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Ordinance 0009ORDINANCE NO . 9. �� 6t �" / An Ordinance governing the traffic in intoxicating and malt liquors within the town of Edmonds. Be it ordained by the Council of the Town of Edmonds: SECTION 1. That the words "intoxicating liquors" wherever Yjl&- G'4h used in this Ordinance, shall be taken to mean and include spirit- ous, vinous, fermented and malt liquor. The singular number shall include the plural and the masculine pronoun shall include the feminine. SECTION 2: License for the sale of intoxicating or malt C�71.i'zsfYG[ liquor, in quantities of more than one gallon, shall be known as a ..h �{ wholesale license. License for the sale of intoxicating or malt liquor in quantities of one gallon or a less quantity, shall be known as a retail license. SECTION 3: The license fee for the sale of intoxicating �'^ liquors by wholesale shall be at the rate of three hundred dollars-e per .year. The license for the sale of intoxicating liquors by retail shall be at the rate of five hundred dollars per year. The license fee for the sale of malt liquors only by whole- sale shall be at the rate of three hundred dollars per year. The license fee for the sale of malt liquors only by retail shell be at the rate of five hundred dollars per year. 10 sell or SECTION 4: No license toydispose of intoxicating or malt ge,&UA-eliquors shall be granted for less than one year, nor more than one year, nor until after the filing of the petition for such license as hereinafter provided; provided, that if,for any aother cause then forfeiture of the license for violation of this Ordinance, as hereinafter provided, any license shall ceaseto do business under a license granted pursuant to this Ordinance, the Town shall retain of the license fee only a pro rate proportion of the same for the time from the date of the license to the end of the quarterly period in which such license shall cease to closuch business, and the excess above such proportion, less ten percent paid to the state, shall be paid to the license upon surrender of the license; provided, further, that the license fee aforesaid shall be paid annually in advance. SECTION 5: "11 applications for license to sell or dispose ar-yxvj4,�f intoxicating or malt liquors shall be by petition, signed by he applicant and filed with the said clerk, and the same must be • presented to the Council, and be referred to a Committee before ' the granting of such license, and no license shall be granted un- T� I til thenext subsequent meeting of the Council after its reception of the petition therefor. Said petition shall set forth the name in full of the person or persons applying therefor, the character of the license desired, whether for wholesale or re- tail, of intoxicating liquors, or whether for the wholesale or re- tail of malt liquors only, the number of the wards, if any, and the place where said license is to be used, giving the exact.loca- tion of such place so that the same may be easily identified, the title the applicant has to sach place, whether he is the owner or lessee, and the time the applicant has been a resident of the town of Edmonds. SECTION 6: There shall be filed with the said petition a bond running to the Town of Edmonds in the penal sum of one P t thousand dollars signed by the petition and no less than two �] sureties, conditioned that the applicant for said license shall I 4"`P&m keep an orderly house and will not sell liquors to minors, and will fully comply with the provisions and requirements of this Ordinance, and will pay all judgments recovered against,him for any 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 they each are worth one thousand dollars over and above all debts and liabilities exclus- ive of property exempt from execution, and that they are not them- selves interestedm& the applicant in the business to be conduct- ed 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 as hereinafter provided, be- fore the issuance of the license permit. SECTION 7: The petition for license to sell intoxicating or %Ialt liquors shall be substantially in the following form: To the Mayor anal Council of the Town of Edmonds. n4T, 0-4 The undersigned petitioner who has been a resident of the Town of Edmonds, last past, requests a retail (or -wholesale) li- cense to sell intoxicati-ng liquors, (or malt liquors) in the Ward of said Town at (state the exact location of the place where the iicense,,.is to be-us6d to that.the same may be easily identified)_ for the period of one year from the day of. 18 to the day, of 18 1 am here (state whether"to-e applican -t6s Tke owner or lessee of the place where the liquors are to be sold, and, if lessee state the name of the owner or lessee and the period of