Loading...
HomeMy WebLinkAboutORD 34 (1933)follows: ORDINANCE NO. 34 AN ORDINANCE OF THE CITY OF `.`USTIN, CALIFORNIA, DEFINING AND PROHIBITING THE SALE, MANJFACTII3E, TRANSPORTATION OR UNLAWFUL POSSESSION OF INTOXICATING LIQUOR DEFINING ALCOHOLIC BEVERAGES AND PROVIDING FOR THE ISSUANCE OF LICENSES TO ."HOSE TO WHOM LICENSES MAY OR DC ISSUE, AND PRESCRIBING REGULATIONS IN CON- NECTION THEREWITH: PROVIDING PENALTIES FOR THE VIOLATION THEREOF: AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE. The City Council of the City of 'Tustin do ordain as SECTION 1. "Definitions (a) "Intoxicating Liquor". When used in this Ordinance the phrase "intoxicating liquor" shall be construed to include alcohol, brandym whiskey, rum, gin, beer, ale, porter and wine, and in addition thereto any spiritous, vinous, malt, or fermented liquor, liquids and componds, whether medicated, proprietary, patented -or not, -and by whatever name called, containing more than three and two-tenths percentum of alcohol by weight which are fit for use for beverage purposes; providedthatthe fore- going -definition shall not extend to wine, nor to any beverage or liquor produced by process by which beer, ale, porter or wine is produced,, it it does not contain more than three and two-tenths percentum of alcohol by weight, and is made and transported as prescribed by lawscenaoted by"the Congress of the United States of America. (b) "Alcoholic Beverage or"beverage" means any beer, ale, wine or other brewed or, fermented drinks prepared for human consumption and containing not less than one-half of 1 per cent of alcohol by volume and not more than 3,2 per cent.of alcohol by weight. -1- Lo go" or "'original Package" means any con- tainer or fecGPtacle used for holding or containing alcoholic beverages, which container or receptacle is corked or sealed, by the manufacturer thereof; "Corked" oe "sealed" means closed with any I stub, stopper or cap, whether made of cork, wood, glass or metal. (d) "To sell" or "sale" means and includes any of the following:.T o exchange, barter, possess or traffic in; to solicit or receive an order for; to keep, Offer or expose for sale; to serve with meals; to deliver either with or without consideration,, to peddle; to possess with intent to sell; to possess or tramsport in contravention of this act; to . traffic in for.amy consideration promised or obito,,Aaed, directly or indirectly,, to transfer possosvj far any reason. dek Means' haturalrb6i7son',' pa'AnorihiP, aaao,oiat.ion, company, corporation, organization, or the manager, agent, servant, officer or employee of any of them. (1) "Real" mdansthat .,qual'it.y of .edkblo, f ood f of , such n6ta re, as is ordinarily consumed by an Individual at regular intervals for the purpose of sustenance and with a minimum value of ten cents. (9) "Alcoholic Beverage Dealer"* When used in this Ordinance, the phrase "alcoholic beverage dealer" shall be held to include any.perBon selling, offering for sale, or keeping with the intention of selling, either in bottles or other containers any alcoholic beverage as herein defined. (h) "Alcoholic Beverage Distributor", 1h,en used in this Ordinance, the phrase "alooholi a beverage distributor" shall be held to include any person not.otherwise licensed as an alcoholic beverage dealer, who delivers,. transports, or .conveys any alcoholic beverage, for which consideration has i been paid or will be paid, to any person within the city limits of the City of Tustin* For the purposes of this Ordinance, the -2- term "alcoholic beverage distributor" shall not be construed to apply 11 to any person who shall only deliver, transport, or convey alcoholic beverages to a duly licensed alcoholic beverage distributor. (i) "Alcoholic Beverage `Wholesaler". When used in this Ordinance, the phrase "aIlcoholis beverage wholesaler" shall, for the purpose of this Ordinance, be held to include and to apply to any person who shall only deliver, transport, or convey alcoholic beverages to a duly licensed alcoholic beverage dis- tributor, either from within or without the City of Tustin. (j) "on Sale -License". When used in this Ordinance, the phrase "on sale license" shall be condtrued to mean a license permitting holder to sell, offer for sale, or keep with the in- tention of selling, either in bottles or other containers, alcoholic beverages for consumption on or off the premises of the licensee. (k). "Off 3616 License". When used in this ordinance, the phrase "off sale license" shall be construed to mean a license permitting the holder to sell, offer for sale, or keep with the intention of selling, either in bottles or other con- tainers, alcoholic beverages, but will not permit the consumption thereof on the premises of the licensee. (1) "Alcoholic Beverage Distributor's license". When used in this Ordinance, the phrase "alcoholic beverage Distri- butor's license" shall be construed to mean a license permitting the holder'vthereof'to deliver, transport, or convey alcoholic beverages in original packages only, and in amounts of not less than half