HomeMy Public PortalAboutOrd. 0017a� VVV
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OF Tiff: IIIMED STATES I'itt,i(F :h'i'lt, i'N;? KAIiUFAC I RL
SA LL, Sj'ORAGE, till +`i', 'i'itatiT3Y�itAt'10N ill'ORTATIOrd.
or, tJ?tI'OIt'.s',t'1'7()i� u! Ii PU.�iiCAt ! tG L7 :4UOitS FOR WAGE'
1 >UR1'OSES; itEtieLA`PISi, ALL (ri'1.ER TRAIJ!''IC li4 60H LIQUORS;
C11EATTMG A 1'iT:4J) TOIL 'iIV ?sNARCE:u!&H 'i!iEBEOF: AND ERR
yJOI G PHALTIES .1011 VIGLIA.i'10 HERE OF.
1. ' RU ,, THE CI ul LYMY'00J 1St,"
TEE BOA V iL3t, :71 u1S� i7Y li�L '�, lY
ORDAIN AS FOLLOWS:
Section 1. This entire ordinance shall be deemed to
be an exercise of the power granted by the eighteenth Amendment
of the uonstitntion Of the ignited States and of the police power
of the city of Lynwood for the protection of the public health,
peace, safety, and morals of the people of said city,•and all
of its provisions shall be liberally construed 3:or the acco.°tplish
ment of these purposes.
^intoxicating liquors" or "intoxicat
Section 2. Abe words
ing liquor::, wherever used in this ordinance, shall be construed
to include any distilled, malt, spiritons vinous, fermented or
alcoholic liquor, which'contains more than one -half of one per
cent, by volume of alcohol, and all alcoholic liquids and cori-
dr not, which are portable
poun ds, whether proprietary, patente, o
or capable of being used as a beverage, and avhich con tain more
than arse -half of one per cent, by volume, of alcohol'
nor the purposes of this ordinance a wholesale druggist is
one who sells drugs at wholesale and not to the general public.
A retail druggist is a registered pharmacist, authori..ed
to practice in this state, con,.ducting- n regular retail business
in drugs alal who sells to the general public-
bection 31 in the interpretation of this ordinance words
of the singular number shall be deemed to include their plurals,
gender shall be deemed to include the
and words Of the masculine
feminine and neuter, as the case may be.
The word "person" wherever used in this ordinance shall
be construed to mean and include natural persons, firms, co-
partnerships, corporations, -clubs and all associations or combi-
nations o1' persons, whether acting by themselves or by a servant,
I
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agent or employe.
section 4. it shall be unlawful for any person, directly
or indirectly, to manufacture, receive, sell, serve, give away,
transport, or otherwise dispose of any intoxicating liquor within
the city of Lynwood, or to import any, such liquor into, or to
exhort any such liquor from said city, except as provided herein.
-5 section 5. it shall be unlawful for any person, while on
any street, alley, park, road, or highway, or in any car, aero-
plane, boat, motor or other vehicle or means of transportation,
or in any club, hotel, hall, theater, store, or other public or
semi- public Mace in said city, to have on his person or in his
possession any intoxicating liquor, extent as provided herein.
section E. it shall be unlawful for any person to have,
keep or store any intoxicating liquor in any public or semi - public
place in said city except as provided herein.
section 7. it shall be unlawful for any person to solicit,
take or receive any order for intoxicating liquor, or to give
information how such l iquors may be obtained or where such liquors
are; except that persons holding valid permits to manufacture or
sell intoxicating liquors for non- beverage purposes, may accept
orders for such liquors on the premises where they may be letal.ly
sold, and representatives of such manufacturers and of wholesale e
druggists may take orders for such liquors from persons holding x�q
valid permits to purchase same.
Section 8. hothing in this ordinance shall be construed
rendering unlai. :
(a) The manufactfire of intoxicating ligrors for
beverage purposes by any person holding a valid permit to to do,
obtained as herein provided, or to make any light or soft drink
or wine for his own use to be served in his own residence only
without charge of any kind.