the applicants'lease, and the nature thereof). Dated, EdLr_onds day of 1890. Petitioner Owner's or lessor's Permit. "To the Mayor and Town Council of Edmondsf I, the of the building and premises de- scribed in the foregoing petition, do hereby give my consent to the granting of a license petitioned for in said petition." In Witness whereof I have hereunto set my hand this day of 9 189 41 11 SECTION 8: The license permit to sell intoxicating ! liquors under this Ordinance shall be substantially in the I.fr�c following form: re CS To Whom It May concern: Snow Ye By These Presents That the Town of Edmonds, Wash- ington,,has licensed to sell by retail (or wholesale) in- toxicating (or malt) liquor at (here insert a description of the place and Ward, if any, as set out in the petition) for the period of one year from the day of 189 to the day of 189 ; that the sa`1 by rEe acceptance of-THIs license has pledged himself to comply fully with all the pro- visions of the Ordinance under which this license is granted and that the same is accepted subject to the conditions in said Ordinance, provided, I,,, Testimony Whereof the Clerk of said Town has hereunto set his hand and affixed the seal of said Town of Edmonds this day of 189_. Clerk of the Town of Edmonds. (Seal) The person to whom has been granted the license to sell in- toxicating or malt liquors or lager beer, under the provisions of this Ordinance, must keep the license permit posted up in a con- spicuous place in the room or on the premises where said liquors are sold during the whole of the time for which said license has been granted. SECTICI 9: Nothing in this Ordinance shall be construed toV� apply to ar�y Pharmacist or Druggist, s❑ as to prohibit him from, ��pp y�� or punish hi--- for, dispensing of any spiritous, fermented, malt � * 4r_ or other intoxicating liquors in good faith upon the written �� prescription of any reputable Physician, and nothing in this Ordinance shall make it unlawful for such Pharmacist or Druggist to sell pure Alcohol for scientific or mechanical purposes to a4v reputable mechanic or scientist, upon his written certificate, which must be filed with the other prescriptions of said Pharma- cist or Druggist, that said Alcohol is to be used for the scientif- ic or mechanical purposes specified in this certificate and for no other purpose, and nothing in this Ordinance shall make it unlaw- ful for any Pharmacist or Druggist to sell pure Grape Wine to any regularly ordained clergyman, or other church officers of ary recognized religious denomination for sacramental purposes; upon the written certificate of said clergyman or other church officer, which certificate must be filed with the other prescriptions of said Pharmacist or druggist, that said wine is to be used for sacramental and for no other purpose. who SECTION 10: Any Pharmacist or druggist,shall sell or dispose-�� of any alcohol or spiritous, fermented, malt'or other intoxica ing liquors for any purpose other than that provided in Section 9 , 0"J' c. of this Ordinance, without having a license for the sale of such intoxicating liquors, shall, upon conviction thereof in any court having jurisdiction thereof, be subject to the same fine and pen- alties imposed by this Ordinance upon any other person for selling intoxicating liquors without a license. SECTION 11: A license to sell and dispose of intoxicating 12,_f(J4 or malt liquors by wholesale shall not authorize the holder there- of to sell by retail unless also licensed to sell said liquors 1V retail. A license to sell and dispose of intoxicating or malt li- quors by retail shall not authorize the holder thereof to sell by wholesale unless also licensed to sell said liquors wholesale. A license to sell inroxicating liquors authorizes the holder thereof in the place only named in his permit spiritous, vinous, fermented and malt liquors. A license to sell malt liquors yrZte'f_ authorizes the holder thereof in the place only named in his li- cense permit to sell and dispose of malt liquors only. License permits are not transferable. 