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Ordinance 049x � > r. ; .- -r - �a1 ORDI iiA.LZE 14�0. 490 An Ordinance regulating the traffic of intoxicating and malt liquors within the Town of dmonds. Be it ordained by the Council of the Town of Edmonds. SECTIOii 1: That the words "intoxicating liquors" whenever MWItAQ used in this Ordinance shall be taken to mean and include spirit- ous, vinous, fermented and malt liquors. The singular number shall include the plural and the masculine pronoun shall include the feminine. SECTIOE 2: License for the sale of intoxicating or malt ��ojx liquors in quantities of more than one gallon, shall be known as a wholesale license. License for the sale of intoxicating or ' malt liquors in quantities of one gallon or less quantity shall be known as a retail license. SECTIOL 3: The license fee for the sale of intoxicating mil` liquors by wholesale shall be at the rate of three hundred do]las per annum. The license for the sale of intoxicating liquors by retail shall be at the rate of five hundred dollars per amum. �.► IO'V SECTIOA 4: "o license to sell or dispose of intoxicating malt liquors shall be granted for less than one year nor more AMUY than one year, nor until after the filing of petition for such license, as hereinafter provided; provided, that if for any other cause than forfeiture of the license for violation of this 46 Ordinance as hereinafter provided, any licenseeshall cease to do business under the license granted pursuant to this Ordinance, the Town shall retain of the license fee only a pro rata proportion of the same from the time of the date of the license to the end cf the quarterly period in which such licenseeshall cease to do such busi- ness, and the excess above such proportion, less ten percent.,,oaid to the state, shall be paid to the licensee upon surrender oftbe license; provided, further, that the license fee aforesaid shall be paid annually in advance. p SECTIO-d 5: All applications for license to sell or dispose of intoxicating or malt liquors shall be by petition, signed by the �6' applicant and filed with the Cler'-, and the sane must be preseted to the Council and no license shall be granted until the meeting subsequent to that upon which said application was received. Said petition shall set forth the name in full of the person or persons applying therefor, the character of the license desired and the place where such license is tobe used, giving the exact location of said place, so that the same may be easily identified, the title such applicant has to such place and the length of time the appli- cant has been a resident of the Town of Edmonds. There shall be filed with said petition a Bond, running t)o the Town of Edmonds; in the penal sum of one thousand dollars, signed by the petitioner and no less than two sureties, .00nditioned that the applicant -for such license shall keep an orderly house and will not sell liquor,: to minors, and will fully comply with. the provisions of this Ordinance, and will pay all judgments re- covered against him for the violation of the same. It must appear by the affidavits of the sureties attached to said bond that they are householders in'and residents of the Town of Edmonds,and that theyeach are worth one thousand dollars over and above all debts and liabilities, exclusive of property exempt from execution, and that they are not themselves interested with the applicant in the business to be condq.eted under said license. There must be filed with the Town Clerk the receipt of the Town Treasurer for the full amount of the license fee for the term of one year before the is- suance of said license. 1 SE.CTIOA 6: The license permit to.sell intoxicating liquors under this Ordinance shall be substantially in the following form: TO WHOM IT MLY CO-UCERA: Know ye, by these presents, that the Town of Edmonds, Washing- ton, has licensed to sell by retail (or wholesale) in- toxicating liquors ere insert a description of the place as set out in the petition) for the period of one year, from the day of to that the said by the acceptance o as li,e�>e, ^fie pledged himself o comply fully with all the provisions of the Ordinance under which the license was granted and that the same is accepted subject to the conditions in said Ordinance provided. In witness whereof, the Clerk of said Town has hereunto Eet his hand and affixed the seal of said Town this day of at the Town of Edmonds, Washington. SECTIO- 7: The person to whom has been granted the license to sell intoxicating liquors under the provisions of this ordinance must keep said license posted in a conspicuous in the room or on the premises where said liquors are sold during the whole oft he time for which said license has been granted. SECTION 8: clothing in this Ordinance shall be construed to t�11 apply to any Pharmacist or druggist so as to prohibit him from dispensing any spir�tous, fermented or malt, or other intoxicating liquors, upon the written prescription of any regularly licenseU Physician; and nothing in this Ordinance shall be construed so as to make it unlawful for such Pharmacist ordruggist to sell pure Alcohol for scientific or mechanical purposes to any mechanic or scientist upon his written certificate, which must be filed with other prescriptions of said Pharmacist or druggist, which certifi- cate shall set forth that said alcohol is to be used for scientific or mechanical purposes; and provided, further, that nothing in this Ordinance shall be construed so as to make it unlawful for such Pharmacist or druggist to sell wine to any regularly ordained 47 clergyman or other Church officer' of any recognized religious denomination for sacramental purposes, upon the written certifi- cate of said Clergyman, which certificate shall set forth that said wine is to be used for sacramental purposes and no other. SECTION 9: Any 2harmaeist or druggist who shall sell or 04 afZ40 r dispose of any alcohol or spiritous, fermented or other intoxi- cating liquors for any purpose other than that provided for in this Ordinance, without having