(b) The keeping or storiiv; of intoxicating
liquors on the premises where lawfully manufactured or in any
place inhere such liquors may legally be sold, or in cellars,
vaults or warehouses or residence owned or leased by persons
holding valid permits to manufacUre, keep or sell such liquors
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for non - beverage purposes, or the keeping of' wine for sacramental
purposes in any church or in the residence of the pastor or
priest of any church, or the distributing- and use of wine at
any sacramental service.
�c} The sale and delivery of intoxicating liquors by those
lawfully manufacturing the same or by wholesale druggists holding
valid permits so to do, to other manufacturers of such liquors or
to other wholesale druggists or to retail druggists holding valid
permits under this ordinance: provided, the person so selling such
liquors shall keep a record of all liquors so sold in which shall
be entered the date of the sale, the kind of liquor sold, the
quantity of each kind, and the name and address of the person Q
whoa sold, such records to be open to public inspection; provided,
however, that where spirituous liquors. are sold the records re-
quired to be kept by the United ;states internal Revenue department
shall be sufficient record, and provided further, that the person
so selling such liquor shall securely fasten to the container
holding it a legibly written or printed statement, in unglish,
signed by said person and giving the following iWormation;
kind and quantity or contents, by whom sold (giving name and addres
and date of sale.
it shall be unlawful for any person to remove suchstatement
from such container, until said container and contents have been
delivered to the purchaser at the address stated in aforesaid
statement, and when the contents of any such package have been
emptied from it, such statement shall immediately, be removed and
destroyed.
kdj The dispensing of intoxicating liquors by retail
druggists, holding valid permits so to do for medicinal purposes
only, upon a prescription issued, signed and dated by a duly
licensed physician regularly practicing his profession; provided
that the name and address of the person for whose use the prescrip
tion is made shall be inserted therein by the physician issuing th
same at the time the prescription is made or given, and that not
more than one sale or funishing is made upon such prescription; t
not more than sixteen k16) ounces of spiritous liquor, and not mor
1
than thirty -two (321 ounces of vinous or malt liquor, is sold
on any one prescription; and that all prescriptions are kept on f
file at the place of business of said druggist, open to public
spection; provided, further that said druggist shall paste or
securely fasten to the container holding such liquor a legibly
written or printed copy of the prescription on which such liquor
was f
It shall be unlawful for ny person io remove said copy of
such prescription fro;, said container until all of the liquor has
been removed iherefr(mn, and it s'iall be unlawful to empty all or 1
part of said liquor from said container until it has been deliver(
at the address menti -ned in said prescription or to use said liqu(
for any purpose other than the medicinal purpose for which it
was furnished.
,g-(d) .he keeping of any intoxicating ligi +or at a time and
place there such liquor can be legally sold by any person at his
home and the serving of same to me .hers of his family or guests,
as an act of hospitality, when nothing of value or representative
of value or received in return therefor; anel when such home is
not a place of public resort.
/ ke} zhe
transportation out of or into the
city
of
ijynwood
of intoxicating
liquor for not- beverage purposes
when
such
liquor
is shipped or received by a person holding,a valid permit obtain
as herein provided b law to manufacture, sell or receive such
liquor and provided there is securely +,fastened to the container
holditng such liquor a legibly written or printed statement in
ung'llsh, sigt+ed by the shipper and giving the following informa-
tion: kind and quantity of liqu r therein, by whorl sold kgiving
name and address purpose for whichnsold and date of sale.
It shall be unlawful to remove aforesaid statement from
said container while in transit within the ijity of Lynwood.
t,ection (9/. Permits to sell intoxicating liquor for non-
beverage purposes, subject to the limitations and provisions
provided shall be issued by the Loard of x.rustees of the city of
Lynwood to wholesale and retail druggists.
