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Ordinance 0281ORDIEMCE 16.281. AAn Ordinance providing for licensing and regulating of the traffic in intoxicating liquor within the City of Edmonds, provid- ing penalties fbr violation thereof, and repealing all Ordinances inconflict herewith., and declaring an emergency, The City Council of the City of Edmonds do ordain as follows: SECTI01 1: It shall be unlawful for any person to sell or in �ary manner dispose of or keep for sale intoxicating liquors in the City of Edmonds without first obtaining a license therefor in ac- cordance with the prdvisions of this Ordinance. �a ,*A ,,r " SECTION 2: License for the sale of intoxicating liquors in quartities of five gallons or more shall be known as a wholesale license, provided that a wholesale license shall also entitle the 153 owner thereof to conduct a family liquor store and to sell intoxi- cating liquors in bottles or packages containing any quantity less than five gallons, so long as no part of the same is consume& on the premises where sold. License for the sale of intoxicating li- quors in quantities of less than five gallons shall be known as a&,;�d retail license. License for the sale of intoxicating liquors in quantities of five gallons, more or less, shall be known as a wholesale and retail license. SECTION 3: The license fee for a retail license shall be /`� seven hundred fifty ($750.00) dollars per year. The license fee Y for a wholesale license shall be five hundred ($500.00) dollars per year, and the licer:se fee for a wholesale and retail license shall be one thousand ('1000.00) dollars per year. SECTIOrII 4: The r_=ber of retail licenses granted in the City, of Edmonds for the sale of intoxicating liquors shall not exceed more than one (1) for every five hundred inhabitants or major fraction thereof within the limits of the City of Edmonds, as shown by the last State of Federal census. Provided, however, that the �.dc provisions of this Section shall not apply in the case of first class hotels, having thirty-five (35) rooms or more, where hot meals are actually served at least three (3) times a day, every day in the week. SECTION 5: Do liquor license shall be granted either by �! ' original issue or transfer, to the following persors : Lam` Any keeper, proprietor or employe or a bawdy house, or ary owner agent or lessor of any building, premises or place where prostitution is conducted or permitted; any keeper, proprietor or:: employee of any gambling house, disorderly house or place resorted to for the purpose of smoking opium, or any place resorted to for gambling or prostitution, or visited by lewd women, or any place directly or indirectly connected therewith; or to any person not a citizen of the United States; or to any female person; or any per- son who has been convicted of a violation of this Ordinance or any Ordinance of the City of Edmonds relating to intoxieatiapg liquor, or any of the liquor laws of Way municipality, State or County, or any person who is not of good moral character, or any person who has been convicted of a felony, or to any person to sell at a place within four hundred (400) feet of a block -on which a public school house is situated, said distance to be measured by established Street lines. No retail liquor license shall be granted either by original issue or transfer, to any corporation or copartnership, or associa- tion of persons, but the same may be granted to an individual member or members of a firm or copartnership. Igo wholesale liquor license shall ever be granted to any cor- poration if any of its officers or stockholders are withit any of the prohibited classes mentioned it this Section. w � SECTION 6: Any person in whose Lame a Government license is issued for the sale of intoxicating liquor it the City of Edmonds shall be deemed to be engaged in the sale of intoxicating liquors in said pity, and said Government license shall -be conclusive evidence thereof within the meaning of this Ordinance. Provided, that this Section shall not apply to licensed druggists engaged in the retail drug business. SECTI0V 7: Any person desiring a license under the provisions of this Ordinance shall file with the City. Clerk in the City of Yn/a Edmonds his application in writing, which application shall state fV, eto'� by street and number the room where the proposed busiress is to be AW conductedg Said application shall contain under oath of the ap- Cv plicant a correct statement showing where the applicant has re- sided for five years last past and what business he has been en- gaged in for such period, and said applicant shall also further state under oath that during the term of said five years he has not violated the liquor laws of any municipality, State or County, and said applicant in said application shall also give references to at least two reputable citizens residing in each place where said applicant has resided during the said five years last past. L.dp� Said applicant shall further furnish to the City Council a certif- icate of at least two reputable