case or keg lots of beer and malt beverages, and not less than one gallon of wine or other alcoholic beverages'. for which a consideration has been paid or will be paid, to any person within the City Limits of the City of Tustin. (m) "Alcoholic Beverage Wholesaler's License", When used in this Ordinance, the phrase "alcoholic beverage wholesaler's license" shall be construed to" apply to any person -3- who shall only deliver, transport or convey alcoholic beverages either from within or without the city limits of the City of Tustin to a duly licensed alcoholic beverage dealer. SECTION 2. No person shall manufacture, sell, barter, transport, import, export, deliver, furnish or possess any intoxicating liquor except as authorized by this Ordinance, and all the provisions of this Ordinance shall be liberally con- strued to the end that the use of intoxicating liquor as a n beverage shall be prevented. SECTION 3. It shall be unlawful to have, possess, transport or manufacture any intoxicating liquor or, property designed for the manufacture of intoxicating liquor intended for use in violation of this Ordinance or which has .been souged, and no property rights shall exist in any such intoxicating liqour or property. A search warrant may issue in such a manneras may be provided by the laws of the United States of America or of the State of California applicable thereto; which laws are hereby referred to and by reference made a part thereof, and such intoxicating liqour, the containers thereof, and such property so seized, as hereby authorized, shall be subject to such disposition as the Court shall make thereof. If it is found that such intoxicating liquor or property was so unlaw- fully held, possessed, transported, or manufactured, or had been so unlawfully used,the intoxicating liquor and all property designed for the unlawful manufactureof intoxicating liquor shall be destroyed, unless the Court shall otherwise order. SECTION 4. Nothing in this Ordinance shall be held to limit the manufacture, sale transportation, possession or distribution of medicinal, sacramental, indurtrial, or any other intoxicating liquors, when such intoxicating liquors are manufactured, sold, transported, possessed or distributed in -4- 99 conformity with the provisions of Acts. of Congress or rules and regulationg of the United States Internal Revenue Department, under the authority of such Acts of Congress and of the Eighteenth Amendment to the Constitution of the United States of America. , 3AC'1IoN 5. Should the Congress of the united,States of America transfer any of the powers and duties, now exercised by the United States Internal Revenue Department, to the United. States Department of Justice or other department, then all refer- ence in this Ordinance to such powers and duties of, or regula- tions, rulings or permits issued bu the United States Department of internal Revenue shall apply tothe United States Department of Justice or such department to which Congress may transfer such powers and duties. SECTION 6. It shall be unlawful for any person to buy, sell, transport or deal in alcoholic beverages as defined herein without a license issued by the City Council of the City of Tustin. It shall be unlawful to engage in the business of peddling alcoholic beverages within the City of Tustin.'Eor the purpose of this Ordinance, the term "peddling".shall be. defined as going from house to house, pl,:ce to place, or in or along the streets, within the City of 'Tustin, taking orders for, or selling and making, either immediate delivery or delivery at a later date, or offering for sale and delivery, and alcoholic beverages to any person within the City of '2ustin, except that this section shall not be construed to prohibit a^merchant who is engaged in another regular line.of business, his agent, or employee, from taking voluntary and unsolicited orders ;for alcoholic beverages in the.due and regular course of his busi- ness. 13 SECTION 7. Any person desiring to enter into the business of an alcoholic beverage dealer or an alcoholic beverage distributor, or an alcoholic bev erage wholesaler, as defined herein, shall make application in writing for a license 13o to do, which shall conform to the requirements of this Ordinance and shall be on a form prepared and furnished by the City'of Tustin. Such application shall contain the following question- naire, which must be answered in full by the applicant and sworn to and acknowledged by the applicant before a Notary Public or before the City Clerk of said City. In the event said appli- cant is a firm or corporation, then said application shall be signed by the President and Secretary, or other duly authorized officers of said firm or corporation: (1) The name and residence of applicant. (2) The period during which the applicant has resided at the residence given (3) Whether or not applicant is a citizen of the United States. (4) Applicants place of birth and if a naturalized citizen, the time and place of naturalization. (5) Whether or not applicant has ever been charged with, or