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o R DIN A IT 0 E No. 7.
A!T ORDINANCE FOR POLlOi::.: REGULA'rrrm RlELATING TO PLACES ','!REHE SPIR-
I'fUOUS, VINOUS, ;!~ALT OR ~.:rXED I,IQUORS on ALCOHOLIC DHINKS Artl:~ !,;PJTUFACT-
DR-ED, DEPOSITED, DISTRfBUTED, SOLD, DEI,TVER:';U, 01, GIV"N 1\'7AY IN THE CITY
0];0' ARHOYO GRANDlE : :!tAKING UNI,A'NFUL THE I.1ANUFACTURE. SALE: on GIVING A\VAY
OF ,3ucn LIQUORS OH DRH1KS 'HITHDr 'mE CITY OF AHROYO GRi\ND1E : PRO'.TIDING
FOR 'THE SALl~ OF SAME BY DRUGGISTS UNmm GUAHDED HESTIUCTIONS .
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The 136ard of I'rus tees of ~he 01 ty of Arroyo Grano,s doea.', rdain
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aB fOllows, to-w1~ :
Section 1. Any pernon,flrm, corpol'at1on,olub or association,or tOem-
bsr of such 01U1) oc assooi,J,tlol'1, who, wi thin the corpor'ato limi to of
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th~ . ,i ty of Arroyo Grande establiell.82, or ke8po a plaee whore op:i.ri tous
vinous, .malt or mixed liq,wrs or any alcoholic drinks aro nw.nu~~~EJ..1,
!lold. f~i811od, diHtrib.Jd.:!&d, delivo~oj or gi~a~~ in any quantity:
or who within said city, .either as owner, employee, agent or othorwiso
!Jli111\!:t:.a.Q.~u~B , sells, f~~6, <1il3trib~, !ii vidss, ,,;i .~lJ3iay or
keeps ..lrr._c_~_U_aFs, vaults, warehouses or any house or building any IJ,q-
uora or alcoholic drinks, excopt fOr the purposes herein spocifiad shall
be guilty of a misdomoanor.
The prohibitions of this Bectlon shal1 not apply to .
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(a) 'f.'he sale of Uquors for bona .fide medical purposos by a regularly
lioensed druggist upon the writton p!'oscrip~iol1 Of a physician entit1e~i
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to practice medicine under the lawB of the )'tate of California , pro--
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vided, howevor, that s,dd prsscription she,ll De wri tton, Bie;:tlOd and
dated by the physician within twenLy-four hOUl'," of the date of aale ,
and that the name of the person applying pel'Bonally for the prescription
and the name of the person for whose personal use the proscription is
made, shall be inserted therein by the physician ism,ling the an.mo at
the time tho prescription ls made or given ; that the proscription
shall be presonted to and filed by the druGgist beforo IJ.ny sa.le or
furnishing is made thereon ; that all proscriptions shall be numbered
and kept in regull1.r succession by the druggist ~ t~ filing or filling
the same on a separato file convenient for and open and bJ' .
su oot dUl'~n>
IS
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all business hours to the inspection of the ~y Marshal or any per-
Don who shall from time to time be designated by the Board of Trus-
tees of said city , that only ono sale shall be made on ono prescrip-
tion ; and that the prescription shall be given only when in the
opinion of the physician such liquor is necotll~ary as a medicine
for the person named ther~~Tl~ Any physician whogi'J~~_~ pre-
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scription to any well person to enable him to prooure any such
liquor or alcoholic drink to be used as abeverage, or who violates
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or assists ij violating or evading any of the terms of this sub-
, section shall be deemed guilty of a misdemoanor .
( 1;.,) f1J:'1 . 'rhe serving or di spensing of liquors by any person f1 t
hiB own home to his l',uestB as an act of hospitality, \7hen such
home is not a place of public rosort, and when no money or thing
of value is receivedin return for such liquors.
(c ). The use of vinous liquors at church sacr~aents.
Sec~ 2. It shall be unlawfUl for any person or persons to have
at his or their place of residence, on anyone calcndar day, more
than one (1) gallon of any spirituous, vinous, malt or mixed liq-
uors.
y ciub or association hav-
Sec~ 3. Evert person, firm corporation, ing in its possession within the City of Arroyo Grande anu spirit-
uous, vinous, malt or mixed liquors or alcoholic drinks, or vessels,
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decaP.lters, or other articles with intent to use the same in vi~tion
of this ordinance shall be deemed guilty of a misdemeanor .
