HomeMy WebLinkAbout0999AN 0RDtNLN~E regulating the distribution and sale ~of malt, malt liquors, beer,
lager beer, ale, por~er, wine, similar fermented malt., or vinous liquors and
frui~ juices as herein specified, defining terms herein used, specifying places
where such liquor may be sold, classifying e~nd leavying an occupation tax for
revenue ~nd regulation thereon, providing for licenses therefor, prohibiting
the sale of intoxicating liquor in places so licensed, providing for cash bond
and penalties for violation of this ordinance, and repealing Ordinance ~o. 99~.
THE CITY C.O~IISSION O~ THE' OITY O~ BRENERTON DO ORDAIN ~S ~0LLOWS:
Section 1. EXERCISE 0P POLIOE AND TAXATION POWER, This ordinance shall be
deemed an exercise of ~he police power and the power of taxation of the City o£
Bremerton ~nd of ~he State of ~?ashington, for the preservation and protection of
~he public peace, safe~y, morals and economic welfare, and all of its provisions
shall be liberally construed for the accomplishmen~ of such purposes.
Section 2. DE~INITIONS. The terms beer, lager beer and wines as in this
Ordinance used, shall be held and construed ~o include all malt li~.uors, beer,
lager beer, ale., porter, ~wine and fermented malt or vinous liquor and fruit juices,
by whatever name such liquors or fruit Juices may be called, containing one-half
of 1% or more of alcohol by volume and not more ~'han ~.2 per centum of alcohol
by weigh~. Intoxicating liquor shall be held and construed to include any ~nd
all liquors', whether known as beer, wine, porter, whisky, rum, or by whatever
name t~ may be c~lled, containing more than 3.2 Pler cent~nu of alcohol by weigh~.
~lub shall be held ~nd construed ~o mean a concession operated by, in conj~u~ction
with, or under the' supervision of a duly 8rganized fraternal, benevolen~ or ~a~ri-
o~ic society, operating under a valid and subsisting char~er granted by a 's~a~e
or national organization, and having been organized as such for at least one year
prior to the application for license hereLmder, and only when such club or conces-
sion' is maintained and opera~ed in the same building where such organization holds
its regular meetings. Dist~ibut'or means a person, firm or corporation who sells
and~or distributes beer, lager beer or wine at wholesale ~o ~hose licensed under
~his ordinance to retail or. dispense the same. Restaurant means a. place lexcept
a boarding house) where meals are prepared, cooked and served to the public and/or
to guests of a hotel for compensation, to be consumed upon the premises and hav-
ing a seating capacity of at least twelve persons, and having been established
and operating as such for ~ period of at least six ~6) months immediately proceed-
ing the granting of any license hereunder provided.
Section 3. RESTAUR~,~EUR'S LICENSE, It shall be unlawful for any person,
firm, corporation or for his or i~s agen~ to sell or offer for sale or have in
his or its possession with intent ~o sell, a. ny beer, lager beer or wine on
draught or by the glass unless such person, firm or corporation shall own and
eper~te an established restauran~ ~s in this ordinance defined, and who shall at
such ~ime be ~he owner and holder of a valid and subsisting"Restaura~eur's
ORDIN~NbE NO. ~D9 page 2
License", therefor.
Section 4. RES~AUIL&NTEUR'S, 00OUPATION T~LX. ~n occupation ~x ~or ~hs pur-
pose o~ regulation and revenue De,and ~he same is hereby levied upon all ~uch
restaurants sn~a. ging in or desiring ~o en~age in ~he business of selling such
bee'r, lager beer or wine according ~o sea~ing capacity as ~ollows:
A. Every restanran~ h.aving'~ se~ing capacity of les~ ~han ~wen~y ~20)
persons shall pay an occupation ~ax of $100.00, payable in advance, which shall
permi~ ~he owner of such res~auran~ ~o sell such beer, lager beer and wine as
herein provided, ~o J~e JOSh, following.
B. EVery res~zuran~ having ~ s~a~ing capacity of~¢~ ~) persons, and
less than fo~y (~0} p~rmons ~hall pry ~n oo0upg~ion ~ax of 01~0.00, payable in
advance, which shall perml~ .~he owner Of such res~a~an~ ~o sell such beer, lager
beer and wine as herein provided, ~o June J0t~ following.