convicted of, a felong or misdemeanor, giving full details of any such charge or con- viotion. (6) Whether or not applicant desires to apply for an "On Sale"."Off Sale", "Alcoholic Beverage Distribatorls", or "Alcoholic Beverage Wholesa�ex's" license. (7) The addifeas of the establishment at which applicant proposes to transact business under said`,license ancta general description of the cis -8:" of improvements thereon. (8) Applicant shall be required to give at least three references, all of whom shall be a registered voter in thg City of Tustin, as to his character and reputation for law observance and his honesty;;iint,agrity and morality. Such application shall be filed by the applicant with the City Clerk.and-.shall be kept with said City Clerk as^.arpermanent record. If, upon investigs�.ion, tcA3hall be established that applicant has sworn to an untruth in his application, such act shall be deemed to be a violation of this Ordinance and applicant shall be subject to prosecution therefor. No license shall be issued under this 0 rdinance by said City Council to any applicant who has been convicted of a felony or whose reputation is, or past conduct has been, such that the City Council, in its discretion, does not believe applicant could maintain an establishment, if granted a license, with full observance of the provisions of this Ordinance, and the laws of the City, State, and of the United States of America. -6- an The City Council may prescribe such other provisions and requirements to said application for licenses as from time to time shall appear to them to be necessary or proper. An application fee of §5.00 shall accompany each appli- cation, the purpose of which application fee is to pay the cost of any investigation which the City Council shall see fit to make in regard to said application, and which application fee shall become the property of the City of 2ustin7, and root return- able to applicant regardless of the action taken upon said application. Upon receipt of an application for a license and the application fee, the City Council shall thoroughly investigate the application, either directly or through the City Police Department, or in•such manner as the City Council may from time to time prescribe, and deny the application if: (a) The applicant is not a fit and"suitable person to sell alcoholic beverages, in the judgment of the City Council; (b) The premises in respect to which the license Is to be issued does not comply with the provisions of the health and sanitation laws, the provisions of this ordinance, and the rules and regulations of the City Council (c) The premises and equipment, or the plans and specifications thereof in respect to which the license is to' be issued are not proper and suitable for public use; (d) The applicant has hada lecense'forfeited`or. revoked under the provisions of this ordinance. No license shall be granted to any applicant who fails to comply with the provisions of this section, and who has within one year prior to filing -his application violated any lsw -7- 145 concerning the manufacture, transportation, or sale of liquor, or committed a felong under the Laws of this State, the United States, or any State of the United States, T'he City Council may consider any objections or pro- tests to the issuance of lieeno.es;snd th6 Counoilt-may.gr&gt ,cr . refuse the license applied for if the applicant does not com- ply with the provisions of this Ordinance, or the rules and regulations made in pursuance thereto. SZCTIo& 8. Every license issuedunder this Ordinance shall set forth the name of thepersonto whom itisissued. If the license is issued under fictitious name such license shall set forth in addition to, said name, the: name or names of each of the persons conducting the business under the fictitious name. The license shall also, specify thelocationby street and number of the premises in respect to which, the license is issued. SECTION 9 "License Fees". (a) "On Sale License". For every person conducting or carrying, on the business of alcoholic beverages dealer,_ under an "on sale" license , as hereinabove defined, the license fee shall be the sum of $100,00 per year. (b) "Off Sale License". For, every person conducting or carrying on'the business of alcoholic beverage dealer, under an "off sale" license, as hereinabove defined and restricted, the license fee shall be the sum of 100.00 per year. (e) "Alcoholic Beverage Distributor's License". For every person conducting or carrying,on the business of alcoholic beverage distributor, under an "alcoholic beverage distributor's license", as hereinabove defined and restricted, the license fee shall be the sum of C200.00 per year. (d) "Alcoholic Beverage Wholesaler's License". For every person conducting or carrying on the business of alcoholic beverage wholesaler, under an "alcoholic beverage -8- wholesaler's license", as hereinabove defined and restricted, the license fee shall be the'sum of X200.00 per year. (e) No "On Sale", or "Off Sale" license shall be issued to any person carrying on an