Permits to manufacture, import, sell and export intox-
icating liquor for non - beverage purposes, sbbject the lim-
itations and provisions herein provided, shall be issued by the
0oard of Trustees of the city of Lyne;-ood to such persons as
make sufficient showing that they have a legitimate demand,
under this ordinance, for intoxicating liquors for non - beverage
purposes.
permits to buy and keep alcohol for non - beverage pur-
poses small be issued by the scard of irustees of the city of
Lynwood to miarmfacturers of toilet, medicinal, antiseptic,
culinary or other non - beverage preparations, and to the
superintendent or authorized officer of any hospital, museum or
laboratory or of any art, educational or public institution.
section 10. an y person desiring to obtain a permit
as provided herein shall file written application withnthe said
Board of ' arustees of the i;ity of i,yrnrood, giving his name and
address, nature of his business or official position and full
statement: of grounds on which application is male.
The said hoard of Trustees shall issuena permit when
it is shown by appli "cation for suchrpermit that he has a legiti-
mate demand for_intoxicatiug liquors, and that he will observe
all laws relating t:onthe sale of such liquors. ouch permits
shall be for two years; provided., that any such permit may be
revoked by the Board of Trustees if after a hearing, notice of
which has been given to the holder of such permit, said uoard
of Trustees shall be satisfied that said holder has not observed
the law to the sgle of intoxicating liquor. when any
such permit shall have been revoked, it shall be discretionary
with the board of 'trustees whether or not any new permit shall
thereafter be issued to the holder of the permit revolved.
;section 11. Any person holding a permit, obtained
as herein provided, who manufactures, sells or furnishes intox
icating liquor in violation of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be,?
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punished �;y fine o not less than two hundred and fifty k$250.00j
dollars nor more than five hundred (k500.00j dollars or by impris-
onment in the county jail for a period of not more than one hundred
eighty Ok180) days or by both such fine and imprisonment.
section 12. s';henever any person shall have -been issued
unifier any law of the State of ualifernia, or under any law of the
United States, or by anv at;thorized official of the Mate of
Ualif:ornia or the united ;;fates, a pert ;sit to manufactbre, sell.,
purchase, transport, import, export or possess any intoxicating
liquor, such periAt shall be in lien of the permit required to be
` issued by the board of unifier the terms of this ordinance,
and compliance with the law of the State of California or any law
of the United Mates requiring the issuance of a permit shall. be
deemed a sufficient compliance with the provisions of this ordinanc
and any person who has complied with said laws and secured a permit
or permits under the terms of said laws, shall not be required to
secure a permit under the terms of this ordinance.
Section 13. ;1'henever any officer of the Uity of Lynwood
shall discover any person having my intoxicating liquor or liquors
in any wagon, buggy, as,tossobile, water or air craft or any other
vehicle, contrary to the provisions of this ordinance, it shall be
his duty to seize such wagon, buggy, automobile, water or air cararft
or other vehicle and any and all intoxicating liquors fonFFd therein
and shall deliver the possession thereof to the Uity .hiarshall of
The City of Lynwood.
Section 14. whenever any wagon, buggy, automobile or outer
vehicle shall have been seized as provided herein said vehicle shat
be returned to the owner upon execution by him of a good and valid
bond with good and sufficient sureties in a suss double the value of
II the property, which bon d shall be approved by the City ieecorder of
said Uity of Lynwood and shall be conditioned to return said prope
ty to the custody of the city ir'arshall on the date of the trial, to
abide the judgment of said Gonnt.
section 15. "lie court shall upon a trial RNmslxx and convic-
tion of the person so arrested cause an order to show cans- to be
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posted as required by lair or published for five consecutive days
in a daily newspaper of general circulation printed and publish(
in said City, and most likely to give notice to persons interest
in said vehicle, which order shall direct any and all persons
interested in said vehicle to appear before hij at a date not
less than ten t10) days after the first publication thereof at
his court to then and there show cause if any why said vehicle
should not be confiscated and forfeited.
