anaheim-gazette 1933-05-25

ORDINANCE NO. 576 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS NO. 1, 14, 15½ AND 24 OF ORDINANCE NO. 575 ENTITLED "AN ORDINANCE OF THE CITY OF ANAHEIM DEFINING AND PROHIBITING THE SALE, MANUFACTURE, TRANSPORTATION OR UNLAWFUL POSSESSION OF INTOXICATING LIQUORS; DEFINING ALCOHOLIC BEVERAGES AND PROVIDING FOR THE ISSUANCE OF LICENSES TO THOSE TO WHOM LICENSES MAY OR DO ISSUE, PRESCRIBING REGULATIONS IN CONNECTION THEREWITH; PROVIDING PENALTIES FOR THE VIOLATION HEREOF AND REPEALING CERTAIN ORDINANCES IN CONFLICT WITH THIS ORDINANCE," AND ADDING A NEW SECTION THERETO TO BE DESIGNATED SECTION NO. 14-A. The City Council of the City of Anaheim do ordain as follows: SECTION 1. That Section 1, Section 14, Section 15, Section 15½ and Section 24 of Ordinance No. 575, entitled "An Ordinance of the City of Anaheim Defining and Prohibiting the Sale, Manufacture, Transportation or Unlawful Possession of Intoxicating Liquors; Defining Alcoholic Beverages and Providing for the Issuance of Licenses to Those To Whom Licenses May or Do Issue, Prescribing Regulations in Connection Therewith; Providing Penalties for the Violation Hereof and Repealing Certain Ordinances in Conflict With This Ordinance," be and the same are hereby amended to read as follows: SECTION 1. Definitions. (Intoxicating liquor) When used in this Ordinance, the phrase "Intoxicating liquor" shall be construed to include alcohol, brandy, whiskey, rum, gin, beer, ale, porter and wine, and in addition thereto any spiritous, vinous, malt, or fermented liquor, liquids and compounds, whether medicated, proprietary, patented or not, and by whatever practice medicine under the laws of the State of California. "On sale license" means and includes a license to sell alcoholic beverages at retail for consumption on the premises in respect to which the license is issued and also the sale of said beverages in original packages for consumption off the premises. "Off sale license" means and includes a license to sell beverages at retail in original packages for consumption only off the premises in respect to which the license is issued, and such alcoholic beverages shall not be sold to other licensees for resale. "Wholesale license" means and includes a license to manufacture and sell alcoholic beverages at wholesale to "on sale" and "off sale" licensees. Wherever the term "A License" appears hereafter in this ordinance it shall be deemed to mean "On Sale" and wherever the term "B License" is used in this ordinance it shall be deemed to mean "Off Sale" and wherever the term "C License" is used it shall be deemed to mean "Wholesale License," provided however, that a wholesale license shall not permit the holder thereof to transact the retail sale of alcoholic beverages. A new section is hereby added to the above entitled Ordinance No. 575 to be designated Section 14-A which shall read as follows: SECTION 14-A Each holder of an "On Sale" or "Off Sale" license shall pay to the City of Anaheim a tax of fifty cents (50e) per barrel upon alcoholic beverages sold by such licensee. The rates hereinabove provided shall, in the case of alcoholic beverages sold in containers of less than one barrel, be proportioned at the rate of thirty-one gallons as the equivalent of one barrel. Said tax shall be due and payable to the Chief of Police of the City of Anaheim on or before the 10th day of each month, on the alcoholic beverages sold by said licensee during the calendar month next preceding the date of payment. Each "On Sale" and "Off Sale" license shall at the time of payment on the business beverage dealer, upland Sale" License as hosed and restricted, fee shall be the sum Dollars per year, until annually in advance day of July and January. First payment to July 1st, 1933. "WHOLESALE" Every person conducting on the business or erage distributor, unpaid sale" License as hosed and restricted, shall be Three Hundred Dollars per year, paid in advance, commence date when such licence first payment to July 1, 1933. Section 15. Of said Ordinance is hereby amended as follows: SECTION 15. No issued an "On Sale" except cafes and restaurants bona fide or realness, as hereinbefore said cafes or restaurants serve alcoholic beverages such license with food costing not less cents; and bona fidelity may serve alcohol under such license if guests and clubs which may operate soda fountain, cold eating place in such other businesses. "Off Sale" License is issued to the business to be located within a location with dred (300) feet or church or public parish shall a "On Sale" sued to drug stores, confectionery stores, cigar stands, market pool halls, theatre's street stands, or other which may operate soda fountain, cold eating place in such other businesses. "Off