O. Every res~a~an~ having a seating capacity of for~y [40) persons, or
more, shall pay an occupation tax of $200.00, payable in advance, which shall
permi~ ~he owner of' such res~auran.~ to sell suo[~ beer, lager beer and wine as
herein provided, '~o J~e 30th, following.
Section 5. '~PLIOATION A~ B0~. Every person, firm or corporation desir=
ina a Restauranteur's License, as hereinabove provided, shall make application
therefor ~'o ~he Oily Clerk in writing, specifying the name of such owner and
also ~he ~ahager of such. place .' whether or ng~ he is a citizen of the United
S~a~es,a~he lo~t~ion of such restaurant, i~s s~atiflg capacity and who shall ~hen
and ~here'ag~ee in writing as a part of such application, and as a ~ondition pre-
ced~n~ ~o ~he iSsu'ing o~ any such license, ~o abide by the provisions of
ordinance, and shall a~ee ~ha~ upon oonvictioh'of such applican~ or his a. gen~,
of Violation of any of ~he pre'Visions of ~his Ordinance, ~o forfeit the cash
bond'h, ereinaf~er specified as required to be dePosi'~ed a,~ the time of'making
such appliCa'~ion. '~
~eo~ion 6. CASH BO~. Before a Ris~aura~e~'s' License"s~all be granted as'
hereinmbove ~peoified, the applicant ~herefor shall deposi~ with the. City Tressl
.
~er a s~ of money as follows: for Res~a~a~eur's License of ~he "A" class,
~he s~ off $200.00; for a Restaura~eur's Zioense off ~he "B" class, ~h~ s~ off
$250,00, and for a Restaura~eur's License of ~he "C" Clas~, ~he s~ of 0~00.00,
and ~he Ci~y Treasurer~shall give a receip~ therefor. Such s~ shall be held by
~he Oi~y Treasurer for the faith~ obse~w, nce 0f the provisions of ~his ordi~
nance, and shall be ~e~urned ~o'such' applican~ b.y~ ~he C~y Treasurer upon
final expira~io~of such license, or rehewal ~hereof, provided tha~ in ~he even~
such applicant or'his ageh~ shall be convicted of a violktion of any-Off the
provisions of ~his ordinance, such s~ so dep0si~ed shall be forfeited ~o ~he
City of Bremer~on ~o assist'in defraying the additional, expense for ~he s~veil-
ORDtNANOE N0'j~99 Page S
lance, regulation &nd enforcement of the provisions of this ordinance, and before
a .Dew license shall be granted ~o any such person, ~ like sum shall be deposited
wi~h the~Ci~y Treasurer ~der like circt~s~anoes.
Section T~ ~O~EITURE. In the event that ~5e holder or o~ner of ~ny ~uch
Res~aura~eur's license or his agen~ is.convicted of a violation of an2 of th~-
~erms of' ~his ordinance, such license sh~ll be suspende, d for ~. period of ni~ety ~0)
days upon the firs~ conviction any any. s~ or sL~s deposited wt~h the 0ity Treasurer
for the faithful o~servance of the provisions of t~is ordinance sh~ll be forfeited ~
~he City of Bremer~n as hereinabove provided, s~nd upon the. second conviction ~hereo~
of either such applic~n~ or his ~gen~, such lice~Se shall be c~ncelled and ~ulled
and no such license or any license .provided by this ordinance shall he, issued to suc~
licensee or his ~gent convicted ~he second time for violating the prov~.ions of
~his ordi~ nc~.
~c~ion 8. LIQUORS TO BE CONSUltED 0~ PEE~ISES ONLY. It shall be ~u~lawful ~or
for ~he holder or owner of ~n2 such license or his agent to sell any such beer,
lager b~er or wine exoep~ by draugh~ or in bottles with the c~p removed or by the
glass ~o be cons~ed upon ~he premises, &~nd then only to ?ersons ~e~ted &~t t~bles
or~at a co~er provided therefor, expeZ~ theft where the holder or ou~ne~' .of ~ny such
."Res~ura~eur's License" sh~ll~ also bc the holder ~nd, owner of,&~ "Retail in Bulk
~L?~icense", as in this Ordinance ~rovided, ~hen ouch licensee under both of such
licenses ~y sell dr~f~ beer in containers .provided by the purchaser ~h~eof to be
~aken fro~ ~he premises; provided, ~ha~ sh~ll be unlawful to sell~y such beer,
l~ger beer or ¥~ine ~o ~ny intoxicated person or persons under the. influence of
liquor, or n~rcotics, or to permit any Su0h beer or wine ~o be ~ken ou~ of the
~ premises, excep~ as h~rain provided.
