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HomeMy WebLinkAboutORDINANCES - 02071921 - 0157 LRDTITANCE TES. 157. AN OBDINANCE PROHIBITING THE SAU., MANUF GWR : Us nZUSSION OR IRA STORTATION OF I OX CAT I G Z I QHORS �INC The Board of Supervisors of the 'Counter of Oontra 'Costa, State of California: do hereby ',ordain as follows': SEC�ICS I. When used in this Card inan ce ' (1 ) the word "ligaor'l car the phrase "intoxicating liquor" shall be consr;rued to include alcohol, brander, whiskey, rum, gin, beer, a..e, porter an wine, and in a.ddit- ion thereto any. spirituous: vinous, malt, or fermented 'liquor, 1i- quids, and compounds, whether medicated, proprietary. patented, ' or not , and by whatever name called, ' containing one half of 1 per cen- tom or more of aloohel by volume which are' fit for use for beverage purposes; Provided, that the foregoin definition shall not e%- tend to dealoohol.ised wine nor to ars I �everage or liquor produced. by the. process. by which beer, ale, porter or wine is Produced, if it coh ains less than one half of 1 per centum of 11chhol by volume, and is made aj prescribed in laws enacted, byCon.gress, and is otherwise denominated thy, as beer, ale, or ;porters and is contained and sold in, or r�xm such sealed and ,labe'l ed both es, casks: orcontainera as the United States Commissioner of lnter Fevenue may bar regulation prescribe. The w rd "parson shall mean and include naturA1 persons, asscciat ore copartnerships and eorporation8. � C�IOI� ,II. No person shall manufacture, sell,barter: transport, ' import, expert, deliver , furnish or possess any into icatpi g ILiao r excegt as authorized in: this 0.rd mance, and all the provisions of this Ordinance shall be l.iberally construed to the end that ithe .se of intoxicating liquor as a beverage may be prevented, Liquor for nonbeverage! purposes and wine for sacramental purposes may be manufactured, purchased , sold , bartered, transport" ed, imported, exported, delivered, furnished and possesSeds. but only by a person holding s valid permit from the On,11.ed' States Internal Revenue 'Department, ate. only 'in accordance with the laws of theTnited State;, Provided, nothing in this Ordinance sh411 prohibit the purchase and sale ofwarehouse: receipts covering distilled spirits on 'deposit in :Governmen.t bonded warehouses, and no special tax liability shall attach to the business of purchasing and selling such Warehouse receipt s SEW ON 411- T The articles enumerated in this section sh&lI not, after having been manufactured and. prepared for the market ' be sabj ct to the Provisions of this Ordinw3aes if they correspond ith the follow-iii descriptions andllimitations, namely (a) Denatured alcohol or denatured rum produced and us ed66 as provided' by laws 'and 'regulations now: or hereafter in force. ' Medicinal 'preparations manufactured in accordance with formulasprescribed by the United States Pharmacovoeia, rational orrmu .ary or the American. Institute of Romebpathy that are unfit for use for beverage purposes. (c)' Patented, patent, and proprietary medicines that are an- fit' for use for beverage purposes. d To.ilet., medi.cinal., and antiseptic preparations and soluta.ons, that are unfit for use for be ver a purposea. (e3' Flavoring extracts and syrups that are unfit for use as a brage', or for 'intoxiaating beverage' par use . (f) Vinegar and preserved sweet cider A person who manufactures any of the articlea mentioned in this sectio# may 'purchase' and ',possess liquor for that purpose, bat he shall' secure permits from the plaited Mates roternal Revenue Department t o marufaoture' such articles and to purchase' such liquors give the bonds# keep the records, and make the reports specified by the 'laws' enacted by Congress' and as directed by the UnitedStates Commissioner of Internal Revenue* o. each ma.nu- facturer shall sell, use t or dispose of any liquor otherwise than as an ingredient of the articles authorized to ,'be mana-� tared therefrom. NO mere alcohol shall be: used in tie manufacture of any ',extract syrup, or the articles named in para `aphs' b,c and d 66 6 of this sect ion which may be .sed for beverage 'parp'oses than the quantity'; necessary for extraction or eolution of the elements con- tained therein and for the preservation of the article. ' Any person who shall knowingly ugly sell any of the articles men- tioned in paragraphs a,b,Q, and d of this section for beverage purposes, or any extract or syrup for intoxicating 'bevera.ge purposes, or who: shad l ' sell any of the same 'under eireumstances from which the' seller might reason.ablydeduce the 'intention of the 'purchaser to use them for such purpoee's, or shall sell any beverage containing one ha"f of l per centum or more of aloohol by volume in which any extract, ;syrup, or other article is used as an