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ORD. No.
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ORDINANCE NO. 272.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA
LICENSING AND REGULATING THE MANUFACTURE, DISTRIBUTION AND SALE 0
ALCOHOLIC BEVERAGES WITHIN SAID CITY OF ARCADIA: PROVIDING A PEN-
ALTY FOR THE VIOLATION THEREOF AND REPEALING ORDINANCES NOS. lSS'
AND 269 OF SAID CITY OF ARCADIA AND ALL OTHER ORDINANCES OF SAID
CITY OF ARCADIA IN CONFLICT THEREWITH. .
THE CITY COUNCIL OF THE CITY OF ARCADIA DO ORDAIN AS FOL-
LOWS:
SECTION 1: That it shall be unlawful for any person to
manufacture, sell, store, serve, give away, transport, import,
export or have in possession any Intoxicating Liquor for or cap-
able of being used for beverage purposes, wi thin the corporate
limits of said City of Arcadia.
SECTION 2: That for the purposes of this Ordinance the
words "Intoxicating Liquor" is hereby defined to be any
malt, spirituous, vinous, fermented or alcoholic liquor
distilled,
which conJ
tains more than one-half of one percent, by weight, of alcohol,
and all alcoholic liquids and compounds whether proprietary, pat-
ented or not, which are fit for use for beverage purposes or cap-
able of being so used, and which contain'more than one-half of
one per cent by weight, of alcohol, provided however, that
herein contained shall be so construed as to extend to nor
nothing
I
include
dealcoho1ized wine, nor any beer, Lager beer, ale, porter, wine
or any other malt or vinous liquor or fruit juices that do not
contain more than 3.2 per cent, by weight, of alcohol, and provid d
further, that no dealcoholized wine, beer, Lager beer, ale, por-
ter, wine or other malt or vinous liquor or fruit juices not here
in prohibited, shall be manufactured, sold, stored, served, given
away, transported, imported, exported, or possessed within said
City of Arcadia, except under such rules and regulations and upon I
the issuance of such permit and the payment of such license fees I
as are prescribed by this Ordinance. I
SECTION 2: As used in this Ordinance: I
(a) "Person" means and includes every natural person,
partnership, club, social club, association, company, corporati on 'I
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organization, or manager, agent, servant, officer or employee of
any of them.
(b) "Manufacturer" means every person, who within the
City of Arcadia, produces, brews, ferments, or manufactures a
beverage as herein defined.
(c) "Sale" means and includes any sale, exchange, bar-
ter, or other act whereby the title to a Beverage is transferred,
for a consideration, from a MANUFACTURER, liON SALE LICENSEE" or
"OFF SALE LICENSEE", as herein defined, to any other person and
the words "Sell" or "Sold" mean and include the act of making
any such "Sale".
(d) "ON SALE LICENSE" means and includes a License to
sell Beverages at retail for consumption only on the premises in
respect to which the Licenss is issued.
(e) "Off Salel'Licenss" 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.
(f) "PACKAGE" means and includes any container or reoept-
acle used for holding or containing beverages, which container.
or receptacle is corked or sealed.
(g) "CORKED" and "SEALED" shall mean and include c1l.osed
with any stub, stopper, or cap, whether made of cork, wood, glass"
metal or other material.
(h) "PREMISES" as used in Subdivision (d) hereof shall,
when applied to Drive-in eating places, include the Stand from
which meals are served and the grounds immediately surrounding
such Stands on and from which meals are served, in the usual and
ordinary course of such business.
SECTION 3: Nothing in this Ordinance contained shall be
deemed or construed as prohibiting in such City of Arcadia:
(a) The manufacture for sale, or sale in Packages of any
Alcoholic Beveragel' not to be consumed on the premises, by any
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person holding a valid unrevoked Manufacturer's License, provided
for herein.
(b) The service of any Alcoholic Beverage in any private
home to members of the household residing therein, or to any bona
fide guest therein, if such private home is not a place of public
resort, and provided that no money or thing of value, or valuable
or good consideration is, or is to be, given or received as a con-
sideration for the service thereof.
(c) The distribution, service or use of Wine at the sacra-
mental service of any bona fide and duly organized Church, or Re-
ligious Body.
(d) The furnishing by any duly Licensed Pharmacist of
any Alcoholic Beverage exclusively upon the written prescription
of any person authorized by any law of this State to prescribe
Alcoholic Beverages for medicinal purposes.
(e) The sale of any Alcoholic Beverage or Beverages in
any "PackageR or sealed container,at any place of business within
the City of Arcadia, the owner or proprietor of which place holds
a valid "0ff Sale' License" provided for herein, provided that no
part of any such beverage so sold shall be consumed or drunk on
the premises where sold.
