Ordinance No. 464
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ORDINANCE NO. 464
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AN ORDINANC~ OF TK.:!: CITY OF ~f3m.\TON LICENSING A...l'ID REGULATING
4 THill UANUFACTURING AND SALEl OF ALCOHOLIC BETJ2AaES .HTHIN THE
CITY OF V'J:RNON.
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6 TIn;; 8ITY COUUCIL OJ! 'l'H:8 CI'i'Y OP Vl.J:;RNON ~ocs ORDAI:-T AS :?OLLOVS:
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Seotion ~: It shall be unlawful. for any person.
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firm. corporation, aS6ociati~nJ club, social club or organiza-
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tion to manufacture for sale. sell. serve or give away. or to
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Cause or ?ermit to be manufactured, Bold. served or given aWB.:6
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any a1cahol.ic beverage a8 defined in Section 2 hereof. except
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as hereinafter in this ordinance provided.
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Section 2: For the purpose of this ordinance. the
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term ttalcoholic beverage" is hereby defined to be beer, lager
~eer, ale, ~orter, wine, any fennented malt or vinous liquor
or fruit juice, or any liquid which is capable of being used
for beverage purposes, each containing in excess of one-half
of one per centum or more of .9.1co1100 by volume and not more
tha.n 3.2 per centum of alcohol by weight.
Section 3: Nothing in this ordinance contained
sl~all be deemed or construed as prohibiting in the City of
Vernon -
(a) The manufacture for sale, or sale in original
conta.iners, of any a.l.coholic bevera,.r,3e not to be consumed on
the premises by any person. firm or corporation holding a
va.lid. W'lravoked manufacturer.fa licence. provided for herein;
(b) The service of any alcoholic beverage in any
private home to :~elabers of the household residing therein
or to any bona fide guest therein. provided such private home
is not a. place of public resort and in the further event tha.t
no money or thing of value or valuable or good consideration
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is or is to be given or received as a. consideration for the
service thereof;
(c) The furnishing by any duly licensed pharmacist
of any alcoholic beverage exclusively upon the written pre-
scription of any person authorized by any law of this State
or of the United States to prescribe alcoholic bever-ages for
~edicinal purposes;
(d) The distribution, service or UBe of wine at
the sacramental service of any bona fide and duly organized
church or religious body.
(e) The sale of any alcoholic beverage or bever-
age in any sealed or corked container, or closed package,
barrel, or cask, at any 91ace of business within city of
Vernon. the owner or proprietor of which :place holds a. valid
unrevoked dealer's license. provided for herein, provided that
nQ part of an~l such beverage so sold shall be consumed' or
drunk on the premises where Bold.
It Bhall be unlawful for any gerson to drink or
comnune, or for any licensee hereunder to cauae or permit to
be drunk or consumed on such premiaes any alcoholic beverage,
or any portion thereof, or for any person to open. uncork or
unseal, or to cause or permit to be opened, uncorked or un-
sealed on such premises any such container or package, or to
have in his possession on such premises any ~uch container
or package which shall have ceen opened, uncnrked or unsealed.
(f) The service of any a~coho~ic beverage in any
c~ub, social club, re8~aurant, cafe, ~unch room, hote~. or
other place of cusinees. the owner or proprietor of Which club,
social club, restaurant. cafe, lunch rOOID, hotel, or place of
business holds a valid unrevoked cafe liu~nBe. 9rovided for
herein.
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1 Any such alooholic beverage shall only be served to
2 a. person or persona each partaking therein of a. bona fide mElal
3 or lunch, for consumption with such meal or lunch, a.nd no part
4 thereof shall be served to any person to whom such a meal or
5 lunch i8 not being served. For the purposes of this ordinance
6 a so-called "free lunch II shall not be deemed to be a bona fide
7 meal or lunch wi thin the meaning hereof.
8 It shall be unlawful for any person, firm. corpora-
9 tien. association, club, sooia.l clue or organization to sell,
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10 3F;}rVe or give a.way. or to cause or permit to be sold, served
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or given away, or for an;y pe1"son to purchase, receive, be
served .Kith, or consume any alcoholic beverage in violation
of any ~rovieion of this subsection.
(g) The sale of any alcoholic beverage by any
wholesale dealer to any licensee hOlding a valid unrevoked
dealer's license provided for herein.
