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Ord 0142-AN ORDINANCE RELATIVE TO THE ALCOHOLIC LIQUOR TRAFFIC IN THE TOWNORDINANCE NO. ,,V ---000oo-•.« AN ORDINANCE RELATIVE TO THE ALCOHOLIC ];IgUOR TRAFI'IC IN THE TOWN OF LOS GATOS, AND PROHIBITING TI-M SALE MD MAN VACTURE Oil INTOXI GATING MgUORS EXCEPT FOR BONA FIDE MEDICAL, CHEMICAL OR NE+CHANI- CAL PURPOSES, IN THE MANNER THEREIN PROVIDED, AND REPEALING ORDINANCE NO. 730, ---ooQoo--- THE BOARD OF TRUSTHHS' OF THE TOWN OF LOG GATOS. do ordain as follows- Section 1.. Any person, firm, corporation, club :or associ- ation, that, within the Town of Los Gatos, establishes, keeps opens., maintains or carries on a place where spirktuous vinous, malt or mixed liquors or any alcoholic or intoalvating drinks are :solid, kept for sale, offered for sale, furnished, ditributed,, .divided, de iverecl or given away; or that, within said towny either as owner, employee,, agent, servant, clerk or otherwise manuf:actures, sells, keeps for sale, offers for sale, furnishes,, distributes', divides, delivers or gives away any spirituous, vinous, malt or mixed liquors or any alcoholic or intoxicating, .drinks, shall bedeerned guilty of a misdemeanor. Section Every person who shall, directly or indirectly, keep or maintain, by himself, or by associating or combining with others, or who shall in any ;manner aid, assist, or abet in keep- ing or, mcairitaini-ag, any club-room or other place v+ithin. the Town of Las Gatos, in which any Intoxicating 1iqu.9r is recei. red or kept for the purpose of use, gift, ! bartsr or saleof f or 'dis.".' tribution er division'- among the members of any club or assoc=latr ion; by dny, means whatever, and every person who'shall'use, barter, sell or give away or assist or abet ,:another in bartering, selling or giving away, any intoxicating liquors so sold, re- ceived or kept, shall be deemed guilty, of a misdemeanor. Section 3, Every person having in his possession, within the Town of Los Gatos any spirituous, vinous, malt, or mixed liquors or any alcoholic or intoxicating drinks, or bottles, demijohns, barrels, vessels, or other articles, with the intent. to use the same in violation of this ordinance sha:l,l be deemed guilty of a misdemeanor, and in addition to the penalty therefor hereinafter provided, the place where all suoh liquors, bottles, demijohns, barrels, vessels, or other articles ante kept by such person, shall be and the sage is hereby declared to be a nuisance and the Town gar shal shall have the right, and it shall be his duty to abate such nuisance by seizing all such liquors, bottles, Section 3~7,/2tl The 'provisions of` Sections 'l 2 and 3^of thin dinance shall not be construed to be held to prevent the vifig,'possessing, or keeping of any of the liquors mentioned in said sections by persons in the privacy, of their own homes and households for the uses thereof, and to the adzainiste-ring '✓9ald°¢~ G~ -d~t~ or giving the seine; to members of the familis of such persons,*'' a Section 5, Any person, irm or corpcra-cioxx wiiu ai+x.L! vb- tabl.ish, keep or maintain any distillery, brewery, winery or warehouse in said Town where spirituous, vinous,, malt or mixed liquors are distilled., brewed, fermented, manufactured or stored shall be deemed guilty of a misdemeanor, Section 6: Any person, firm or corporation engaged In the manufacture;, sale or disposal of any, alcoholic or intoxicating liquors or beverages without the corporate limits of said Town who shall. either as owner, principal, agent, servant, employee or otherwise, solicit, orders, deliver or transport any spirituous Vinous, malt or :mixed alcoholic liquors for use in said Town, or any person, officer, agent, or employee of a railroad company, express cQnpany, or other common carrier, who shall, within the Yown of Los Gatos, knowingly carry, or deliver any spirituous, vinous, malt or mixed ~iquor.s, or any alcoholic or intoxicating; drinks, or vessels for containing the same, to or for any person within said