It shall be unlawful for any person to drink or consume
or for any Licensee hereunder to cause or permit to be drunk or
consumed on such premises, any Alcoholic Beverage, or any portion
thereof, or for any person to open, uncork, or unseal, or to
cause or permit to be opened, uncorked or unsealed on such pre-
mises any such container or package, or to have in his possession
on such premises any such PaCkage or contalner which shall have
been opened, uncorked or unsealed.
(f) The service of any Alcoholic Beverage in any Club,
Social Club, Restaurant, Cafe, Lunch Room, Hotel or other place of
business, the owner or pr~prietor whereof holds a valid liOn Sale
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License" provided,for herein.
Any such Alcoholic Beverage shall only be served to a
person or persons each partaking therein of a bona fide meB~ or
lunch, for consumption with such meal or lunch, and no part there
of shall be served to any person to whom such a meal or lunch is
not being served. For the purposes of this Ordinance a so-called
"Free Lunch" shall not be deemed to be a bona fide meal or luhch
within the meaning hereof.
It shall be unlawful for any person to sell, serve or give
away, or to cause or permit to be sold, served or given away, or
for any person to purchase, receive, be served with, or consume
any Alcoholic Beverage in violation of any provision of this Sub-
section.
(g) The sale of any Alcoholic Beverage by an, Wholesale
Dealer or Distributor to any Licensee holding a valid liOn Sale
Licensell or nOff Sale Licensell provided for herein.
SECTION 4: No license provided for herein shall be know-
ingly issued to any person who is not a Citizen of the United
States; nor to any corporation, the majority of the stock of which
is owned by, or held in trust for, any person or persons who are
not Citizens of the United States; nor to any unincorporated Firm
Association, Club, Social Club, or Organization, the majority of
the members of which are not Citizens of the United States, nor
to any person who has ever been convicted of any felony, or for a
violation of any law of the United States, or of any State, City,
County, City and County, or Governmental Agency regulating or re-
lating to the manufacture, sale, storage, gift, possession or
transportation of Alcoholic "Liquors', including Alcoholic Bever-
ages as herein defined, or relating to the possession, maintenance
or operation of any still, equipment, material or apparatus for
the manufacture of Alcoholic Liquor, including Alcoholic Beverages
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as herein defined, nor to any Firm, Corporation, ASSociation,Club!,
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Social Club, or Organization, any Officer of which, or any member
of the Board of Directors, or Board of Trustees, or Governing
Body of which, shall have been convicted of any felony, or for a
violation of any such law of the United States, State, City, Coun-
ty, City and County or Governmental Agency.
SECTION 5: Each License issued pursuant to the provis-
ions of this Ordinance shall be issued in the true name of the par
ticular Person beneficially interested and for which such License
is intended. It shall be unlawful for any person to obtain or
hold, in his own or in any other name, any such License as dummy,
agent, trustee, or other representative of the one beneficially
interested, provided that nothing in this Section contained shall
be deemed nor construed as prohibiting the duly authorized agent
of any Applicant from signing or verifying any application on
behalf of the one beneficially interested, subject to the pro-
visions of Section 17 and 16 of this Ordinance.
SECTION 6: No License provided for herein shall be
issued to any Applicant if the premises described in the Applica-
tion and for which such License is intended, is within a distance
of three hundred (300) feet of the exterior boundary of any parcel
of land upon which any publiC or private school or school play-
ground, publiC playground, or publiC park is maintained, not in-
cluding that certain Public Park or Playground in said City of
Arcadia situate East of Second Avenue, South of The Atchison,
Topeka & Santa Fe Railway Company1s right of way and West of Thir
Avenue, and commonly known as Second Avenue Park.
No License provided for herein shall be issued to any
APplicant if the building or structure in or upon or from which
any Beverage herein permitted to be manufactured, sold, stored,
served, given away, transferred, imported, exported or possessed
and situate upon the premises described in the Application and
for which such License is intended, is within a distance of one
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AME'NDED 22
ORD. No.
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hundred fifty (150) feet of'any Church building owned by any duly
organized religious org~ization and used exclusively for religi-
ous purposes.
,
SECTION 7: Each person conducting, managing or carry-
ing on in said City of Arcadia the business of manufacturing for
sale any Alcoholic Beverages, as herein defined, shall obtain a
License designated herein as "Manufacturer's License" and shall
pay to the City Tax and License Collector therefor the sum of
Twenty-five ($25.00) Dollars per half year or any fraction thereof.
