HomeMy WebLinkAboutOrdinances - No. 118Section 1. Then use2 ifl tkis Ordinnnce (1) the word “liquor”
or the phrase “iuioxicatinp liquor” shall be construed to include
alcohol, brmdg, nhiskey, rur5, gin, beer, ale, porter and nine, and
ir: eddition thereto, hfiy spiritwus, oinoue malt, or fermented liq-
uor, liqaide, snb colnoounlis, nhe’vker rnedicsted, nropriet,arg, patented,
or Lot, and by vihstever name cslled, conttiining one-half of 1 per
centm or more of dcohol bj7 volurne ~hict: are fit fox use for bev-
err,ge ,?imposes: Fro-bidad, “hat the foregoing definition shall not
extrna to dealcoholized Fine nor to any beverage or liquor produced
by the process by- ncich beer, ale, norter or wine is produced, if it
coaiains less than one-helf of 1 per centum of alcohol by volume, and
is made as prescribed j.a 1:;~~s enacted by Congress, rind ie otherniae
denominated than us beer, ale, 01’ porter, nnd ie contained and sold
in, or from such sealed and lttbe.lc?d bottles, casks, OT contaiaers 6s
%he United Staates Comtiissioaer of Interrial Revenue nay by rcgulation
prescribe.
The worci ”persoa” shall. mesn ac6. include nalural persons, firms,
associations, clubs, co-partnerships, corporatione and all associations
orcombinations of persons, whether acting by themselves or by a servant,
agent or employee.
Section 2. It sh8.11 be unlawful for sng person within the
City of Lodi to manufscture, have, keep, store, sell, barter, trans-
port, import, exaort, deliver, furnish, poesg:be or have in his possess-
ion, say intoxicating liqnoy axcept ss authcrizee in this Ordinance.
Liquor for non-beverage purposcs srd wine for sacrarnontal
purposes may be manufsctured, pnrchased, eold, bartered, transported,
imported, exported, delivered, furnished, and possessed within the
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City of I,odi, but; only by s person holding a valid permit from
the United States Internd Revenue &partmefit, nn6 only la bccorciance
with tho lams of the United States: ?rovided nothing ia this Ordi-
nmce shall prohibit the purchase sad eale of atirehouse reoeipts
covering disl illed snirits 011 depoeit;s in Government bonded wae-
houeee, snd no special tG>. lixb3lity shall attach to the business
of purchasing oncl selling such x,.:arehouse receipts.
Soction 9. The following articles shall not, after
having been mannfactursd and prepared for the market be subject
to the movisions of this Ordinsnce, if tbey correspond with the
following deecrip" ion5 and limitntione, merely:
fa) Cendnred ~lcot.01 or fi.sna;ture& ram proaucea end
used as provided by the laws tmd regulations now or hereafter in
force.
(b) Kedicintzl prepmat ions manufactured in accordmca
with formulas prescribed by tho United States Pharmacopeiti, Euticntil
Formulary, or the American Inetilute of !:omeopathy that are unfit for
use for beverage puroesee.
(c) Patented, patent, and proprietary medicines that me
unfit for use for beverage purposes.
Id) Toilet, medicinal, and antiseptio preparations and
solutions that are mfit Tor use for beverage purposes.
(e) Flavoring extracts and syr-upa that are unfit for use
as a beverage, or for intoxicating beverage purposes.
(f) Viaegar and prseerved sweet cider.
Any person who sonufacturee ?njr of the articles mentioned
in this section within the City of Lodi, may ourchase and posse88
liquor for that purpose, provided permits be secure& fEom the United
States Internal Revenue Department to manufacturo such articles md
to QurChase
enforced uncler the direction of the Vnited States Internal Revenue
Department.
such liqUOF, AS nrovided hy the lam enacted by Congress
Bo such manufact,urer shal3 sell, use, or dispose of any
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liquor within the City of Lodi, oii-erwise than as an ingredient of
the article? authorized to be macufactured therefrom. fio wore alco-
hol shall bc used ir, the manufnctore of nc~ extrect, ~yr'up, or the
articles named in parugranks b, c, and d of lhia section which may
be used for beverage ourposeE tbt-in the quanity neaessary for ex-
trtiction or solution of the element@ contained therein snd for the
brrservution of the artiole.
