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HomeMy Public PortalAboutOrd. 0203ORDINANCE NO,— 2 .AN..ORDINANCE OF THE CITY CF, LYNVJCOD PROHIBITING THE 3 ' SALE* :GIFT, STORAGE, ..MLNUF'ACTU BE' .TRAIT SPORT ATION, - `} UNLAWFUL POSSESSION,. I . TORTATION OR tE)I ORTATION.OF 5 INTOXICATING.- LIQUORS FOR BEVERAGE - PURPOSES; REGU , 6 LATING IsLL OTHER TRAFFIC IN SUCH LIQUORS; AND PRO- 7- VIDIAIG PENALTIES FOR - ViOLATI 01\ D7R EOF $ -- 9. -The City Council of the City of Lynwood ordains a's 10 follours:. ` 11 Section 1'; , When used in. this ordinance (1) ,thd. word 12. ?!liquor" or the phrase, "intoxicating liquor" shall be construed 13 : to-include" alcohol, ;brandy, ihiskey, rum' gin, beer; ale, port- 14 Pr ,and mine, and, in addition thereto, any ".spirituous; vinous; 15 malt,' or fermented liquor; .liquids: and .compounds; ;whether medi =. 1 16 cated, proprietary, patented or n and by whatever name call- °, Y 17• • ed ,containing one- half "of one per' centura' or more of alcohol by- 18 volume which are fit for use .for. beverage purposes,; Provided, 19 that the• foregoing definition shall not, extend ao de- alcoholiz -• ' 20 ed wine nor to any oeveragep'or liquid produced by the process s ; 21, by which beer, ale' porter or wine` is• produced, if. it contains less than'one "ha " f of ,one, pe "r centum of 'alcohol by volume, and `23 is made as prescribed by laves ena cted by Congress, and is. other - 24, wise -denominated -than <'as� beer, ale'.'," and is contained'. 25 and sold in, or from such and labeled bottles, casks, ,'or 26 containers as the United States.Co�unissioner of- Internal Revenue 27 may by. regulation prescribe,. .28 The. word, "person" shall -raean and include natural.per- `. 29 sons; firms, associations,.clubs, co- partnerships; corporations 30 and all associations or combinations of'persons,, whether acting 31 by themselves 'or by a servant, agent or employee. 32 Section_2.,,.It shall be unlawful. for any ;person,within • `. 1. • 2 1 ' 3 4 14 15 16 17 is 19, 20 21 22 23 24 25 26 27 28 29 30 31 32 .. I the City of Lynwood to manufacture, 'have, keep, store, sell, barter, transport, import, export', 'deliver, furnish, possess or, have, in his possession, any intoxicating liquor except as au- thorized in this ordinance.; and all the provisi ons of this or- dinance shall be liberally construed to the end that the use of intoxicating `liquor as a beV erage may be prevented. Section .3. The following articles shall not, after having been manufactured and prepared for the market, be subject to.the provisions of this ordinance, if they correspond with the following descriptions and limitations, merely: (a) Denatured alcohol or denatured -rum produced..and used as provided by laws and regulations now or hereafter force. (b) Medicinal preparations manufactured in accordance with "the formulas prescribe d'by United States Pharmacopeia,- National Formulary, or the American Institute of Homeopathy that are unfit for use for beverage purposes. (c) Patented,. patent, and proprietary medicines that are-unfit for use for beverage purposes. (d) Toilet, medicinal antiseptic preparations an solutions that are unfit for use for beverage purposes. Flavoring and syrups that are unfit for use as a beverage, or -for intoxicating beverage purposesi (f) Vinegar preserved sweet cider.. Any person who.-,-manufactures any,of the articles men- tioned in this section within the City of Lynwood, may pur6hase and possess li quor for that purpose, -pr avid eC'p6i'm its be-secured from the United States Internal Revenue, Department to manufacture such arti6lLes and to purchase_such liquor, as provided by the laws. enacted by Congress enforced under the direction of the United States Internal* Revenue, Departme nt. No more alcohol. shall be used in the manufacture of any'extract, syrup, or the 2; 13 14 15 16 17 . . 