The Bakersfield Californian from Bakersfield, California on December 21, 1908 · Page 10
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The Bakersfield Californian from Bakersfield, California · Page 10

Bakersfield, California
Issue Date:
Monday, December 21, 1908
Page 10
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A "Hoosier" Cabinet to be Given Away New Year's Eve \ The most r j coverings; flic ! lo.'tst money. r line of floor Broods for the In Addition to a v\ ell selected stock ot Furniture, we've some fine Xrrias gifts Don't forget the bub.v department. "We carry a complete lin,e of buggies. A rlict'i'ful, jirrttv licilviimn will help vim In stsii'l the day with a cheerful smile. Il's a haven of rest 1n entile luirk tit at uit>lit. Dyer & Jones, Props. It's a. real pleasure and satisfaction to own your own piano. Our terms make it possible. The Weber gives to your parlor an atmosphere of distinction. ery PCI son, firm, cor- l as.-oeialion desiring in. transact, or .- n| handling, , any spirituous, ORDINANCE NO. 93. An ordinance imposing a license for he business of handling, selling or ;iving away spirituous, malt or fir- nented' liquors or wines, fixing the imount thereof, Impos'ni-' conditions .lid making rognlatii.i. iiling f"r the rcvm-at 1 :ense, prescribing Hi ednro and lixint he violation of -. egnlathnis. 'I'lii I'M of tile CoUU! a follows: lly [icl'SOll, tirm, r asso! ia!l(i!i. or •I' siii'h club or as> s prim Ipiil, cb'ik, mployee, to en oiiducting, or carrying on the busi- esH of hauilllng, giving away or sell. ug spirituous, malt or ft'rnieiited iquors or wines In any quantity or nantitles, in said County of Kern, utHlde of municipal corporations'., i-ltlumt. first having procured a 11- eimo so to do as in this ordinance .rovided; and any person, firm, cor- oration, club, or association, or mom. er or members of such club or asso- i latlon who violate auy of the provis- ' ins of this ordinance, slial! be deem (J guilty o!' ;t misdemeanor and pun- , •shed us hereinafter provided. Section 'J. Kvevy person, tirm, cor- oration, club or association, or mem- er or members of such club or asso: latlon who engages in, transacis or I arrles on in the County of Kern, . '.tato of California, outsid" of muulc- pal corporations, the business of , andling, giving away, furnishing or 'tiling any spirituous , malt or fi-r- lonled liquors or wines In any o.u-in- jl'ity or quantities, must first obtain a ic'ense therefor from the Tax Collee. •>r of said county as li.-n.-ina'.'i--r i'l' 1 ': Ide.d and make ih'-n 101- ihf follow- ap payments: For each and evi > v y; . r Throe •lundrod ($,".IMU>CI liclh'!:-: and, pro Ided further that uo luen-e shall be istied for a less period tlinn one ear. Section •'. No li''. ball !,•• I- i'uod io any pcrmm, (re . < or,-io/'.if l.m, . lub, or as'NOclatlon. io on'^ai/e in. • ransact, or carry on the business of I andllng, giving away, furnishing or I'Hilig spirituous, malt, or ternienl'-d or wines in said Kern Counti• of muiiiclpal corporal ions, in 'ny place or places where any fane, I'omody, tragedy, ballet, opera, play, lj peaking, declamation, singing, or anloiiiline, is being given, or where ny exhibition of dancing, acrobatic '.•utH, contortion!* fir the like, IH being iven, or in any building ur buildings, n-clotiiire, or enclosures, where ft- iiiles are employed for the purpose f solicit ing for the sale of. or of I'ivlng nwiiy Ihe wtme, or where l'o- are employed for the amuse- lent, or entertainment of the public, r where females solicit for the KRie, r give away the game without being 1 so to do, and where females Latertain, or amuse the public lu auy 'lanner, or In any room, building, or utldlngB, enclosure, or enclosures, or lace whatsoever,'-where music IB be* tig played or rendered, or dancing U ;oing on. 'inducted Seel ion "r any dancing • aid I-, i il ioa by oca'ion i if the Hid will 11 t porat.ion, club, i license under ordinance to oni,-,ide of any efor must show d lo i i ;ip- -.,-ii.l i < eiisti \\, eiisi 1 is nse tie not 'rhriii! Hund by on, tirm, or as.-1 . iai ion d"ii'' •• Ihe provi.Mons of ih conduct sin li Ini-iiie town, the petition tb-, ,,,,,.-, ., the place where said business is t( condilted, and he signed by not less than two-thirds of iho resideut lessees and resident owners of real estate situated within a rail hi* of three miles of the place where such business Is proposed to be conducted; and said petition must lie a, i mnpaai' d l.y a plat showing the respeei'ue io. cations or places of residence ei ihe persons whose names are .,ii;n. ,l in said petition; auy person, linn, .