Seotion 4: No license provided for herein shall be
knowingly iB6ued to any person who is not a citizen of the
United States; nor to any corpora.tion. the ma.jority of the
stock of which is owned by, or held in trust for, any person
or persons who are not citiLens of the United States; nor to
any unincorporated firm, association. club. social club or
organiz.a.t ion, the maj ority of the members of which are not
citizens of the United States; nor to any person who has ever
been convicted of any felony, or for a vio~ation of any Law
of the United States, or of any state) city, county. city and
county, or governmenta~ agency reguLating or reLating to the
manufacture, sale, storage, gift, possession or transportation
of alcoholic liquors, including alcoholic beverages as herein
defined, or relating to the ~,ossession, maintenance or opera.-
tion of any still, equipm~nt. material or apparatus for the
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manufaoture of alcoholic liquor 1 including alcoholic beverages
as herein defined, nor to any firm, corporation, association,
club, social club, or organization, any officer of which, or
any member of the board of di:rector:a. or board of trustees, or
gover-ning body of which. shall have been convicted of any
felony, or for a violation 0: anY Buch law of the United States.
state, city, county, city and county, or governmental agency.
Seotion 5: Each license issued pursuant to the pro-
visions of this ordinance shall be issued in the tr~e n~~e of the
particular person, fin)1, corporation, association, club. social
club or organization beneficially interested and for which such
license is intended.
It shall be unlawful for any person, firm.
corporation. associa.tion, club. social club or organization to
obtain or hold. in its OWn or in any other name, any such 11-
cense as dummy, agent, trustee or other representative of the
one beneficially interested. provided tha.t nothing in this
section contained shall be deemed nor construed as prohibiting
the duly autfiorized agent of any applicant from signing or
verifying any application on behalf of the one beneficially
interested, subject to the provisions of Sections 16 a.nd I? of
thia ordina.nce.
Section 6: Each person. firm oD:t'poration or asso-
ciation of persons conducting, ~anaging or carrying on in the
city of Ve~non the business of manufacturing for sale any
alcoholic bev'3l'age, as herein defined. shall obta.in a license
designated herein a.s "manufacturer's licenaelt# and shall pay
to the city of Vernon tberefor the sum of Fifty ($50.00) DOl-
lars per annum.
In addition to B~id '50.00 per annum for manu-
facturer's licenec, each person, firm, corporation or aasocia-
tion of persons managing or carrying on in said city the bUBi-
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ncas of manufacturing for sale any alcohoLic beverage herein
defined shall pay to the city a tax of fifty (501) cent. per
barrel containing not more than thirty-one (31) gallons, and
a like rate for any other quantity or fractional part. whether
sold in bottles or in other forms of cantainexs, upon alcoholic
beverages sold by said manufacturer; pTovided, however, that
it shall be unlawful for any manufa.cturer to have any interest
in a.ny corporation or business conducted in the city of Vernon
by any ljerSOn, firm 01' corporation holding a reta.il or lion
sale" license within the city of Vernon
Said tax shall be paid on or before the 15th day of
ea.ch month for all of said bevera.ges J:lold by the manufacturer
u'';'l'ing the preceding ca.lendar month.
Section 7: The definition of words, terms and phrases
which are set forth in Chapter 178 of the Statutes of 1933 of
the State of California are hereby adopted by this reference as
the definitions of such of said words, terms and Dhraees as
appGaT herein.
Section 8: Each person, firm, corpora.tion. associa.-
tion. clu)). social club or organiza.tion serving any alcoholic
beverage or beverages with any meal or meals or any lunch oX
lunches shall obta.in a license designated herein a.s "on sale"
license, and pa:y for same to the city of Vernon the sum of
Fifty (~52.00) Dollars per annum.
Section 9: Each person, firm or corporation sellinG.
furnishing or otherwiee dealing in alcoholic beverages in
sealed or corked containers or closed. packa.gea, 'the contents
of '.'ll1ich a.re not to be consumed on the premises where sold.
shall o-btain a 1.1cense des1,c;na.ted herein &8 "off salelt licen6e)
and shall pay to the city of Vernon therefor the SUJl1 of Ten
010.00) Dollar. per annum.
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Sect ion 10: All license fees for the manufacture
or sale of alcoholic beverages shall be paid to the City Clerk
of said city, who is charged with the collection of business
license fees in said city. All license fees shall be paid
annually in advance. commencing on the date when Buch license
is granted. No license fee 'paid pursuant to the provisions
of tals ordinance shall be refunded tn the event that such
lic311se is revo~~edJ as herei.nafter provided for, or that the
licensee ceases to carryon the business for which such license
shall ha.ve teen issued before the expil"ation of such period.