ingredient, shall' be subject to the penalties as herein provided. S" Ci I � IY. No one shall manufacture, sell, Purchase, transport, or pres- cribe any liquor without first obtaining a permit from the United St at as Gommissloner of Internal revenue, so tQ do, except that a person may, without a permit► purchase and use liquor for medio3 nail pu.rpsses when prescribed by 66 physician as herein provided and except that any person 'who is condacti.ng a bona did e hospital or sanatorium engaged in the treatment of persons suffering from alcoholism, may under such rales,' regulations and pond ti.one as the united Mates Go inissioner 'of Internal, Revenue shall' prescribe, purchase, and ease, ' in accordance with the methods in 'use in sa ch6 6 institation, liquor to be adn ini st ered t o' the pat ient s' of such i.n.sti tut s on. under the direatIon of a duly qualIII ed ',phys'ician amployed by such institution. 777777 Nothing in this Ord,inanee shall be held to apply to t a manufacture, 'sale, tronsportation, posseesic�n, importat €�n3 ;or tributi.on of wine for sacramental purposes, or like regio ae rites, by persons holding a valid permit therefor from the unit ed States Internal. Revenue Department . No person t o whom such permit may be Ise Lie a t o manufac'tare transport, import or se's crines fvr sacra mental porposea cr Like religious rites shall sell, barter, etcbange , car fa nish any such to any person not a rabbi# rni.ni.ster oo the gospil , priest, or an officer duly authorized for the purpose by any church or. congregation, 'nor to any such except upon an applicationduly sub- scribed by him, which application, authenticated ae regulations MW prescribe, shall be file; and ',presex4ed by ;the seller. SECTION V* No one bgt a physician holding a permit from the Unit ed 3tat'es Internal. Revenge Department to prescribe Iiluor shall issue any prescription for liquor, And no physician shell prescribe liquor unless after careful physical exami.nat ion of the person for. whose use such prescription is sought , or if each examination is found impracticable, then upon the best information pbtai noble, he in goad faith believes' that the use of such 'ligaor as a medicine by such person is necessary and will afford relief to hi.: from sots know. ailment• Not more than a pint of spirit aus liquor to be tekeninternally shall be prescribed fo,ruse by the ,same person within any ',period of ten. days and no prescription, shall be filled more than ones. any pharmaoist filling a prescription shall at the time indorse upon. It over his 'ovin signature the word "cancelled"; together with the date when the liquor w4a delivered, andthen s e the sa ge a part of the record that he is required to keep ae herein. prov4 ed. Every physician who issues a 'prescription for liciuor shall, keep a record, alphabetically', arranged in $ book prescribed' by the United States Commissioner of Internal Revenue: which shah show the date of issue, amount prescribed, to whom issued, the purpose or ailment for which it is to be used and directions for use, stating the amount and frequency of the dose. No person shall ;manufacture, ,purchase for sale, sell: r tranaport any liquor 'without making at the time S permanent record thereof showing in detail the amount and kind of liquor manufactured, purchased, sold, ' or transported, together with the names and addrese - es of the peraons to whom sold, in case of eal;e, and the consignor and consignee ,. in case of transpo rtati.on, and the gime and place of such manufacture, sale, or transportation* qT1 ICER X11 I« All' manufacturers aril wholesale or retail: druggists, hold- ing United States Internal. Revenue permits shall keep as a part of the ' records requ red of them a copy € f all United States, permits to purchase on which ' a sale of any liquor is made, and no manufacturer or wholesale drug giat shall_ sell or otherwise dispose of any Ii€ uor except at wholesale and only to persons hewing United States perms is to purchase ,in such quantities« , . ,.�1011 yI Z I« All person"-- inansfacturing liquor for sale under a United States internal Revenue permit shah securelyand permanently attach t every container thereof, as the same Is manufactured, a label stating mane of :anaf acturer, kind and quank lty of liquor contained t c-z.