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Home My WebLink About00209 Minutes of March 28th, 1933, continued.F .( • COUNCIL RECONVENES AND ROLL CALL Council reconvened•at 10.45 o'clock P.M., andCity call there were wean present and Mayor Sorge Bangerter, Deputy City Attorney y. Clark y illiam Lammers, Jacob Miller, C. P. Aubert, George F. Townsend, Sam McGee, W. B. Smith and . S. Lafferty. Mayor Bangerter presiding. irder to Draw Bevera a License: It was moved by Councilman Townsend and seconded by Councilman Lafferty that the City ,ttorney be instructed to draw an ordinance to license the sale of certain beverages on the Lines agreed upon by the City Council in committee of the whole. Upon roll call all seven ;ouncilmen voted in the affirmative and motion was declared carried. RECESS. It visa moved by Councilman Townsend and seconded by Councilman Aubert that the Council recess until 12:00 otclock noon, March 30th, 1933. Motion declared carried. March 30th, 1933. COUNCIL RECONVENES AND ROLL CALL The City Council reconvened at 12 o'clock noon this 30th day of March, 1933. Council- man Lammers, Mayor Pro Tem, presiding. Roll Call: Upon roll call there were present Deputy City Attorney W. J. Daly, City Clark C. F. Christian and Councilmen William Lammers, Jacob Miller, C. P. Aubert, George F. 'Townsend, Sam McGee, W. B. Smith and W, S. Lafferty. Mayor George Bangerter being absent. ORDINANCE & RESOLUTIONS Beverage Ordinance Introduced and Read: Councilman Aubert, as Chairman of the Police, Revenue and License Committee, submittal a proposed Ordinance for licensing the sale of certain beverages and entitled: "An Ordinance licensing the sale of certain beverages for the purpose of revenue, re- gulation and control; providing for the supervision and revocation of licenses; defining offenses against said ordinance and providing penalties for the violation thereof". The said Ordinance was read in full by the City Clerk for the first reading. It was moved by Councilman Aubert and seconded by Councilman Smith that the first rea ing be considered the second reading, and that the third reading be by title only. Upon roll call all seven Councilmen voted in the affirmative and motion was declared carried. Third Reading: The City Clerk then read the said Ordinance by title only for the third reading. It was moved by Councilman Aubert and seconded by Councilman Smith that the said Ordi- be now put on final passage. AMENDMENTS. Change In Boundary: Citizens present were now given an opportunity to address the Council and Mr. E. M. Starrett verbally petitioned the Council to change the easterly boundary of the restricted district from Monroe Street to Jackson Street. It was then moved by Councilman Aubert and seconded by Councilman Lafferty that Section 5 of said Ordinance be amended by changing the easterly boundary of the district set aside in which beverages may be consumed on the pre- mises from the westerly side of Monroe Street to the westerly side of Jackson Street. Upon (roll call all seven Councilmen voted in the affirmative and motion was declared carried. iBy unanimous consent the following insertions and corrections were made in the terms of the Ordinance: I. Under Subsection "C" of Section 3 a paragraph was added defining a retailer as follows: "Any dispenser of beverages as rr ovided by this ordinance in less quantities than as designated as a wholesaler, shall be deemed and considered a retailer." ZI. That the following addition be made to Section 5 relating to the zoning provision of said section, to -wit: "Provided, however, that the zoning provisions of this section shall not apply to iicor porated lodges or fraternal societies or other organizations having a State or National charter as contemplated by sub -section "a" of 'action 3 of this Ordinance. Several minor corrections were made to correct typing errors and it was then moved by Councilman Aubert and seconded by Councilman 'Townsend that the said insertions, additions an corrections be adoptbd: Upon roll call all seven Councilmen voted in the affirmative and motion was declared carried. ylOrdinance Passes: Upon a call for the passage of the Ordinance as amended all seven Councilmen voted in Lhe affirmative and motion was declared carried. I F_ - ..W_. 77. I I 0 407 Minutes of March 28th, 1933, continued. Copy of Ordinance: The following is a full, true and correct copy of said Ordinance No. 1026, as passed by the City Council March 30th, 1933, approved by the Mayor March 30th,, 1933 and published in the Port Townsend Leader March 30th, 1933, to -wit: ORDINANCE NO. 1026. AN ORDINANCE licensing the sale of certain beverages for the purpose of revenue, regulation and control; providing for the supervision and revocation of li- censes; defining offenses against said ordinance and providing penalties for the violation thereof. The City Council of the City of Port Townsend, Washington, do ordain as follows: Section 1. That the term "beverages" as used in this ordinance shall include beer, lager beer, bock beer, ale, porter, stout, and other brewed or fermented beverages contain- ing one-half of one per cent or more of alcohol by volume but not more than 3.2 per cent of alcohol by weight. . Section 2. It shall be unlawful for any person, firm or corporation to conduct any place within the City of Port Townsend where beverages, as defined by this ordinance, are sold or offered for sale without first having obtained a valid license from the City of For Tnwnsend authorizing such person, firm or corporation to donduct such place of business at such location. Section 3. Licenses may be granted under and pursuant