Section 9. DISO~ERLY COiOUCT. . I~ shall be ~lawful for ~he owner or holder
of any such license or his agen~ ~o permit, allow or ~olera~e any dr~ke~ess, loud,
~profane or vulgar language or any boisterous, disorderly or i~noral conduct on sa~id
premises, or any place com~eC~ed therewit~h,
Section lO RETAIL IN BULK LIOmNoE. An occupation ~ax be and ~he same is
hereby levied for the purpose of~regul~ion and revenue on all places in ~he Oi~y
of Bremer~on, or on ~he managem, proprie~or~ or owner of any business in ~he City of
~emer~on engaging in or desiring ~o e~age in ~he~sale o~ any beer, lager beer or
~o'~ine as i~ ~his ordinance defined, in~bo~les or by ~he keg, of ~lO0.O0 per ann~,
~$~ g' g Y ' ~'i' ' o ~ , followino, payable in advance, and it
~e ~ino Jul 1st and ex~r~n~ June cObh ~
Shall be ~la~ul for any person, firm or corporation ~o sell, offer for sale or
~ave in his possession wi~h in~en~ ~o sell, any such beer, lager beer or wine to be
~old in bulk or o~he~isa wi~hou~ having paid such occupation' tax and being the
~hold~r and oossessor of a license for the sale of such beer, lager beer and.wine,
duld issued by ~he Oily Olerk of the Oily of ~emer~on, which shall he designated
0RDIN~iN~E NO...9.99 Page 4
holder Of a~'Retail.im~ru~k 'LiC~,~"~'~" ~L"::'"'~ or his agent', to permi~ a. ny such beer, lager
beer' or wine to be c~o'~~ ~p~on~'~he premises Covered by such
license,
or
any
premises~'c°nnected th%'rewith. '
Section ~2. DISTRIBUT~0R'S ~ICENSE. ztu occupation tax be a. nd ~lue same is here-
by levied on every person, firm or corporation enga. gin~ in or desiring to en:?age in
~he business of dis~ribb'ting lager~ beer or wine as in ~bis ordinance defined, or
enga. ging in or desiring ~o engage in t~e business of selling, offering for sale or
taking orders for ~he sale-of beer, lager beer or wine a.s in ~his Ordinance defined
a~ wholesale tb 'any holder or owner of a Retail in Bulk License,or Eestaurateur's
License or any other person in the City of Bremer~on of .~500.00 per a.~un, um, from
July l, each year and expiring on June ~, following, and it s[~a, ll be ~nlawful for
'any person, firm or corporationto act as a distributor of any Such beer, lager beer
or wine, or tos_,ell, offer for sale or take orders for the delivery of beer, lager
beer or wine ~o any re,ail or other person, without having a. valid and subsisting
Distributor's ~ioense ~herefor, duly issued by the Oily C~er].~ upqn applies, riCh for
such purpose, provided tha~ whe~ the delivery of such beer,'lager beer or wine so
sold or the' orders taken therefor is made through a person with a Distributor's
License, then no additional license for suc~ purpose shall be requireS,
Section 13, Any retailer or holder of a Retail in Bulk ~icense Resta, ura,~eur'
License or glub License 'who purchases or received a.ny beer, lager beer, or wine
in this ordinance defined from any ~erson firm or corpor~.~ion other than a licensed
dist~ibu~or~ as herein reqUir~, shall be considered as a distributor a. nd shall
required ~o obtain a DistribUtor's License in ~he manner provided herein, and it
shall be unlawful for the holder or owner of any ~uch Re~ail in Bulk License,
Restaura~'eur's License or Club L~cense ~o purchase or receive from any other than
the holder of a valid Distributor's License any such beer, lager 'beer or wine, ~.nd
in the event any such holder of such license or l~censes shall willfully viola.~e
t~is provision of this ordinance, the license' of"such retailer, restaurateur
club may bm revoked.in the manner hereinafter se~ forth.