citizens of any place other than the City of Edmonds where he has resided during said period of five years, and said citizen in order to be eligible to furnish such certificate must not in any way be connected with the traffic in intoxicating liquor, and such certificate must be to the effect that the person makirg the same is personally acquainted with the applicant and that his general reputation while residing in that community was good, and that he is a person of good moral charac- ter, and is not within any of the prohibited classes mentioned in Section 5 of this Ordinance. Any application for such liquor li- �,` UA cense shall be filed at least fifteen days before the Council can y� take any action upon the same and notice of such application shall be given to the public by the City Clerk at the expense of the ap- plicart by publishing notice thereof once a week for two consecu- tive weeks in the official City newspaper. It shall be lawful for any citizen of the City of Edmonds at any time within ten days after the publication of the first notice of the application for such liquor license to file a remonstrance ,,N�jin duplicate in writing with the City Clerk against the granting �' of such liquor license, which remonstrance shall contair_ a concise statement of the reasoxs why license should be refused. In case any such remonstrance is filed the City Clerk shall, within two days after the same is filed, mail to the applicant a copy of such remonstrance at the post office address given by said applicant in his application, and said applicant shall be allowed five days from the date of mailing of the said remonstrance to answer the same. Said answer shall be made in writing and filed with the City Clerk at least two days before the meeting of the Council at which the application for said license is to be considered. In cases where remonstrances are filed with the City Clerk, the City Council shall proceed to hear and determine the objections, acid the City Attorney shall personally atterd at such hearing, and shall conduct said ir:vestigatiors on behalf of the City Council, and the applicant pay also appear at the hearing by counsel, if he so desires. All applications for liquor licenses shall be accompanied by ' certified check on some bank in the City of Edmonds payable to the rVCity Treasurer of the City of Edmonds in the amount of the lice=se =ee for one year. If the lice=se is refused by the Council, the City Clerk shall return said certified check to the applicant. Applications for liquor licenses, or the transfer thereof, shall E be made upon blanks furnished by the City Clerk for that purpose, `r,a��same and all applications for the transfer of liquor licenses shall be heard only in the manner ari d after the giving of the notice, the as is required for the granting of original licenses, and the same proceedings in the case of remonstrance shall be had. A corporation desiring a wholesale liquor license shall file Fa application in writing and said application shall be sworn to 1'" its President, and attested by its Secretary, and shall state e..:OP he names of said stockholders and officers, and shall state that none of its stockholders or officers have ever been convicted of violating the liquor laws of any City, State or County, and shall state by street number the room where said business is to be con- ducted. Said application shall be accompanied by a check, as is required in case of other applications fot licerses. After filing said application the same proceeding shall be had thereon and with the same effect as in case of other applications for liquor licenses. If the application is approved by the Council, it shall issue a license to the applicant upon his paying the license fee therefor E� giving a Bond, as in this Ordirance provided. `L SECTIM, 8: It shall be unlawful for any person to engage in the occupation of bartender, or to engage in the business of wait-ing upon the customers or serving any of the customers of,ary li- censed liquor dealer in the City of Edmonds, without first having obtained a license therefor, and it shall be unlawful for any li- censed liquor dealer in the City or other person to serve his pa- trons with any intoxicating liquor unless the person so employed shall first obtain a license so to do. Any person desiring to ob- tair a license as bartender, or to wait upon and serve patrons of any licensed liquor dealer, shall file with the City Clerk applica- tion for such license. Said application shall conform in all re- spects to the applications required to be filed by a person desir- ing to secure licerses, as provided in this Ordinance. 