Ord 0142-AN ORDINANCE RELATIVE TO THE ALCOHOLIC LIQUOR TRAFFIC IN THE TOWNORDINANCE NO. ,,V
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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,
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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.