Section l~ · ~YLT SHOP LICENSE. An occupation tax be ~nd. the same is hereby
levied' agai~nst all persons, firm~ or corporations selling or in ~he business of
selling'mal~, brewer's supplies and ingredients used for the purpose of making
"Home Brew", in the s~n.of $~.00 per annum, beginning July 1st ~-~.nd expiring June
Z0th, following, payable in advance, and it shall b.e .unlawful for a. ny person, firm
or corPora, rich to sell, offer for s~le or have in his possession with in~ent ~o
sell any'malt, brewer's S'up~lies or ingredients used for the purpose of making
"Home Brew", withou~ first paying such.occups, tion tax and being the holder or
owner of a license to be known as a '*l,~lt Shop License,"
Section 15. CLUB LICENSE, An occupation tax'be and the same is hereby
levied u]~on every club desirin~ to sell or .offer f~r sale beer. la,er beer or wz~i
ORDINANCE NO. 999- P~ge 5
of $50.00 per annum, beginning July 1st and expiring June 30th, followinf~7, and it
shall be unlawful for any such club to sell any such beer or wine without being-.~'he
holder or owner of a valid and subsisting "01ub License."
Section 16. INTOXICATING LIQUOR. It Shall be Unlawful for the holder or
owner of any of the licenses in this ordinance provided, or his agent, or any other
person, to sell, offer for sale or have in his possession with intent to sell, or
permit upon ~he premises covered by such li~nse, any intoxicating li9ugr of any.
nature or description containing more ~han 5,2 per cen~ of alcohol by weigh~.
Bmc~ion l~. LICENSE ISS~D TO OITIZENS ONLY. N6 lieens~ herein in ~his ordin-
ance provided shall be issued· ~0 any person not a citizen of
no~ having declared ~is in~en~ion of becoming a citizen of ~he United S~ates, or
any organization or association of. persons, the majority of whom ar~ no~ citizens
of ~he United S~a~s, or have no~ declared ~heir in~en~ion of b~coming citizens of
the United S~ates.
Section 18. NO LIOENSE TO VIO~ERS. No License provided here~mder shall be
issued ~o any person, who, within three years prior to ~he date of eppl~cat~ion, has
been convicted of a crime involving moral ~urpi~ude, or who has been convicted of
~he .viola~ion of ~ny of ~hs liquor laws
of ~ashing~on, or ~he Oi~y of Bremer~on, .
Section 19. REVOCATION 0P LIOENSE. In ~he even~ tha~ the holder of any
license provided by ~his ordinance or any applicant ~herefor shall be or shall h~a
been convicted of ~he unlawful possession or sale of intoxieatlng liquor ~der the
ordinance of ~he City of Bremer~on, ~he laws of ~he Sta~e of washington, or of the
United S~e~, or Shall be or shall have been convicted of ~he violation of any.
o~her Ordinances or s~a~u~es involving moral ~urpi~ud~ or is fo~d ~o be a person
of bad moral character or of a bad reputatign or f~r any o~her ggod re~son t. he City
0o~is~ion feels ~ha~ suc'~ person is a me,ce to ~he pe$oe and good order of.the
said city and ~he safe~y ~hereof, ~he said 80~isSion may in its discre'tion, revoke
such license or licenses ~heretofore issued or direc~ ~he refusal of the. issuance
of such license after a hearing held for ~ha'~ purpose before such 0o~ission notice
.of which hearing shall be given by serving such holder 8r a. pplicant, as the case
may be, a written notice of such hearing in person, which hearing shall be held no~
less ~h~n~five ~'
,.~.~ys nor more th~n ~en days after the serving 0~ such no,ice, but may
be continued from day to day and from time to time bu~ not for a gre~er period
~han ~en days, and a~ such hearind, ~he holder of such license or applicant, there-
for, as the case may be, m~y produce such evidence as may be considered pertinent;
... ~.-...~.~ ..... :,~ z'~:dt~ce such evidenceas it may ~deem necessary
or expedien~ in suppor~ of ~he revocation of such license or ~he refusal of such
application and thereupon the,~said Cm~m~ic~sion shall adopt a resolution either
lng ~he holder of such license permi~3sion ~o car~y on such business under such
~:~!icense or revokins same, or directing ~he City ~ ~o i~sue the aDplican~
O~qI)I]~T~'{OE NO. 999 ]?a~e 6
therefor a. license, or to refu~e same, ~s the c~ ~e may be, a.nd in either even~,
reasons for such revocation or the refus~l ~o gran~ such license shs.ll be given in
clear and concise langua, ge and cles. rly specify the ~ro~ds for such action, and
when so adopted shall be final, and in the event tha.~ such no,ice embo~ies the re-
fusal ~o gr~.n~ such license~o such. applicant, and in the even~ ~ha.t any liceuse is
revo~ed hereunder s.ny money deposited a~s a bond as in ~his Ordinance provided, shall
be forfeited ~o ~he Ci~y of Bremer~on.