No other provision of this Ordinance shall be deemed
nor construed as requiring any Licensee holding any License pro-
vided for in this Section, to obtain any other license, provided
for in any other Section hereof for the making of any sale, at the
Manufacturing Plant,of any such Alcoholic Beverage in Packages,
in the event that no part of the contents thereof is, or is to
be, consumed on the premises, nor for the taking of orders, nor
the delivery from such Plant, or from a Warehouse or storage
Place, to the trade or to the public, of such alcoholic beverage
in such Packages.
SECTION 8: Each person conducting, managing or carry-
ing on in said City of Arcadia the business or occupation of a
Wholesale Dealer or Distribut~mE~any Alcoholic'Beverage permit-
ted hereunder, to any License~R~oNf'ding a valid "On Sale License"
Y1<
or "Off Sale License", provided for herein, shall obtain a License
designated herein as "WHOLESALER'S LICENSE" and shall pay to said
City Tax and License Uollector therefor the sum of Twenty-five
($25.00.) l.Io1lB:rs per half year or any fraction thereof.
SECTION 9: Each person serving any Alcoholic Beverage
or beverages with any meal or meals, or with any lunch or lunches,
for consumption only on the premises in
License"
respect to which a Licensel
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was issued, shall obtain a License designated herein as "On Sale
and shall pay to the City Tax and License Collector
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therefor the sum of $6.0b per half year or any fraction thereof,
provided that the provisions of this Section shall not require an
employee or waiter of any Licensee to obtain any License in addi-
tion to that obtained by his employer.
SECTION 10: Each person engaged in the business, at
retail, of selling, furnishing or otherwise dealing in Alcoholic
Beverages in Packages for consumption off the premises in respect
to which a License is issued, shall obtain a License designated
herein as "Off Sale License" and shall pay to the City Tax and
License Collector therefor the sum of $5.00 per half year or any
fraction thereof; provided that the provtsions of this Section
shall not require any employee or salesman of any Licensee to ob-
tain any License in addition to that obtained by his employer and
further provided that no "Off Sale License" shall be granted or
issued to any person to whom has not been issued a License under
the terms and provisions of Ordinance No. 232 of said City of Ar-
cadia or any Ordinance amendatory thereof or supplementary thereto.
SECTION 11: The periods for each License issued pursu-
ant to the provisions of this Ordinance shall commence on the firs
day of July and January and shall be for six months, provided that
"on Sale Licenseanoperating for a period of six months or less,
shall pay a proportionate amount of the License Fee, which shall
not in any event be less than twenty-five per cent (25%) of the
annual rate. The License Fee therefor shall be paid in advance
to the City Tax and License Collector at the time the APplication
for license is filed, which fee shall be refunded to said Appli-
cant in the event that the license applied for is not issued.
No license fee paid pursuant to the provisions of this
Ordinance shall be refunded in the event that any such License
is revoked as hereinafter provided for, or if the Licensee, ex-
cept an "On Sale Licensee" ceases to carryon the business for
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which such license shall have been issued, before the expiration
of such period.
A separate License shall be obtained for each branch es-
tablishment or separate house or place of business, the address
or location of which shall be stated in the license and no such
License shall be assignable or transferable by the holder there-
of to any other person, firm, corporation, association, club,
social club, or organization.
Each such License shall apply Only to the particular pr -
'mises described in the APplication and License therefor and shall
not apply
prem~ses nor authorize any act, for which
on any other premises unless an Application
a license
to any other
"
is required,
for a transfer thereof to such other premises is made to said City
, .
Clerk and an investigation made and report rendered by the City
Council to the effect that such transfer may be made to, and the
particular business 'or activity may be maintained on, such other
premises without violating any provision of this Ordinance, or of
any other law or Ordinance, and such transfer shall have actually
been made by said City Clerk. In the event that such consent is
furnished and such report shows that such transfer may be made
lawfully, said City Clerk shall endorse on the face of the Orig-
inal License, or on a separate piece of paper, and on his records,
a transf~r thereof to such new location, which transfer shall be
made without the payment of any additional fee.
Any Licensee holding a valid unrevoked License issued
pursuant to the pr~visions of this Ordinance may have his License
renewed for a new half year period at any time, not exceeding ten
days before the beginning of such period, provided there is no
change of ownership of the business or location of the premises
covered by suc~ License. In the case of any such change of loca-
tion, a transfer of License may be made only as herein in this
Ordinance provided.
