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HomeMy WebLinkAbout0985• ORDINANCE X10. 985. AN ORDINANCE licensing the sale of beer and wine as limited and authorized by the laws of the United for the purpose of revenue, regulation and control; Providing for the suspension and revocation of licenses; Defining offenses against said ordinance and providing penalties for the violation thereof; and declaring an emergency. THE CITY C0LMISSION CF TES CITY OF PORT ANGELES DOES ORDAIN AS FOLL01'1S: Section 1. Definition of Wine and Beer: Beer, as referred to in and within the meaning of this ordinance, is defined to be a malt beverage containing not to exceed 3.2 per cent of alcohol by weight and as defined and limited by the Acta of Congress of the United States permitting the transportation an& sale of such beverage._ "pine, as referred to in and ~within the meaning of this ordi- nance, is defined to be-a fermented beverage containing not to exceed 3.2 per cent of alcohol by weight and as defined and limited by the Acts of Congress of the United States permitting the transportation and sale of such beverage. Section 2. It shall be unlawful for any person to conduct any place within the City of Port Angeles where beer or wine is sold or offered for sale without first having obtained a valid license from the City of Port Angeles authorizing such persons to conduct such place of business at such location. Section 3. Licenses may be granted under and pursuant to the provisions of this ordinance permitting the licenses to keep for sale and to sell beer and wine which may be served and consumed on the premises. The fee for said license shall be the sum of $75.00 per annum. Section 4. Licenses may be granted under and pursuant to the provisions of this ordinance permitting the licensee to keep for sale and to sell beer and wines in sealed containers not to be consumed on the premises. The fee for said license shall be the sum of $35.00 per annum. Section 5. Licenses may be granted under and pursuant to the provisions of this ordinance permitting the licensee to keep for sale and sell beer and wine at wholesale to licensed retailers only in not less than case lots. The fee for such license shall be the sum of $100.00 per annum. Section S. Licenses may be granted under and pursuant to the provisions of this ordinance permitting hotels to sell beer and wine to guests only and to be served only in the rooms of the guests; Provided, however, no license shall be issued to hotels having less than twenty -five (25) guest rooms. The fee for such license shall be the sum of $15.00 per annum. Section 7. Licenses may be granted under and pursuant to the provisions of this ordinance for the sale of beer and wine within the clubs of incorporated lodges or fraternal societies or other organizations having a national charter. Such license shall limit the sale to members only and the fee for the same shall be 915.00 per annum. Section 8. All licenses issued under this ordinance shall designate a well defined location for the conduct of the class of business so licensed, and such license shall not be transferred to any other person or to any other location without the consent and authority of the City Commission. Section 9. Licenses for the sale of beer and wine which may be consumed on the premises,as provided in Section 3 shall be issued only for locations within the following described district of the City of Port Angeles, to wit: All of Block Fifteen (15), the South Eighty feet (SO) and the East Fifty (50) feet of Block Fourteen (14), the North Half (#0 • of Block Thirty -two (32), the North Half (N1:) of Block Thirty- three (33), the East Fifty (50) feet of Block Fifty -four (54, all in the Townsite of Port Angeles, Washington; All of Block Sixteen (16), the crest Hundred (100) feet of Block Seventeen (17), the. West Hundred (100) feet of Block Thirty (30), the E orth Half (N-k) and the East Fifty feet (50) of Block Thirty - one (31), all in Norman R. Smith's Subdivision of the Town- site of Port•Angeles; the South Half (S) of Block One (1) of Tidelands blest of Laurel Street in front of Port Angeles town - site, the South Half (0) of Block One (1), Tidelands East of Laurel Street in front of Port Angeles townsite, and the Hest One hundred (100) feet of the South Half (Si) of Block Two (2), of Tidelands East of Laurel Street in front of Port Angeles Townsite. Section 10. Licenses for the sale of beer and wine which may be consumed on the premises, as provided. in Section 3, shall be granted only to persons operating an established restaurant or re- tail soft drink parlor in the City of Port Angeles which has been operated as a bona fide restaurant or retail soft drink business in said City continuously for more than one year immediately pre - ceeding the application for said license. Section 11. Licenses for the sale of beer and wine i.n sealed r containers and not to be consumed on the premises, as provided in Section 4, shall be granted only to persons who are operating an established retail grocery and provision business in the City of Port Angeles which has been operated as a bona fide retail grocery and provision business continuously for more than one year immediate- , ly preceeding the date of the Application for said license. sell or Section 12. It shall be unlawful for any person to4serve any beer or wine to a minor or to permit a minor to drink the same on the premises of the licensee. It shall be unlawful for any person to serve beer or wine to a person who is intoxicated. 'C • Section 13. All persons operating under license issued by virtue of this ordinance shall be required to maintain an orderly place of business and to permit no loud. or boisterous conduct. No private rooms for the service of beer or wine and no secret or private entrance to the said premises shall be permitted. Section 14. All ordinances of the City of Port Angeles, as well as all @tate and Federal laws and regulations, must be strictly observed. Every portion of the premises of licensee operating a place for the sale or consumption of beer or wine on the premises shall be open to the inspection of the officers of tne Department of Public Safety at any time. Section 15. No beer or wine snail be sold or served by any licensee after 12 o'clock, midnight, or before 7 o'clock, a.m., or on Sunday. Section 16. It shall be unlawful for any person to drink beer or wine on tne street or in any restaurant or public place ex- • cent in restaurants and soft drink parlors duly and regularly licenses} by tne City of Port Angeles to serve such beer and wine. Section 17. "Person" within the meaning of tnis ordinance shall mean and include natural persons of either sex, firms, co- partnerships and corporations. Section la. All licenses issued under the provisions of this orainance snail be aisplayea in a conspicuous place at the location so licensed. Section 19. Surety Bonds: All persons granted