section Eo. · UN~%~FUL T0 SELL T0 fERSONS UNDER TWEN~-01~ ~f~S. I~ shs. ll be
unlawful for any person, firm or cor~or~.~ion with or withou~ shy such license
sell or offer for sale or ~o give ~y suo~h~be'~ or wine to any person %~der ~he age
of ~wen~-one'years, excep~ such person be the -paren~ or legal guardian of such
Section' ~l. cLE~ VISION OF PRE~IISES. I~ shall be ~lawful for the holder of
any Res~aura~eur's License or his agen~ or Sale in Bulk License or his agent, ~o
pla. ce in the windows or doors of such place covered by such license, anything
will prevent a full and clear vision of ~he interior of such place from ~he s~ree~,
or ~o place any screen, blind or o~her obJec~ ~hat will prevent a cle~.r vision of
~he in~erior of suc~ place fro~ ~he s~ree~.
Section EE. UN~YW~UL TO DRINK IN PUBLIC PL~YCES. .I~ shall be ~lawfu~ for any
person ~o drink or eons~e any besr, lager beer or wine in any public place in
Oily of Bremer~on, or in any business plea. ce where ~[~e public ~ransacts business 5r
on any s~ree~, alley, p~rk, in said city, or in any ~hea~er, ho~el lobby or-de.nee
hall, or in s.~ p~aoe where ~he public oongreg?tes, except in restaurants having a..
Res~aura~e~'s Lioens~,
Section SS. ~ ~LAWFUL %'~ITHIN ~00 .FEET OP SCHOOL. No Resta~a~eur's License
shall bs~isSued ~o any place or ~o ~ny res~auran~ within three h~dred feet of any
high school or grade school within ~be city of Bremer~on.
Seo'~ion ~. POS~ LIOENSES. All licenses herein provided shall, at ell times,
be~ posted ins conspicuous place in ~he room or premises covered by such license.
Sec~ien ES, Any person, firm or corporation viola~ing any of ~he provisions :'
of ~his 0~din~nce shall, upon conviction thereof, be fined in any S~ no~ exceeding
$100,00, or by impriso~]en~ in ~he City Jail for no~ more than ~hir~y (~0) days, or
by by bo~h such fine and impriso~en~.
Section ~6 Tha~ Ordinance No 997 be and ~he same is hereby repealed.
Section ~. If any par~ or section of this ordinance is held invalid or ~-
constitutional for any reason, such determination shall n~ effec~ ~he o~her pro-
visions of ~his ordinance no~ expressly effected by such determination.
Section ES. This Ordinance shall be in f~l force and effec~ ~hir~y (50) days
from end ~f~er its passage and publication as provided by law.
PASSED BY ~E CI~ CO},~IISSION, signed by the 5~yor and a.~es~ed by ~he City
Clerk in authentication of Such passage Shis E?~h day of Nay, 1955,
OI~DI.N~k~IOE NO. 999 ~aMe
ATTEST: ·
County of KIt. p .)
I the undemlE~ed do ce~l~ that the ab~
mhd fofego1~E Is a t~ue and conect copy
an crdinan~ p~ed by thed~ ~m~l.slon
of the cl~ of Bmr, W~on on
~ .,', ~ - -~ ~,,~ .--~