to the provisions of this ordi- nance permitting the licensee to keep for sale and to sell beverages, as defined by this ordinance, as follows: (a) Where served and consumed "on the premises", upon payment of an annual fee for said license of the sum of 0100.00. . (b) Where kept and offered for sale in sealed containers for consumption "off the premises", upon the payment of an annual fee for said license of the sum of $75.00. (a) Where kept and offered for sale at wholesale upon the payment of an annual fee for said license of the sum of 54250.00. A "wholesaler," as contemplated by this ordinance, is one who keeps and offers for sale beverages as defined by this ordinance, in not less than barrels, half -barrels, quarter -barrels, eighth -barrels, sixteenth -barrels and case lots of two dozen pints or one dozen quarts. Any dispenser of beverages as provided by this ordinance in less quantities than as designated as a wholesaler, shall be deemed and consi- dered a retailer. (d) To owners and operators of hotels for sale to guests of such hotels only and for service in the rooms of such guests only, upon the payment of an annual fee of $100.00, provided, however, no license shall be issued to hotels having less than twenty-five guest rooms. (a) To incorporated lodges or fraternal societies or other organizations having a national or state charter, upon the payment of an annual fee of W25.00. Section 4. Any person, firm or corporation desiring a license for the sale of bever- ages shall file with the City Council of the City of Port Townsend an application therefor in such form as the City Council may prescribe. The application shall designate the kind of license desired and two or more licenses may be granted to the same applicant and loca- tion, Before the licenses are issued the City Council shall be satisfied of the moral char actor and financial responsibility of the applicant, appropriateness of the location where such licenses business is to be conducted, taking into consideration the number of such li- censes already issued and generally as to the applicantfa fitness for the trust to be re- posed. Each license shall designate the place of business of the licensee and the type or kind of business to be conducted thereat. Each application for a license shall contain: First: The name and residence of applicant. Second: The particular place for which a license is desired, designating the same by street and number if practicable; if not, by such other apt description as .definitely lo- cates it and the kind or type of license desired. Third: The name of the owner of the premises upon which the business licensed is to be carried on. Fourth: A statement that the applicant is a citizen of the United States and not less than twenty-one years of age: (if a corporation or partnership, any of its officers or mem- bers); that such applicant has never been convicted of a felony or misdemeanor involving moral turpitude or of any State or "ederal laws or regulations or city ordinances relating to the sale or possession of intoxicating liquors, narcotics or of gamblin Fifth: This application must be verified by the affidavit of the applicant made befor a Notary Public or other person duly authorized by law to administer oaths. Sixth: That he intends to carry on the business authorized by the license for himself and not as an agent of any other person and that if licensed he will carry on such business for himself and not as the agent of any person. Seventh: That the applicant intends to superintend in person the management of the business licensed and if so licensed he will superintend in person the management of the business. Section 5. Licenses for the sale of beverages as defined by this ordinance for con- sumption "on the premises," shall be granted only to persons operating an established res- taurant, retail soft drink parlor or soda fountain in the City of Port Townsend which has been operated as a bona fide restaurant or retail soft drink business in said city contin- uously for more than one year immediately preceding the application for said license, and shall be issued only for locations within the following district of the City of Fort Townse: to -wit: Commencing on the westerly side of Jackson Street on Front Street; thence along the southerly side of Front Street to the westerly side of Kearney Street; thence along the westerly side of Kearney Street to the northerly side of Water Street; thence along the northerly side of Water Street to the westerly side of Tyler Street; thence along the Wes- terly side of Tyler Street to the southerly ,aide of Washington °treot; thence along the southerly side of Washington street to the westerly side of Jackson Street; thence along thi westerly side of Jackson Street to the place of beginning. Provided, however, that the zoning provisions of this section shall not apply to incorporated lodges or fraternal so- cibtiesor other organizations having a State or National charter as contemplated by Sub- section "e" of Section 3 of this Ordinance. Section 6. Licenses for the sale of beverages as defined by this Ordinance in sealed containers for consumption "off the promises" shall be granted only to persons'who are and who have been operating an established and bona fide grocery, drug and/or mercantile busi- ness in the City of Fort Townsend continuously for more than one year immediately preceding the date of said application for said license. Section 7, It shall be unlawful for any person to sell or serve beverages as defined y this Ordinance to a'minor or to permit a minor to drink the same on the promisee of the j i j� I f