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Home My Public Portal AboutOrd. 0208ORDINANCE NO. 20 8- AN ORDINANCE OF THE CITY OF LYNWOOD REGULATING THE MANUFACTURE, SALE AND DISTRIBUTION OF ALCOHOLIC BEVERAGES IN SAID CITY, PROVIDING PENALTY FOR VIOLATION THEREOF, AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. The City Council of the City of Lynwood do ordain as follows: SECTION I: It shall be unlawful for any person, firm or corporation to manufacture for sale, to sell or to distribute, in the City of Lynwood any alcoholic beverage containing more than one- half of one per cent, by weight, of alcoholic content, except as hereinafter provided. SECTION II: It shall be unlawful for any person, firm or corporation to Zell any alcoholic beverage containing more than 3.2 per cent, by weight, of alcohol content except for medicinal purposes upon a pref�oription signed by a phyeician licenses under the laws of the State of California to prescri'oe such beverage for medicinal pur- poses, and further except as follows: 1. Such prescription may be filled only b; a licensed pharmacist. 2. Such prescription may be filled only once. 3. Such prescription may be filled onl;r at a bona fide drug :tore. 4. Such drug store must be operated by a person, firm or corpora- tion which has procured a license, as hereinafter provided, to so dis- pense such beverage at such drug store, and shall have paid a fee for such license in the sum of $100.00 per annum, payable quarterly, for each such drug store. SECTION III: It shall be unlawful for any person, firm or corporation to 4anufacture for sale, in said City, any alcoholic beverage containing more than one -half of one per cent, by weight, of alcohol content except under the authority of a license, as hereinafter provided -1- designating the premises upon which the same may be manufactured and for which license a fee shall have been paid ii, the sum of = )1000.00 per annum, payable quarterly. SECT IV : It shall be unlawful for any person, firm or corporation to sell, for consumption on the premises, any alcoholic beverage in said City, containing more than one -half of one per cent, by weight, of alcohol content, except under the authority of a license for which has been paid a fee it the sum of ,'?100.00 per annum, payable quarterly, as hereinafter provided, and. except that such beverage con- tain not more than 3.2 per cent, by weight, of alcohol content and the same shall be served with a meal for each person so served, and consumed at a table. SEC V: It shall be unlawful for any person, firm or corporation to sell, for consumption off the premises, any alcoholic beverage containing more than one -half of one per cent, by weight, of alcohol content except under authority of a license, for which a fee has been paid in the sum of ?50.00 per annum, payable_ quarterly, as hereinafter provided, and except that such beverage contain not more than 3.2 per cent, by weight, of alcohol content and the same shall be taken from the premises before being consumed. SECTION Vh : It shall be unlawful for any person, firm or corporation to sell at wholesale in said City any alcoholic beverage containing more than one -half of one per cent, by weight, of alcohol content, except under authority of a license for which a fee has been paid in the sum of ?100.00 per annum, payable quarterly, as hereinafter provided, and except that such beverage contain not more than 3.2 per cent, by weight, of alcohol content and the same be sold to a licensee hereunder. SECTION VII: It shall be unlawful for any person, firm or corporation to deliver at wholesale or retail any alcoholic beverage in said City containing more than one -half of one per cent, by weight, of alcohol content, except under authority of a license for which a fee - 2 - shall have been paid in the sum of x $ 4 50.00 per annum, payable quarterly, for each conveyance in which the same shall be delivered, and except that this section shall not apply to one or two, but not more, con- veyances owned and operated by a licensee hereunder for the manufacture or sale by wholesale of such beverages, and further except that this section shall not apply to any vehicle delivering medicinal beverages to any drug store licensed hereunder. SECTION VIII It shall be unlawful for any person, firm or corporation to sell or deliver in Maid City, at wholesale, any alcoholic beverage containing more than one -half of one per cent, by weight, of alcohol content, except to a licensee hereunder for retail sale. SECTIOtd IX: It shall be unlawful for any licensed or un- licensed person, firm or corporation to sell or offer for sale, within 300 feet of any church or school premises, any alcoholic beverage con- taining more than one -half of one per cent, by weight, of alcohol come-' . SECTION X: It shall be unlawful for any licensed or un- licensed person to solicit, upon any residence premises, for purchase or sale, any alcoholic beverage containing more than one -half of one per cent, by weight, of alcohol content. r SECT ION XI: It shall be unlawful for any licenses or un- licensed person, firm or corporation to sell or offer for Bale, to any minor under the age of eighteen years, any alcoholic beverage contain- ing more than one -half of one per cent, by weight, of alcohol content. SF.CTIO XII_ All licences herein provided for shall be issued under the authority and at the option of the City Council, anu upon such application and showing at it may specify from time to time, the Council reserving the right to reject any or all application;. SECTION XIII: The conviction of any licensee hereunder, of the violation of any of the provisions of this ordinance, or of any of the laws of the United States or of the State of California pertaining -3- to the manufacture, sale or distribution of alcoholic beverages, shall operate by such fact itself to cancel any license isEued here- under held by such licensee. SECTION XIV Any person, fire; or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, ank upon conviction thereof shall be fined in a sum not exceeding $300,00 or imprisoned in the County Jail for a period not exceeding three months. SECTION XV: All ordinances or parts of ordinances in conflict with this ordinance, are hereby repealed. SEM C XVI: It is hereby declared that the immediate preservation of the public peace, health and safety requires that this ordinance shall become effective immediately, and the facts con- stituting the urgency thereof are as follows: The laws enforcing the provisions of the Eighteenth Amendment to the Constitution of the United Statec, have been radically repealed or amended and the Wright Act of the State of California has been repealed, so leaving the States, California in particular, and subdivisions thereof, inadequ- ately protected against the evils of the liquor traffic unless such states and subdivisions thereof protect themselves against such evils by adequate legislation; and the City of Lynwood being inadequately so protected is in danger of being immediately overrun by racketeers and rum dealers. SECTION XVII: If any section, sub - section, sentence, clause or phrase of this ordinance is for any reason held to be uncon- -titutional, in violation of law, or inoperative, such decision shall not affect the validity of the remaining portion of this ordinance. The City Council of the City of Lynwood hereby declares that it would have passed this ordinance, and each section, sub - section, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, sub - sections, sentences, clauses, or phrases be declared unconstitutional, in violation of the law, or inoperative. r . SECTION XVII The City Clerk shall certify to the passage of this ordinance by a vote of four - fifths of the members of the City Council and shall cause the same to be published in the Lynwood Tribune, a newspaper published in said City, which is hereby designated for that purpose, and the same shall be- come immediately effective upon the passage thereof. ATTEST: _ _ -_ -- CITY CLERK - I, R. W . AYDE _ City Clerk of the City of Lynwood hereby certify that the foregoing ordinance was passed by the City Council of said City at an adjourned regular meeting thereof held on the iith day of April, 1933, and that the same was so pasted by a four - fifths vote of said City Council, said vote being as follows: AYES: COTT CII,i''3F: "'right, Daetweiler, Childs and Davies. 140ES. COLT?dCIIi:Eb': Snyder. ABSENT: -EF: hone. Dated April 11th. 1833. i CITY CLEEC. -5-