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HomeMy WebLinkAbout0988ORDINANCE No. AN ORDINANCE Providing for licensing and re ,-ulatinr the manufacture, distribution and sale of beer and wine for the purpose of regulation and of revenue; Providing for the suspension and revocation of licenses; Defining offenses against the said or- dinance and providiin:g penalties for -the violation thereof; Repeal- ing Ordinance No. 985 and declaring an emregency. THE CITY COMMISSION OF THE CITY OF PORT ANGELES DOES ORDAIN AS FOLLOWS: Section 1. Definitions: A. The word "beer" as used in this ordinance means a malt beverage containing not to exceed 3.2% alcohol by weight as de- fined by the United States laws permitting the transportation of such beverage for the purpose of sale. B. The word "wine" as used in this ordinance means a fer- ;-- mented beverage containing not to exceed 3.2 alcohol by weight as defined by the United States laws permitting the transporta- tion of such beverage for the purpose of sale. C. The word "person" includes every individual, partnership, corporation or association. D. The word "sell" includes the act of soliciting or receiving an order for or keeping or exposing for sale, delivering for value, carrying about for purposes of sale or in general to engage in the business of traffic or handling of beer and wine. E. The word "brewer" shall mean any person having a factory adapted to the manufacture of beer. F. The word "wholesaler" means any person operating a store or establishment in the City of rort Angeles for the distribution and sale of beer or wine in whthlesale or jobbing quantities or package lots only and not to consumers. The word "wholesaler" shall also include any person who delivers beer or wine to a retailer in the City of Port Angeles. The word "wholesaler" shall also incivae any person who purchases or receives beer from any other source than a licensed brewer or wholesaler as defined in this Sordinance or who purchases or receives beer or wine from outside the City of Port Angeles for sale within the said city, whether such sales be at wholesale or retail. G. The worst t'iRetailerf shall mean any person keeping or of- fering for sale or with the intent to sell any beer or wine at retail either for consumption on the premises or otherwise. Section 2. All persons engaging in the business or occupa- tion of brewer, wholesaler or retailer of beer or wine within the City of Port Angeles shall be required to secure a valid and sub- sisting license from the City of Yort Angeles authorizing such per- son to engage in such business or occupation in the manner and with - in the restrictions as herein set forth and provided. Section 3. The amount of the fee for the said licenses of a brewer or wholesaler shall be as follows: For a brewer the sum of $250.00 pSr annum. For a wholesaler, the sum of ^l00.00 per annum. Provided, however, that any person holding a brewer's license within the City of Port Angeles shall be entitled to distribute beer in the same manner as a wholesaler. Section 4. Retailer's License. A retailer's license may be issued for the sale of beer and wine under the following restric- tions and limitations and for the following fees: A retailer's .license may PP termed permitting the licensee to keep and sell beer and wine which may be served and consumed on the premises. The fee for such license shall be $75.00 per year.. Such licenses shall only be issued for locations within the following described district, to wit: All of block 15, south 80 feet and the east 50 feet of Block 14; the south 80 feet of Block 13; the north half of Block 32; the north half of Block 33; the north half of Block 34; the east 50 feet of Block 54; the east 50 feet of Block 69; the east 50 feet of Block 168; The east 50 feet of Block 167, Townsite of Port Angeles; all of Block 16; the west 100 feet and the south 50 feet of Block 17; the west 100 feet of the north half of Block 30 and the east 50 feet and the north half of Block 31, all in Norman R. Smith's Subdivision of the Townsite of Port Angeles; All of Block 1, Tidelands west of Laurel Street in from of Port Angeles; all of Block 1, Tidelands east of Laurel Street in front of Port Angeles; and the west 100 feet of Block 2, Tidelands east of Laurel Street. Such licenses shall only be issued to persons operating a restaurant or retail soft drink parlor in the City of Port Angeles which has been operated as a bona fide restaurant or soft drink business in the city for more than thirty days immediately preceeding such application for license. B. A. retailer's license may be issued permitting the licensee to sell beer and wine in sealed containers not to be consumed on the premises. The fee for such license shall be $35.00 per year. Such licenses shall be granted only to persons wino are operating an established retail grocery and provision businese iii the City of -_Port Angeles which .has been operated as a bona fide retail grocery and provision business continuously for more than thirty days imme- diately preceeding the date of the application for said licenses. 0. A retailer's license may be issued to hotels having twenty - five or more guest rooms permitting the licensee to sell beer and wine to guests only to be served in the rooms of such guests. The fee for such license shall be 415.00 per year. D. A retailer's license may be issued to clubs and fraternal societies having a national charter iermitting the licensee to sell beer and wine within such clubs, to members only. The fee for such license shall be 415.00 per year. Section 5. 