licenses under the provisions of this ordinance shall be required to file with the City Clerk a bond executed by a duly authorized surety company in the sum of $500.00. This bond shall run in favor of the City of Port Angeles and shall be conditioned for the faithful observance of this ordinance. The bond shall be approved by the City Attorney as to form. On the granting of a license by the City Commission and after such bond has been filed, the City Clerk shall issue the license as provided herein. Such license shall only be valid during the time €3uch bond is in effect. The City Commission may, at its option, accept a cash deposit or municipal warrants in place of a surety bond. Section 20. License Fees Paid in Advance: All license fees required by this ordinance shall be paid in advance for the period applied for and no application shall be submitted to the City Com- mission mntil the license fee has been paid in full. Applicants shall pay the license fee fo the City Treasurer, the receipt there- for shall be submitted with the application. Section 21. Applications for license shall be made upon forms prescribed by the City Clerk and shall be completed, signed and verified before an officer authorized -to administer oaths. All license applications shall be submitted to the Department of Public Safety and the Chief of Police shall be required to mare a full investigation of and report upon all facts relative to the applicant which may aid the Commission in the consideration of the application. No application shall be considered unless the applicant is a citizen of the United States and has been a resident of the State of T,ashin-ton continuously for more than one year immediately prior to the date of the application, and of good moral character. No application shall be considered unless the buildirs for which the license is applied conform to the requirements of this ordinance and all requirements relative to health and sanitation, and with the Zoning ordinances. The City Commission shall examine and consider the report of the Chief of Police and make such further inquiry relative to the application as may be deemed necessary; if the Commission is satisfied, that the state- ments contained in the application are true; that applicants and all per- sons connected with the business for which a license has been sought are of good moral character; that the license is not sought for the purpose of engaging in unlawful acts or practices; and if it appears that the applicant will endeavor in every way to comply with the State and Feder- al laws this and other ordinances of the City of Port Angeles, the City Commission may grant the license applied for Provided, however, the City Commission reserves the right to exercise its reasonable discre- tion in the granting of all licensee under this ordinance and the decision of the Commission in such cases shall be final. Section 22. Issue and Term of Licenses: Licenses granted under the provisions of this ordinance shall be issued by the City Clerk. Such licenses shall expire on June 30th of each year and applications shall be made and licenses issued to expire on June 30th following the date of ap- • placation; the applicant shall pay such proportion of the annual fee pro - vicea that the period up to June 30th following the date of application bears to a year. No licenses shall be issued hereunder prior to April 7,1933. Section 23. Revocation and Suspension: On application of the Depart- ment of Public Safety, licensees shall be granted a hearing before the City Commission on not less than five days notice requiring him to show cause why the license should not be revoked; such notice shall set forth the principal causes of complaint against him. After such hearing any license issued under the provisions of this ordinance may be revoked by the City Commission for violation of the provisions of this ordinance or other ordinances or of the State or Federal law, or upon good cause shown. • The Commissioner of Public Safety is hereby empowered to suspend any license issued under the provisions of this ordinance pending a hearing before the City Commission. Any person conducting any business licensed hereunder, after notice of suspension or revocation of such license, shall be liable to the penalties hereby provided for operating such business without a license. The action of the City Commission regarding the suspen- sion or revocation of any license shall be final. -6- • • • Section 24. The term "good cause ", as herein used, shall be construed to be and mean disregard of warnings and notices by police officers, disregard of this and other ordinances of said city; drunkenness, or the committing of any offense involving moral turpitude, or a failure of any licensee, or the premises upon or equipment with which, his business is carried on, to comply with and conform to the requirements for the granting of such license as set forth in this ordinance. Section 25. Penalties for Violating This Ordinance: Any person violating or failing to comply with any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than One hundred ($100.00) Dollars, or by imprisonment in the City jail for a period of not more than Thirty (30) days, or by both such fine, and imprisonment. Section 26. Who May be Guilty of Violation of This Ordinance: Every person concerned in any act or omission in violation of this ordinance, either as principal or agent, owner or employe, whether he directly performs or omits to perform any act in violation of this ordinance, or aids or abets the same, whether present or absent, and every person who directly or indirectly, counsels, encourages, hires, commands, induces or otherwise procures'another to commit such violation is, and shall be, a principal under the terms of this ordinance and shall be proceeded against and prosecuted as such. Section 27. WHEREAS, the people of the State of Washington, at the last general election, by referendum repealed the laws pro- hibiting the sale of intoxicating licuor commonly known as the "Prohibition Law ", and WHEREAS, the Congress of the United States has recently legalized the sale and consumption of beer and wine as defined herein, which act is effective on April 7, 1933. THEREFORE, IT IS DECLARED that this ordinance is urgent and necessary for the immediate preservation of the public peace, • health and safety of tree people of the City of Port Angeles and �shi3 tae effect P aea,age, +a, tova and be in•force imtrediately from and after its apd .Thwfui y' l i at is p . Pas,, e& fir r►readiTig by the aty 9ommisPibn Passed eecOn ,rsadinz by the Ci y Oortmras'id'a: arch 29, March 22, 1933. r e, _,,,„... assed third readin' . anprfiaally atppte¢ a4d gassed by Commission Ap it 5tU, 1933. '., r < Approirea,.pne. signed by t9e Mar A r).1 .W' , 1933. S Attest: 1j y/ f! /..2/7, r-. City Clerk. Approved as to fora: Published: City Attorney. 1933. the City itayor. ry � f r�+ r