Chapter 8.32 — MEAT SALES INITIATIVE ORDINANCE

The following initiative ordinance was approved by the qualified electors of this City at an election held on the fourth day of May, 1937, as required by Ordinance No. C-1491. The placing of this initiative ordinance in this municipal code shall not be construed as altering, amending, or repealing the ordinance. Any violation of the provisions of the initiative ordinance shall not be deemed to be a violation of any of the provisions of this municipal code, but shall be deemed to be a violation of the initiative ordinance and punishable as provided in the initiative ordinance.

  An ordinance amending Section 27 of Ordinance No. 35 (new series); repealing Section 1 of Ordinance No. 711 (new series), Ordinances of the City of Long Beach, and repealing all other ordinances and parts of ordinances in conflict herewith.

  The City Council of the City of Long Beach ordains as follows:

  SECTION 1—Definitions—The following terms used in this ordinance, shall have the significance attached to them in this Section unless otherwise clearly apparent from the context:

  (a) Inspector—The term "Inspector" shall be deemed and considered to mean and include the Health Officer of the City of Long Beach and any of his subordinates by him detailed as meat inspectors of the Health Department; provided, however, that any inspector, except the Health Officer himself, must be approved by the Health Department of the State of California or other appropriate State Department and must fully qualify himself under the Civil Service regulations of the City of Long Beach.

  (b) Meat—The term "Meat" shall be deemed and construed to mean and include all animal flesh, carcasses and parts thereof, and meat food products as defined by the California Meat Inspection Regulation, designed and intended for human consumption or sold and disposed of as human food, including fish, game and rabbits.

  (c) Person—The word "Person" shall mean and include both the singular and plural and shall also mean and include all natural persons, firms, associations, clubs, co-partnerships, corporations and all associations or combination of persons, whether acting by themselves or by a servant, agent or employee.

  (d) Sale Etc.—The terms "Sale," "Sell," "Offer to Sell" or "Offer for Sale" shall include every contract of sale or disposition of, attempt or offer to dispose of, or solicitation of an offer to buy.

  (e) Wholesale Meat Dealer—The phrase "Wholesale Meat Dealer" shall be deemed and construed to mean and include any person, other than the owner and holder of a wholesale meat market license, who sells or disposes of meats and meat food products at wholesale, to customers for the purpose of resale at retail or wholesale or the preparation, cooking or processing thereof for human consumption.

  (f) Wholesale Meat Market—The phrase "Wholesale Meat Market" shall be deemed and construed to mean and include all premises, buildings, and/or parts thereof used for the preparation and display for sale, or for the sale or disposal of meats and meat food products, at wholesale, to customers for resale, or to

restaurants, cafes and others for curing, processing, cooking or otherwise preparing for food. The conduct of a wholesale meat market shall include deliveries therefrom of orders previously received.

  Sec. 3—It shall be unlawful to apply, affix, or attach to any meats or meat food products, any mark, tag, stamp, or insignia indicating the grade or quality of the meats or meat food products that the same are inspected meats or meat food products within the meaning of this ordinance unless the same has actually been inspected and the stamp affixed thereto by proper authority.

  It shall be unlawful for any person to advertise, offer for sale, or cause or knowingly permit the advertising, offering for sale or selling of any meat, except shanks, offal, heads, plucks and wild game other than by weight, determined on a scale by weight or beam, properly sealed by the Department of Weights and Measures.

  Sec. 5—Section 1 of Ordinance No. 711 (new series), ordinances of the City of Long Beach, and all other ordinances and parts of ordinances in conflict herewith, are hereby repealed.

  Sec. 6—If any section, sub-section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Long Beach hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one (1) or more other sections, sub-sections, sentences, clauses or phrases be declared invalid or unconstitutional.

  Sec. 7—Every person violating any of the provisions of this ordinance or doing any act or thing herein declared to be unlawful shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than fifty dollars ($50.00), nor more than two hundred dollars ($200.00), or by imprisonment in the City Prison for not more than six (6) months, or by both such fine and imprisonment.

  Sec. 8—The City Clerk shall certify to the passage of this ordinance by the City Council of the City of Long Beach and cause the same to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect thirty (30) days after its final passage.

Note: Section 2, including Subsection (h) thereof, of Ordinance 35 (N. S.), as amended by initiative ordinance adopted on May 4, 1937, pursuant to Ordinance No. C-1491, was repealed by the people at an election held on June 5, 1951, pursuant to Ordinance No. C-3037. The initiative ordinance did not contain a Section 4 at the time of its adoption.

(Prior code § 5550)