-vin., and the date of its manufacture togeth( with the number of the permit ;.authorizing the manafaeture thereof, and all 'persons possessing such liquor in wholesale quantities shall securel-v keep and maintain such label thereon; and all perso selling at wholesale shall attach to every package of liquor: When solo, a label settin Orth the kind and quantity of liquor contained therein ,,by whom manufactured , the date of sale, and the person to ohom sold ; which' label shall. likewise be kept and maintained thereon until the liquor is used for the purpose for which such sale was authorized. It shall be the duty of every carrier to make a record at the place' of shipment on the receipt of any liquor transported , and he shall' deliver liquor only to persons who present to the carrier 'a verified copy of a. United States Internal Revenue permit to purchase which s`lUl be made a part of the carrier 's permanent record at the of Lice fro_ v hitch delivery is made. The agent of the common carrier is hereby authorized to admin- istr the oath to the consignee in verification' of the copy of the permit presented, w o, if not persona?ly k.o n' to the agent, shall be identified before the 'delivery.' of the liquor to hire. The name and address of the person identifying the consignee shall be included in the record. S.EGTION X. It shall be` unlawful' for a person to use or induce any carrier or any agent ' or employee thereof, to carry or ship any package or receptacle containing liquor without notifying the carrier oil the true nature and character of the bi.p e €, .' Do' currier shall transport nor shall any person receive liquor From a carrier unless there appears on the '.out ide of the package containing such liquor the following information; Name and address of the cone gnor or seller, name and, ad- dress -dress of the consignee, kind and quantity of liquor, contained therein, and number of the permit' to purchase or ship the same, together with the name and address of the 'person using' -ft permit. It shall beunlawful for any consignee to accept or receive any package cont ai.ni�g any liquor upon. Which appears a st at ement known to him to be false or for, any carrier or other person to aono gas ships transport,' or deliver any such. package, Knowing such statement to be false. It shall be unlawful to dive to any ctwrier or any officer. agent , or person acting or assumi.n, to act few.` such oarri,er an order requiring: the d el iv ery t o any p ere on cid' any liquor or ��kage Out ain� Ing liquor consigned to, or purporting br claimed to be consigned to a person, when the _ uz�pose of 'the ender is to erabl a ani person R not an actualbona fide consignee to obtain:. such Iiquor. B' 1t ' XIII. It shall be unlawful to advertise anywhere 4r by any mans or method', liquor, or the manufacture, sale, keeping far sale or furnshig of the same, or where, hoer: ;from whom, or at what; prise the same ;may, be obtained, o cne ' sha11 permit' any ; sign or bi 2lboard containing auch adv a rt is ement s' to remain upon one 's premises.. But nothing herein shall prohibit manufacturers' and wholesale druggists holding valid united Stags permits to sell l quor, From furnishin price lists, with description of liquor for sale, to persona pitt- ed to purchase liquor, or from advertising alcohol in business publiaa- tion or trade journals, eircal sting gen.eraally among ma4afacturers of lawful alcoholic perfumes, toilet preparations, flavoring extracts, medi;vinal preparations and like articles. provided, however, that nothin i this Ordinance' shall apply to the newspapers' published in foreign countries when mailed 't o this country. PlECT ION Ili It shall be unlawful'' to advertise, manufacture, aell, or possess for sale any utensil, contrivance, machine, preparation, com= po and , tablet, substance, form Ia direction, or realp advertised, designed,' or intended ;for use in the unlawful manufacture of intoicat- ing liquor. SECTION XV. �o person shall solicit or receive, nor knowingly' permit his employes to solicit or receive, from any person' any 'order for liquor, or give any information of how '1i.quor may be -obtained: in violatiori of 'this Ordinance. SECT IQN1 XV1 It shall be unlwfzl to have, poesess, transport or manufacture any liquor or property designed for the manufacture of liquor intended for use in violating this Ordinance or which has been 'so used, and no property rights shall exist in any such liquor or property, A search warrant may issue as provided in Title Xl of public law num erect 4 of the Sixty-fifth congress, approved dune 15, ln7 , and such liquor,' the containers thereof, and such property, so seized shall be subject to such diaposition as the court may make thereof. If it is found that such l.ilgitor or. property was so unw lawfully 'held, possessed, transported, or manufactured, or had been so unlawfully used , the liquorp and all property designed for the anla ful 'manu.faeture of Liquor, shall be dextro ed, unless the court shall otherwise order. No search. warrant shall, issue to search any pri.vats dwel.l .ng occupied as :sdch unlees it is beim used for the unlawful sale, or manufacture' of intoxicating liquor or; unless it is in ;partused for some business purpose such as a store, sb op, saloon, restao.rant, hotel., or boarding ;house, the farm "'private dwelling" shall be construed to