Sale" License to any drug store, confectionery store, or red retail store in Anaheim which is not SECTION 1. Definitions. (Intoxicating liquor) When used in this Ordinance, the phrase "Intoxicating liquor" shall be construed to include alcohol, brandy, whiskey, rum, gin, beer, ale, porter and wine, and in addition thereto any spiritous, vinous, malt, or fermented liquor, liquids and compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing more than three and two-tenths percentum of alcohol by weight, which are fit for use for beverage purposes. When used in this Ordinance, the phrase "Alcoholic beverage" shall be construed to include beer, lager beer, ale, porter, wine and other drinks containing one-half of one percentum, and not more than three and two-tenths percentum of alcohol by weight, which are fit for use for beverage purposes. The term "Person," when used in this Ordinance, shall be construed to include one or more persons, a partnership, an association, a joint stock company or a corporation, and whenever used in this ordinance prescribing or imposing a fine, imprisonment, or both, the term "person" as applied to partnerships, associations, or joint stock companies, shall mean the partners or members thereof, and as applied to corporations shall mean the officers thereof. When used in this ordinance, the phrase "alcoholic beverage dealer" shall be held to include any person selling, offering for sale, or keeping with the intention of selling, either in bottles or other containers, any alcoholic beverage as herein defined. The term "alcoholic beverage distributor" is construed to mean any person who, as a part of his business, sells, delivers, transports or conveys any alcoholic beverage for which a consideration has been paid or will be paid, to any alcoholic beverage dealer within the City of Anaheim. The term "hotel" as used in this ordinance is defined to a place consisting of ten or more rooms or suites for hire to the public, and which shall have been engaged in such business in the City of Anaheim for a period of at least one year. The terms "cafe" and "restaurant" as used in this ordinance shall have the same meaning and shall include, a place conducted for the sole purposes of serving meals to the public, having a such licensee. The rates herein above provided shall, in the case of alcoholic beverages sold in containers of less than one barrel, be proportioned at the rate of thirty-one gallons as the equivalent of one barrel. Said tax shall be due and payable to the Chief of Police of the City of Anaheim on or before the 10th day of each month, on the alcoholic beverages sold by said licensee during the calendar month next preceding the date of payment. Each "On Sale" and "Off Sale" licensee shall, at the time of paying the tax above provided, file with the Chief of Police a full statement of the amount of alcoholic beverages purchased by said licensee during the preceding month, from whom the same was purchased and the date of purchase. Said statement shall further show the number of barrels or fractions thereof sold by said licensee during the preceding month, and the amount of tax due thereon. Said statement shall be verified by the oath of the said licensee. In the event that any said licensee shall fail to make and file the statement above provided or shall wilfully make a false statement of the quantity of alcoholic beverages sold during any calendar month he shall be guilty of a violation of the terms of this ordinance and shall be subject to the penalties herein provided, and in addition thereto the City Council may revoke the license of said licensee as in this ordinance provided. Should any said licensee fail to pay the tax herein provided on or before the 10th day of the month on the alcoholic beverage sold by him during the previous month, then the license shall become suspended and it shall be unlawful for any such licensee to sell any alcoholic beverages until the tax is paid in full, and unless the tax is paid within five days after it becomes due the license may be revoked by the City Council. (a) No "On Sale" or "Off Sale" licensee shall purchase any alcoholic beverage from any manufacturer or wholesaler doing business outside the City of Anaheim and not holding a certificate of approval issued by the City of Anaheim, and transport or cause the same to be transported into the City of Anaheim for resale, unless such manufacturer or wholesaler has obtained a certificate of approval from the City of Anaheim, which certificate of approval shall not be granted unless and until such manufacturer or wholesaler shall have agreed with the City of Anaheim to furnish to the Chief of Police of the City of Anaheim, on or before the 10th day of each month under these