a license for the sale of such intoxicating liquors, shall be subject to the same penalties im- posed by this ordinance upon any other person for selling intoxi- cating liquors without a license. SECTI01V 10: B license to sell or dispose of intoxicating . liquors by wholesale shall not authorize the holder thereof to sell-4�Wt by retail, unless also licensed to sell said liquors by retail; a license to sell or dispose of intoxicating and malt liquors by retail shall not authorize the holder thereof to sell by wholesale unless also authorized to sell said liquors by wholesale. A license Apa-M to sell intoxicating liquors, authorizes the holder thereof to sell the same in the place only named in said license. License to se -a liquors as herein provided are not transferable. SECTION 11: On all applications for a license to sell intoxict -C"C"'V. ing or malt -liquors the record of the proceedings of the Council vte C shall be kept so as to show the affirmative and negative votes of 4 the members of the Council on such application. SECTIOB 12: Ngtwithstanding that an applicant for license to sell intoxicating,,or malt liquors may .have properly petitioned the;; e'grW Council for such license as herein provided, the Council in its discretion may refuse to grant the said license, if, in their opinion, the applicant is an unfit person to have such license,or the place where such license is to be used is a locality in which the sale of intoxicating liquors should not be allowed. SECTIOA 13: Any person selling or disposing of intoxicating, e II or malt liquors within the Town of Edmonds, without having been ,;,O `J licensed so to do according to the provisions of this Ordinance, shall be subject to a fine of not more than three hundred dollars or less than one hundred dollars, or to imprisonment not exceeding three months nor less than one month, or by both such fine ari imprisonment; provided, that no license shall be required for selling or disposing of at sholesale only,by the proprietor or pro-Y�7��'W prietors, lessee or Manager of any brewery, situated within the town, of malt liquors manufactured in such brewery. SECTI01i 14: "o lewd men, or women, or minors, or Indians sha 11h�,M be allowed to loiter in or remain about places where intoxicating yy sty or malt liquors are licensed to be sold. If any person licensed t45 1 sell intoxicating or malt liquors shall allow the persons forbid- den by this Section to loiter in or remain• about the places where intoxicating or malt liquors are sold, it shall be sufficient rounds for the revocation of such license. Any person authorized o sell intoxicating or malt liquors under this Ordinance, Who shall, by himself or agent, give or dispose of intoxicating ligi ors to any minor, intoxicated person or common drunkard, or Indian, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one hundred dollars for each offense, and the sureties on the Bond of such person shall be li-'r able on such Bond for all judgments recovered for violation of this Section. SECTIO-U 15: The Town Council may, in addition- to the penalty �L provided for herein for the violation of any of the provisions of ��W., this Ordinance, revoke the license granted therefor. Before such revocation, the person holding the license must be notified by the Clerk, at least five days before action thereon, that the Town Council has under consideration the proposed revocation of his license, and the notice shall state the cause therefor, and Yee shall be heard in Apposition to such revocation before action is taken thereon. Upon revoking the license the person holding the same must be notified in writing by the Clerk, and after such notification, the privilege,to sell under such license shall cease. 48 SECTIOZ 16: No place where intoxicating liquors are sold ac- cording to the provisions of this Ordinance shall be open to the public for the purpose of traffic in said liquors, either directly or indirectly, on the days of any general or special election held within the Town of Edmonds. The proprietor of any of the afore- said places who by himself or his agent shall violate this section shall be subject to a fine in the sum of one hundred dollars and the sureties on the Bond of such person shall be liable to the town on such Bond for all judgments recovered against him for the penalties under this section. J, �I SECTION 17: It is made the duty of the police officers of the own of Edmonds to report any violation of this Ordinance to the Justice of the Peace of said Town, and the Attorney of such Town; and it is made the duty of such Attorney to diligently prosecute all persons offending against this Ordinance. Any police officer knowing of the violation of this Ordinance and failing to inform against the violation thereof shall be removed from his office. Failure or neglect by the Attorney to such Town to discharge the duties imposed upon him shall be sufficient grounds for the removal of such officer. SECTION 18: Ito license shall be issued according to the pro- visions of this Ordinance, unless the Council shall have approved the Bond filed by the applicant thereof. Dasaed by the Gouneil this 19th day of July 1895. Attest: J.H.Dowd, Clerk. C.T.Roscoe, Mayor. The above Ordinance submitted to the City Attorney this 5th day of July, 1895. J.H.Dowd, Clerk. The above Ordinance having been submitted to me this fifth day of July, for examination, and having duly examined the same, I do hereby recommend that the same be passed. C.T Roscoe,Jr.,City Attorney. Town of Edmonds,ss I, J.H.Dowd, Clerk of the Town of Edmonds, in the State of Washington, do hereby certify that I. have compared the foregoing copy of Ordinance numbered 49, entitled,"An Ordinance regulating the traffic of intoxicating and malt liquors within the Town of Edmonds, with the original thereof as passed by the Council, and that the same is a full, true and correct copy of said Ordiran ce and of the whole thereof. I further certify that the same was published according to law in the weekly "Edmonds Eyre" on July 26, 1895. J.H.Dowd, Clerk.