Section 11: A separate license shall 1:;e obta.ined
for each tranch establishment or separa.te house or lllace of
business. the address or loca.tion of' which shall be stated
in tl:e license. and no sucb licen66 shall be assignable 01'
transferrable by the holder thereof' to any other person, firm,
corporation, assooiation, club, social club or organization.
Each lioense shall epplY only to the partioular premises
desoribed in the applioation and license therefor, and shell
not apply to any other premisee or authorize any aot for
whioh a license is required on eny other premises unless an
llPplioetion for a transfer thereof to suoh other pt"emiees
is made to the City Counoil of said city. In the event such
transfer may be allowed by s eid City Counc 11, the Ci ty CIs rk
shall issue a new license, wbioh transfer shall be made with-
out the peyment of an additional fee. A:D.y lioensee hOlding
a valid unrevoked license issued pursuant to the provisions
of' th1 s <r d1nence may have his ~1cense renewed tor a new
year period at any time not exoeeding ten (10) days before
the beginning of suoh period, providing there is no ohange
in the ownership of the business or the location of the
premises covered by ouch license. In oeee of any ouoh
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1 transfer of location a transfer of lioense may be made only
2 as herein in this ordinence provided.
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Section 12: Each licensee holding any license
4 issued pursuant to the provisions ot this ordinance shall at
5 aU tiD..s keep such 11 cense posted and exhibi tad in a con-
6 spicuous place in the prinoipal room of the plaoe of business
7 for whioh suoh lioense shall have been issued.
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Seotion 13: Any person, f1rm, oorporation, asso-
9 oiation, club, sooial club or organization desiring to obtain
10 any license provided for herein sh$ll present, or oause to be
11 presented, to the City Counoil of the city of Vernon a written
12 application therefor, duly verified on oath by or on behalf
13 of such epplicant, setting forth the following faots:
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(a) The partioular kind of license desired;
!b) The name and residenoe addrees of the applioant;
or if suoh applioant be a partnership, the names and residmce
addresses of each partner thereof; or if such epplicant be a
oorporation, association, olub, social club or organization,
the name and residenoe address of each officer and director
thereof, designating whioh office or other connection each
holds;
(c) Each city, together with approximate dates
and addresses, in whioh applioant hee lived or has been lo-
cated, as the case may be, during the ten year period pre-
ceding the dote of application;
(4) The <<<sot address, location or description of
the particular premises tor whioh such license is desired;
(e) The citizenship of applicant; or, if ap-
plioant is a corporation, whether a majority of the stock
thereof is owned by, or held in t rust for, a citizen or
citizens of the United States or by or for any alien or
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aliE:ns; or if ap=jlicant is 8.n unincor~)orated firm, associat ion,
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club, oocial c:;'u1:; or orga.nization, whether a majority of the
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meruceI's there~f are Gitizen~ of the United States or are aliens;
(f) ./hether ap.:~Jlicant) or any tlember of the IJartoell--
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ship, or any officer 01' director of applicant, as the Case I!l&Y
be, has ever been convicted of any felony, or for a.ny violation
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of any law referred to in Section 4 hereof;
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(g) Jhether the applicant whose name i6 shown on such
application 15 the true applicant a.nd the one beneficially inter-
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est cd therein;
(h) '''lhether the person who signs a.nd verifies such
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12 s.pplicat ion i6 th!::l duly a.uthor ized a.gent of such applicant;
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(i) How long said applicant has paid a business
14 license in the city of Vernon, and if said license is now de-
15 linquent;
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If' applica.nt is in default in the payment of
17 any tax or license due the city of Vernon.
Section 14,-: Each application far license made PUl'-
19 euant to the provisions of this ordinance shall be made in
20 duplicate, on forme provided by said city Of Vernon and shall
21 be signed and verified as to the truth of the state~ente con-
22 tained therein by the applicant, or 1::y h1s 01" ita duly auth-
23 o1'1:.c.ed agent, both copies of which applicat ion shall be filed
24 with, and the license fee pa.id to, said city of Vernon.
25 It shall t.e unlawf"ll for any person eigning and
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verifying any such applicatl to make any false statemE:lnt tl1ere-
in, and. in addition to the peaaltiee prescribed by the pra-
visions of this ordinance for any violation thereof, any
license issued upon any such application containing any such
false stat ement sha.ll be sut.j ect to rev ocat ion as prov ided
for in Section 16 hereof.