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. —3— Section 6. It shall be unlawful for any person to conduct or operate a. store or establishment in the City of Port Angeles for thm distribution or sale of beer or wine or sell or keep for sale any beer or wine in said city without first having secured a valid license from the City Clerk of the said city authorizing such person to operate and conduct such establishment and sell beer and vine in accordance with the provisions of this ordinance. Section 7. It shall be unlawful for any person holding a license to sell beer or wine at retail to purchase such beer or wine from any person in the City of Pat Angeles who is not the holder of a valid wholesaler's or brewer's license issued by said city. Section 8. It shall be unlawful for any licensee to permit the sale or service of beer or wine for consumption on the premises by any person under twenty -one years of age. Section 5. It shall be unlawful for any person to sell or serve beer or wine to a person who is intoxicated or to a minor or to permit minor to drink beer or wine on the premises of the licensee. Section 10. It shall be unlawful for any person to sell or serve beer or wine between the hours of 1 o'clock, wiz., and 7 o'clock, A.4,, Provided, however, that on a Sunday beer and wire which is sold to be consumed on the premises shall only be sold in connection with lunches or meals Purchased and served therewith. Section 11. It shall be unlawful for any person to drink beer or wine on the street or in any restaurant, hotel lobby or Public place except in restaurants and soft drink parlors duly and regularly licensed by the City of Port Angeles to serve such beer and wine. Section 12. All licenses issued under the provisions of this or- dinance shall be displayed in a conspicuous place at the location so licensed. 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. All ordinances of the City of Port Angeles, as well as all State and Federal laws and regulations, must be strictly observed. Every portion of the premises of licensee operating a place for the sale of beer or wine for consumption on the premises shall be open to the inspection of the officers of the Department of Public Safety at any time. Section 13. License fees required by this ordinance shall be paid in advance and in full. All applications made after the 30th day of June and before the 1st day of January shall be accom- panied by the full annual fee for the class of license applied for; All licenses appliced for on or after the 1st day of Janvary and before June 30th shall be accompanied by one -half of the annual fee for the class of license applied fox. License fees shall be paid to the City Treasurer and receipt shall accompany the application. Section 14. 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 eaminister oaths. All license applications shall be submitted to the Department of Public Safety and the Chief of Police shall be required to make a full investigation of and report upon all facts relative to the ap- plicant 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 Washington 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 buildings for which the license is applied conform to the requirements of this ordinance and all requirements relative to health and sanitation, and with Zoning ordinance. 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 satis- fied that the statements contained in the application are true; that applicants and all persons 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 unla ;:ful acts or practices; and if it appears that the applicant will endeavor in every way to comply with the State and Federal laws, this and other ordinances of the City of Port Angeles, the City Commission may grant the license applied for; Provided, hcvever, the City Com- mission reserves the right to exercise its reasonable discretion in the granting of all licenses under this ordinance and the decision of the Commission in such cases shall be final. Section 15. Revocation and Suspension: On application of the Department of Public Safety, licensee shall be granted a hearing before the City Commission on not less than five days notice re- quiring him to show cause why the license should not be revoked; such application and notice shall set forth the principal causes of comet plaint against him. After such hearing any license issued under the provisions of this ordinance may be revoked by the City Commission for violation of or failure to comply with the provisions of this ordinance or other ordinances or of the State or Federal laws, or upon good cause shown. The Commission of Public Safety is hereby empowered to suspend any license issued under the provisions of this ordinance pending a hearing before the City Commission, and the action of the City Commission regarding the suspension or revocation of any license shall be final. 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 with- out a license. -6- • Section 16. 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, drun4- enness, 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. If any provision of this ordinance shal 1 be held invalid, the remainder of the ordinance shall not be affected thereby. If any provision of this ordinance shall be held not to apply to any per- son or to any situation, the application of such provisions to other persons or other situations shall not be affected thereby. Section 17. 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 (1100.00) Dollars, or by imprisonment mn the City jail for a period of not more than thirty days, or by both such fine and imprison- ment. Section 18. 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 viola- tion is, and shall be, a principal under the terms of this ordinance and shall be proceeded against and prosecuted as such. Section 19. Ordinance No. 985 of the City of Port Angeles and the whole thereof is hereby repealed. Section 20. This ordinance is declared to be urgent and neces- sary „for the immediate preservation of the public peace, health and safety of the people of the City of Port Angeles, -7- and such emergency is hereby declared and said ordinance shall therefore take effect and be in force immediately from and after its passage, approval and lawful publication. Passed first reading by the City Commission June 21, 1933. Passed second reading by the City Commission June 21, 1933. Passed third reading and finally passed and adopted by the City Commission June 28, 1933. Approved and signed by the Mayor June � , 1933. Mayor. Attest: 2l,'J ;1 , Vlia-up-A4:711st.- City Clerk. ApprQyed as to form! 4- �' % /�!� r /t/ /W�✓ l� 'City Attorney. Published: • ti • 4' L t4 F* f' t 10• 1 5 at • 1 •