Any person vrho shall, within the City of Lodi, knowingly
sell any of the nrlicles $enl.ioned in parhgraphe a, b, c, and d
of ttic: asction for beverage pu~poses, or any ex!rsct or syrup for
iatoxicstinp beyerage purposes, or %ho shall sell any of the same
under circumstances from ahich the seller might reasonably deduce
the intention of the purchaser to me them for suck. purT)oaes, or
sh~ll sell any belTerage containing one-half of 1 per centurn or more
of alcohol by volume in which any extract, syrup, or other article 18
tmed as an inpedient,, shall he suhject to the penalities in thie
Ordl: nance provided.
Section 4. It sknll be unlawful for any person to manufecture,
sell, purchnse, 'transport, or nreecribe ~ny liq!?or witkin the City of
Lodi, without firet obtainiric u neyrnit, from the United Staters Conrnissio!l-
er of Internal Revenue so to do, exceBt tbst any Barson may, nifhout
a nBrrnit, purcbase wid use liquor for medicinal piirnosea whan prescriksd
by a rhgsician a8 hereiri provided s~d except that my person who is con-
ducting a bona fide hosaital or eanatoriizm in the City of Lodi, engqged
in the treatment of nersons suffering from slcoholism, may, under such
rules, repulatione, and conditions as the TJnited 9tites Commissioner of
Iat Fsrnal Revenue shall nrescribb, purchnec sad i:se, in accoreance with
the metpods in use in suet, iaetitutioni 1iqi:or to be B,dzinie?ered to
the natienta of such institutiq- lindcr the direction of e duly quali-
fied physician employed by EUC~
j. 118 t i t ut i on.
Nothing in tkts Ordinevlce shall be held to apply to the
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rnafiufncture, sale, trcinsnorl ht ion, nossession, importation, or
distributiorL of wf ne for sscrnmental nurcoseE, or like religious
rita8, by netrsons boldlnp a valid verinit therefore from the United
9tii ee Internal Revenue Ceportair:r,t. :To nerson to wkom s:ieh a nermit
may be issued to rnanufscture, transnort, imort, or sell wiaas for
sacrwiantrAl pumoses or like' religious rites, shall sell, barter,
e~chsnpe or furnish mimy Fuch to sn:.r person not u rsbbi, minister
of ft-o goenel, Driest, or an officer duly authorized for the purpose
by any church or conn-s@st,ion, nor to :my such except unon sn addition-
ti1 m71ie'.ltAt on duly subscribed by him, nhich spplicrtion, authenticated
us remlstiona may nreecribe, sh;ill be filed and preserved by the
seller.
Section 5. It shall be unlawful for any one, who 1~ not a
pkgsicicn holding a permit frora ti-e United Stafss TnternuZ Revenns
I?epi.xtrnent to prescribe! liquor, to issue any prescriotlon for
liquor: bnd, no nhgeician ehell prescribe liquor unless after care-
ful -hr;s?.ezl xim mi fin ti on of the pietr~on for whose 1.188 Spch prsscriutfan
ie soueht: or, if suck sxerniniition is found impracticable, then,
upon the best information cr?-',sinable, he in? good fsith believes that
the us9 of such litpOT as 3 meuicilla by s:icb parson is neces33ry nad
will afford rslief to "ir0 from e3ao knonn ailalsnt. Xot more than a
nint of sniritaous liquor to bs tqten iqtornally shall. be prescribed
for use hy the 8t?*ri! i)erson aithia sn:~ nsriod of ten days ead no
nrescrin+i3n shall be Riled :nore than once. Pay pharmicist filling
a nseecrintion ebvll ot tbe tirne i:idorso uno:i it gver his o8n eigna-
ture the Kord "canc~~llod", tsgotker with thet date when the liquor was
delivered, and than make the sma 8 nart cf tke rncora that ke 18
required t3 keep 88 herein arovidad.
