HomeMy Public PortalAboutOrdinance 33ORDINANCE NUL 3ERc3 3
AN OR')INAl'C. 7ROHI3TTING THE SALE OF INTOXIC A.ING
LIQUORS 17T: ?I7T THE CITY OF 3EA J:'ONT, EXCE 'TTTG FOR BOTTADIDE
RT'- ' i 9 T 7 T
i.:}�DIC ^iL Pt.JiiFO 7 ..7.71-) ITC � �..'� 1 AI�_�,R HEREIN �':�C dIT?��,D , AND
P'':OlrIDITT G i. PE—ITY -r'OR TTS VIOLATTO7 THEREOF.
The Board of Trusteee of the City of Beaumont do ocdain
as folio- s:
Section I. Any person, firm or corporationthat,
within the City of Beaumont, estaolish,: e, keens opri, maintains,
or carries on a blace ehe:re s -iri Lous, vino , mal; or nixed
liquors, or env alco._:otic or intox cat.iee drink;, ore sold,
.kept for. ,:,ale, offered for sale, furnished, distri )utcd,
divided, delivered or given away, or that, wi eine Said city
either as owner, employe, a.gent,j servant, clerk or, otherwise
sells, keeps for sale, offers for sale, furnishes, distributes,
divides, delivers, or ;fives away any spirito`•.1s, tirlous, malt
or mixed li,:,uors, or any alcoholic or intoxicating drinks,
shall be deemed guilty of a misdemeanor.
Section 2. j very person who small directly or
indirectlj keep or maintain, by himaelf, or be assi)ciating
or combining with others, or shall in <,.ny manner a.d, azeist
or abet in keeping or maintaining ane club room or other
place witnin the Cit;; of Beaumont, in ehieh eny in ;ox:i catirx
liquors are received or kept for tee purpose oo us , gift,
barter or sale, or for distribution or division am,ng the
members of any club or as ociation, by any £Leans whatever,
and every person 77.:1O shall use, barter, yell, or g.ve away,
or who shall assist or abet another in bartering, ;ening
or i?'iving a''.'7ay, ane _intoxicating ating liquor sold, so rice _ved
or kept, shall be deemed guilt;,) of a misdemeanor.
section 3. ;;very per son having in his pos;ession,
in the City of Beaumont, an' spiritous, vino as, ma .t or
mixed liquors, or any alcoholic or intoxicating; dr .,nks, ,
or bottles, or barrels, or vessels or other a_articl?s, with
the intent to use the same in violation of this ordinance,
shall be deemed guilty of a misdemeanor, and in a.deition
to the penalty thereto hereinafter provided, all s Lcel
liquors, bottles, barrels, vessels or other articl!s in the
possession of such persons, shall be and are-•'iere;b; declared
to be nuisances, aridrthe'Marshall and his debuties and any
peace officers, shall have the, right, and it shall be their
duty to abate such nuisance ro:f seizing the same, and upon
the conviction of such eersen cf violating this or finance,
all such liquors shall be destroyed.
Section 4. every person elho lets or leases any
building, tenement or glace o ened by nim or _ender his con rol,
within the Citoy of Beaumont, to be used, or per_aite the same
to be used in violation of this ordin nce, snail be deemed
guilty of misdemeanor.
Section b. Every person, or any officer, a,;ent or
employe of a railroad company, expresa company or ether
coir non carrier, or persons who shall, in :the City f
Section 6. It shall,be the dute of tne yarshall,
his deputies and all constables and peace officers of the
City of Beaumont, to put persons suspected of violating
this ordinance under the police surveillance and to use
all legal means in detecting and convicting persons
violating this ordinance, including the exercise of the
right of search given by the State law, and Chapter 3
of part 2 of Title twelve of the penal Code of the -tate
of California, so far as the same does not apply to actions
or proceedinss under tads ordinance, is hereby, so far as
the same can be made applicable, made to apely and by
in force in tne City of Beaumont.