Upon the filing of such a.pp~1cation for originaL
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license the City Clerk shall place the original copy the~eof
in So permanent file in his office and sha.ll transmit to the
police De~artment a duplicate copy thereof. It shall there-
upon be the duty of said Police Department to inveatigate the
truth of the statements contained in said application in so
far as practical. and to ascertain if the issuance of the
license applied for may 1awfQlly be made in view of the pro-
visions of this Ordinance; whereupon said Police Department
shall render to said City Council a report in writing Betting
forth its findings or belief aE to the facts involved as to
whether such license may be lawfully issued. If such report
discloses that such license may lawfully be issued the crity
Council shall order the City Clerk to issue the Bame; other-
wise. such application shall be denied and the applicant BO
notified by said City Clerk.
Section 18: All licenses issued pursuant to the
provisions of this ordinance shall be prepared. signed. sealed,
furnished, issued and accounted for, and all moneys received
thereupon shall be deposited and accounted for by the same
officers and in the same manner a6 prescribed for the general
license fees col~ected by said city.
Section 16: Any license issued pursuant to the pro-
v ieiona of this ordinance is leaued and shall te accepted by
such licensee with the express understanding and agreement that
the City Council may re'Voke the same at any time v.hen it a.ppear-a
to said City Council that s~ch license was obtained by fraud
or through mistake of law or that any material fact or facta
set forth in the application therefor w~a falee or that the
licensee shall have teen convicted of e. felcny or. that such
licensee or his or its agent, servant or employee shall have
been convicted of a. violation in, on or in connection with
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1 the place of buainesE for which the particular license haa
2 been issued, of this ordinance, or any ~aw of the United
3 States or the State of California or of the County of Los
4 Angeles relating to the manufacture. sale. storage, gift,
5 possession or transportation of al.coholio liquor or of any
of
6 law relating to the poeeese-ion. maintenancy opera.tion of
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auy still, equipment, material or appara.tus for the manu-
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facture of alcoholic liquor I or, in the case of any licensee
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holding an "on Bale" license, when it a.ppeal'S to such City
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Council that auch licensee has been making a practice of aerv-
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ing any such alcoholic beverage with food in a quantity not
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sufficient to constitute a bona fide meal, as herein re~uired.
No such license sha.ll 'be revoked unless written charges have
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been filed Nith the City Council setting forth a.ll facts upon
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which complaint is made and upon which evidence may be offered,
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whereupon said City Council Shall fix a time and place for a
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puelio hear ing on such charges, a.nd ehall give not ice of such
hear'ing, in writing, to the :icensee, wnich notice sha.ll be
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sufficient if ma.iled to the 1 iceneee, at the address stated in
his license, not less than five (5) days before such hearing.
At the time set for such hearing, or at the tirr.O to
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w11it:h such hearing may be continued by said City Council, said
City Council shall hear all evidence presented by or on cehalf
of the person filing such chargea a.nd by or on l,ehaIf of the
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licensee against whom such charges are filed.
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At the cloBe of such hearing, or 8,S soon therea.fter
as pra.ctical. said City Counc1~ shall determine from the evidence
presented a.t the bearing whether sufficient grounds exiBt. as
specified herein. for the revoClation of such license, and if such
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charges be found to be true and such grounds established. said
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City Council shall adopt an order. which shall be set forth at
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length in the l!lnutes, revoking such license. and the City Clerk
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shall notify the Chief of Police of the city of Vernon and
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6uch licensee in writing of such revocation.
Section 17: No new or further license provided
for herein 8ha~1 ever be granted, either directly or in-
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directly, to or for the benefit of a.ny person. firm, cor-
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poration, association, club. social club, or organization
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whose license shall have beeu revoked a.s herein provided for.
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Section 18: It shall "be unla.wful for any person,
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firm, corpora.tion or a.ssociation of persons to engage in the
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business of peddling alcohoUc beverages within the City of
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Vernon.
For the purpose of this ordinance the term I'peddling"
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shall ~e defined as going from house to house. place to place,
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or in or along the streets of the city of Vernon taking orders
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for, or soliciting orders for, or selling and making e~th~
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irmnediate de11veJ.'Y or delivery at a later da.te, or offering
for sale and delivery any of such beverages to any person with-
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in the ::::-i ty of '[ernon.