Section 6. It shall ha ualmfnl for any ?ereon to mmafhacture,
nnrchass for sale, nrescribe, scll or transport any liqnor, aithin
tho City of LoBi, rithaut, nitkinn at the time 8 permanent record
thereof ehoEina in detail the G:nouaZ. and Bind of liquor manufactured,
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mmchneed, sold or trenaported, togatker with the name8 aad &ddrasse&
of the parsons to pck!offi @old, in em? of sale, for whom proscribed,
arnoxnt ana ;)urnose, iii case of pascription anti, the oolzsignor anti
consignee la c:iee of trsnsportation, and the time and plaoe of such
manufacture, prescription, e:zle, or transportation.
Section 7. A11 manufactures$ end wholesale or retail
drugpists of tbe City of Loai
Rtvcnnr; permits hall keep as u Dart of the recorda required of them,
a copy of all United 3tat2e permits to purchnsa 011 which a sale of
any liquor ie made, and'& manufncturer or wholesale druggist shall
sell OT otherPriea 6iEpose of ,iw iiquor exaapt at whQleSalf3 and only
to persons having United States permits in such quantities.
, holding mitea States Internal
Section it. All persona within the City of Lodi manufacturing
liquor for sale utzder a Jnited States Int.erna1 Rawmue pcrtrmit shall
securely and oerman4ntly sttach to every container thereof, as the
sme is manufactured, 8 lsbol 8t;:ting name of manufacturer, kina
and quantity of liquor contained therein, and the date of its
m&nufwture, together with the numbar of the permit authorizing the
manufacture thereof, tu4d all persons possessing such liquor in
wholeszle quanit ies shall securelg %cop aac: naint,&.n such iabol
_. thereon; and all preons esllirrg et wholasale shall aitaclh to svary
package of liquor, when sold, a Jrabsl s0tting forth ti.0 lrind and
quantity of liquor contai..red therein, by whom aanufactured, the date
of ~til~, tin4 the uerson t,o whom gold; which hb@l shall LilrsvAse be
!;~~,t ..md maintained thereon until the liquor is used for the pur~oscs
for which such sde was authorized.
Section 9. It rhall he the duty of every carrier xithin the
City of I,odi to !nake a rsoord at the nluce of crkipnrent on the receipt
of any liquor tranenorted, sac? ke shill d9llver liquor only to persons
crho nrcsent tg -the caTrier h. verlfled copy
nal Sevonne, nermit to purehme, which shall. be mtl8e a part of tte
carrier' 8 permanent record at the office from which delivery is made.
of a United States Inter-
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Section 10. It shall be unltivful for any pereon to nee or
in8uce any carrier or any agsnt or e3ployee thereof, to carry or
ship any pwkage or rsceplaclc contahing liquor without notifying
the carrier of the true natux md character of the shipment. Uo
carier withir the Cit;7 of Loai shnll transport nor shall any persou
recerive liquor from zi carrier unless there appears on the outside 09
the ~ctckege conteining such liquor, the following information:
Bme Swd :iddress of the consignor or seller; name and address
of the consipme; kirid :,ad qumtity of liquor contained th2rein;
number of the perrnit to :)urcJ:ase or shir, the same; ad, the name
and aadross 00 the person using ike qermii.
Section 11. It shall Le anlav~ful for any C?oIlSiEsle@ to riccept
Jr receive any package coatriining LG'J liquor cpon which appears a
statpmmt knonn to him to be falee or for any carrier or other per-
soa to consian, Ehin, trzneport or deliver my such u:wk.sge, krioxing
auch etatemsnt to be falae.
Section 12. It shall be ?~nlrtwful to give ailg csrrier or cny
offiom, upnt, 9r pe?-son acting or assuming to act for such anrrier,
ari order requiring the GeliTerg to any Derson of aay liauor or pack-
age containing liquor consiFxd to, or grzrporting or claimed to be
eonsigned+to a person, %hen the nuroose of th.? order is to enable &cy
peT&on not an actud bom fide consipe@ to obtaFri e:?c4: liquor.
Section 13. It shall be unlanfnl for any person to edvertise
in said City, my intoxicating liquor by means of any siga or bill-
board, or by oircular, poster, prico list, newspaper, periodical, or
otherwise, or to edvertise the nanufsctnre, 8-18, keeping for sale,
or I'ornishine of auch liT-iors, or tila person from whom, or the plwe
whore, or the price at wkicii, or the, method by ahich my such liquors
may be obtsined; provided, tkat manufacturers rtnd wholeeale druggists,
holding valid ?errnits under this Ordinance, may send price listE to
those to whom they may legally sell such liquors, and this section
shall not apply to foreign newspapers mailea into the United States.