355 The annual license fee for such license shall be ten dollars ($10.00)r. per year, and if such application is approved by the City Council � Q a license shall be issued to said applicant upon payment of said fee, and upon filing a surety Bond in the sum of one hundred ($100.00) dollars conditioned that he will faithfully comply with the provi- sions of this Ordinance. SECTIOT 9: Any licensed liquor dealer in the City of Edmonds eA who desires to change his place of business from one location to , another, shall file his application therefor with the City Clerk of 44rtll the City of Edmonds and thereupon notice of such application or transfer shall be given and the same proceedings had thereon as in the case of the granting of the original license. SECTIOr 10: so intoxicating liquors shall be sold or in any manner disposed of in the City of Edmonds between the hours of f1L eleven o'clock p.m. Saturday and six o'clock a.m. on the follo�ri ' Monday, nor between the hours of eleven o'clock p.m. and six, o'clock a.m., on other days of the week, nor during the voting hours of any City, County, State or national election day, and it shall be unlawful for any licensed liquor dealer during said hours to keep open or unlocked any door or doors, passageway to any saloon or bar room, or to permit any person not the owner or em- ployee therein to remain in or about the place where intoxicating liquor is sold or disposed of. SECTI01. 11: Vo licensed liquor dealer or persons having the Gov f management or control of a saloon or bar root, either as proprietor or employee thereof, shall, in such saloon or bar room, or room , or place connected therewith by any door or other opening, or used in connection therewith, permit any breach of the peace, or dis- turbance of the public order or decorum, or any noisy, riotous or disorderly conduct, or sell, or give, or permit to be sold or given any intoxicating liquor to any person already intoxieated,or to any person under age of legal majority, or permit or allow any minor to be or remain in or about any saloon or bar room under his management, supervision or control. jo person under the age of legal majority shall go into or remain in any bar room or saloon. It shall be unlawful for any person to cause, permit,suffer or allow any theatrical, minstrel show, exhibition, concert, musical, or entertainment to take place in any saloon or bar room. SECTION 12: No licensed liquor dealer of the City of Edmonds shall permit or suffer any female person to enter for the purpose of drinking or buying any intoxicating liquor, or remain or loiter for any purpose in or about any saloon, bar room, drinkirg shop or place where intoxicating liquors are kept for sale or sold at re- tail, or place in which intoxicating liquors are served, or in or about any room, box, booth, alcove, or place adjoining and connected in any way with such saloon, bar room, drinking shop or place where intoxicating liquors are kept for sale or sold at retail or served. Provided, that this Section shall not apply to any licensed liquor dealer who conducts a wholesale establishment, family liquor store, or place where intoxicating liquors are kept for sale and not to be drunk, and which shall not be drunk on the premises, and where such wholesale establishmgnt,.family liquor store or place is open Aoe to view and fronting upon,.public street, ard- entirely separated by wall or partition from and with no opening affording a view of ad- joining apartment, bar room, or place where intoxicating liquors are sold to be drunk on the premises, or which may be drunk on the premises not to any public dining room connected with a hotel which is licensed to sell liquor, or any open and public restaurant and which must contain at least four hundred (400) square feet of floor space, and in which there shall be no screens, boxes, alcoves,booths, stalls, high back seats, over three and one-half feet in height, or other obstruction of a complete view of the entire interior, or any part thereof. r--1/111) SECTIOE 13: No license shall ever be granted, or any renewalsr thereof, for any transfer of the place or license where such busi- t ness is conducted, except by majority vote of the City Council. SECTION 14: The power to grant or refuse any license to sell IL e�, or any manner dispose of intoxicating liquors in the Cityof Ed - monde shall be and remain vested in the Council, and nothing in 156 M, this Ordinance contained shall be construed to create any vested right in Uy person for the issuance, assignment, transfer, re- newal, reissue or continuance of such license, and the right and power shall be and remain at all times vested in the Council to vote to cancel any license whenever in its judgment the public interest demands such revocation. SECTION 15: It shall be unlawful to have any screen or boot- '� black stand, or other obstruction in front of any saloon and dur- el ing the times when saloons or bar rooms are required to be closed wader the provisions of this Ordinance; all screens and curtains shall be removed, so that any oerson upon the sidewalk may obtain a complete and unobstructed view of said saloon, and each and every part thereof. No closed boxes shall ever be permitted in any saloon. SECT101 16: Sothing it this Ordinance shall be construed to forbid or prevent the sale by a druggist or Pharmacist, without 'first obtaining a license as provided in this Ordinance, of intoxi- cating liquor upon prescription for medical purposes