ORDINANCE 190ORDWANCE NO. 190.
AN ORDINANCE OF THE CITY OF EL S`EGM09
CALIFORNIA, ADOPTED PURSUANT TO THE
-° - PROVISIONS OF CHAP TER NO. 178 OF THE
STATUTES OF 1933 OF THE STATE OF 'CALI-
FORNIA RELATING TO THE IdANUFACTME,
DISTRIBUTION AND SALE OF CERTAIN BEVERAGES;
CLASSIFYING THE VARIOUS TYPES OF LICENSES;
AND PRESCRIBING THE AMOUNT AND MANNER OF
COLLECTION OF LICENSE FEES THEREUNIE:R.
The City Council of the City of E1 Segando,
California, do ordain as follows:
SECTION 1. That this ordinance is adopted
pursuant to the provisions of Chapter 178 of the Statutes
v98
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of 1933 of the State of California, entitled: "An Act
to levy an excise tax and to regulate the manufacture,
distribution and sale of certain beverages, to provide }d
for the licensing of the manufacture, distribution and
sale; to prescribe penalties for the violation of this .
Act and to provide that this Act shall take effect imme-
diately. "; and the definitions o f the wo rds, terms and3 ._
phrases which are set forth in said Statute are hereby �.
adopted by this reference as the definitions of said
words, terms and phrases as appear herein. ;
SECTION 2. That every person whose application
r for an "On Sale" license is approved by the City Council. A
of said City shall pay a license fee of Five Dollars
($5.00) per year.
SECTION 3. That every person whose application
for an "Off Sale" license is approved by the City Council
of said City shall pay a license fee of Two Dollars
( '2.00) per year.
1-
SECTION 4. That all license fees shall be
paid to the officer of said City of El Segundo who is
charged with the collection of business licenses for
said City; and all license fees shall be payable annually
in advance, commencing on the date when such license
is granted.
SECTION 5. That it shall be unlawful for
any person, unless otherwise permitted by law, to sell,
offer for sale or vend to any other person, or to give
or donate to any customer or patron of such person within
said City any beverage or beverages herein referred to
unless suah person so selling, offering for sale or
vending, or so giving or donating any such beverage or
beverages has first procured either an "On Sale" or an
"Off Sale" license hereunder and then only to the extent
permitted under the type or types of licenses held by
such person under the provisions of said Act and of this
ordinance.
SECTION 6. That as provided in said Act, "On
Sale" licenses shall be granted only to bona fide restau-
rants, public eating places, clubs,boarding houses and /or
hotels. "On Sale" licensees may serve beverages as herein
defined, to bona fide guests and patrons only, to be eon-
sumed only vd. th meals furnished in good faith at regular
public tables, or at eating counters at whioh said guests
and patrons are seated, or in the case of clubs and /or
hotels, may be served in guests' rooms. In the case of
drive -in eating places, such beverages may be served
with meals within the premises as said term is defined
by subdivision "j" of Section 1 of said Act.
2-
1801)
SECTION 7. That as provided in said Act,
"Off Sale" licensees may sell beverages in original
packages for consumption off the premises only. It
shall constitute a misdemeanor punishable in the manner
hereinafter provided, to serve or make sales of bever-
ages in violation of the manner herein prescribed and
such violation shall constitute grounds for suspension
or revocation of permit by the City Council of said
City upon notice and hearing as provided in said Act.
SECTION 8. That as provided in said Act,
the holder of each "On Sale" permit shall have and
possess the right without further payment of license
fees or taxes, hereunder, to exercise the rights of
an "Off Sale" licensee and to make "Off Sale" tran-
saotione on the premises covered by the "On Sale"
license.
SECTION 9. That any person violating any
of the provisions of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction thereof
shall be punishable by a fine of not to exceed Three
Hundred Dollars ($300.00) or by imprisonment in the
City Jail of said City of E1 Segundo, or in the County
Jail of Los Angeles County, Califomia, as the committ-
ing magistrate may direct, for a period of not to exceed
three months or by both such fine and imp ri sonm ent in
the discretion of the Court.
SECTION 10. That if any section, subsection,
' sentence, clause or phrase of this ordinance is, for
any reason, held to be invalid or unconstitutional,
such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council
3�
of said City hereby declares that it would have passed
this ordinance and each and every section, subsection,
sentence, clause, or phrase thereof, irrespective of
the fact that any one or more other sections, subseo-
tions, sentences, clauses, or phrases, be declared
invalid or unconstitutional.