19 20 21 22 23 24 25 26 27 28 29 30 31 32 articles named in paragraphs b,' c, and :d of this section which may be.used for beverage purposes then the quantity necessary for extraction or solution of the elements contained therein and for the, preservati on of the article. Section 4. Any person, who shall, within the, City of Lynwood, knowingly sell any of the articles mentioned in Para - graphs a, b, c, and d of this section for beverage purposes,` or any extract or syrup. for intoxicating beverage purposes, or who shall sellany of the same under circumstance's for which 'the seller might reasonably deduce the intention of the purchaser to use them for such purposes, or. shall sel l`any beverage - contain- ing one -half of one per centum or more of alcohol by volume in which any extract, syrup,:or other article is used as an ingred- ient, shall be subject to • the penalties in this ordinance pro - vided. Section 5. It shall be unlawful for any person, di- re ctly -or indirectly, alone, associated or combined with.others, as principal, agent, employee or otherwise, to' open, establish, .,keep maintain or carry on, or aid, abet or assist ih opening, establishing keeping, maintaining or= carrying•on, any club or .club .room, or,any.place used in connection. with, an,y,such club or club room, where intoxicating li•qu'ors :are received or kept for use, gift, sale or- barter';, or fordistriputionor division among.the members, guests or visitors of any such club or club room, or among any other persons in the city of Lynwood. Section.6. It shall be unlawful for any person as owner, principal, agent, employee or otherwise, to have in his . or her possession, any intoxicating liquor in violation of any of the provisions of this ordinance, and the bottles and other vessels containing the same are declared nuisances, and in abatement thereof the police shall seize all such liquor, bottles, barrels and "other •vessels and upon conviction of such 3. 1 2 3 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' person ,for unlawfully r hav i ng the same ,in_ his or her .possession, .destroy sudh liquor;, - bottles; barrels or� other vessels.' Section 'ft ` shall be unlawful -'for any person eith- er as owner, principal, agent or oth erwi S ey, t o' s er ve alcoholic or in toxi,cating liquor An any' public dining room, or any hotel,.apar.tment house, rooming house, lodging house, cafe, restaurant or cafeteria, in violation of provisions of this or -, dinance: Section 8. It ,shall be unlawful for any person .to drink intoxicating or alcoholic liquor in any public dining room, cafe; restaurant, or cafeteria, or inlany public build - I ing, yard',. park, street, alley, court, lane-or place, in the City of Lynwood.. Section 9. It, shall be unlawful for any person to, in any manner, encourage, aid, abet or assist in the violation of .any of the provisions of this ordinance in the City of Lynwood. Section 10. It shall be unlawful to give. to any car rier or any officer, agent, or person acting or assuming to act 'for such carrier,' an-order requiring the delivery to any person of. any. liquor or package containing liquor consigned to, or pur- porting-or claimed to be consigned to a person, when the pur pose of the order is to enable any person not an actual bona fide consignee to obtain such liquor. Section 11: It shall be unlawful for any person to advertise in said city,, any intoxicating liquor by means of any sign or billboard, or by:cireular, poster, price list, news- paper, periodical or otherwise; or to advertise the manufacture, sale, keeping for sale, or furnishing of such liquor, or the person f rom whom, or the place wher e, or the price at which, or the. method by which any such liquor may be obtained; and this section shall not 'apply to foreign newspapers mailed into the United States. 