The record-union., 1891-05-15
THIS is THE Law
Why IS 1t Not Enforced by the
trustees ?
AN Ordinance Which is Daily Violated
Enforce the Law and Regu-
late the Dives.

awe reproduce in full Ordinance No. 263,
passed by the Board of Trustees of the
city of Sacramento July ii, 1890, in order
that the people may get a correct idea of
the action of the present board in permit
ting license to issue to the notorious
dive known as the Rosebud without
petition or bond, and then refusing to
revoke the license when the matter was
brought squarely before it by Police Com
missioner Cravens, Captain of Police Lee
and others. To the credit of Mayor Com
stock be it said that he favored revoking
the license.
HERE IS THE LAW.
The Board of Trustees of the City Of
Sacramento do ordain as follows:
Section l. 1t shall be unlawful for any
person or persons to hereafter establish,
open, or conduct, or cause to be estab-
lished, opened, or conducted, any bar
room, public saloon, or other place where
wines, spirituous or malt liquors are sold
by the glass or bottle to be drank upon
the premises, or any theater, variety
show, dance-house or other place of
amusement in or on any public street
within the limits of the City of Sacra-
mentO. without permission first obtained
from the Board of Trustees of said city.
The application for such permission shall
be made in writing, which shall be in the
nature Of a petition to the Board of Trus-
tees, and the same shall be accompanied
by, and contain the names and signatures
of a majority Of the citizens residing in
the city, block or square in which said
bar-room, public saloon, dance-house,
theater, variety show or place of amuse-
ment is proposed to be opened or con-
Quoted. Provided, that all licenses in
full force at the time of the passage of
fl,NEs l. !.
to continue their business until the ex-
piration OF said license and no longer.
MUST FILE A PETITION.
Section 2. If, after due consideration o.
the same by the Board of Trustees. tho
petition be favorably acted upon, it shal,
be the duty Of the person or persons in
whose favor said petition was presented
and the prayer OF which was granted, be
FORE opening the said place, to file with
the Board of Trustees a good and suffi- 4
cient bond in such sum, not to exceed $500,
as may be fixed by said Board of Trustees.
binding himself or themselves to keep
and maintain quiet, orderly and decent
place SO long as he or they have manage
ment and control of the same. Such
bond shall be drawn as to bind the
asSlgnees Of the principals therein and
any transfer of the place Of business coy-
cred by said bond shall not affect in any
manner the liability of the sureties and
assignees of their place of business from
any Of the provisions of this ordinance.
NO SECOND PETITION FOR ONE YEAR.
Section 3. Every person whose bond is
forfeited because the place conducted by
him has been carried on in a diSorderly,
indecent and unlawful manner, as adj
judged in the manner hereinafter pro-
Vided or by legal proceedings in the
court, shall be barred from presenting an
other petition to the Board of Trustees as
mentioned in Section l of this ordinance,
for the period of one year from the date
of the order forfeiting said bond.
BONDS MUST BE FORFEITED.
Sections. A written complaint filed in
the office of the Board of Trustees of the
city of Sacramento, and signed by six or
more citizens, setting forth that any bar
room, public saloon, dance house, thea
ter, variety show or other place of amuse-
ment, maintained within the city limits,
IS conducted in other than a lawful or
Gerly, reputable and decent manner.
shall be the foundation for action by the
Board OF Trustees, concerning the place
designated and complained of in said
complaint. If after full investigation.
of which both sides shall have due notice
and the privilege of being represented by
counsel and producing and EXAMINING
witnesses, the Board ofTrustees finds the
allegations of the complaint to be true. it
shall make an order revoking the license
issued TO the person or persons owning
and conducting the place so complained
OF and shall declare the bond given by
such person or persons to be forfeited
The Clerk of the Board of Trustees shall
thereupOn give official notice of such ac-
ton to the Chief OF Police, whose duty it
shall be TO Immediately close up the
place complained of in the complaint filed
with the said Board of Trustees as afore-
said.
HOW COMPLAINTS MAY BE FILED.
Section s. A written complaint may be
filed with the Board of Trustees and
signed by SIX or more citizens, setting
forth that any bar-rOom, public saloon,
dance-house, theater, variety show or
any other place of amusement in exist
ence and maintained within the city linn
its at the time of the passage of this ordi-
nance Is conducted in an unlawful inde-
cent, disorderly, or disreputable manner,
ana the same proceeding shall be had and
the same action taken by the said Board
Of Trustees and the Chief of Police as
are provided in Section 4 of this ordi-
nance.
ADMITTING MINORS.
Section 6. It shall be unlawful for anv
person or persons owning, maintaining.
or conducting within the limits of the
city of Sacramento any bar-room, public
saloon or other place where wines, spirit
uous or malt liquors are sold by the
EAeASS Vi IOlIiS " bt uIdlh on ID0 prem
lses, TO allow or suffer any minor under
the age of eighteen years to visit or be-
come an inmate of any such bar-room.
public saloon or place unless such minor
"a accompanied by either of his or her
parents or both.
CITY ATTORNEY MUST PROSECUTE.
Section Z. The Board of Trustees at the
time of making an order revokinr n
license as provided in Section 4 of this
ordinance, shall cause notice thereof i'm
mediately TO be given TO the CITY Attor-
ney. 1t shall be the duty of the CITY At
torney, after due notice given to the
Dondsmen and their failure and refusal
to pay the amount due on said bond, to
institute proper proceedings to recover
Judgment on the same.
THE PENALTY.
Section s. Every person violating the
provisions OF this ordinance shall be
deemed guilty Of misdemeanor, and upon
conviction shall be fined not to exceed
$500 nor less than S20 or imprisonment in
the city prison for period of 100 days, or
by both such fine and Imprisonment
Section 9. All ordinances or parts of or
finances in conflict with this ordinance
are hereby repealed.
Section 10. This ordinance shall take
effect and be in force from and after its
passage and due publication.
w. ID. CoMSTOCK,
President of the Board of Trustees
Passed July II, 1890. by the following
vote: Ayes-Wolf and Comstock; no
Mclaughlin.
Il. Ii. MCKEE, Clerk.