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SECTION 12: Each Licensee holding any License issued
pursuant to the provisions of this Ordinance shall at all times
. keep such License posted and exhibited in a conspicuous place in
the principal room of the place of business for which such License
shall have been issued.
SECTION 13: Any person desiring to obtain any License
provided for herein shall present, or cause to be presented to
said City Clerk a written Application therefor, duly verified on
oath by or on behalf of such APplicant, setting forth the follow-
ing facts:
(a) The particular kind of License desired;
(b) The name and residence address of the Applicant,-or
if such Applicant be a partnership, the names and residence addres -
es of each partner thereof; or if such Applicant be a corporation,
association, club, social club, or organization, the name and res-
idence address of each Officer and Director thereof, designating
which office or other connection each holds.
(c) Each city, together with approximate dates and ad-
dresses, in which applicant has lived or has been located, as the
case may be, during the ten year period preceding the date of ap-
plication;
(d) The exact address, location or description of the
particular premises for which such License is desired;
(e) The citizenship of APplicant; or if APplicant is
a corporation, whether a majority of the stock thereof is owned b
or held in trust for, a citizen or citizens of the United States,
or by or for any alien or aliens; or if applicant is an unincor-
porated firm, association, club, social club, or organization,
whether a majority of the members thereof are citizens of the
United States or are aliens;
(f) Whether APplicant or any member of the partnership
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or any Officer or Director of Applicant, as the case may be, has
ever been convicted of any Felony, or for any violation of any law
referred to in Section 4 ,hereof;
(g) Whether the Applicant whose name is shown on such
APplication is the true Applicant and the one beneficially inter-
ested therein;
(h) Whether the person who signs and verifies such Ap-
plication is the duly authorized agent of such APplicant;
SECTION 14; :E3,ch APplication for License made pursuant
to the provisions of this Ordinance shall be made in duplica~e,
on forms provided by said City Clerk, and shall be signed and ver-
ified as to the truth of the statements contained therein by the
APplicant, or by his or its duly authorized agent, both copies of
which Application shall be filed with, and the license fee paid,
to said City Tax and License Collector.
It shall be unlawful for any person signing and ver-
ifYing any such Application to make any false statement therein,
and, in addition to the penalties prescribed by the provisions of
this Ordinance, for any violation thereof, any License issued upon
any such Application containing any such false statement, shall be
subject to revocation as provided for in Section 17 hereof.
SECTION 15; Upon the filing of any such Application
for Original License, said City Clerk shall place the original
copy thereof in a permanent file in his Office and shall transmit
to the City Council the duplicate copy thereof. It shall there-
upon be the duty of said City Council to investigate the truth
of the statements contained in such APplication, insofar as prac-
ticable, and to ascertain if the issuance of the License applied
for may be lawfully made, in view of the provisions of this Or-
dinance, or of any Zoning Ordinance or other law or Ordinance of
said City of Arcadia, whereupon said City Council shall render to
said City Clerk a report in writing setting forth its findings or
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belief as to the facts involved and as to whether such License
may be lawfully issued. If such report discloses that such Licens
may lawfully be issued, said City Clerk shall issue the same forth
with, otherwise such APplication shall be denied and the Applicant
so notified by said City Clerk.
SECTION 16: All licenses issued pursuant to the pro-
visions of this Ordinance shall be prepared, signed, furnished,
issued and accounted for, and all moneys received therefor shall
be deposited and accounted for by the same Officers and in the
same'manner as is prescribed for General Licenses and License fees
by Ordinance No. 232 of said City of Arcadia or by any Ordinance
of said City of Arcadia amendatory thereof or supplementary there
to.
SECTION 17: Any License issued pursuant to any pro-
vision of this Ordinance is issued and shall be accepted by each
Licensee with the express understanding and agreement that the
City Council may revoke the same at any time when it appears to
said City Council that such License was obtained by fraud or
through mistake of law, or that any materia.l fact or facts set
forth in the Application therefor were false, or that the License~
shall have been convicted of a Felony, or that such Licensee or
his or its agent, servant or employer shall have been convicted
of a violation in, on or in connection wi th, .the place or pre-
mises for which the particular license was issued, of this Ordi-
nance, or of any law of the United States, or of the State of
California, regulating or relating to the manufacture, sale, stor-
age, gift, possession, or transportation of Alcoholic Liquor, or
of any law relating to the possession, maintenance or operation
of any still, equipment, material or apparatus for the manufacture
of Alcoholic Liquor or of any law prohibiting the furnishing or
sale thereof to any minor or intoxicated person, or when it ap-
pears that the business or place for which such License was issued
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1 is being conducted in a disorderly manner or is a hang-out or
2 rendezvous of criminals or persons of immoral, lewd, indecent or
disorderly character, or, in the case of any Licensee holding an
"On Sale License" when it appears to such Oity Oouncil that such
Licensee is or has been making a practice of serving any such Al-
coholic Beverage with food in a quantity not sufficient to consti-
tute a bona fide meal, as herein required.
