APPROVED

A3 TO FORM AND LEGALITY

INTRODUCED BY COUNCILMA

sistant

6448

ORDINANCE No

AN
THE

enr wrronN
r

l
i

CM S

ORDINANCE ADDING SECTION 05

11 TO
3
OAKLAND MUNICIPAL CODE PROHIBITING

SOLICITATION OF PURCHASES OF FOOD AND

DRINK AS DEFIi
1ED IN PLACES OF BUSINESS
dHERE THE

SAME

IS

TO

BE

CONSUMED ON

THE

AND DECLARING PENALTIES AGAINST

PERSON SO 60LICITING AND AGAINST OPERATOR
OF PLACE OF BUSINESS WHERE SOLICITATION

PREMISES

OCCURS

BE

IT ORDAINED
follows

Oakland

as

Oakland

Municipal

by

the

Council

of the

City

Section 05
1
11 is hereby
3
Code to read as follows

SECTION

of

added

to

the

SEC 05
FOOD AND DRINK ESTABLISH
11
3
ANNOYANCE OF CUSTOMERS PROHIBITED
SOLICITATION
MENTS
DEFINITIONS
It shall be unlawful in any place
PROHIBITED
of business where food or drink is sold to be consumed upon
the premises for any person who loafs or loiters about such
or

place

who

is

employed therein
of

to

beg

solicit

or

importune

in such establishment to
any patron
food
or
drink
article
of
for the one begging
purchase any
or
to
be
consumed
by any employee
soliciting or importuning
frequenter habitue or any vagrant or idle person about such
place and no person shall enter any such place or remain
customer

or

or

visitor

therein for the purpose of so begging soliciting or impor

tuning patrons customers or visitors therein to purchase
food

articles

of

controls

any

or

such

drink

Any person who awns manages or otherwise

place of business who himself begs solicits
permits or allows other persons to beg

importunes or
or importune
patrons customers or visitors thereof to
food or drink for himself for the ones begging
purchase
soliciting or importuning or for employees frequenters
habitues or any idle or vagrant persons about such place is
misdemeanor
guilty of
or

solicit

For

drink is hereby defined

I
which

contains

of alcohol

by

either alone
substances

nM

r
Z

to

purpose
mean

of this

section

the

word

alcoholic beverage
any non

half 1
one
2 of one per cent 10
and which is fit for beverage purposes
when diluted mixed or combined with other

less

volume
or

the

than

IN

19

COUNCIL OAKLAND CALIF

PASSED BY THE F

LOWING VOTE

A
ADING I
R
KEE
Mc
IC
MAGG

O
IALV
CH
AYES
AND

NOES

i HOULIHAN
PRESIDENT

ABSENT

e
ATTEST
YOR

flF

THE

CITY

OF OAKLAND

CALIF

ATTEST
CI

Y
OF

44Z 7
900
67 J

CLER
THE

AND

CITY

JERK
OF

OF

OAKLAND

CO
THE
NC II
CALIF

CITY OF OAKLAND
Office Letter
Inter

To

Council

Oakland City

From

Toothman

September 1

ntion

1961

Chief of Police

Subject

of

Because

club
that
to

hours breakfast
1961 of an after
it
has presented since
the police problem
local
legislation be enacted
imperative that

in

opening

the

establishment and
date it is deemed

protect

citizenry

our

April

from

This so
called breakfast
to 6
00 A
M and similar
of alcoholic

prices

orbitant

clubs

nuisances

public

hours resorts
after

from

00 A
2
M
their income

usually operates

which

derive

illegal acts ranging from prostitution illegal

beverages theft drunk rolling the charging

varied

from

such

noxious

for

drinks

alcoholic syrup
non

sales
of

the

on

ex

basis

of unfulfilled promises of sexual activities and the solicitation

and begging for drinks by employees
There are in effect State Statutes Section 25657 Business and
Professions Code and Section 303 Penal Code which can be invoked
sale alcoholic beverages but there is
against the license of on
a place
presently no regulatory measure which can be applied to
of business

which

then
o
ec3 sta

oes

o
es

se3
no

coho

nompertain

is

so

beverages Furthermore

ici

ions

for

alcoholic
non

products
Other

cities
with

plagued

properly
and

be

notably

this type
considered

immorality

proposed

to

our

of

such

drinks

The

and Los Angeles have been

breakfast club which can

hours
after

and

clip joints

above

establishments
to be

of

ordinance

consumed

Francisco

San

cities have
which

prohibits

to solicit

by

an

breeding places

enacted

legislation
and

employees
to purchase

customers

employee

habitue

of crime

or

similar

habitues
food

or

loiterer

of

this presently
Therefore in order to curtail the activities
a possible
rash of similarly
and
to
discourage
operating establishment
the
of
from
minded opportunists
invading
Oakland it is re
City
ordinance
be adopted by the
quested that the proposed controlling

City Council
Very truly yours

Toothman

CHIEF

gl
EMT
10
600

54
I

193

OF POLICE