-..i- poraiiou, club or asoeiatlou, ib -iiiii-.; lo procure a license as al'oi--aid, sb,ill deposit with the Clerk "i In Hoarii of Supervisors of Hi Couniy of Kern, at the tinio :-cntiti--r the aforesaid petiih . 'am of 'I'hrei' Hundred luil' .1 Stall's Gold Coin, lo pl'.i'd io die payment, of He,' the tirsl year, if said grant' d. and if slild Ih granted, the said sunn ot dr.a! Hol'.ars r-hall i.e ri ih" i !• i <\ in the petitiou-'r; and PI'OT \idid lurthev, that n-i lice.use h lull lie i .---lied io any perMMi, firm. <orpoi- ai ion, club, or association, under tiie provi-ions of Hiis ordinance for a period of l'-ss than one year. hu cii"ii a. Kvery sui'h pi-tiiioi! shall be filed with Ihe Clerk of tb" Hoard oi Supervisors at least ten days prior in tlio first Monday of tin) ii.outh, upon which day such petition shall Lie heard by the Hoard of Supervisors, and I ho clerk of said board shall give notice of the tiling of said petition by causing notice thereof to 1,0 posted at least five dfiys before i aid hearing as follows: il' such business is proposed to be i oiulni ted in an unincorporated town, !--abl notice shall be posted In three of the most public, places In such town; If the proposed place of business Is in the country, one notice at the place where such business Is proposed to be conducted, and also In two of tho most public places within u radius of throe miles thereof; said no- tlce Khali state the name of tho petition'" the place where tho business In proposed to be conducted, and the time and place when said petition •II < • heard. of Supervisors anfcll thereupon proceed to hear any testimony offered, either in support of, or against said petition for license, and shall refuse, to allow a license lo issue thereunder, if it shall appear to the sittisiaci ion of the board, that the pt;iiiiijht;v i 1 or ill',: U'-'.'"ie. i, not a proper person to havo or hold such li, , !-.-i. .4- il yneh !" '- .' ioii'-i has LUJI ll i- M\ i< i.'d ii!ni( i this (i;i|::i:'.::cp, or ha;' I :o:,e ( ,1 ,',!,;. of ll'.i ; 1 1 " ',' ; of till-; (-'.••Mir .. •' , < ii if - '. i' ;" : i'ii"i ; s not in -.outi i;ti(ii, :. ••.: rea>o;i i' r i-hown by 1 atio'.i (if busi- e lio.ird of Har nwn motion, or for L;o(iii cause .-'hown liy a iietitioner or proie-'iani postpone the bi.'ariu:-i of any petition. Section >'.. Any person, firm, corporation. i lull or association, having been once refused a license, or having failed lo posectile his petition there- for, by real, in of protests being flled, shall not lie granted a license upon a second petition made within six months alter the llrsl petition; and no person shall be granted a license upon any petition after having been twice refused by reason of s'ich protests; provided further that any petitioner for a license may lie examined under oaih, and any competent evidence may be produced as to who Is the real party in iiM-iesi, ami it the Hoard of Supervisors is saiivlud that the petition is not in the interest o f the party in whose name 'In- petition, is made, they niuay refuse -,o grant' the license, and If found to he In the j lilleiest of one who ha.- a!.i;uly been refused a licence, tb<>y ni;iv !P:;U. the petition as if made by tin. party in interest, and the p. 'i'i..n shall have ihe same, effect a.-... i.- any future .petition, as Hi ,..],..,, ui.iiie in the name of the' ; ; ; ; , ; in interest. Si i-tio'i 7. No l;i • • , .'. i h . il V, ;.\ , 01' f'll'Ui: il \ ' : ' • ' ' , , ;;v i'|, O: . piritllOII-: liiji; .. , i ,;,-,; ,, p. I'-im -• shall ii.' i- i.. .. • • i ,.. ( (, ,-,.,( i.j ihe Hoard oi S.u; •• : . • .- ; noiico ol' \\lr.e)) shall be .j,i\'i i io '.lie Tax Coi I. i '.or by the fieri, oi Hie Hoard o( ro'eervisor;;; iind pnn'idoil iuri'ni III, II tlo Hrel!: e shall be iKsr.ed l-y : lit) Tax Collector to any person, linn, . .,r. por-uio';. liiil), or ast'oi ia t ion, nuill the party or parties making petition for such license shall have paid to such Tax Collector any and nil sums that may be duo to the County of Kern I nun such petitioner, or petitioners, or either, or any of them, on ac- coiinl. of any business heretofore transacted by such petitioner or petitioners, or either, or any of them, and for which said business license has not been paid; and It Is hereby made ihe duty of said Tax Collector to na- curtain whether or '.lot said petitioner or petitioners, or either, or any ot them, are so indebted to the County of Kern, before Issuing such license; and the said Tax Collector shall report the BiuiKi to the Hoard of Supervisors. Section 8. A license muul *~e cured immediately before tho cont'n- H'tlon herouniler, or nny business or occupation liable such license, as in this ordinance vided, from the Tax Collector o' d county; which license shall au- .ri/.e tin" person, firm, corporation, b, or a-sociation, petitioning the e in such town or particular lo'.'