SECTION 11. That this ordinance is an emer-
gency ordinance affecting and for the immediate
preservation of the public peace, health and safety of
the said City of El Segundo and of the citizens and
public thereof, and the City Council of said City hereby
declares that the facts constituting its urgency are
as follows: that the Congress of the United States
has enacted legislation permitting the sale and
possession of the beverages referred to herein; that
the legislature of the State of California has enacted
an urgency measure prescribing certain regulations for
the manufaoture, distribution and sale of said bever-
ages, providing for the licensing, manufacture, dis-
tribution and sale thereof, designating the City Council
°- of each city to be the licensing board for said City
and delegating to said City Council the authority
to
provide
the
amount,method
and period of payment
of
license
fees
by ordinance;
that said City of El
Segundo has no ordinance in effect governing said
matters; and that the immediate enactment of this
ordinance, pursuant to the p io visions of said statute,
is necessary for the immedi ate preservation of such
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public peace, health. and safety. That therefore and in
view of the further fact that the fiscal year of said
City oommences on the 1st day of July, 1933, this
Ordinance shall take effect and be in full and complete
force am virtue on and after the said 1 a day of July,
1933; provided, however, that so far as the filing of
applications and the granting of lioenses hereunder are
concerned, the same shall take effect immediately but
no license authorized hereunder prior to midnight of
the 30th day of Jane, 1933, shall be of any f oroe or
validity until the said let day of July, 1933.
SECTION 12• That the City Clerk shall certify
to the passage and adoption of this Ordinance by a four -
fifths vote of the City Council of said City; shall
enter the same in the book of ordinances of said City;
shall make a minute of the passage and adoption thereof
in the records of the proceedings of the City Council of
said City in the minutes of the meeting at whioh the same
was passed and adopted; and shall cause the same to be
published once in the El Segundo Herald, a weekly news-
paper of general circulation, printed, published and
circulated within said City and Y&ioh is hey reby designated
for that puzpo se.
Passed, approved and adopted thi a 2 8th. day of
June, A. D. , 19 33.
WY-Or of y o Segun o,
JLTTI*T; Califo =is.
. y
(SEAL)
M
.. _ STATE OF CAL IFOIUTA, )
COUNTY OF 108 ANGELES, SS.
)
CITY OF EL SEGM DO. )
I. VICTOR D. MaCARTHY, City Clerk of the
City of E1 Segundo; California, do hereby certify that
the whole number of members of the City Council of the
said City is five; that the foregoing ordinanoe, being
Ordinwoe No. 190 , was duly passed and adopted by the
said City Council, approved and signed by the Mayor of
F sat d City, and attested by the City Clerk of said City,
all at a regular meeting of the said Council held on
the 28th day of dune, A. D., 1933, and that the same
was so passed and adopted by the following vote:
AYES: Couno ilmen Gerow, Krimmel, Selby and Mayor Binder.
NOES.: Councilmen None.
ABSENT: Councilmen Councilman Love
E
oV.
City Clerk of the City of
- - (SEAL) E1 Segundo, California,
0 ,7,
if all
A.Ov"
1 1101
Clerk's Certificate
STATE OF CALIFORNIA, )
COUNTY OF LOS ANGELES, ) SS.
CITY OF EL SEGUNDO. )
I, Victor D. McCarthy, City Clerk of the City
Of E1 Segundo, California 11 do hereby certify that the
whole number of members of the City Council of the said
City is five; that the foregoing ordinamos, being Ordi-
nate No. 190 , is a fall, true and correct original
of Ordinance No. 190 of the said City of El Segan o,—
Cali fo rni a, entitled:
"AN ORDINANCE OF THE CITY OF EL 'SEGUNDO,
CALIFORNIA, ADOPTED PURSUANT TO THE PRO -
VISIONS OF CHAPTER NO. 178 OF THE STATUTES
OF 1933 OF TIE STATE OF CALIFORNIA RELATING
TO THE MANUFACTURE$ DISTRIBUTION AIM SALE
OF CERTAIN BEVERAGES; CLASSIFYING THE
VARIOUS TYPES OF LICENSES; AND PRESCRIB-
ING THE AMO DN T &D MANNER OF COLLECTION
OF LICENSE FEES AND TAXES FOR THE SALE
AND DISTRIBUTTION OF SUCH BEVERAGES."
