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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.