conditions. (Off Sale) Licensee to any drug store,fectionery store, or retail store in the heim which is not one hundred (100) church school or parish shall be unlawful if an "Off Sale" Licensee consumes off erages on his premises public street; sidewalk or other public place on said premises-or ing of the original p SECTION 15. Lawful for any operation or restaurant license display the words or "saloon" on any premises. All appa ed with dispensing o beverages by cafes must be partitioned room where the bev eed and the entrance ing room is only for waiters,the owner employees.No alcoh ol shall be served except counters in cafes o bona fide register hotels. Section 24 of said C is hereby amended to SECTION 24. No a "On Sale" License mitted to do or may curb business nor serve alcoholic beve person in any vehi holic beverages shap pensed or offered for between the hours A.M. and 12:00 o'c SECTION 2. All parts of ordinances in ordinance are hereby SECTION 3. The cause this ordinance to in the Anaheim Gazette paper printed,publish in said City of Anahel effect immediately up andthe City Councllthe above ordinance w urgency measure upon groundswhich facts urgency: The State adopted a law limiting which may be charged for the sale of alco holic as said law is in confi The term "hotel" as used in this ordinance is defined to a place consisting of ten or more rooms or suites for hire to the public, and which shall have been engaged in such business in the City of Anaheim for a period of at least one year. The terms "cafe" and "restaurant" as used in this ordinance shall have the same meaning and shall include, a place conducted for the sole purposes of serving meals to the public, having a serving capacity to seat at tables at least sixteen (16) persons, which place shall seat their patrons at tables, or counters and serve regularly priced meals, and which shall have been established as a bona fide cafe or restaurant for a period of one year. The term "club" as used in this ordinance is hereby defined to mean any benevolent or fraternal society or association having a bona fide membership of not less than seventy-five (75) members, which shall be organized for some purpose other than serving alcoholic beverages, and shall have been in existence, and shall have had a chapter, lodge or division holding regular monthly meetings in the City of Anaheim for a period of at least five years. "Original package" as used in this ordinance is defined to mean bottle or other container of alcoholic beverage sealed and in the same condition as it left the manufacturer. The term "wholesale druggist" shall mean one who sells drugs at wholesale, and not to the general public. The term "retail druggist" shall mean a registered pharmacist, authorized to practice in this State, conducting a regular retail business in drugs and who sells to the general public. The word "physician" shall mean a person who has a license to hold a certificate of approval issued by the City of Anaheim, and transport or cause the same to be transported into the City of Anaheim for resale, unless such manufacturer or wholesaler has obtained a certificate of approval from the City of Anaheim, which certificate of approval shall not be granted unless and until such manufacturer or wholesaler shall have agreed with the City of Anaheim to furnish to the Chief of Police of the City of Anaheim, on or before the 10th day of each month, a report under oath on a form to be prescribed by the City Council, showing the quantities of alcoholic beverages sold or delivered to each "On Sale" or "Off Sale" licensee during the preceding calendar month. If any such manufacturer or wholesaler shall, after obtaining such license, fail to submit any such report, the City Council shall in their discretion revoke such license. (b) Each manufacturer and wholesaler within the City of Anaheim shall on or before the 10th day of each month, furnish to the Chief of Police of the City of Anaheim, a statement under oath showing the quantity of alcoholic beverages sold for resale during the preceding calendar month to each "On Sale" and "Off Sale" licensee within the City of Anaheim. Section 14 of said Ordinance No. 575 is hereby amended as follows: SECTION 14 "ON SALE" LICENSE. For every person conducting or carrying on the business of alcoholic beverage dealer, under a "On Sale" License as hereinabove defined, the license fee shall be the sum of Twenty-five ($25.00) Dollars per year, payable semi-annually in advance on the first day of July and January of each year. First payment to be prorated to July 1st, 1933. "OFF SALE" LICENSE. For every person conducting or carry- ING on the business of alcoholic beverage dealer, under an "Off Sale" License as hereinabove defined and restricted, the