or for sacra- mental purposes, or of alcohol for medical, mechanical or chemical purposes only, and any such liquor so sold shall not be drunk upon the premises under any circumstances. Any druggist or Pharmacist selling liquor for the purposes above provided shall keep a true and exact record in a book provided by him for that purpose, in which book shall be entered at the time of the day sale of intoxi- cating liquor made by him to any person whatsoever,' date of the sale, the name of the Physician issuing the prescription therefor. This book and all prescriptions for intoxicating liquor filled shall be open for inspection by any of the authorities of said City. SECTIOYi 17: Eo Druggist within the City of Edmonds shall dis- ay any liquors at his place of business. SECTIOV, 18: It shall be unlawful for any person, whether he be Jlicensed liquor dealer, owner, manager, bartender or employee in or of any saloon or bar room to violate any of the provisions of ' this Ordinance, and any employer or employee shall be liable and shall be punished for any violation of this Ordinance. SECTIOr� 19: In all prosecutions of any violation of any of the provisions of this Ordinance common fame shall be competent evidence to prove that the premises are conducted in and known as a bawdy house, gambling house or opium joint. SECTION 20: If a husband, wife, father, mother, son or laugh - Ur, or the guardian of any person, or if the Police Judge of the City of Edmonds, or the 19arshal of said City, objects to any per- �, ons buying ur using intoxicating liquors,and such person is an ex- cessive user of intoxicating liquor, they shall so notify in writ- ing the City Clerk of the City of Edmonds, and such notice shall be accompanied by satisfactory proof that such person is an ex- cessive user of intoxicating liquor, and said Clerk shall at once trar_emit said rotice, with such proof, to the City Council and if said Council finds that said proof is satisfactory it shall notify the Clerk to furnish to each liquor dealer in the City of Edmonds the name of such persor or persons, together with the statement that they are forbidden to sell or give away to such person any intoxicating liquors and any liquor dealer or employee of any liquor dealer who shall thereafter sell or give to any such person intoxicating liquors shall be guilty of violating the provisions of this Ordinance. �'0 SECTION; 21; It shall be unlawful for any person to sell to or give any intoxicating liquor to the following persons: yl (a) All habitual drunkards who have been adjudged so by the order of any court of competent jurisdiction. �j (b) Persons ur_der the age of twenty-one years, or persons of unsound mind. (c) Persons to whom it is unlawful to sell liquor under the laws of the State of Washington. +. (d) Persons to whom liquor dealers are forbidden to sell or give intoxicating liquor in the manner provided in Section 20 of this Ordinance. c�'`i 157 SECTIOE 22: It shall be unlawful for any minor person to mis- repr@sbnt his age to any licensed liquor dealer or employee for the purpose of obtaining intoxicating Liquors, or_for any person to whom liquor dealers are forbidden to sell or -give intoxicating li- quors in the manner provided in Section 20 of this Ordinance, to purchase or to procure any person to purchase for him any intoxi- cating liquors from any licensed liquor dealer of the City of Ed- monds, and it shall be unlawful for any person to knowingly give or to sell to or to purchase for such persons any intoxicating li- quors. SECTIM 23: It shall be the duty of the City clerk to furnish GL each holder of a license hereunder, a copy o421 f the neapaper containp ing the official publication of this ordirance, which official pub 1 lication said holders shall paste upon card board ard pu'olicly dis- play in his bar room or saloon. SECTI01 24: From and after the passage of this 0rdirance it shall be unlawful for any licensed liquor dealer to execute to an.-�� other person powers of Attorney, grarting ary authority over ary J�. liquor license granted by the City Council under this Ordinance. SECTION 25: It shall be -unlawful for ary retail licensed er to permit any dumb waiter, stairway, or passageway therefrom leading from a saloon to a place where intoxicating liquors are sold, to rooms overhead or down stairs, for the purpose of serving or selling liquor therefrom. SECTI011, 26: r'o license for the sale of intoxicating liquor shall be granted until the applicant therefor shall give good and sufficient Bond, executed by some responsible surety company authorized to do business in the State of Washington, conditioned that the applicant shall keep an orderly house and will not sell liquors to minors, and will not violate any of the provisions of this Ordinance. Such Bond, before any license is issued, must be approved by the City Attorney and the City Council. Said Bond shall be payable to the City of Edmonds and both the principal and the surety of said Bond shall jointly and severally acknow- ledge that they are indebted to the City of