12 CD Cl� SECTION 12: On all applications for license to sell intoxi- cating or malt liquors, the record of the proceedings of the � Council shall be kept so as to show the affirmative or negative votes of the members of the Council on such application. e. u� SECTION l3: iotwithstanding that an applicant for license <7A to sell intoxicating or malt liquors may have properly petitioned the Council for such license as herein provided, the Council in u.w its discretion, may refuse to grant the license petitioned for, 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 lo- cality in which the sale of intoxicating or malt liquors shall not be allowed. SECTION 14: Any person selling or disposing of intoxicating or malt liquors within the town of Edmonds without being licensed so to do by said town, shall, for each offense, be subject to a fine of not more than three hundred dollars nor less than one hundred dollars or to imprisonment not exceeding three months nor less than one month, or by both such fine and imprisonment; pro- vided, that no license shall be required for selling or disposing of at wholesale only by the proprietor or proprietors, lessee or manager of any brewery situated within the town, of malt liquors manufactured in such brewery. SECTION 15: No lewd men or women, or minors or Indians shall be allowed to loiter in or remain about places where intoxicating or malt liquors are licensed to be sold. To allow the persons forbidden by this section to loiter in or remain about placed where intoxicating or malt liquors are licensed to be sold, shall /. be sufficient grounds for the revocation of such license. Any �f icenseeunder this Ordinance who shall by himself or agent, know- I/ingly sell, give or dispose of intoxicating liquors to any minor, intoxicated person or common drunk and/or Indian shall, for so doing, pay to the town of Edmonds the sum of one hundred dollars for each offense, the same to be recovered by civil action in the name of the town, and the sureties on the bond of such license shall be liable on such bond for all judgments recovered for the violation of this section. SECTIOU 16: For the violation of any of the provisions of Ordinance the town Council may, in addition to the penalty provided for, revoke the license granted heretofor or hereunder. `Before such revocation the person holding the license permit Bust be notified at least five days before action thereon, that the torn Council has under consideration the revocation of his license to sell intoxicating or -malt liquors and the cause there- for, and if he so desires he shall be heard in _opposition to said revocation before the said license is declared revoked. On declaring revoked the license to sell intoxicating liquors or malt liquor, the person holding the same must be notified in writing, and after such notification the privilege to sell under said license shall be at an end. h2e eco SECTION 17: Breweries, groceries, bEr rooms, saloons, houses and other places where intoxicating liquors, malt liquors or U ! lager beer are authorized to be sold under this Ordinance ❑r -e�G heretofore by said torn of Edmonds :must not be opened to the G7 Public for the purpose of traffic in such liquors either direct- ly or indirectly on the days of any general or special election. r P.L� held within the townox Edmonds. ^he proprietor of any of the a- foresaid places who, by himself or his agent shall violate this section, shall be subject to pay the sum of one hundred dollars as apenalty for so doing, the same to be recovered in a civil ac- tion in the name of said town, and the sureties on the bond of such proprietor shall be liable to the town on such bond for all judgments recovered against him Tor penalties under this action. SECTION 18: It is made the duty of the police officers of the Town 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 diligent- ly prosecute all persons offending against this Ordinance when the same is brought to his knowledge in any way. Any police officer knowing of the violation of this Ordinance and failing 13 to inform against the violation thereof, shall be removed from his office. Failure or neglect by the gt`orney of said Torn to discharge the duties imposed upon him by this Ordinance shall be sufficient grounds for the removal of said Attorney from his office. SECTION 19: The clerk of the Town shall prepare and have printed all necessary blanks under this Ordinance, and he shall furnish said blanks to persons petitioning for license under this Ordinance on demand. The Council must approve all bonds given under this Ordinance. SECTION 20: This Ordinance shall not affect the validity of V,& any license issued before the same goes into effect, but all li- censes issued prior to the time when this Ordinance goes into effect shall continue and be in force until the expiration of the term for which they were granted. But the holders of such li-� tense heretofor granted shall be amenable to all the provisions of this Ordinance and the Town Council may, at any time, revoke any of such licenses in accordance with the provisions of this Ordinance. SECTION 21: This Ordinance shall take effect and be in force_, from and after its passage, approval and publication. Passed by the Council of the Town of Edmonds the 20th day of October 1890. Approved by me the 20th day of October 1890. George Brackett, Mayor. Attest: Frank Asheraft, Clerk of the Town of Edmonds. Published the lst day of November, 1890.