Section 7. Any registered pharmacist under the
laws of tne State, may, as proprietor or employe, in a
regular drug store, having a permit, as hereinafter in
this ordinance provided for, and in the manner herein
specified, sell alcoaolic liquore, in the City of Beaumont,
for bonafide medical purposes. Said sale shall be made
only upon the written prescription of a regularly licensed
and practicing nhysician. But no prescription sSall be
required shere(the pure) unad_lterated and unmixed alcohol
is wanted for mechanical or scientific purpoues, or to be
used for any other than. beverage purposee, provided said
sale is made in good faith to the purchaser and upon the
pemit for such purposes, issued by the Board of Trustees
of the City of 3eaareon4alesaisdkprovided further that the
said druggist shall AellArenister im Mem JaMER of all sales
made without a-prescrintion, in which register shall be
entered in ink the name of the purchaser, date of purchaee,
the quantity purchased, and purpose for «hich it is to be
used, which register shall, at all business hours, be
open to the inspection of any peace officer of the city,
county or state, and to anyperson designated by the
Board of Trustees in the City of Beaumont, and any druggist
who shall fail to keep said, register and make entries in.
the manner herein specified, or 'shall fail or refuse to
permit the same to be examinedsor inspected by any city
officer in the City of Beaumon.t, during business Sours,
upon demand made by him, or shall fail to comply 'with
any of the provisions of this section, in addition to any
other penalty imposed, shall have the said permit revoked
by the president of the Board of Trustees.
Section 8. eny physician who shall give tc -or
write for any well person, or person not in actual need
of said liquor as a medicine, any prescription for alcoholic
liquors, either separately or compounded With other
ingredients, or who shall violate or assist in viclating
rey of the provisions of this ordinance, shall be deemed
guilty of a misdemeanor, and upon conviction thereof, in
addition to the penalty herein specified, no aleokolic
liquor shall thereafter be supplied, furnished, acid or
delivered to any person ay any registered pharmacist upon
the prescriptioi of said physician.
Section 9. Whenever the father, mother, sister,
brother, wife, husband, or nuaraian or any relative of
any person shall notify any registered pharmacist or
druggist that such person, naming him, uses intoxicating
liquor as a beverage, and shall forbid said pharmrscist or
druggist from selling, barterin.a or giving to such person
any alcoholic liquors, it shall be unlawful for ae,y such
pharmacist or druggist, after such notice, to let any such
person have any alcoholic liquors upon prescripticn or
other*ise.
Section 10. Every act in violation of this Drdin:nce
may separately or for each day of its continuance, be
deemed a aeparate offense, but charge of any said
violation of this act made during any month or months
may be supported by proof thereof at any time duri•ig
said period, and any person who shall in any manner
encourage, aid, abet or assist in the violation of this
ordinance, • shall be deemed guilty of a misdemeanor, and
any clerk, servant, agent or person committing any act
in violation of this ordinance eaa11 be deeded guilty as
principal.
Section 11, Every druggist L as herein provided,
who furnishes, or keeps for the purpose of furnishing
to others, any alcoholic, vinous, malt ox' mixed liquors
in the manner herein provided for the furnishing of
such liquors by the druggist, shall first secure a permit
so co do from t''e Board of Trustees of the City of
Beaumont. The Clerk of the City of Beaumont, shall
hove prepared a Tank permit for use under this section,
and all permits should be made in du ,Tic a te, one to remain
on file wits the clerk, and any and all permits e a.11 be
revocable at any time at the pleasure of the board.
Section 12. The words "intoxicating; liquors" as
used in this crdinance shall be construed to mean alcohol,
-ine, beer, spiritous, vinous and alt liquors, ard all
intoxicating liquors .,,�hatever.
Section 13. Any violation of this ordinance or any
of the provisions thereof, shall constitute a misc.enieanor,
and every person found guilty of violating any of the
provisions thereof shall, upon conviction, be fined in
the sum of not more than $600 or be imprisoned in the
city or county jail for not more than ninety days, or
be punished by both such fine and imprisonment.
Section I4. The City Clerk shall -certify te the
pas sage of this ord inane- a d shall cause the sain to be
p u itl a ,^ r�. j' c�-- .M. ::_-14,, e �J
an- thirty days after the adoption of this ordinance
it shall be in full foie and effect.
Ado-eted this go* day of L/%aP1
Sed l_
1913.
presidento T t' Board of ',rus tees of
the City B ,.umont.
At test 2/1-23
C er .
1 hereby certify that the foregoing ordinanc = was
introduced at a meeting of the Board of Trustees :f the
City of Beaumont, held on the If day of -c9- A. D. 1913,
and that it wag1di1yand adopted by said BDard of
Trustees at asere eu ar meeting, held cn the J -day of4- V
A. D. 1913, by the following vote: v'
'\y e ; 144waote e.o �,.:e-c-, 71 ' ezy, ,7, t7. -(L , y ,
P;o. 72a�
Absent.
Ana 1 further certify tha the president of the
Board of Trustees signed said ordinance on the
of ,fav, A. D. I913.
said
day
City Clerk of the City of )4eauraont.