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326
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<br />ORDINANCE NO. 980
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<br />AN ORDINANCE OF THE CITY OF SANTA ANA PURSUANT TO
<br />THE PROVISIONS OF CHAPTER 178 OF THE STATUTES OF
<br />19~ eF THE STATE 0F CALIFORNIA, CLASSIFYING THE
<br />VARIOUS TYPES OF LICENSES, ~ PRESCRIBING THE
<br />AMOUNT AND MANNER OF COLLECTION OF LICENSE FEES
<br />AND TAXES FOR THE SALE AND DISTRIBUTION OF BEVERAGES
<br />
<br />The Board of Trustees of the City of Santa Ann ordains as follows:
<br />
<br /> SECTION 1: (a) This ordinance is adopted pursuant to the provisions of
<br />Chapter 178 of the Statutes of 1933 of the State of California, entitled, "An Act
<br />to Levy an~ExciseTax and to Regulate the Manufacture, Distribution and Sale of
<br />Certain Beverages, to Provide for the Licensing of the Manufacture, Distribution
<br />and Sale; to Prescribe Penalties for the Violation of this Act, and to Provide that
<br />this Act Shall Take Effect Immediately".
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<br /> The definitions of the words' terms and phrases Which are set forthin
<br />said Statute are hereby adopted by this r~ference as the definitions of such of sai
<br />words, terms and phrases as appear herein.
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<br /> (b) The City Attorney and Chief of Police are hereby designated as the
<br />officers Who shall receive applications for licenses and make recommendation to the
<br />City Council as to approval or disapproval of'issuance of licenses pursuant to the
<br />provisions of this ordinance and said Statute.
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<br /> SECTION 2: ~very person whose application for vO~ Sale" license is
<br />approved by the City Council shall pay a license fee of $25.00 a year, payable
<br />semi-annually in advance.
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<br /> very person whoSe application for "Off Sale" license is approved by the
<br />City Council shall pay a license fee of $10.00 per year, payable semi-annutly in
<br />adv~cee
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<br /> All license fees and taxes fixed by this ordinance shall be paid to the
<br />City Clerk.
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<br /> "Off Sale" licenses Shall expire annually on the 1st day of July, at
<br />which time they may be renewed.' "On Sale'' licenses shall eXpire Semi-annually on
<br />the let day of July and January, at whichtime they may be renewed. If a license
<br />be ~et renewed on or before the 10th day of the month in which it expires, such
<br />license shall not be renewable, and the holder thereof Shall berequired to apply
<br />for another license as though no license had ever been issued to him. "On Sale"
<br />license, operating for a period of less than six months shall pay a proportionate
<br />amount cf the semi-annual li6ense fee, which shall not in any event be less
<br />fifty per cent (50%) thereof.
<br />
<br /> SECTION 3: (a) 'No licenSeshall be issuSd to any person, and it shall
<br />be unlawful for ~ny person, to sell' offer for sale, barter, deliver or furnish
<br />any beverage at any place which is within a distance of three hUndred (300) feet
<br />
<br />from anybuilding or buildings used for elementary, Junior high, high school, .
<br />Junior co~lege, or other educational institutions not including business colleges,
<br />provided, however, that such distance shall be limited to two hundred (200) feet
<br />when the place at which Such beverages are dealt in is Situated upon the opposite
<br />side of a public street er highway from such'buildings or buildings, or upon the
<br />same side of the public street or highway when there exists an intervening or
<br />intersecting Public'street or highway between~Such place and Such building or
<br />buildings~ provided, further, that this section sh~ll not be construed as applying
<br />to a club.
<br />
<br /> (b) N? license s~hall be issued to'any club~ and it shall be unlawful for
<br />any person managmng or in charge'of any club, to sell, offer for sale~ barter,
<br />deliver, or furnish any beverage, unless 'SuCh club shall have been in actual
<br />exA~temce and shall hAve'maintained headquarters or club rOomS for a period of a~
<br />least six (~) months lm~ie~ to the time of the making of the application.
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<br /> (c) It shall be unlawfl~l for any person to ~ell, barter, deliver, or '
<br />~rnish any person with Any beverage who, at the time of such sell~ng, bartering,
<br />delivering or furnishing, appears robe in a dr,Anken or intoxicated condition.
<br />
<br /> SECTION.!4: Any person who shall Violat$ any of the provisions of this
<br />ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof
<br />shall be puniShable~by imprisonment in t~eCounty Jail of the COunty of Orange for
<br />a period of not more than six (6) ~onths, or by a fine of not more than $500.00,
<br />by both such fine and imprisonment.
<br />
<br /> 8E__CTION'5:: If any section, subsection, sentence, clause or phrase of
<br />this ordinance is, for any reascn,~held to be invalid Or unconstitutional, such
<br />decision shall not affect the validity cf the remaining portions of this ordinance~
<br />The City CounCil of the City of santa Ann hereby~declare~ that it would have passed
<br />~his ord.i~.ance_a~ s~ction, subsection, sentence, clause, or'phrasethereOf,
<br /> rrespe~lve or ~ne tact that any one or more other sections, subsections, sentence~
<br />clauses, or phrases be declared invalid or unconstitutional.
<br />
<br /> SECTION 6: The immediate passage of this ordinance is hereby declared to
<br />be necessary as an emergency measure for the immediate preservation of the public
<br />peace, health and safety, and the facts constituting said emergency are as follows,
<br />to-wit: That the CongreSs of the United Statee has enacted~legislation permitting
<br />the sale and possession of the beverages referred to herein, and that ~he Legislatu~
<br />of the State of California has enacted an urgency measure prescrlbingce~tain
<br />regulations for the manufacture, distribution and sale of said beWe_r~ providing
<br />~?r ~ i!cene~g of sai~ =nn~actu~e, distribution ~d sale thereof; deel~ating
<br />.~ne ul~y council, or such other officers as may now or hereafter be designated by
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