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HomeMy WebLinkAbout0761~ ~ ORDII~ANCE NO. 761 AN ORDINANCE ~mending Section 4 and Section 5 of O~dinance No. 749, entitled: "An Ordinance to license and regulate soda fountains soft drink bars and parlors, restaur, ants, cafes, cafeterias, lunch rooms, cigar stands and card tables, and fixing pen- alties~ for the violation of the provisions thereof, and repealing all ordinances and parts of ordinances in con- flict therewith." BE IT ORDAINED B~Y THE CITY CO~IISSION.O~~ THfl~ CITY OF BREDU~RTON: Sec. 1. That ~ec-tion 4 of Ordinance ~o~ 749, entitled: "An Ordinance to license and regulate soda fountaiK~s, soft drink bars and parlors, restaurants, cafes, cafe- terias, lunch rooms, cigar stands and card tables, and fixing penalties for the violation of the provisions thereof, and repealing all ordinance and parts of ordinances in conflict therewith," be amended to read as fol~lows: Sec. 4. Any person desiring a license as herein provided shall ma~e a written application to the City ~ommzssion therefor, setting forth ~.~herein the name and address of the applicant or applicants, and in case of a corporation the na~nes and addresses of each of the stockholders thereof, and the date of incorooration, ~he places of residence of applicant for three years next preceding the date of such application, to~ether with the applicant,s occupation during said time, whether or not applicant or any stockholder of the corporation, in case of a corporation has within one ~ear next preceding the date off said application been c.onvicted of the viola$ion of any law or ordinance relative to the sale of intoxicating liquor and whether or' ~ot applicant, ~r anyone owning an interest in said proposed business has been convicted of the violation 9f any law or ordinance relating to the pessess ion. handling, or sale of any narcotics, and whether or not applicant, or anyone owning an interest in said proposed business, has ever been convicted of the viola- tion of any law or ordinance relating to public morality or decency, and such application shall state the location of such proposed business, If the City Corem- ission be satisfied that the statements contained in such application are true, and premises described in the ap.olication comply with the ordinances and regulations relative to building, light, fire, health and sanitation, the City Co~nission shall direct the 0ity Clerk to issue the license applied fi.or; provided, however, that no license shall be granted in the event that the applicant, or anyone ownt~'~ an intere~ in said proposed business, has within one ii'ear preceding tl~e date cfi said applica- tion, been convicted of violating any laws or ordina~uces relating to the sale of intoxicating liquor, or the oossession, handling or sale o£ any narcotics, or if such perso,n or persons, or any of them, have ever been convicted of violating any ordinance or laws relating to p~,blic morality or decency, nor if the premises do no~ corn-ply wi~h the ~uilding dodo, and Ordinances relating to fire, light, health and sanitation. Provided, further, that if the said Oity' Oommission shall be satisfied that the license should no~ be granted, then the City Comn~ission shall, upon three days notic, ~o the applicant, hold a heariilgI upon such ap~olica~ion at which ~he a~plicant shall 'he given an opportunity to prove by competent evidence that the ap~licant, or app- licants, and nons of them, have e~er been convicted of any of the above mentioned offenses as herein provided, and that the premises described in the ap[~lication com- ply with the requirements of the ordinances referred to above. If after such hearing the Oity ~o~mmission shall find from a preponderance of the ievidence that the foregoing facts have been established, it shall direct the City Olerk to issue the license aoplied fi.or. If after such hearing the City ~o~nmission shall find t~at the foregoing facts have not been established by t[-,e evidence, the application shall be denied. The action of the Oity Co~nission upon such hearing shall be final. Sec. 2. That Section 5 of Ordinance No. 749, as entitled in Section i hereof, b~e amended to read as follows: Sec. 5. The 0ity 0ommission reserves unto itself- the power to revoke any license issued under the provisions of this ordinance at any time where the same was procured by fraud or false representations of fact; and further reserves unto itself the power to suspend any license and all rights thereunder for a period m~ not exceeding thirty days, or revoke any license for the violation cfi, or failure to comply with any of the provisions of $?.,.is ordinance, by the person holding such license, or any of his servants, agents or employees, or the conviction of ~he person holding such license of any crime or offense invlving moral terpitude, or the conviction of his servants, agents or employees of any crime or offense involv- ing moral terpitude, committed on the premises, in which such business is conducted, or for the conviction of a person holding such license, or any of his servants, angents or employees, of the violation of any law or ordinance relating to the poss- ~ession or sale of intoxicating liquor, or of any law or ordinance relating to the possession or sale of narcotics, or the violation of any law or ordinance relating to gambling, or possession of gambling devices,committed upon the pr~mises where such business is conducted, or in any room or place adjacent thereto in which the holder o£ such license, or any of his servants, agents or employees has an i~terest the re in. At least tkree [3) days before suspendi~g or revokin~ any license the City Commission shall cause to be mailed to the holder of the licemse at the addres? at which such business is being conducted, a notice stating the ~ime and place of hearing concerning the suspension or revocation, at which the licensee shall be entitled to be heard and introduce the testimony or witnesses, The action of the Oity Oommission relative to such suspension or revocation shall be final, provided that whenever any person to whom a license has been granted under the provisions of this o~dinance, shall be convicted of violating any of the provisions thereof, such c~nviction Shall be prima facia evidence of facts sufficient to wa~-rant suspension or re~ocation of the license held by such person. ~' Sec. ~. An emergency exists and this ordinance is necessary for the preservation of the ~ublic health and safety and the [~reservation of the peace and morals of the City of oremerton and shall be in full force and effect immediately upon its passage and publication as provided by law. Passed by the ~City Co~mnission and signed by the I,,Ia. ymor in authentication of such passage, th is 28 th day of June, 1922. Attest: ~ ~ayo~.