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Section 19: ~ach holder of an Moff sale" license in
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the city of Vernon shall pay to said city a tax of fifty cents
(501) per barre1 containing not more than thirty~one (31) ga1-
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lons, and a like rate ror any other quantity or fractional part,
whether sold in bottles or in other form of contalnerse Said
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tax shall be paid on or about the 15th day of each month for
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..11 of said beverage sold by the licensee daring th6 preceding
ca.lendar montbe
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Sect ion 20:
Each manufacturer shall submit a monthly
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report under oath of the quantIty of a1.coholic "beverage sold
and.for delivered from its place of ~ueinesB during the preceding
calendar month, and said ma.nufacturer' sha.ll not eell or offer
I !'or
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ing
aale any alcoholic beverage unless upon the pacl~ge contain-
Baid alcoholic beverage there shall be a label setting forth
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as near a.s PIl80ct lea).. the exact alcoholic conte.nt of said
beverage so manufactured and sold.
Section 2~: All ordinances and :;;:larts of oI'dina.nc~s
in conflict with this ordinance are hereby repealed.
S'~cti.on 22: If any section, subsection, aenteilce,
;::laus~ J;,'phra.B':~ of this ord::.nance is for a.ny reason held to
te inva~id or unconstitutional, such decision shall not affect
tht:l va.lidity of the remaining port ions of this ordinance. The
City :Joum.:il of' the city of Vernon hereby declares that it
~ould have vassed this ordinance and each section, subsection,
sentence., cla.use or phrase thtlreof. irres};lective of the fact
that anyone Qr ~ore other sectiona, subsections. sent3nces,
claLlses or phrasen be declared invalid or unconat Hut ional.
Section 2.3: Any ~oerson violating a.ny of the pro-
vi3ions of this ordinance snail be dec0ei cui1ty of a mis-
demeanor and, upon conviction thereof, shall be punishab~e
"oy a fine of not more than Thr ec Fundred (~~300. 00) Dolla.r s,
0::':' by imp:/.'isonrnent in the. City .Ta.il of said City or in the
Ccun~y Jail of the County 0: Los Angeles, for a. period of not
more tha.n three (3) months. or by coth suell fine and impl'iiJon-
Mont.
Section 24: The irr~ediate ps,ssaCa of this ordinance
l.S hereby declared to be necessa.ry as an urgency measure for
the immediate ..9reservation of the public peace, health and
safety, and the fa.cta constituting said urgency are as follows,
tJ~it: That the Congrea~ of th~ United States has amended
the national proh1bitionn.ct sa as to remove the penaltiea
thereof as to acta therein specified relat ing to 1:;eer I al.e.
porter, Wl.ne, similar fermented malt and vinous liquor and
fruit juice, containing one-ha.lf of one per centnm or more of
alcohol by volume, and not more than three and two-tenths
(3.2%) per centum of alcohol by weight.
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That t le V~r:islatu.re of the State of :::alifornia.
has enacted an urgency measure prescribing certain regula~
tions for the manufacture, ~iatriGution and sale of said
bevera.ges, providing for the licanaing of said manufa.cture,
distribution and sa.le thereof, designating the City C:ouncil
of each city to be the licersing board of said city, and
delega.ting to sa.id City Council the authority to provide the
amount. method and l)(Hiod of .:;;syrrtent of license fees by
ordinance.
'Ine C1 ty of Vernon ha.s no ordinance in effect
governing the manufacture and distribution of said beverages.
a.'1d the iYn1Ilediate enactment ::If this ordinance pursuant to the
yrovisions of said Statutes is necessary for tbe immediate
preservation of t~e public ;eacc, health and safety of the
people of the city of Vernon.
Section 25: There being no newspaper printed, pub-
lished and ciro:ula.ted in the city of Vernon. the City Clerk
is dir;}cted to tile passa.ge of this ordinance and shall post
same, or Cause SaJIlS to be posted. in three of the moat pUblic
pl.a.C8S in the City of Vernon. to-wit: the north-Neat corner
3trea:t
of 38t~/and Santa Fe Aven~e; the northwest corner of 37th
Street and 3anta Fe Avenua, a.nd a.t the entrance to the City
Hall, 4305 Santa '11'8 ~;"'v''}nue. i.n the City of Vernon; that thie
ordina.nce sha.ll "be in full force and effect from and a.:rter
the date of posting.
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I. T. J. FURLONG, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Ordinance was
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duly and regularly introduced at a regular meeting of the
City Council of the City of 7'3:rnon. held on the 19th day of
June, 1933. and thereafter finally adopted at an adjourned
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regular meeting of said C:it~l Council held on the 26th day
of June, 1933, by the following vote:
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A.r~s: DUI'l) in, Levy, Peralta, Furlong
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lTOES: None
..l3SE:NT: Leoql S '... _-'
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~~_;t-:;1" thei.;-~Y~f
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Vernon
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