Section 14. It shall be uflln~fnl to sdvsrtise, manufacture,
sell, or possess for sale any utensil, contrivafice, machine, pre-
paration, ComPound, t&blct, substance, formula, direction or recipe
advertispd, designod, OT intended for use in the unlawful manu-
facture of int,oHiceting li guor.
Section 15. It ehrtll be unlmful to nermit my sign of
billbonrd painted, srectod or othermiso constructed, containing
any advsrtiaement, rendered unlmful hy Sections 13 and 14 of this
Ordinance, to remain upoil one's premises, or to circulate or
distribute any circulars, price list or other advertisernerlt rendered
-..- . unXm9ul by this sect,ion, ::& if ahzll be the duty of every police
officas of the City of Lodi to remove end destroy znr such advertise--
ment when it comee to his nojice.
Section 1G. It shall be cnlawful for any person to solicit
or receive, or kAOPJiiiply pernit Cis emnlogoe to eolicit or rnccive,
from any person, any order for liquor, or Five flny infornLtion of
how liquor may be obtained ir, violatiozn of thi~ Ordinance.
Section 17. It shall be unlovful to hzye, nossess, trhnsport
or manufacture any liquor, or &.n;7 utensil, contrivance, machine,
prepsratinn, cornpouaa, tablet I Eubatafice, formula, direction or
recipe deeigned for the manufacture of liqucr intondad for u8e in
violatinK this Ordinance, or vhich hae been 80 uaed; md no yroaorty
ripkt8 shall exist in any auch liquor OP !.he aforementionad property.
!. search warrant mag issue as provided in Title XI. of public liiw
numbered 24 of the Sixty-fifth Congress, appr@+:t-:t June 15, 3937,
and such liquor, the containers thereof, an6 such property ss here-
inbefore refzrrect to, so seized nh:ill. be subject to sucb dieposition
88 the court may make thereof. Bo search warrant sfxi11 iswe to
search any prio3tCi dwelling occupied as such unleP; it is being
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use& for the uLilF:..piful s:de, or !nsnufsct,ure of intoxlcating liquor, or
unless it is in part used for some business purpose suoh 8s a store,
shop, saloon, restaurant, hotcl, or boarding house. The tera "pri-
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vate dwelling’ shall be construed to include the room or rooms
used and occupied not transiently but solely as a reeidence in an
apartment houee, hotel, or boarding hongle. The property seized on
my such wmrant shall not be ttiken from the officer seizing the
s~ne on ariy writ of replevin or other like process.
The City Recorder of the City of Lodi and my Justice of the
Peace therein, shall have power to issue seamh aarrants as provided
in thie section.
Section 10. Any person violating any of the provisions of
this Ordinenee ehdl be deomed Qnilty of 6. rnisttemeaaor and upon con-
viction thereof shall be punished by a fine not exceeaing $300.00
or by imprisonment in the County jail oft Sm Joaquini County, for a .
period not exceeding three months, or by both such fine and im-
pxisnnmsnt.
Section 19. 30 porson ahtill bo excused, on the ground that
it nay tond to incriminate hfm or mbject him to a penalty or for-
feiture, from attending and testifying, or producing books, panars,
ciocuments, and other evidence in obsdienoe to a subpoena of any
court in en:a suit or .oroceeding based umn or growing out, of any
‘alleged violation of this Ordinance, but no naturul peraon shall be
prosecuted ox subject to any penalty or forfeitore for or on account
of my tranesction, matter, or thine as to wbkuh, in obedience to a
subpoena md under oath, he may 80 testify or prodace evidence, but
no pernon shall be exempt from prosecution aad punishment for mr-
jury committed Ln so testifying.