which was duly passed and adopted by the said City Council,
approved and signed by the Mayor of said City, and attested
by the City Clerk of said City, all at a regular meeting
of the said Council held on the 28th day of June, 1933,
aaLd that the same was so passed adopted by the follow-
ing vote:
Ayes: Councilmen Gerow, Brunel, Selby and Mayor Binder
Noes: Councilmen None
Absent: Councilmen Love
I do hereby further certify that ptireuant to the
provisions of Section 878 of Act 5233 of the General Laws
of the State of California (Deering 1923 Edition) as amended
to date, that the foregoing Ordinance No. 190 was duly and
regularly published according to law and tRe order of the
City Council of said City in the E1 Segundo Herald, a weekly
newspaper of general circulation, printed, published and
circulated within the said City, and that the same was so
pukl.ished therein on the following date, to -wit:
7wa9 29th, 1933
WITVESS my hand and the seal of said City this
- 30th day of Tune , 1933.
&c'�
MC1erk o ro
E1 Segundo, Califomi
(SEAL)
H
Affidavit of Publication
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES, sa.
CITY OF EL SEGUNDO,
Frank L. Snow .being first duly sworn, deposes and says: That he
...................... . Frank . ...................._......
is, and at all of the times hereinafter mentioned was, a citizen of the United,States of vpetlaa, over
the age of eighteen years, and a resident of the County of Los Angeles, State of 0016 if `that he
was, at, and during all of the time of the publication of the instrument hereunto attached the .............
....... ° .................................................... EA_1_ CQr ................... .............................................................................. _ ......................
OMM and publisher of EL SEGUNDO HERALD, a newspaper of general circulation, printed, pub-
lished and circulated WEEKLY in the City of El Segundo, in said County and State; that said news-
paper had been so printed, published and circulated at regular intervals of ore week for inoft -than one
year immediately preceding the publication of the instrument hereunto annexed; that said newspaper is,
and was, at all of the times herein mentioned, a newspaper of general circulation within the meaning
of Section 4460 of the Political Code of the State of California; that as provided by said seetion, said
newspaper is published for the dissemination of local or telegraphic news and intelligence of a general
character, having a bona fide subscription list of paying subscribers; that said newspaper is not and
was not at any of the times herein referred to, devoted to the interests, or published for the enter-
tainment or instruction of a particular class, profession, trade, calling, race or denominatiAn,. or for
any number of such classes, professions, trades, callings, races or demoninations, and that said news-
paper is not devoted to or published for, nor was it at any of the times herein mentioned "devoted to
or published for the purpose, whether avowed or otherwise, of entertaining or instructing such classes,
professions, trades, callings, races or denominations, or any of such classes, professions, trades call-
ings, races or denominations.
That the notice, order, ordinance, resolution or instrument hereunto attached on page........ numbered
--------- ............... ......................................... .1.,........................... --...------------------..............----...................---..... ........._...._..........._.._.
hereof in all respects, including subject matter, and size and arrangement of type, is a full, true, and
correct copy of the said notice, ordinance, resolution or instrument, in words and figures exactly as
published; that the same was set and printed in type not smaller than nonpareil and that the body of
the same was preceded with words -printed in black-face type not smaller than nonpareil, describing
and expressing in general terms the purpose and character of the notice, order, ordinance, resolution
or instrument intended to be published, as will appear from an inspection of the said annexed instru-
ment; that the ........................................ QxA inanc. e ... No... .... 19-0 .........................................................................
of which the annexed is a printed copy as hereinab ove stated, was published and printed in said news-
paper at least _.p.ne............ week......, by ............ ....................consecutive publication...., commencing on the
....... 2.9th--- day of .... .......... J.Ltna................... A. D. 193 .... 3., and ending on the ---- ........................ day of
.............. ................................ I A. D. 193 ......... and as often during said time as said newspaper was regu-
larly issued to-wit: ............................... .. .................Thursday, ---- June ... 2-t- a ..... L5 35................................
•
............................. . ............. .............................................................. ...............- ---- -----------------------•------...... ....------ •------ •- •- -...... - -- ..........
Subscribed
.................................................... I .................... ..--- ....... . ........................ ............................................
kar.............. .. • -- ... - - - -- - - -- .... ......... _.............
before me this --- /..__r_.
- ---- --- - - - - -- A. D. 193!9_
of Los Angeles, State of
By......... ............................... .....................................................
Deputy City Clerk of Said City.
.t. I >05