.y In the «iiinty, to engage in,' iiistict, nr eairy on the business de- , ibecl in s-Lil'l lu ense. j A separate ',', r;v-r mu' - -t bo obtain- j Lor each .,u,:. a <. tUi'iii'-'limctit, or' nance of the Board of Supervisors now existing, or hereafter adopted for the lawful regulation of such business, or place of business. the Board of Supervisors, the sureties on such bond, or either of such sureties become insufficient, the board may require the principal to j i xecute a new bond with sufficient sureties in like form and amount us the Ui-st bond; and if ho fails so - i. d in MI'"! i ' o iict'iise i. • •• <•••' f-liiill nnM: . eorpora'. ion . arry on sutb i. ; . i.ii- r ihis ( rill- ; • any jierson, i • : : i:ssociation | .u. --.- within the li i it.-- of any im <» ; "lat'-d city or town having tho power to impose or j i.'.y auy city or town Ii. •< use tax, un- h •--• iu addition thereto, a license required by said city or own be also first procured. Section 9. It shall be the duty of the Tax Collector to niib.t all 11- (enseH Issued under this ordinance, and to perform such oilier duties as are by this ordinance prescribed. Section 10. All licenses issued under the provisions of this ordinance shall contain provisions, and shall be grained upon condition that same may ! be revoked or recalled at the pleasure of the Board of Supervisors, and such hoard shall revoke any license when it is shown to their : aii-faeiion that the holder of the llcen.-e is la i p. Ir.z a disorderly place, or is uoiaiiug any of the provisions of , : ij. nance or of the state law, i ; ;i ,,. .j u , ; besi. interests of the couniv will be' horvod by revoking said •;, ,-tise,' provided, however, that no li/insi: 1 shall tie revoked wlthou 1 •.,-. ;•!..: -i,,, ' holder thereof an opportun >. ;,- ; ,p- : PI ar before the Board oi ~' M 'M .-, ( .\-: , in his own behalf. , (Mi the revocation of a ,i . , ,, l>a;t of tlif money Pftbl 'o ii. , , h , v I -.- said p-i'ltlonor or v>eii'; • • • . •;,.,.'; , 1 • r.'iun'.od, but such mot.. . , ,,.,5,1 . n:i'l ih'> wlioli. 1 tliereof sba". >i • '•: i d lo the county. When -., ., ,;• any person, firm, corpora^ i. ; ; . ini, .,. •e;-i,, i'\tion Is revoked for :i . , ;l i, x no i , or other license -i:,n ,[ to the same iierson tirin. i: . ' .a, club, or asi.oeia. i " (•,•;•' •,-.<. -i'- .nths from the dale o. -u h i. VOeailell. S' , i iou 11. No licence h ill In |gr.ii'te.| under this ordinaire until , the i,.'itUmer shull have i \.-ciited a •join: and several bond to the County of Kern, with two or nr-re s'.illicieii! sui'i-iies In ihe penal sum of Five Thousand Dollars, and such bond shall have been approved by, and lil'd with the Hoard, of Supervisors, which bond shall be for the term of one year, and shall be conditioned thai tho principal in such bond during the time lie Khali continue in the busfinesB specified, not exceeding tho term of the bond, will pay all license tax that may now, nr hereafter be Imposed on such business by this ordinance, or nny ordinance of the Board of Supervisors, and that he will conduct «tich business and the place in, or at which the same may be carried on. In a quiet, orderly and reputable manner, a a In conformity to toe li-« "f the «Ute, and to tpy or<U- to ..In • ;!' ^'i'i-^iiS :>-.'>«••>'•• : -.-«t*-.««'---.> v,'nif.'ii "notice of such requirement ! Muling the reason therefor, the hoard j may cancel the bond and revoke the ii June issued thereunder. If at. any time it shall appear to the) satisfaction of the Hoard of Supervisors, after having given the principal five days written notice'by mail, that he has violated any of the conditions of this bond, and of this ordinance, the board shall at once revoke his license and declare the bond forfeited. Section 12. No person shall vend, hawk, peddle, sell, give or furnish spirituous, vinous, malt or mixed liquors or an intoxicating drink to others within the County of Kern, except at a fixed place of business duly authorized. Section 13. Nothing In this ordinance contained shall be construed, or deemed to authorize the sale, or furnishing, or giving of intoxicating liquors to minors, Indians, habitual drunkards, or to any person or class of persons to whom such sale or tur- nishtng Is prohibited by law Section 14. Upon the trial of any. action authorized