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Sec~ 4.Evert person who lets, leases or rents any place to be
used, or permits the same to be used, for the purpose of violating
this ordinance shall be deemed guilty of a misdemeanor .
3ect~5.Svery person who at any time visits or is present at any
place, the establishing or keeping of which is prohibited by this
ordinance, shall be deemed guilty of a misdemeanor . provided that
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no person, otherwise. competent as a wit~sss, is disqualified from
testifying as such concerning any offense set forth in this or--
dinance on the ground that such teotimony may incriminate himself,
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but no proseoution oan afterward be had against Duoh an one for any
offense ooncerning whioh he testified .
Seotion 6. Every persun, firm or oorporation who transports within the
,P'1. ty of Arroyo Grand(~ spi ti tuous, vinous, malt or mixed liquors or
ooholio drinks, or vessels oontaining the smne, to any plaoe, the os-
tablishing or keoping of whioh is prohibited by this prdinanoo
;' deemed gull ty of' a misl1.0meanur-. -_._~
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Seotion 7. All liquors and alooholio drinks, and the vossels
the same, kept in violation of this ordinanoe, are hereby declared pub-
lic nuisanoes, and the owner or possessor thereof, on demand of the .<
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City Marshal of the C'ity of Arroyo Grande shall abate tho smne, and tr.e
refusal or negloot for five days after such demand to abatA the same,
shall be a misdemeanor and. the City Marshal of said ci ty shal~ have the
right and it shall be his duty to abate such nuisance by seizing and
destroying all liquors and alcoholio drinks found in such plaoes.
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Section 8. It shall 'be the dU'!:,y of the 01 ty Marshal of the City of Arroyo
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Grande to put peL .,n.s suspeoted of violating ~"".j ordinanoe under police
surveillance and to use all legal means in deteoting and oonvioting
persons violating this ordinanoe, including the exeroise of the right
of search given by the state law, and Chapter 3, Title 12, Part 2 of
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the Penal Code of th~tate of California, 80 far as the same does not
now apply to aotione or prooeedings under this ordinanoe, is hereby, as
far as the Bame can be made applioable , made to apply and be in force
in the City of Arroyo Grande. The City Marshal shall also colleot ev-
idenoe and take all necessary steps for instituting and c",rryin:~ on
actions in the proper court in the name of the City of Arroyo Grande
to abate all nuisanoes mentioned in this ordinance.
Seotion 9. Every person taking out, or having taken out, a Iloan88
for any business for which a license is required by the ordinances of
the City of Arroyo Grande, who shall be convioted of eetablishing or
keeping a plaoe oontrary to thi's ordinanoe, shall, in oases where suoh
unlawful plaoe has been esta'blished or kept in oonneotion with such
lawful business ,forfeit suoh license and no new lioense for such law,
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ful business shall be issued to suoh person during the period
of two (2) years next thereafter.
Seotion 10. Any clerk, sorvant,agent or person oommitting any
act in violation of this ordinanoe, or any part thereof, shall
be deemed guilty as prinoipal .
Seotion 11. Every person found guilty of a violation of any of
tho provisions of this ordinance shall be fiYlsd in the sum of not
less than ~25.00f, nor more than $300.00 or be imprisoned in the
city jail for not more than three (3) months, or be punished by
both such fine and imprisonment, and he may be imprisoned until
the f1.ne be satisfied which must not exceed one day for every two
dollars (~2.00) of the fine; and any person found guilty a second
tlme for violating any of the provisions of this ordinance shall
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more than t11ree (3) mon the, and suchj:H3r.BII>rLa.ha.1..l-.Jwt. ho"," tho 0' -
. .~._..lerriative of pa:f'ing'.~- fi.~~ al'f.the-penalt~ therefor, or he may be
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punished by suCh impr1,sonment and a fine ad not le80 than Fifty
($50.00) Dollars.
Section 12. The City Clerk shall certify to the passage of this
ordinance and the same shall be ~d ~ ~
tZwr,; rf~,~~,f;,p~ .
and the sarno shall take effect and be in
.,~ force and virtue on and after the /0< day Of~ 1912.
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Introduced by 1~ 4:~ -
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