license fee shall be the sum of Ten ($10.00) Dollars per year, payable semiannually in advance on the first day of July and January of each year. First payment to be prorated to July 1st, 1933. "WHOLESALE" LICENSE. For every person conducting or carrying on the business of alcoholic beverage distributor, under a "Wholesale" License as hereinbefore defined and restricted, the license fee shall be Three Hundred ($300.00) Dollars per year, payable annually in advance, commencing on the date when such license is granted. First payment to be prorated to July 1st, 1933. Section 15 of said Ordinance No. 575 is hereby amended as follows: SECTION 15. No person shall be issued an "On Sale" License except cafes and restaurants doing a bona fide cafe or restaurant business, as hereinbefore defined, and said cafes or restaurants can only serve alcoholic beverages under such license with bona fide edible food costing not less than ten cents; and bona fide hotels which may serve alcoholic beverages under such license to their bona fide guests and none other; and clubs which may serve alcoholic beverages to their bona fide members only. Nor shall any "On Sale" License be issued to anyone where the business to be conducted thereunder is located within three hundred (300) feet of any school, church or public park. In no event shall a "On Sale" License be issued to drug stores, grocery stores, confectionery stores, butcher shops, cigar stands, markets, dance halls, pool halls, theatres, lunch wagons, street stands, or other businesses which may operate a light lunch, soda fountain, cold drink stand or eating place in conjunction with such other business. "Off Sale" Licenses may be issued to any drug store, grocery, confectionery store, or any established retail store in the City of Anaheim which is not located within Roosevelt's German Guest Dr Hjalmar Schaedt, President of the German Reichsbank, is the German envoy sent to confer with President Roosevelt on financial and economic problems and present his country's views on world readjustment. The Farmer's Corner By Ralph H. Taylor Secretary Agricultural Legislative Committee Some able student of California politics if he possesses both candor and a caustic pen, could render an exceedingly worthwhile service to his state, just at this period, by writing a "Sacramento Merry-Go-Round," or a "Mirrors of Sacramento," based on the recently recessed session of the state legislature. There is little doubt that the book would duplicate the spectacular success of the Washington revelations, at least the confines of California. And if the expose were fairly written, as well as brilliantly written, both voters and legislators would be the better for it. Without being unfair to the legislature, which has produced its good works along with the bad, it is not an exaggeration to say that the session just ended was undoubtedly the most chaotic and disappointing in more than 20 years both to the people and to the This Week At The STATE CAPITOL By MELVIN LORD While members of the legislature have all gone home, it will be a long time before the capitol returns to normal. Governor Rolph, for instance, has a lot of work ahead of him in cleaning up the 1,000 or more bills the lawmakers left on his desk. So far the governor was signed or vetoed between 20 and 30 bills a day. A special election on June 27 has been assured with the issuance by Rolph of a special proclamation calling for a vote on 10 propositions in addition to repeal of the 18th amendment. In addition to the proposals previously listed, the legislature at the last minute added the proposition of whether a total of approximately $16,000,000 should be diverted from the gasoline tax fund to the general fund for the payment of interest and retirement of old state highway bonds. This "diversion" fight promises to be one of the most heated pre-election battles. Economic conditions had a very definite effect on the so-called "pork barrel" or special appropriation measures for the conference of state governors to be held in Sacramento, bills calling for approximately $2,250,-000 in special appropriations in addition to the budgeted expenditures, while measures calling for $8,435,000 were passed in 1931. This year's legislature passed San Francisco and Los Angeles next month are rapidly being completed by Governor Rolph and his aides. At least 30 chief executives of states are expected at the first such conference ever held in the west. While President Roosevelt told Rolph, in a recent telephone conversation, that he would be unable to attend, he plans to send a personal representative, probably some member of his cabinet. A definite improvement in California business conditions is indicated in a report of the state corporation commissi- "Off