Loading...
HomeMy WebLinkAbout0404 Ordinance ORDINANCE NUMBER 4046 AN ORDINANCE REGULATING THE MANUFACTURE, . BREWING, TRANSPORTATION, CONSUMPTION, AND SALE OF NONINTOXICATING DINES, BEER, ALE-, PORTER AND OTHER MALT BEVERAGES: PROVIDING FOR LICENSE FEES TO BE PAID THEREFOR: AND* PROVIDING FOR PENALTIES FIR THE VIOLATION OF THIS ORDINANCE. The City Council of the. City of Pasco does ordain Secion 1 . DEFINITIONS. (a) The term "nonintoxicating wine, beer, ale , porter and other malt beverages" is hereby defined to be wine , beer, 'ale , porter and other malt beverages containing of one . as much as one-half/per centum. and not more than three and two tenths per centum of alcohol by weight. (b) Every person, firm or corporation 'engaged in the business of brewing or manufactur-ing and/or selling at wholesale nonintoxi- eating wine or be.er shall be, for the purpose of this ordinance, deemed to be a "Wholesaler ." ' A "wholesaler" is one who sells such nonintoxicating beverages for the purpo.se . of resale , or who sells and delivers to an ultimate consumer such beverages in quantities of' not less than case. lots 'of-'not less than 24 pints or 12' quarts. (c,) Every person, firm or corporation who sells . such nonintoxi- eating beverages not for consumption upon the premises where such sale is made shall be deemed to be 'a "retailer ." (d) The term "direct dealer" shall be construed to mean any person, firm or 'corporation who sells for. consumption upon the premises such nonintoxicating beverages . (e) The term "lodges" shall be construed to mean fraternal organizations. not organized for 'profit . (f) The term "club" shall be construed to mean bona fide social and/.or athletic organizations not organized -for profit. (g) The term "restaurant" shall'-'m' ean an eating place, fully equipped with modern conveniences for cooking and serving food on the premises, where hot meals are served to the public at leaxt three times a day and at least. siX days .in. the week. (h). The term. "hotel" shall mean any hotel. catering to- permanent and transient guests and . in which dining rooms, . banquet rooms and/or lunch counters are ,operated. in connection therewith. Section 2. It shall be unlawful -for any person, .firm or cor- poration to sell or otherwise dispose -of any such non-intoxicating beverages within the limits of the "it ' of Pasco without first ob- taining from .the city council 'a license therefor . Section 3.• It shall be unlawful for any person, firm or . corporation to" sell or otherwise dispose of any such nonintoxicating beverages within the limits of -the City of Pasco .to any minor or to any intoxicate.d. person. Section 4. All such licenses shall be granted by the city council for the period o,f one calendar year; provided that as to the year 1933, such licenses shall be granted from theist day of July to the first day of January, 1934.. Section 5. No wholesaler shall own or control, in whole or in part, any license issued `hereunder to any direct dealer, or have an interest in the business. conducted by .such direct dealer. Section 6,. The city council may in its discretion permit the location of the place of- business designatediii the license to be .changed, w,lthout any fee or charge therefor. All applications for such change must be in writing, stating the reasons therefor , and be accompanied by the written consent of the owner of the place to which it is intended to transfer the place of, business, as re- quired in the granting of a license in the first instance ; provided that such written consent of the owner shall not be required in cases where the licensee is the holder of .an existing .written lease. Section 7 . No direct deal er�s license shall be ,granted except to : (a) A person or persons' who' are of good moral ,character and twenty-one years of .age or over; (b) g person or persons who are devoted to, the government of the United States, the State of •Washington, and the City of Pasco, Washington, and' rho are 'capable of 'understarid ing the law's of the United States, State of Washington, .and, the ordinances of the City of Pasco , Washington; and a person who has resided in the City of Pasco or owns a business established therein,.for at least one year. Section 8. No .wholesaler' s license shall be issued to any persori Who ha's not been a resident 'of the City of- Pasco for at lea-st one year or had a bona fide business in said city :for a like length of time. Section 9 . The license fee for any wholesaler his hereby fixed at the sum of $75'.00 per annum;, provided that, for the remainder of the year. 1933, it is hereby fixed .for the period beginning July;., 1933 and ending January 1, 1934., at . $37 .50 . Section 10. The lieense 'fee for any retailer is hereby fixe at the. sum of $50.00 per annum; provided that, for the remainder of the year 1933, it is hereby fixed for the period beginning July 1, 1933, and ending January 1, 1934, at the sum of $25.00.. Section 11. The license fee- for any direct dealer .is hereby fixed at -the sum of $60.00 per, annum; provided that , for 'the re- mainder of the year 1933, it is hereby fixed for the period be- ginning July '! 1933 and ending January 1, 1934, at the sun of 00.00 . Section 12. The license .fee for any club or- lodge is hereby f-fixed at the .sum of $150.00 per annum; :provid'ed that , for the remainder of the year ' 1933, 'it is hereby fixed for the period beginning July 1, 1933 and ending, January 'l, 1934 at $75.00. Section 13 . The license fee for any restaurant is Hereby fixed at the su_m of x60.00 p''er annum; provided that, for the remainder of the .year 1933 anal ending January 1, 19342 it is hereby* fixed at the sum of $30900;. provided further that the holder of a' license for any restaurant as herein defined and provided , for shall not be obligated to take out any direct-`dealer's license. Section 14. The license fee for any hotel is hereby fixed at the sum of, $60.