Town, shall be doomed guilty of a misdemeanor, pr•o- v1ded, that nothing in this section shall. be deemed to apply -to any person, firm or corporation, their agents or employees, having alcoholic-liquors, in transit through said Town ormt. to prohibitt, them from shipping, delivering or conveying into said Town any alcoholic liquors for immediate reshipment. or redelivery of the same to be used, sold or disposed of without the corporate limits of said Town; nor shad it be deemed to apply to the sale of liquors to druggists for medical, chemical or mechanical, purposes, Section;, 7. It shall be the duty of the Town Marshal., his deputies, and all pokier; officers of they Town of Los Gatos, to put persons susp . ected of violation of this ordinance under police: survell1ance, and to use all legal means in detecting and.con- vioting persons violating this ordinance, including the exercise of the xigh;t of search given by -the State .Law, and Chapter 11'1" of Part Il of Title X11 of the Penal Code of the Stater of" Calif- orn:a, as far as the same does not now apply to actions or pro- ceedings under this ordinance, is hereby, so far as the same can be mode applicable, made to apply and be in force in the Town. of Los Gatos. Section S,; The provisions of this ordinance shall not apply:'to`trie sale of intoxicating liquors for medialnat 'purposes by a druggist regularly licensed under the laws of the State of California, i pon the wri•tt..en prescription of a physician entitled to paracticee Aellciner under the laws of the State of Californiai provided said presori.ption shall be duly registered upon the first presentation for filling by the drla-ggi st who fills the same and shall not be filled more than once; that all preys" criptions shall be numbered and kpet in regular suce:ession by the druggist filling the same, on a separate file, 0OnveniOnts for and open and subject, during all 'business hours, to the in- spection of the Town Marshal and his deputy, and to any person who may- be designated by the Board of Trustees of said `Bl'own. Nor shall this ordinance apply to the sale; of such liquors. for chemical or mechanical: purposes. Section 9. Every act in violation of this ordinance shall, separately., or for each day of its continuance, be deemed a separate offense, and every person who shah, in any manner en- courage, aid, abet or assist in the violation of this ordinance, shall be deemed guilty of a misdemeanor and any clerk, servant, agent or,person coma-Itting any act, in violation of this ordim nanoe shall be deemed guilty as-principal, Section 10. Any, violation of this ordinance or any of the provisions thereof, shall., c!onotltu•ii.e a misdemaanor, and every' person: found guilty of. violating-any of the provisions of this ordinance shall,, upon conviction- thpreof, be fined in the sum of not more than Three Hundred Dollars, or by imprisonment; in the County Jail, of Santa Clara County for not more than three: months, burr be punishe=d by both such fine And imprisonment, Section ll. Ordinance No, 130 entitled "And Ordinance Relative to the Alcoholic Liquor Traffic in the Town .:qf hos Gatos" passed and approved on the 28th day of ;tune, A.i)_,1906, and all other ordinances or parts of ordinances in conflict with the provisions of this or•dlnance_- are hereby repealed, Section 12, The Town Clerk shall cause this Ordinance to be published once in the a newspaper of general circulation, ppinted• and published in the Town of Los Gatos, and this ordinance shall take affect and be in force on and aft;esr the " day of January, AO. 91 , Passed and rvytproved this F p!~ p day j ~11}edd:~771r , A.D a'.ir C 'oby the following vote Ayes,. Trustees Noes. Trustees: rE.~!r~~ _ _ _ Absent. Trustees. AT'T'ES'T' ; Fit~Pri(/' 'res d ,a t /Pf` the Board off` Trustees of the Town of Los Gatos. TowxnVlPxlc'Wgf tihe Town-~of los Gatos,. 1, hereby approve the above and foregoing Ordinance this/ m day A.D. 19JA Pies 3 d "flof the Hoar of Trustees of the Town of Los Gatos.