Sale" Licenses may be issued to any drug store, grocery, confectionery store, or any established retail store in the City of Anaheim which is not located within one hundred (100) feet of any church, school or public park. It shall be unlawful for any holder of an "Off Sale" License to permit the consumption of alcoholic beverages on his premises, or on any public street, sidewalk, alley, lane or other public place, or to permit on said premises or place the opening of the original packages. SECTION 15½. It shall be unlawful for any operator of any cafe or restaurant licensed hereunder to display the words "liquor", "bar", or "saloon" on any part of said premises. All apparatus connected with dispensing of the alcoholic beverages by cafes and restaurants must be partitioned off from the room where the beverages are served, and the entrance to the dispensing room is only for the use of the waiters, the owner, his servants or employees. No alcoholic beverages shall be served except at tables or counters in cafes or in rooms of bona fide registered guests at hotels. Section 24 of said Ordinance No. 575 is hereby amended to read as follows: SECTION 24. No person holding a "On Sale" License shall be permitted to do or maintain a street curb business nor to dispense or serve alcoholic beverages to any person in any vehicle, and no alcoholic beverages shall be sold, dispensed or offered for sale excepting between the hours of 8:00 o'clock A.M. and 12:00 o'clock Midnight. SECTION 2. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 3. The City Clerk shall cause this ordinance to be published once in the Anaheim Gazette a weekly newspaper printed, published and circulated in said City of Anaheim, and shall take effect immediately upon its passage; and the City Council does declare that the above ordinance was passed as an urgency measure upon the following grounds, which facts constitute the urgency: The State of California has adopted a law limiting the license fees which may be charged by municipalities for the sale of alcoholic beverages, and as said law is in conflict with the ordin- There is little doubt that the book would duplicate the spectacular success of the Washington revelations, at least the confines of California. And if the expose were fairly written, as well as brilliantly written, both voters and legislators, would be the better for it. Without being unfair to the legislature, which has produced its good works along with the bad, it is not an exaggeration to say that the session just ended was undoubtedly the most chaotic and disappointing in more than 20 years, both to the people and to the legislators themselves. The fact that popular government faces a crisis throughout the world, with a threatening trend toward dictatorships and overthrow of representative control, makes the California situation the more challenging. Balancing the legislative ledger, agriculture, as an industry, has little cause for complaint, insofar as routine farm bills are concerned. The farm program, for the most part, was adopted. And bills dangerous to the farming industry were, in most instances, rejected. California agriculture, at this time, however, has far more at stake in general legislation than in ordinary farm measures. The economy and tax reduction issues, the motor carrier-railroad dispute (which was left unsolved), the banking problem, budget-balancing and a dozen other major questions are all of vital concern to the farmer, as they are to citizens generally. And agriculture, which battled for years to gain the urban-rural balance power in legislative representation, now in full effect for the first time, also has a deep concern in seeing that it operates successfully and is not misunderstood by an uninformed electorate. Having this two-fold concern, the legislative session was a sad disappointment to California's state-wide farm organizations, despite the fact that the lawmakers treated farm bills kindly. On the bad side of the ledger might be listed: Complete breakdown, during the final weeks, of the "economy bloc", permitting adoption of hundreds of thousands of dollars in "pork barrel" appropriations, either in additional budget items or special bills. Failure to get within striking distance of balancing the budget, although the lawmakers should be given credit for a $12,000,000 reduction in the budget. A seemingly hopeless tangle on the taxation question, except for the Riley-Stewart plan, as amended, which seems to be the best available compromise. Inability to adjust the war between railroads, various motor truck interests and the shippers. Steam-roller methods and "star chamber sessions" on many vital issues; an excess of personalities, recriminations and investigations; lack SECTION 3. The