section 16. At the time for the hearing of the order
to show cause, and it appearing to the satisfaction of said c
Lu
that there are bona fide lien claimants, as defined herein, the
court shall order the property confiscated and be sold at public
auction as provided herein. ' And it is further provided, that
if at the time fixed in the order to cause no bona fide
lien claimants appear or do not establish their claims, and the
court being satisfied there are no bona fide claimants as
herein, shall order said vehicle forfeited to the City of t,yjnro
and shall order the possession thereof delivered to the
President of the board of Trustees of the City of i,ynwood.
section 17. Notice of sale of property so seized
and ordered confiscated shall be posted as required by law or
published for at least ten days in a daily newspaper of general
circulation, printed and published in said City and most likely
to give notice of said sale and said notice shall be substantia
inthe following form;
"NOTICE OF S LE OF PROPF',. `l.'Y
Uli3/�R'Ef/
_ w%L
NOTICE iS HEREBY (ilVEN that
..................city Marshall
of the City of Non wood, 00 my
of. Los ng'cles, state of ualifornia
has ordered the following property to
be confiscated and sold for cash at
public auction to the highest bidder,
...... ...............................
Said- sale will be held at
o'clock K., on the _day 01 19
19 at
...:... ................. . .......
.....:
j Presi.deut of the Board of Trustee&
L 11 6f. the city of ynnood.
y
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section 18. whenever any officer of tle City of Lynwood
shall discover any paraphernalia, equipment or materials used in
and ,about the preparation, making;, manufacturing or selling of
intoxicating liquor, contrary to the provisions of this Ordinancel,
it shall be his duty to seise the same and deliver all parapher-
nalia, equipment or materials so seized into the possession of
City Marshall of said uity,and shall furnish said Uity Larshall
an itemized statement of all paraphernalia, equipment and materials
so seized.
;section 19. The Uourt shall upon a trial and conviction of
the persons so arrested, order all paraphernalia, equipment, and
materials used in and about the preparation, making, manufacturin
or selling of intoxicating liquor contrary to the provisions of
this ordinance, forfeited and confiscated.
ziection 20. Any person who shall violate any of the pro-
visions A this ordinance shall be guilty of a misdemeanor and,
conviction thereof shall be punished by a fine of not less than
two hundred and fifty 111250.00) dollars nor more than five hunt]
(0500.00) dollars or imprisonment in the county jail for a peri
not to exceed one hundred eighty (180) days, or by both such A
and imprisonment.
section 21. There is hereby created a special fund of
;'en Dollars, to be known as the "Prohibition Worcement aunt]'
the ji_ty Clerk of the City of Lynwood is hereby authorized and
instructed to transfer said sum from the :eneral. Lund into said
special fruit and to issue warrants Quint the said fund on the
order of the city barshall of the City of iyu ood, approved by
the President of the uoard of Trustees of said City and a cert:a
xxmnmtximxQx percent amount to be fixed by the board of eruste
as needed.of ill fines collected under the provisions of this
ordinance shall be aS become a part of said special fund to be
expended as herein provided.
1 hereby certify that the foregoing ordinance was pass(
,_ , 11 and adopted by the uoard of Trustees of the City of Lynwood on
-1
the day of aU /� 9 1922 9
by the followiiM crate:
Apes
Nays
Absent
I:eclined to vote
l
nd ex- officio uleToi' ward of a- rustees of
rjymvood.
this _ day of �( , 1922.
Mayor of the t�ity of I,ytn4rod.
0 �tu --I d v Z•,
I ityUI'erlc
the city of
,w Approved
nd ex- officio uleToi' ward of a- rustees of
rjymvood.
this _ day of �( , 1922.
Mayor of the t�ity of I,ytn4rod.
0 �tu --I d v Z•,