establishment_ within the city limits of the City of Tustin, or operating within the city limits of the City of Tustin, inder an "alcoholic beverage wholesaler's license." (£) The license fees payable under this Ordinance shall be payable annually on the First day of January of each year, and all licenses issued shall expire on the 31st day of December of each year, unless sooner cancelled or revoked as herein otherwise provided; provided, however, that the City Council may, at its option, grant and issue_ a_ license hereunder on any application presented to it for such limited period as the said City Council may in its discretion determine and prescribe; provided further with regard to applications made and licenses issued during any year, including the present year 1933, the year shall be divided into four quarters ending march 31st., June 30th; September 30th, and December 31st, respectively, and the licensee on any license applied for and- issued -during any quarter year shall not be required'to pay for any quarter year which has already ended, but shall pay in full for the quarter during -which said license is issued and the remaining ° quarters of said year. to -wit: a license issued during the quarter ending June 30th will require the payment of three-fourths of the annual license fee; and a license issued during the quarter ending September 30th will require the payment of one-half of the annual license fee; and a license Asued during the quarter ending December 31st will require the payment of one-fourth of the annual license fee, respectively. SECTION 10. Upon approval of a license application and payment of the prescribed fee, the City Clerk shall issue -9- IM a license in the name of the person granted same, .which license shall contain the name of the licensee, the number of the license, the location or place of business where such business is to be carried on., the date of issuance and the classification of said license. if the license is issued under a fictitious name said license shall set forth in addition to said name, the name or names of each of the persons conducting the business under the fictitious name. The City Clerk shall issue to each person to whom is issued an "Alcoholic Beverage Whol.esalervs" license, 07 'an "Alcoholic Beverage, wholesaler's" license, a numbered certificate or a numbered plate or metal tag, which certificate, plate or tag shall be placed conspicously on the vehicle in which transportation and delivery of any alcoholic beverage is to be made. it shall be unlawful to place any such certificate, plate of tag on a vehicle not used by the license in such.business, or to drive or operate a vehicle upon which a certificate or plate is placed in violation of this provision, or to drive or operate a vehicle engaged in any such business upon which no such certi- ficate, plate, or tag is placed. rrovided, further, that any person holding an "alcoholic beverage distributors" license, or an ,alcoholic beverage wholesaler's" license under this ordinance shall not permit any such tagged vehicle to remain in or upon, or to permanently occupy any one place upon the public streets, alleys or public places, and shall only have the right under such license to travel along in the usual and customary manner, stopping only long enough to make deliveries. It shall be deemed a violation of this Ordinance for any holder of "alcoholic beverage distri- butor's" license, or "alcoholic beverage wholesaler's" license, to do a "peddling" business as defined in this Ordinance. -10- SECTION 11. "Closing Hours (a) No alcoholic beverage shall be sold, dispensed or offered for sale in any place of business operating under an "on sale" license, or under an "off sale" license, except between the hours of 7 A. M. and 11 P. M. (b) No alcoholic beverage shall be sold, dispensed, or offered for sale in any place of business operating under an "alcoholic beverage distributor's" license, or under an "alcoholic beverage wholesaler's" license, on Sundays, or,except between the hours of 7 A. M. and 9 P. M. on Saturdays, or except between the hours of 7 A. M. and 7 P. M. on any other day. SEuTION 12. No person holding an "on sale" license shall be permitted to do or maintain a street curb business, nor to serve alcoholic beverages to any person in any automobile or other vehicle. 