City Clerk shall cause this ordinance to be published once in the Anaheim Gazette a weekly newspaper printed, published and circulated in said City of Anaheim, and shall take effect immediately upon its passage; and the City Council does declare that the above ordinance was passed as an urgency measure upon the following grounds, which facts constitute the urgency: The State of California has adopted a law limiting the license fees which may be charged by municipalities for the sale of alcoholic beverages, and as said law is in conflict with the ordinance heretofore adopted by the City of Anaheim the city does not now have any ordinance to cover the licensing of the sale of alcoholic beverages, and the City Council declares that for public interest this ordinance take effect immediately. The foregoing ordinance is signed, approved and attested by me this 23rd day of May, 1933. (Signed) CHAS.H.-MANN, Mayor of the City (SGAL) of Anaheim. Attest: J. W. PRICE, City Clerk of the City of Anaheim. STATE OF CALIFORNIA. COUNTY OF ORANGE. CITY OF ANAHEIM. I. J. W. PRICE, City Clerk of the City of Anaheim, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Anaheim held on the 9th day of May, 1933, and that the same was passed and adopted at a regular meeting of said City Council held on the 23rd day of May, 1933, by the following vote: AYES: Councilmen Mann, Martenet, Jr., Sheridan and Yungbluth. Noes: Councilmen None. ABSENT AND NOT VOTING: Councilman Cook. And I further certify that the Mayor of the City of Anaheim signed and approved said ordinance on the 23rd day of May, 1933. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim, this 23rd day of May, 1933. (SEAL) J. W. PRICE, City Clerk of the City of Anaheim. Sentiment Expressed at November Polls Indicates State Will Vote for Repeal Orange County Ballots 25,145 to 21,816 In Favor of Retaining Wright Act While State As Whole Goes In Other Direction by Vast Majority of 1,459,835 to 658,381 On the basis of sentiment as expressed at the polls last November and represented by action of the legislature, California may be expected to vote for repeal of the 18th amendment at the special election June 27. Given an opportunity to vote directly for an out and out prohibition question, the electorate voted 1,459,835 to 658,351 in favor of repeal of the Wright act, state prohibition enforcement measure. In Orange county the vote on this question was 21,816 in favor of repeal as compared to 25,145 against disposition of the Wright act. A further drift toward "wet" sentiment was expressed on several questions acted on by the legislature. Little opposition was expressed against the measure repealing the Jones still act, a companion measure of the Wright act. Both houses also passed a measure providing for a liquor control plan, based on proposition No. 2 which was passed by a vote of 1,308,428 to 730,522 last November and hinges on repeal of the 18th amendment. By means of the constitutional convention system, California will be given an opportunity again to vote directly on the question of prohibition. Under this plan one elector favoring repeal of the 18th amendment and one favoring retention of prohibition will be voted on in each congressional district. In addition two "wet" electors and two "drys" will be nominated from the state as a whole for a total of 22. Following the election a date will be set for the constitutional convention and California's vote will be cast in accordance with the popular vote. Mouse trying to Qualify for Wings When Pilot A. L. Terwilliger of the air mail service took off at Santa Rosa he discovered a mouse running on the floor of the cockpit. When he left Following the election a date will be set for the constitutional convention and California's vote will be cast in accordance with the popular vote. Mouse trying to Qualify for Wings When Pilot A. L. Terwilliger of the air mail service took off at Santa Rosa he discovered a mouse running on the floor of the cockpit. When he left Reeding for Medford, Ore., the "passenger" was still with him. Eyes Examined — Glasses Fitted HOMER A. NELSON, Opt. D. Optometrist TEUTONOPHONE FOR THE HARD OF HEARING Phone 3104 114 N. Lemon St. ANAHEIM, CALIFORNIA ATWATER KENT RADIO—AC-DC, illuminated dial, calibrated in kilocycles, automatic FEARN ELECTRIC RADIO SHOP 273 E. Center St. — Phone 3111 weight 6 lbs. $25.95 STRAWS Immediate Comfort — Permanent Style The newest shapes, the finest weaves, the newer striped and solid color bands. All the new season's best are here in every size and shape. Genuine Panamas are selling from $2.50 to $5.00 W. L. DOUGLAS SPORT SHOES The new spring wing toes in brown and white also black and white $3.75 F. A. Yungbluth "THE HOME OF HART SCHAFFNER & MARX" 145 West Center Street