Section 20. In any affidavit, ii190rmtition, indiotnen5, o
ccmplaint for the vfolation of this Ordintince, sepbrate offenses may
be united in Espcirtita counts tiad the defendant may be tried on all
at Olie trial &Ed ‘the n6nRlty for all offenses may be iniposed. It
ctlal) oot be neceasary in any affidavit, information, indictment, ox
complrLint, to give the mime of the purchaser o r to incLude any
defensive negative avements, but it shall be sufficient to state
that the act complained of was then and there prohibited and unlaw-
ful, but this provision shltll not be construed to preclude the
trial oourt from directizg the furnishing by the defendant of a
bill of partiaulars when It deems it proper to do SQ@
Ssotion 21. The posae6sion of liquors by any person not
Ordinance legcilly permitted under this txktxlm to possess
prima facie evidence that such liquor is kept for the purpose of
being sold, bertered, exchanged, qiven nwny, furniehed, or otherwise
disposed of in violation of the nrooieione of th18°%&!&4?Ce13~t it
ehrtll not ba unlawful to poas@ss liquors in one's private dwelling
whi1.e the snme is occupied wid used by him a8 h6e dwelling only:
and, such liqnor need not be reported, provided euch liquors ark3 for
liquor ehall be
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- use only for the Petreonal consumption of! the ownel thDrCdof md hi8
faQily residing in such Awellitw nli8 of his bontz Side gnests when
entertained by him therein; and the buraern of proof shall be upon the
possoesor in any action concerning the sane to prove that such liqnor
was lawfully acquired, possoseed and used.
Section 22. All records and re7Jorts kept or filed under
the provisions of this Ordinance shall be subject to inspeclioa at
any rFttisontible hour by ctly, district, t,ov,nship, Or county officials,
or my of their egents or by any public proseoutor or by any person
deefpnated by him, or by my p5ace officer in the County where thet
rscord ie kept, md cooitsa of such reoords and reports &ulr oertified
bg the person with whoin kaot or filed may be introduoed in evidence
with like effect as the originals thereof, an3 verifiea c~pit~ of
. _- such rscortls shall be furnistsd to such city, district, township, or
county offieid, when called for.
Section 23. It shall be tna duty of all po:i.ce officers of the
City of Lodi, and their deputias, and rill otlisr officials charged with
t,he eaforcernent or hv:, to Onforce the prOViSiQnE of this Ordiriance.
Section 24. liothia@ in this Ordimnee shall be constru,ea to
li:nit the srle or rnfinufecture of InZustrial alcohol by o. person ho1.a-
inp st valid permit therefor from the
Department and when such industrial
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United States Internal Revenue
alcohol is manufaotured ana aoLd
in accordance with tho laws of the United Stntes, w6 the rules sad-
reguletloas oi' the United 3trLtes Cornmissioiier of Internal Rovenue.
Section SF. All ordinsncoz or parts of ordintaces that
are incorieintent with tkis Ordiatace are hereby repealed.
Szction 26. If a.iy section, sub-aeation, sentence, clause
or phrasg of this Ordin-lncc is for .my r#-ason held to be invdld or
ui,coristit,ut,ionsl, subk 6ecieion shell not affect the validity of the
remvining provisioatj of .this Ordinnnce,
City of Lodi, hereby Coclaraa thzt this Ordinsncs shrll b0 deeatsd to
'00 83 exercise 3f tiia power grsctad '39 the 10th Amndnent to the
'?he Board of Trustees of the
Constitution of the Jnited States, and of tho police power of the City
of Lodi, for the protec%ion of tks c!ihlic health, peaee, safety an8
.m,cr:,l:-, of' the peoni~ of snii: City of Zodi; and , ell 0:' its provisio
shhll be 1ibFjrtllly ooiietrumi for !,he accomplishnnat of these nurp
mrl Board 02 ?'~iiste3~s v~auJd have passed {his Ordlnanocs sad esc
scc",j on, snb-section, seritencn, clauee a.2d phrnoe thereof, irreepec-
tive of the f'sct ibt an27 one or niore of EUC~ eections, sub-sections,
senlsnce@, CI~WCB or phrases rnight be declared invalid or unconstitu-
tlond.
11 27. ',',hie Oruirldrice i.- urgently requireti
i: of the public henlth, pea
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peo?le of tke ci
liqv.or is being diPpenso
ayl there is no adequate me the SREQ; the publio
hesltl? of the CitiZ nerL1; the pub1 and s2fet.y is
enaangared a t be protected; mci tbie is e
in full force and rsffect iailriaciately upon its f
ge , approval an4 publication.
Section 2. This ordinance shall be pnblfohed onue in The
newspaper of general oirculation, W-w
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