6ECTiuN 13. Each licensee, under this ordinance, shall be personally responsible for the proper operation of the busi- ness which he may be licensed to conduct hereunder, and for the observance of all laws and ordinances applicablethereto by anyone engaged in or connected with said business. No license issued under this Ordinance shall be assigned or transferred to any other person, nor shall -any such license authorize any person other than the licensee named therein to do business or act under such license. Any licensee who shall permit a violation of the City Ordinances of ITustin, or State Laws of California, or of the Lavas of the United States of America within his licensed estab- lishment shall be subject to 'having his license suspended or permanently revoked by the City Council. SECTION 14. Every person having a license under the provisions of this ordinance shall keep such license posted and exhibited while in force in some conspicuous part of said -11- o Place of business. Every person holding a license issued under the proviaions of•this Ordinance shall produce and exhibit the ^, same when applying for a renewal thereof, and whenever required to do so by any police officer or by any officer authorized to issue, inspect or collect licenses. SECTION 15. "Special Restrictions Applying Tp On Sale Licenses". (a) "On Sale" licenses may be issued only to cafes and restaurants doing a bona fide cafe or restaurant business, and to Clubs,, and, under no circumstances, amy be issued to drug stores, groceries, confectionery stores, butcher shops, cigar stands, markets, dance halls, pool halls, theatres, lunch wagons, street stands, or other businesses which may operate a light lunch, soda fountain, cold drick stand or eating place in con - Junction with such other business. (b) No "On Sale" license shall be issued to any establishment within three hundred feet of any Public School Grounds, Church Grounds, or City Park Grounds. (c) No "On Sale" license shall be issued to any Club except a bona fide Club or Organization which has had and main- tained Club Rooms in the City of Austin for at least one year prior to application for license, and then only in the dis- cretion of the City Council. (d) No alcoholic beverages shall be sold, dispensed, or served in a place doing business under an "'on Sale" license, for consumption on the premises of license, except with the pur- chase of a bona fide meal, as meal is hereinbefore defined. (e,) No alcoholic beverages shall be served for con- sumption in any of'bus.iness operating under an "on sale" license, except to patrons who are seated either at lunch counter or tables on which meals are served. -12- (f) All booths shall be kept open on one.side'facing the customary,passage-way passing the front thereof. (g) Providing that the preceding sub -section (f) of this section shall not apply to private dining -rooms seating not less than eight _ persons when used to serve Clubs, Lodges, or other Organizations, or when used to serve private parties consisting of not less than eight persons at a time when meals costing not less than thirty-five cents each shall be served to the members or individuals occupying said dining room. SECTION 16. No brewer, manufacturer, producer, whole- saler or dist-ributor of alcoholic beverages, nor any person who owns any interest in any such business shall have a direct or indirect interest in the business of any "on sale" or "off sale" licensee; nor shall any such person.or persons own or lease the premises in respect to which a license is,.issued; nor shall any such persons or person endorse, guarantee or stand surety for a lease or any other obligation of any "on sale", or "off sale" licensee hereunder. SECTION 16. No brewer, manufacturer, producer, whole- saler, or distributor of alcoholic beverages shall sell any such beverages to any person for retail sale other than to a person holding a valid, unrevoked license under the provisions of this Ordinance. SECTION 18. No person or licensee hereunder shall sell hlcoholic beverages to any ,person under the age of nineteen years, years and no person under the age of nineteen shall be employed ii any establishment operating under an "on sale" license,, "alcoholic beverage distributor's license, or an "alcoholic beverage wholesaler's" license, or shall be permitted to handle or sell alcoholic beverages in any establishment operating under an "off sale" license. -1,3- SECTION 19. Each licensee shall on or before the tenth day of each month file a verified report with the City Council -in such form as Maybe prescribed by the, City Council. Said report shall indicate the quantity and,type of alcoholic befrerages.sold during the next preceding month. $EATION 2O No person shall sell alcoholic beverages by retail or to the public without holding a valid, unrevoked license issued bu the City, Council. SECTION 21. No alcoholic beverages shall be sold except by a license in accordance with the provisions of this Ordiance, and no person shall transfer or attempt to transfer any license issued hereunder. SECTION 22. The City Council may upon its own motion, and shall upon the verified complaint in writing of any person, investigate the action of any, licensee and shall have power to temporarily•auspend or permanently revoke<a license issued here- under for any of the following acts or omissions; (a) Misrepresentation of a material fact by the applicant in obtaining a license; , (-b) I£ the license violatesorcauses or permits to be violated any of the provisions,_o£ this Ordinance or any of the rules and regulations of the City Council; (c) IP the lieenseeecommits any act, which under Section Seven of this Ordinance, will be sufficient ground for denial for application of license, SECTION 23, Prior to the revocation