HomeMy Public PortalAboutOrd. 0203ORDINANCE NO,—
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.AN..ORDINANCE OF THE CITY CF, LYNVJCOD PROHIBITING THE
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SALE* :GIFT, STORAGE, ..MLNUF'ACTU BE' .TRAIT SPORT ATION, -
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UNLAWFUL POSSESSION,. I . TORTATION OR tE)I ORTATION.OF
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INTOXICATING.- LIQUORS FOR BEVERAGE - PURPOSES; REGU ,
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LATING IsLL OTHER TRAFFIC IN SUCH LIQUORS; AND PRO-
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VIDIAIG PENALTIES FOR - ViOLATI 01\ D7R EOF
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-The City Council of the City of Lynwood ordains a's
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follours:.
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Section 1'; , When used in. this ordinance (1) ,thd. word
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?!liquor" or the phrase, "intoxicating liquor" shall be construed
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to-include" alcohol, ;brandy, ihiskey, rum' gin, beer; ale, port-
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Pr ,and mine, and, in addition thereto, any ".spirituous; vinous;
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malt,' or fermented liquor; .liquids: and .compounds; ;whether medi =.
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cated, proprietary, patented or n and by whatever name call-
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ed ,containing one- half "of one per' centura' or more of alcohol by-
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volume which are fit for use .for. beverage purposes,; Provided,
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that the• foregoing definition shall not, extend ao de- alcoholiz -•
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ed wine nor to any oeveragep'or liquid produced by the process
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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
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is made as prescribed by laves ena cted by Congress, and is. other -
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wise -denominated -than <'as� beer, ale'.'," and is contained'.
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and sold in, or from such and labeled bottles, casks, ,'or
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containers as the United States.Co�unissioner of- Internal Revenue
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may by. regulation prescribe,.
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The. word, "person" shall -raean and include natural.per-
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sons; firms, associations,.clubs, co- partnerships; corporations
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and all associations or combinations of'persons,, whether acting
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by themselves 'or by a servant, agent or employee.
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Section_2.,,.It shall be unlawful. for any ;person,within
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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
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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
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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
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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.
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Secti ;on -12. It shall be: unlaiTful to advertise, :'manu-
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facture; •sell,;or possess for "sale any utensil,` contrivance.;
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machine; preparation, compound tablet, subs t,ance;.formula" direr
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tion.or "recipe advertised-,.designed or in tended for;use in the
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unlai =iful manuf act ure`of • •intoxicating liquor.
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Section 13. It shall be unlawful to -permit any sign or
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billboard painted,. erected or otheriase constructed, contai " ping
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any advertis rendered' unlawful by Section 11• of'this' ordi-
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riance, to `remain upon one!s.,prEmises, or >to circulate or dis,trib<
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ute any 'circulars`, price list -or other advertisement =rendered
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unlawful by this ordinance
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Sect on . 14: ' It shall be' unlav,rful for any person to
solicit or. receive,; or Y.novvingly,permit' "is• empfioyee 'to. solicit ..
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or ,receive, from any person, any .order for liquor, or give any.
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inform.ati'on af, hour liquor may be obtained in violation�of this
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ordinance'
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Section .15. 'Any rooming',.house, building,, boat, vehic-
- ,le ; structure :or.' .vahere_nto�:i cati'n g li quor' is 'rdanufabtur e'd,.
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sold ke t,,or'bartered, in vfolation of this ordinance, and all
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intoxicating liquor and property kept and' used in maintaining the
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same is he'reb declared to b - e a common nuisance 'and an
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w1io maintains such a' common. nuisance shall be guilty of a misde-
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meanor:
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Section '16. That nothing in, this ordinance -shall be .
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construed' `as making.unlativful! the manufacture, sale,,trans'porta -"
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tion or possession bf any intoxicating liquor.,. in compliance' with
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the. provisi ons of -any lard or _permit of the Government -of . the.
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United "States.
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Section 17. Every person -who,. as ownerprincipal,
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a efit employee or .otherviise lets - or leases an building, •g _ ': Y fir, ,
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tenement or pla,ce, to be used in violation of any of: the provi-
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skons of •this" ordinance, in the City of Lynwo od, or v1Yio, .being , ''•
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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,,
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- '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
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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
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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
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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
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in installments payable. on specified ' dates,' and that in default
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of payment' _as therein `stipulated, he be imprisoned unti•1 the fsne
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be.-satisfied in full
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Section 22 In: all " P' , r'osecuti:6ns under the
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of `this ordinance where a conviction is'had, and sentence of- ,
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imprisonment in the :county Jail or in.the City Jail* is imposed,,.th
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Court may direct,.that the person so"conyicted shall -be, compelled
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to'work upon the public highways or.any'other. public
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work'in the' City of Lyiiwood,• 'term' "ofl such` sentencez
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Section'23 �If`any • section, ,subsection,aentence,
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clause or- .phrase of .this ordirianee':is for ..` "an y' reason 'held t 0 ' be ..
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invalid'or uncons'titutional,.'such decision, shall not af feet ' the
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validity.of, the remaining prov si.ons :bf this ordinance. , The•"'-
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City Council of ..the "City of "Lynwood hereby declares. that this
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ordinance shall be deemed td be an .exercise ~of the power, granted
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the kighteenth Amendment tq'the Constitution.of 'the United "
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States' and of the olice
, p, power of. the City,, of Lynwood,;.'for ' the
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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 •••.
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be liberally construed for the accomplishment of � hes;e, poses,
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and -the' City 'Council would have passed this oidinance, and each
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section, subsection, 'sentence,"clause and phrase-thereof irre
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tive -of the, fact' that "any one or more. of such sections,.: subsections
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sentences, - clauses or Dhrases"might.be declared invdlid�or un -"
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constitutional
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Section 24. All, ordinances, or " parts .of ordinances,
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in.conflict, herewith are repealed ,} -•
PJHEREI5'; the "laiv "df "this °state.- prokiibi'ting and '
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regulating" -the saletof intbxic.a.ting.bbverages has. been
sa City "Council: is of'the "opinion that the situation is- inimical
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to "the public welfare and since there,, at the',prese t time no
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ordinance regulating and prohibiting the, same,
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NOGV, THEREFOREi -an emergency 's, hereby declared- to
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exist and "because the facts:. above rec,i,ted this ordinance is
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urgently,reou red for the immediate-Oreservation of.the' public
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peace. health and . safety
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: Section' 25 The City,' Clerk ; the City of, Lynwood'
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is directed• to' certify `to the -adoption of this ordinance arid'. to .,
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cause the same.to be published after its final passage and approv ,
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'al once i,n I the Lynwood Iribune, which nevvspaper'is hereby designat
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ed'f or, that purpose ... A
Passed and adopted, this of .January, 1933
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Hpproved.
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M ayor f he City of
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Lynwood
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A tte,st l 1 �vr•
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City:'..terk of .the,.Cit:Y of
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Lynwood
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1 State of California, )
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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:
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9 AYES: Councilmen
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4u
y
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23 ABSENT:
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IL Councilman
City Clerk, City of Lynwood
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