applicant the required license for 9� the term of one year. SectionC. The Board of Supervisors shall at all times have jurisdiction and control over all licenses issed by autrohity of thisw f dinance, and any license so issued may be revoked as in Sec- tion Seven il, As Ordinance rrovidpd , a from the time of such revocation all +ho rights and privileges thereunder of the lice-isee�o sell spirituous , ma3t, ferrsnted, or infxica liquors or wines shall cease , and such license shall there -after he cull and void. i Section 7. 4 x case it shall be made to appear to the Board of Supe %- r visors by complaint or otherwise, that any person , firm or a corporation licensed by any of the provisions of thism Ordinan4o to sell spirituous, malt, fermented, or intoxicating liquors o E or wines , is not keeping an orderly and respectable place of business, or that fi ;htin quarrel -; reel or disorderly conduct is permitted at such place business , or thaA-1 such spirituo s, malt, fermented or intoxicating liquors or wines are beim- sold or (,riven away, either directly or ndir€�c tly, r3 to any minor under ei rhtee„ years of are, for his own use or x 6 to be used by such minor' s parenor guardian, or for any other person , or to an habitual drunkard, or to an intoxicated person, or �)o an Indian, or that such licensee is not a fit or proper person to be intrusted with such selling' or Tk4Ac shall appear for an other cause reasonable, p p ,ro er orm 'necess- ary, pp ..; 3 the Board of Supervisors may sst ea a citation signed by q the 8hairman and attested by the Clerk under the seal of the zf County, directed to licensee,and shall state in general the t r cause for which the citation is isseed, and to require the E� licensee to to be and appear before the Board of Supervisors A at a time and dace therein merfiored,and show cause::: if any he has , why his license should be revoked. The citation x shall be s6pred ' by the Sheriff in the same manner that a sum- ,less mons in a civil action is sesrved, and not than ten days be fore the time set for appearing, at the time set, or at k such time 'k\asthe hearin!, may coy#ai�i*�ed ,if it shall appear } from )he evidt e prods?ced that the licer, j has been ("Uil--';y o*' a breech of the conditions of his license tndor this Ordinance .►, or � f any other suf ficen:t cause appear therefor;'` or if such EY; lice, seeo cited shall fail to appear, the Board may enter an i' order in its minutes rnvolfing the license of such licensee, } and from the time of such revocation such license shall be null and void. 14 Se�t�d►.n 8. No license granted by authority of this ordinance' is trans-fer- able, nor does any such license authorize the selling of spir- ituous , malt, fermented or intoxicating liquors or vines at K� any other place than that specified in the license, e xcept in ' case of removal by the licensee to another place inthe same } school district, ' in which event the licensee shall obtain the co} sent of the Board of Supervisors for such removal , and if t j pthe licensee shall obtain such consent he shall not be re- quired e-quiked to take out a neer license. Section 9. 40 license shall be required of the manufacturer to sell his oim productions at wholesale. Sectoin 10 ki 1 i3 The license to sell spirituous,,-halt, fermented, or intoxicat, ng liquors or wines at the County Agricultural Fair Grounds , Burin,; the continuance of said Fair shall be Twenty-five dol ars• Section It . t -lvery person having a license to, sell spirituous , malt, fer- ,entedor intoxicating .liquors or eines, who gives away to any )erson any spirituous , malt, fm-ented or intoxicating; ligours or wiles to be used .for drinking;, shall have his license re- oked by the Board of Supervi -cars, in accordance with the rovis ops of tk.is ordinance. Section 12. s Section 1 . If t e provisions of this ordinance shall not be construed as af- fctirtr; ary license in force at the time of takit? affect of this ordinance , but such licensee may continue business undere El E s1.17h license for the, time it zeas issued, the same as though this o dii ante had of been passed, but to continue such bus - nessxxitm +.,hereafter, a license must be obtained as provided jq ?y this ordinarce. E Section 13. vlheW any person shall desire to obtain a license tinder the P provi si.omof this ordinance, before a meeting of the hoard of k Supervisors shall take place, the petition and certificate Irr 'I 11 herein fore provided for shad be presented to the merher of 3 the Board of Suponrisorafor the districtj in whicItsuch sel,3in, g is proposed to he carried on, who, if he shall approve the 1 - same, shall endorse on the petition the following to mit, i "Let, a temporary license issue to the within applicant. p Dated Supervisor of District 'o. » k , and upon presentirp said petition, seg #ndo sed, and certificate ' and the amount of one yeaA ki<ii license to the Licence Col- F lector, he shall he entitled to receive a temporary license, valid until the Board of Supervisors shall pass upon his appl4 -cation for a license at a meetin{ of 'the Board , hL'Tt' , if 3 the Board shall approve Lhe application, a license shall issue ` as in other cases, dating from the time of the commencement of such selling h the a lira ' If thea lication should Y lop pp not he approved and license granted to the applicant, the amaa . deposited with the License Ank Collector shams---Il he x refrr+ l -ed to the applicant and such temporary license revoked. Section 14= g All ordinances and pmts of ordinances in confl. --- ct with the i provisions of this ordinance are hereby repealed. Section i5. ' his a?;finance shall take effect and be in force on the 2A'th �T of Aay A. U0. � 1 firman f Clerk of said Board of -OIL The foregoing Ordinance was passed by the following, vote, viz; 1 Ayes, W t n©eS, } T kF a s P p3� xPx��c K g� 1 t e e 3333333 gg g gg i a f L� a i3 1t £s t S� € F b z� t