No such License shall be revoked unless written charges
are first filed with said Oity Oouncil setting forth all the facts
upon which complaint is made and upon which evidence may be off ere
whereupon said Oity Oouncil shall fix a time and place for a pub-
lic hearing on such charges, and shall give notice of such hearing,
in writing, to the Licensee, which notice shall be sufficient if
mailed to the Licensee at the address stated in his license, not
less than five (5) days before such hearing.
At the time set for such hearing, or at the time to which
such hearing may be continued by said City Council, said City Cou -
cil shall hear all evidence presented by or on behalf of the per-
son filing such charges and by or on behalf of the Licensee again
whom such charges are filed.
At the close of such hearing, or as soon thereafter as
practical, said Oity Oouncil shall determine from the evidence
presented at the hearing whether sufficient grounds exist, as
specified herein, for the revocation of such license, and if such
charges be found to be true and such grounds established, said
City Council shall adopt an order, which shall be set forth at
length in its minutes, revoking such License and the Oity Clerk
shall notify such Licensee, in writing, of such revocation.
SECTION 18: No new or further License provided for here
in shall ever be granted, either directly or indirectly, to, or
for the benefit of, any person whose License shall have been re-
voked as herein provided for.
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SECTION 19: That no person shall sell, serve or give
away or cause to be sold, served or given aWay,any dealcoholized I
wine, beer, Lager Beer, ale, porter, wine or other malt or vinous
liquor or fruit juices not herein prohibited, to any person under
the age of nineteen years.
SECTION 20; No sales of any Beverage permitted here-
under shall be made between the hours of one o'clock A. M. and
six o'clock A. M. of any day.
SEOTION 21: The provisions of this Ordinance shall bel
and become effective on and after the first day of July, 1933.
SECTION 22: That Ordinance No. 188 of said Oity of
Arcadia, entitled: "An Ordinance of the Board of Trustees of the
I
City of Arcadia prohibiting the manufacture, sale, storage, serv-!
ing, gift, transportation, importation, exportation and possess- i
ion of Intoxicating Liquors for beverage purposes; regulating all I
i
other traffic in such liquors; providing penalties for violaticn I
I
thereof and repealing Ordinance No. 107", adopted December 1, 1926,
I
and Ordinance No. 269, entitled: "An Ordinance of the Oity Council
I
of the Oity of Arcadia amending Section 2 of Ordinance No. 188
of said City of Arcadia~ adopted May 9, 1933, and all other Or-
dinances or parts. of Ordinances of said Oi ty of Arcadia in con-
flict herewith, be and the same are hereby repealed.
SECTION 23: That any person violating any of the pro-
visions of this Ordinance shall be deemed guilty of a Misdemeanor
and upon conviction thereof shall be punishable by a fine not ex-
ceeding $300.00 or by imprisonment in the City Jail of said Oity
of Arcadia, or in the Oounty Jail of the Oounty of Los Angeles,
trate, for a period
I
!
I
suchl
State of California, at the discretion of the Committing Magis-
not exceeding
three months, or by both
fine and imprisonment.
Each separate day or any portion thereof during which
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any violation of this Ordinance occurs or continues, shall be i
deemed to constitute a separate offense and upon conviction there~
for shall be punishable as herein provided.
SECTION 24; This Ordinance is necessary for the immed4
iate preservation of the public peace, health and safety for the I
I
reason that the unregulated traffic of such Alcoholic Beverages I
as are herein provided for will tend to attract criminal, ViCious!
I
and undesirable characters to said City and will tend to under-
mine the moral fabric of the community and to cause great dis-
I
order and many breaches of the peace and thereby create a serious I
i
menace to the publiC peace, health and safety and therefore the
immediate passage of this Ordinance is urgently required.
culated in said Oity
and thereupon and thereafter the same Shalli
take effect and be in force.
The foregoing Ordinance was adopted at a regular
meeting of the Oity Council of the City of Arcadia, held on the
6th. day of June, 1933, by the affirmative vote of at least four
Oouncilmen, to-wit:
AYES: Councilmen, Daniels, Krebs, Link, Schrader and
Seaman,
NOES: None,
and signed and approved this 6th. day of June, 1933.
AT~;';'~
-, Oi ty lerk.
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