include the room or rooms used and occu sd not transiently bat solely ' as a residence in an apartment house, hotel,; or boarding house, The property sized on any s ch warrent shall+ not be taken from the officer seizing the aa.me on any writ of replevin or other 31ke ''process, y Justice of the peace, pity 7777 Recorder, Police Judge, Superior Jadge or any ;Judicial officer having Jarisd'iction any place wit h n this ;aunty shall have the samepower to issue search warranvs and warrant's for arrest ';now exercised by a United'' Stades Gommissionery United States Jadge or other <United States Judicial officer. SAC ION ZVII. All officers whose duty it is to enforce criminal laves, shall have all the peer and protection in the enforcement of this Ordinance or any provisions thereof which is, ccr-ferred 1by existing lams for the enforcement of laws relating to the manufacture or ale' of intoxicating liquors ander the laws of the United States. Any person' who ' shall violate any of the provisions of this Ordinance is guilty of a misdemeanor, and upon conviction thereof half be 'punished) by imprisonment in the County Jail not lees than thirty days nor more Char, six months, or by a fine of not more than five Hk ndred dollars, or by 'doth such fine or im. iso went penalties provided in this Qrdi;nence against the manufacture Of liquor 'without a, permit shall not apply to a. person for ma.nafactur- ing hon-intoxica,t ng cider and fruit Ja.ices exclusively, for use in his home! but such cider and fruit juices shall not be sold or delivered 'except to persons having permits to manufacture vin -gar. No person shall be excused, on the ground that it may tend to incriminate him or subJect ;hire to !,'penalty or forfeiture, irom attendi and te€�tifing,' or prodci boos, payers, documents, and other evidence in obedience to a s .bpoena of sn court in any suit or proceeding based upon car grcwi out of any alleged violation of this Ord inanoel, but no ' atural. person shall be prosecuted' or subjected to any penalty or forfeiture, for or on account of any transaction, matt er or thing as to which, ir, obedience to a subpoena and under oath, he may so 'testify or produce ev'idenoe but no person shall be exempt from prosecution and punishmentfor' perjury ,committed in so testifying. �fI ?T X1. In case of a rale of liquor where the delivery thereof Vas -adP ';bv a co on or other 'carrier the sale and delivery shall be deemed to be made' in the county, d .strict, ;or city Where in the delivery was r-de' by such 'carrier to the consignee, his agent or employee, or in the county, District, or pity, wherein the sale utas made, or from which the shipment was made, and prosecution for such sale or !delivery may be had in any such county, district, or city In any; affidavit, information, indictment, or complaint for the violation of this Ordinance, separate offenses may be usi.ted in separate counts end the defendant ray be tried on all. at one triol and the penalty for all off'ens'es may be impoeed , It. shall not be necessary ire any sffida.vit, Information, ind lat M ent, or camplai)it : L LLto give the nye of the purchaser or to include ' any ;defensly negative averment a, blit It '. shall be' safficien.t to state that the act o€�mpIained of was then and there ;prohibited and anla'Wful, bot this :pr Ov eic shall not be construed to preel ud e the trial court fr�M directing the u rn a shirr; the defendant a' bill. of part: cul ars when it deems it roper to do so. iCT If ' . .�..j,_.�...-, he piossessio li guars by an y Pers on not l e eoal.y permitted LL under this title to possees liquor shall, be prima cie ev�,denee that each l�.gcr is kept for the purpo of be�.n sold. bart Bred, ec3as .. ed, given aw£ y: furnished, or otherwise dapoSad of in �riQlation 4f the ,provisions of this title. But it ball not b n .al to poe ligaars n ane private dwel"ling; while the same is occupied and aced b. him as his dw.efling only and such uor need nobe repted , pr€�vded such liquors are for use only for the personal conso. pton of the owner 'thereof and is 'a,Mily residing in. such dwelling and € his bona fide guests when entertained by him therein L aid the burden Of proof shall be upon the possessor in any aot ionL concernin g this same ' to prove that such l gaOr was lawfully acquired, possessed d used'. SECS IQ X XXIIZ. I X11 records and reperteept or ild ender the prt,v alone of this Ordinance in.a,n;e shall be subject' to inSpec tion at any reasonable hour; by o ty,' district, township, or county officia�.8 or any of their agent s 'or b am pa l.ic prase0at�r or b7 any perLL son d esi aced by him, or by any pe ane of(icer in the countyLL rhere the reccrc s dept and copies of such records and; reports :zl. , dy certified b� thLL e person wi .. I. M. �. 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