4. Secti ;on -12. It shall be: unlaiTful to advertise, :'manu- 2 facture; •sell,;or possess for "sale any utensil,` contrivance.; • 3 machine; preparation, compound tablet, subs t,ance;.formula" direr . .4 tion.or "recipe advertised-,.designed or in tended for;use in the 5 unlai =iful manuf act ure`of • •intoxicating liquor. 6, Section 13. It shall be unlawful to -permit any sign or 7 billboard painted,. erected or otheriase constructed, contai " ping •' 8 any advertis rendered' unlawful by Section 11• of'this' ordi- 9 riance, to `remain upon one!s.,prEmises, or >to circulate or dis,trib< ' 10 ute any 'circulars`, price list -or other advertisement =rendered 11 unlawful by this ordinance ,. 12, Sect on . 14: ' It shall be' unlav,rful for any person to solicit or. receive,; or Y.novvingly,permit' "is• empfioyee 'to. solicit .. 14 or ,receive, from any person, any .order for liquor, or give any. 15.: inform.ati'on af, hour liquor may be obtained in violation�of this 16 ordinance' .17• Section .15. 'Any rooming',.house, building,, boat, vehic- - ,le ; structure :or.' .vahere_nto�:i cati'n g li quor' is 'rdanufabtur e'd,. • :19 sold ke t,,or'bartered, in vfolation of this ordinance, and all :-20 intoxicating liquor and property kept and' used in maintaining the 21 �. .. Y , Y person.. same is he'reb declared to b - e a common nuisance 'and an •22, w1io maintains such a' common. nuisance shall be guilty of a misde- 23 ' meanor: 24 Section '16. That nothing in, this ordinance -shall be . • 25 construed' `as making.unlativful! the manufacture, sale,,trans'porta -" 26 tion or possession bf any intoxicating liquor.,. in compliance' with 27 the. provisi ons of -any lard or _permit of the Government -of . the. 28 United "States. 29 Section 17. Every person -who,. as ownerprincipal, 3q a efit employee or .otherviise lets - or leases an building, •g _ ': Y fir, , 31. tenement or pla,ce, to be used in violation of any of: the provi- 32 skons of •this" ordinance, in the City of Lynwo od, or v1Yio, .being , ''• , 1. the owner thereof, or having the „control thereof permits .2 building;,tenement, or place to be used -in violaaion of any of .3 the •provisions of this ordinance, in the',Qi.ty of Lynwood 'is 4 guilty of a sdmea.rior, and.'upon the•secena conviction,thereof 5; the building shall be'locked, for one year unless he Tur -. -g nish•'sufficient bond•to`;insure its'not being,agairi used for ;that' purpose... g ” "'Section. 18: Every act in.violation . any ' of,.the g provisions of this article 'shall separately and for each day of 10 its; co tinuence . .be deemed 'a separate offense;= •and.every.person, 11 committing),.any,'act "in viola.tioa^ of any, of the .,provisions.. of` this' 12 article shall, separately and for each day of its continuance,, ' 13' be ,deemed . Se to have,commtted -,,a, separate offence. • , - '1.4 ction �9.. It shall be, the' duty of a.11 rpolice of f, '.• `• 15 icerscf the City of Lynwood and their deputies, and all.o.ther 16 officials charged with. the-enforcement-of. law, _ to. enforce thex..: 17 provisions of this ordinance. 18. ' S'ection' 20.,, Any person who shall violate' any, of the 19' provisions of this ordinance is gui a`rdisdemeanor, and, 20 upon conviction .!thereofshall.'be `punished. by ,a .fide.' of ;n.ot ,more 21' than Three Hundred'`Dollars 0300 .00): or' by impriso'nment in .the 22. city jail ef.the City of,Lynwood, or .,in the county jail' of the «' e ' 23 Counk of'Los Angeles, for ' not -more ''thain­three,(3) months, or by 24` both,sucfi'fine.and imprisonment Pe a tie's prow ded`jn this ordin „ . , > 25 ante against..the maxiufacture of liquors without a, permit 'shiall. 