-00 per annum; provided that, for the 'remainder of the year .1933, it is hereby fixed for the Deriod beginning July 1, 1933 and ending January 12 1934, . at the sum of $30 .00 Section 15 . All licenses --shall be issued by the City Clerk. Section 16. All applications for licenses must be in writing and be ,filed with the City Clerk and must be- accompanied 'by the affidavit of the applicant, 'or in case the applicant be a corporation then by .son'e officer or agent thereof, showing that the applicant is qualified under the provisions of this ordinance to receive a license .and that the place of business .to be conducted is such a place as may. be authorized .under. the provisions of 'thi's ordinance. Such application must. also. be accompanied by a receipt from; the city treasurer for the amount of the fee. Section 17 . . No direct dealer's license or restaurant license or retailer',s, license shall be granted for any location within 140 feet on ari air line from any church, public school building or public building used *exclusively for school purposes. Section 18. Any licensee holding -:a retailer' s license shall only be permitted to sell the nonintoxicating beverages- described . 'in this ordinance for, delivery to the home of the consutner, .and such deliveries. 'shall be made by the licensee holding the retailer' s licanae or by his , duly and. regularly employed delivery clerks; provided,. however , that the delivery may be made in duly wrapped packages into the car or conveyance of the purchaser in the street or alley- adjoining the premises of the licensee for purposes of transportation by the purchaser himself. Section 19 . It shall be the ' duty of, every direct dealer to post and keep posted in a conspicuous place in his place of busi- ness the license under which said place of business is conducted. Section 20. It shall be 'Unlawful for any direct dealer or for any agent ,.. bartender or .enploye'e. of such persons to sell any of the nonintoxi'cating .beverages herein defined to any persons under the age of twenty-one years.. Section 21. • It shall ,be unlawful for any direct .dealer or any `person employed by .him, or the owner of any building in which such direct dealer's business is coxiducted at any time to. allow screens, curtains , blinds, signs,. or any -other obstruction to he Placed, so as to prevent a clear view' of the interiorof such place from being had . from the exterior thereof or from the street upon which such place abuts . Section .22. (a) It shall beunlawful for .any direct dealer to give, deliver' or otherwise dispose. of noninto-icating beverages as defined in, tYiis ordinance at any place other than that for which a license has been` duly issued hereunder and is in force. (b) No club or lodge shall sell or- serve the nonintoxicating bever..ages in this .ordinance referred to save to members of 'such club or lodge- and to such guests as may be, under the rules or by-laws of the club' or order, entitled to its accomodations. (c) No hotel license. issued hereunder shall entitle the. holder thereof to serve :the nonintoxicating beverages in this ordinance referred to except in the dining room of . such hotel and/ or to bona fide guests thereof in their rooms . (d) No licensee shall sell any .of said beverages unless the beverages are purchased from a wholesaler licensed under the . provisions of this ordinance. ( e) No license of any kind to sell nonintoxi;cating beverages as defined in this ordinance shall be granted to ,any person or persons for the purpose of sale thereof-at any .public dance hall. Section , 23. 'No club or lodge shall be entitled to a license unless it shall be made to' appear to the satisfaction of the city council 'that: (a) It is a bona fide -club or lodge , and is not adopting the guise of such organization as a cloak for the selling of the non- intoxicating beverages in .this ordinance referred to. (bb Such club or lodge has. a substantial permanent resident membership, all of whom shall be twenty,-one years of age or older. Section 24. All applications for licenses hereunder must be in writing agreeing to .,comply with thea. teras .of this and all other ordinances of the City of Pasco now existing or as they may be amended, , and must be filed 'with the city clerk and must be ac- companied ccompanied by the affidavit: of the . applicant or the duly elected, qualified and acting officer of said applicant, shoring that the applicant .is qualified under the provisions of this ordinance to receive a license. Such application must also be accompanied by the receipt of the : city treasurer of the amount of the fee. Section ,25.. All.licanses issued under or in .pursuance of this ordinance shall ,be subject to' revocation or suspension- by the city council for violation of any of the terms or provisions of this -ordiriane`e or 'for any cause. therefor which appears satis- factory to the city council . Said licenses may be shortened or the revocation or suspension take place at a future. date subsequent to the time of the hearing for such revocation or suspension. Any license may be• shortened by day of penalty or fine . for any reason which shall .to the city council. seem sufficient. The action of the city, council as to any `of the matters referred to in this section shall be' conclusive and not subject to review, and all applioants .for licenses under this ordinance shall be deemed to have agreed to the provisions of this section. Section 26 . The eity. council is 'hereby authorized to pro- . mulgate rules and regulations not inconsistent with •the provisions of this ordinance or- any other ordinances of the City of Pasco for the issuance of ,licenses hereunder and. for the operation- of all businesses by licenses in respect to the sale of the. beverages referred to' in this ordinance . Said regulations maybe modified from time to time as the council may deem desirable. Section 27 . Any person violating .ariy provisions of this ordinance upon conviction thereof shall be punished by .a fine of not ,more than three hundred dollars ($300,00) , or by imprisonment in the city jail not to -exceed ninety days, or by' both such fine . and imprisonment . . Section 28. If any. provisions of this ordinance or' the application" thereof to any person or circumstance is held invalid, the remainder of this ordinance and the application of such provisions to. any person- or circumstance shall not be affected thereby. Section 29 .". This ordinance ,shall be in force and effect five (5) , days after. its passage and publication as -required by law. No license shall be required until July 1, 1933. Passed and approved this 8th day of June, 1933. Mayor. Attest: it Clerk. .Approved as to form: ity Attorney. I