Edmonds in the full sum of fifteen hundred (1500.00) dollars as liquidated damages for any violation of the conditions contained in the said Bond, and the City of Edmonds or any other person interested shall have the right to prosecute an action to recover the fmll sun of suh Bond in any court of competent jurisdiction, and it is hereby made the duty of the City Attorney to maintain an action for the re- covery upon any such Bonds, the terms of which have been violated in any particular. SECTI01; 27: The City .oancil of the City of Edmonds shall haves full authority and power to declare any license forfeited for the violation of any of the terms upon which it is granted, even though the party so offerdirg has not been convicted in any court for the violation of ary of the terms of such license. SECTIOT: 28: If there is a change of officers or stockholders it ary corporation holding a license urder this Ordinance, such corporation shall within ten days after such change file with the r City Clerk a complete list of its stockholders and officers. The �� City Council may cancel the license of ary corporation for failure to file such list withir the time required herein. If at ary time�� during the existence of a. license any officer or stockholder of such corporation is within any of the prohibited classes mertioned in Section 5 of this Ordinance, the douncil may cancel the license of such corporation. o SECTTOI; 29: ro licer_se for the sale of intoxicating liquor shall be granted for the basement or any other room other than on,r�� the first or ground floor of ary building it the City of Edmonds. . SECTIOM 30: Eo license shall be granted for the sale of intoxi- cating liquors unless the application for such license is accompanied by an irk drawing showing accurately the premises ir_ter_ded to be covered by such license and shoving all ertrarces to said remisesit � 158 and if the license is granted such license shall authorize the holder of said licensO to sell intoxicating liquors only on the y premises shown by said drawing. SECTIOU 31: Wherever the words "intoxicating liquor" are used in this Ordinance they shall be taken to mean and include spirituous, vinous, fermented, malt, and other intoxicating li- quors. SECTIOI 32: Any person violating any of the provisions of vhis Ordinance shall, upon conviction thereof, be punished by a fine of pot less than $75.00 nor more than $100.00, or by im- ��� risonment for not less than twenty-five days, nor more than hirty days, or by both such fine and imprisonment, and if the holder of any liquor license, or any of his employees, is convicted of violating any of the provisions of this Ordinance, for the first offense in addition to the fine or imprisonment, the court shall make an order closing said place of business for thirty days and certify the same to the City Marshal and thereupon the said Mar- shal shall direct the police officers to execute that part of the sentence "closing saia place of business for thirty days" and it shall be the duty of the City Attorney in all cases of conviction for the violatiox_- of the provisions of this Ordinance- where the judgment of the court has been that the place of business be closed for any length of time to furnish said City Marshal a certi- fied copy of said order or judgment. For a second violation of any of the provisions of this Ordi- ' ranee in addition to the fine or imprisonment provided above, if the Ordinance is violated by the holder of any license or by any qt of his employees, the court shall make an order closing said _lace of business for three months, thereupon the City Attorney shall furnish the City Marshal with a certified copy of said order and the City Marshal shall proceed as upon conviction for the first violation of this Ordinance. if any employee of any licensed dealer is convicted a second time for violating any of the pro- visions of this Ordinance, the license of said employee shall be thereupon revoked, and no other,license shall ever be granted to such employee in such capacity with any licensed liquor dealer. For the third violation of any of 'the provisions of this Or- r-f� dinance, in addition to the fine or imprisonment above provided, I if the Ordinance is violated by the holder of any license or any of his employees, the court shall make an order closing said place # f of business permanently erd earcelling and revoking said license, and thereupon the Cit Attorney shall furnish the City Marshal a certified copy of sucK order, and the City Marshal shall proceed to close said place of business permanently, and thereafter no license shall be granted to such person or persons for a period of two years. SECTION- 33: Ail Ordinances and parts of Ordinances in conflict herewith are hereby r0pealed. Passed thi's 16th day of December 1914. Oscar Grace, City Clerk. L.P.Arp,Mayor. First publication December 18, 1914 Last publication December 25,1914. I hereby certify that the above and foregoing is a, true and correct copy of Ordirorce Igo. 281 of the City of Edmonds, Mash. Oscar Grace, City Clerk.