by this ordinance the defendant is deemed not to have procured the proper license, unless ho either produce It, or prove that he procured It. Section 15. Every P« 1>son wbo , e , n ' Kiires in, transacts, or carries on the business of handling. Riving away, or seilinK spirituous, malt or < fermented | linuors or wines, without first obtain- ( ims a license so to do, as in his 01- ei:,aiiee provided, or who violates an> I eth"r provision of this ordinance, or j ,nv of the conditions of the undci-laU-l a", herein roriulred shall bo guilty of j /misdemeanor, and upon conviction! ih. .roof shall be punlshe-d by a fine. | •of exceeding Five- Hundred Dollars, | lior less than Fifty Hollars, or by Im- ' MI. imnient lu the County Jail not ex- I en. ling 'six months, or by both such ''•'I" and imprisonment. The Judgment that, the defendant pay the fine, may also direct that he bo imprisoned .until the fine he satisfied, specifying the extent of tho imprisonment, I which must not exceed one day for 1 every two dollars fine (provided such ! imprisonment must not exceed one hundred and fifty days;) And in event, that any person la hound puilty of any violation of the provisions of this ordinance by a conviction of an offense committed after Ihe previous conviction under this ordinance, he shall be Imprisoned for a period of not less than one, nor more tflan six months without the alternative of paying a fine as the penalty thewsfor. or ne may be punuoea by both fine and Imprisonment All such flnea, -wten collected, shall be paid into the County Treasury ot the «ai4 Ooontf ot Kent for th» u»e o* the general fund of said county. Section .16. Any license granted under the provisions of this ordinance may, at any regular meeting of the Board of Supervisors be revoked and cancelled, provided that a corn- complaint in writing duly verified, by person or persons making the same shall have first been flled with the clerk of such board, setting forth and specifying wherein such oHi- W.a^jy*SK-,r,<v. ii- •'•-•"• •*>•-- •—-;•" auy of the conditions of the nnderttik- im,' herein provided for have hern violated, if after a full examination of the witnesses produced at such iH'iirln;:, the Hoard of Supervisors or a majority thereof, shall lie satisfied that the person, firm, corporation, club or nsofiiitioR has been guilty of the offense charged in the said complaint. Section 17. Upon the filing of the complaint • herein above mentioned, duly verified, charging any person, firm, corporation, club, or association, with tho violation of any of the provisions of this ordinance, or any of the conditions of the undertaking, herein, as required, it is hereby made the duty of the clerk of the Board of Supervisors, and he Is hereby expressly authorized to Issue a notice reciting the substance of said complaint and commanding the person, firm, corporation, club, or association complained of, to appear before the Board of Supervisors on a day to be stated therein, at their next regular mooting after the filing of such complaint, and with any witnesses that he may desire, to show cause, if any h« has, why such license should not ho revoked, The nilfs of evidence In civil cases shall govern the examlnalifjp of such charge. Section IS. Any party holding n license under tho provisions of this ordinance, who desires to continue such business beyond (he time specified In (inch license, must proceed In tint same form and manner required for the first petition, in order to obtain a tiecoiid license: and In case a party holding a license under this ordinaii'-t> neglects to obtain a now license to commence at the expiration of the former one, it shall be unlawful for such party to continue such business during tho time Intervening between the expiration of the first license and and such party so continuing cense, and such party so continuing such business shall he deemed guilty of a misdemeanor and upon conviction thereof shall be punished as in this ordlnane provided. Section 19. Every person, firm, corporation, club or association, or any member of members thereof engaged In any business in the County of Kern, outside of Incorporated cities, who In connection with such business sells, handles or gives away any wines, fermented or distilled liquors or malt liquors In any quantity whatsoever, shall be required to conform to all the rules as to petitions, bonds and notices as In this ordinance required of persons who engage In the business of selling at retail alone, and shall pay the same II- (Contlnnflrt air P*** Three )

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