or suspension os any license by the.City Council ten, days' notice shall be given to the licensee by personal service, or by registered mail directed to the licensee at his latest address of record. Licenses shall be suspended or revoked by the City Council only upon notice as provided herein and upon.a hearing at which the licenses may attend and show cause why his license should not be revoked. -14- •Y 152 UCTION 24, "Signs". (a) No signs bearing the words "liquor", "bar", or "saloon" may be displayed 'inside, outside, or about thepremises of any licenseehereunder. (b) There shall not .be more than one sign advertising the sale of alcoholic beverages on the place of business of any licensee'under,this Ordinance, and when 'displayed on a board or otherwise, such sign shall be set parellel to the building and not extending"into -the street, and shall be in size not exceeding twelve inches by thirty-six incles, and the letters thereon shall be not to exceed six inches in height. (o) Signs advertising or relating to the sale of alcoholic beverages when painted or lettered upon the glass window of the place of business of any licensee hereunder shall occupy a total space not to exceed twelve inches by twenty-four inches, and the letter -O used thereon shall be not to exceed four inches in height. SECTION 25»' It shall be unlawful for any person to drink alcoholic beverages upon any vacant lot, or uponthepublic streets or sidewalks of the City of Tustin, or- upon any public ;school, church, or city park grounds.'. SECTION 26. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeaner, and upon conviation thereof shall be punishable by 'a fine of not more> than Three Hundred ($300.00) or by imprisonment in the city jail or in the County jail of the County of Orange for a period of'Mot more than three (3) months, or by both such fine and imprisonment,. Every such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of ,any proviaion of this ordinance is committed, continued, or per- mitted by such person, and shall be punishable therefor -as provid- ed by this Ordinance. SECTION 27. If any section, sub -section, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such sdecision shall not affect the �z8c) valifity of the remainin g,portions,.o.-0 this Ordi.ance...The City Council ofthe City of Tustin hereby_.declares.that it wouldhave passed this Ordinance, and each section, sub -section, sentence, clause, or Phrase irrespective of the fact that any oneor more of the sections, sub -sections, sentences, clauses, or phrases be declared invalid or unconstitutional. SECTION 28. This Ordinance is introduced and passed both for the purpose of regulation, and for the purpose of revenue. SECTION 29. The proviaions of this Ordinance shall become operative and applicable, and shall be administered only upon the occurrance of the event or events, under the circum- stances, and to the extent authorized or prescribed by the laws of the United States, and of the'State of California, SECTION 30. All Ordinances or parts of Ordinances of the City of Tustin in conflict with the provisions of this Ordinance are hereby repealed. SECTION 31. In view of the modification by federal enactment of the definition of an intoxicating liquor to permit the possession, use and sale.of beverages containing not more than three and twp-tenths percentum of alcohol by weight and of the repeal of the Wright Act of the State of California and of the uncertainty concerning the present status of local laws governing the use and.sale of alcoholic and intoxicating liquors and for the purpose of definitely prescribing the duties of police officers in connection withthe enforcement of laws regulating alcoholic liquor and for other, good and sufficient cause, the immediate passage of this Ordinance is declared to be necessary as an emergency measure for the preservation of the public pease, health and safety. - SECTION 32. The City Clerk shall certify to the Passage and adoption of this Ordinance by a four-fifths vote -16- of the City Council and cause the same, to be published once in the Tustin News, a newspaper of general circulation, printed, published and circulated within the City of ^fustin, and thence- forth and thereafter the same shall be in full force and effect. Adopted and approved this 12th day of April, 1933- A. k4te t�ay%r w�. i y Tustin AT'EST: ���_ � � ieler� (SLAL) State of California, ' County of Orange, ' ss. City of Tustin. ) I,City Clerk of the City of Tustin do hereby certify that the whole number of members of the City Council of the City of Tustin, is five, and that the said Ordinance was passed by the City Council of the City of Tustin more than five days after its introduction and first reading by a four-fifths vote of the'memh"ers thereof, there being five members present at its adjourned regular meeting held on the 12th day of April, 1933, by the following vote,`to-wit: AYES: councilmen: Pieper Logan, Schwendemen and Kiser. _NoNS, Councilmen: None ABSENT, Councilmen: None �cl -^= � . City Cler o£ the City of Tustin.. -17-