26 not a pply person manufacturir,g non' intoxicating cider and 27•; fruit `juices exclu ively. ruse in bis home, but such cider and 28 fruit juices' shall not. be` sold or delivered except to..persons 29 'having .permits to manufacture,vinega.r , 30 Section 21 A judgment that the defendant pay a 31 fine,• may also direct that he be imprisoned until 'the"fine be sati - 32 fed; or. ,that 'the defendant .'. ahe within is limited time o 6. qq 1 . in installments payable. on specified ' dates,' and that in default r 2 of payment' _as therein `stipulated, he be imprisoned unti•1 the fsne 3 •' be.-satisfied in full ° 4_ Section 22 In: all " P' , r'osecuti:6ns under the 5 of `this ordinance where a conviction is'had, and sentence of- , g'. imprisonment in the :county Jail or in.the City Jail* is imposed,,.th ' 7: Court may direct,.that the person so"conyicted shall -be, compelled 8 to'work upon the public highways or.any'other. public 9 " work'in the' City of Lyiiwood,• 'term' "ofl such` sentencez • ?�" Section'23 �If`any • section, ,subsection,aentence, , 11 clause or- .phrase of .this ordirianee':is for ..` "an y' reason 'held t 0 ' be .. _ .• invalid'or uncons'titutional,.'such decision, shall not af feet ' the 13 validity.of, the remaining prov si.ons :bf this ordinance. , The•"'- 14 City Council of ..the "City of "Lynwood hereby declares. that this - ordinance shall be deemed td be an .exercise ~of the power, granted 16 . the kighteenth Amendment tq'the Constitution.of 'the United " 17 States' and of the olice , p, power of. the City,, of Lynwood,;.'for ' the 18, rotection.of the` ubli ealth L p p , peace, safety and morals of tithe people . of said.City of Lynwood'; and,. all of. its provisions :shall •••. 20• be liberally construed for the accomplishment of � hes;e, poses, 21 and -the' City 'Council would have passed this oidinance, and each 22 section, subsection, 'sentence,"clause and phrase-thereof irre . 23 tive -of the, fact' that "any one or more. of such sections,.: subsections .' 24, sentences, - clauses or Dhrases"might.be declared invdlid�or un -" 25 ; constitutional 26 Section 24. All, ordinances, or " parts .of ordinances, 27 in.conflict, herewith are repealed ,} -• PJHEREI5'; the "laiv "df "this °state.- prokiibi'ting and ' 29. ; regulating" -the saletof intbxic.a.ting.bbverages has. been sa City "Council: is of'the "opinion that the situation is- inimical 3 to "the public welfare and since there,, at the',prese t time no 32r b . ,, r ordinance regulating and prohibiting the, same, , 7 ,. , NOGV, THEREFOREi -an emergency 's, hereby declared- to 1. 2 ; exist and "because the facts:. above rec,i,ted this ordinance is ,of= - urgently,reou red for the immediate-Oreservation of.the' public 3. 4 peace. health and . safety ' 7a 5 : Section' 25 The City,' Clerk ; the City of, Lynwood' . is directed• to' certify `to the -adoption of this ordinance arid'. to ., .: 6 7, cause the same.to be published after its final passage and approv , ; 'al once i,n I the Lynwood Iribune, which nevvspaper'is hereby designat ` 9 ed'f or, that purpose ... A Passed and adopted, this of .January, 1933 10' Hpproved. 12 4 M ayor f he City of 13 Lynwood ? ," f A tte,st l 1 �vr• 15 City:'..terk of .the,.Cit:Y of 16 . Lynwood 17 19 a. • s c 22' . 23 24 25 :. 26, 22 88' 29 a -30 _ 32 1 State of California, ) s_ s . 2 County of Los Angeles ) 3 I, the undersigned, City Clerk of the City of 4 Lynwood, California, do hereby certify that the above and fore- 5 going Ordinance was duly adopted by the City Council of said 6 City at a regular meeting thereof held in the City Hall of said 7 City; on the Yrday of January, 1933, and passed by. the follow- 8 ing vote: s 9 AYES: Councilmen 10 .C - 4u y 21 22' :. 23 ABSENT: 24 25 26 27 28 29 30 31 32 IL Councilman City Clerk, City of Lynwood 9, . .