Show AN ORDINANCE licensing and regulating the manufacture and sale of intoxicating liquor SEC 1 be it ordained by the city council of provo city that no person shall manufacture beell barter beal out or otherwise dispose of any spirituous vinous malt or other intoxicating liquors without first obtaining from the city council of provo cita a license as hereinafter provided SEC 2 A manufacturer as contemplated tem plated in this ordinance is one who manufactures any of the liquors mentioned in section one of this ordinance and who sells the same at wholesale as follows to wit it in kegs not less than two gallons if in bottles not less than one dozen provided that no liquors so sold either in kegs or bottles or otherwise shall bo drunk on the premises where manufactured A wholesale dealer as contemplated in this ordinance is one who sells or otherwise disposes of any of said liquors in any quantity not to be drunk on the premises where sold A retail dealer oin contemplated is one who sells 0 berwise disposes of any of mentioned in this ordinance in y quantity and by the glass or iram to be drunk on the premises or otherwise SEC 3 the city council of provo city is hereby authorized to grant licenses ag contemplated in section one of this ordinance to any person over the age of twenty one years upon an application being made for such license by petition signed by the applicant and filed with the city recorder said petition must state definitely the particular place at which any of the liquors named in section one of this ordinance are intended to be manufactured sold bartered dealt out or otherwise disposed of and whether ho intends to manufacture or carry on a retail or wholesale business before granting the applicant a license he shall execute a bond to provo city conditioned that during the continuance of his license he will keep an orderly and well regulated house that ho will not allow gambling with cards dice or any other device or implement used in gambling within hib house outhouse yard or other premises under his control that he will pay af damages fines and forfeitures fei tures which may be adjudged against him under any of the provisions of this ordinance said bond shall be in any sum not less than one hundred dollars nor more than one thousand dollars with two or more sureties neither of whom is engaged in the business of selling liquors to be approved by the mayor said sureties must justify on oath before some officer authorized to administer oaths that they are residents within the territory and worth the amount justified to over and above all thair debts and liabilities exclusive of property exempt from execution anch justification shall be in writing signed by the person justifying and certified to by the officer who administers the oath and attached to and filed with the bond SEC 4 the following rates are hereby established upon which licenses may be granted to applicants within thib city first license for a manufacturer per quarter 00 second license tor a wholesale dealer per quarter 00 third license for a retail dealer per quarter 00 provided that when any retail dealer shall take out a license for one year a reduction of shall be made the city council after the petition statement and bond have been filed as required in the preceding section shall determine the time for which the license shall be granted but no license shall be issued for a longer period chaa one year nor for a lesa period than throe months and all licenses for the same class of business shall be uniform in amount SEC 5 the applicant shall pay into the city treasury tho amount required for said license and upon re ceiling the treasurers Treasur ers receipt shall present the same to the city recorder Be corder who shall iesso to the applicant a certificate f license which certificate must state the name of the person licensed the place of business bu Biness the kind or kinds of liquors to be manufactured otherwise disposed of the date of commencement and expiration pi ration of said license whether it is for a retail or wholesale business that the person named therein is duly authorized co carry on the business of manufacturing selling bartering or otherwise disposing of intoxicating liquors at tho place and for the time specified therein and that the license is not transferable said certificate shall bo signed by the city recorder who shall seal the same with the seal of the city SEC G whenever any condition of said bond shall be broken a new bond shall be required by the city council and also in case of death insolvency or removal of either of the sureties and in any other contingency that the city council shall determine requires it it shall be unlawful for any person to sell any of the liquors mentioned in this ordinance after being notified by the city council or by its order to procure a new bond and until said bond shall have been executed approved and filed with the proper officer any who shall manufacture sell or otherwise dispose of any of said liquors without first having obtained a license or in violation of this section shall bo doomed guilty of an off enso and upon conviction thereof shall be fined in any sum less than one hundred dollars or be imprisoned not exceeding one hundred days or both fined and imprisoned SEC 7 any person licensed as herein provided and any person acting or assuming to act as his clerk agent servant or employee who shall give sell or otherwise dispose of any intoxicating drick or any of of the liquors mentioned in this ordinance di nance to any indian insane or idiotic person or to any minor apprentice or employee under twenty one years of ago or who shall permit any of baid persons to be and remain in his place of business where liquors are sold without the consent of the parents guardian or employer thereof shall be deemed guilty of an of fecso and upon conviction thereof shall be fined in any sum less than one hundred dollars or bo imprisoned not exceeding one hundred days or both fiand and imprisoned SEC 8 any person licensed as heroin provided and any person acting or assuming to act as his clerk agent servant or employee who shall give fiall or otherwise dispose of any of the liquors named in this ordinance to any intoxicated who shall knowingly otherwise dispose of any of bald liquors to any person in tho of etting intoxicated shall be guilty of r giggar gig gaj an luense and upon conviction thereof shall be fined in any sum less than one hundred dollars or be imprisoned not exceeding one hundred days or both fined and imprisoned SEC 9 every person licensed as herein provided and any person in charge of any such place licensed as aforesaid who shall permit the playing upon any musical instrument dancing drunkenness sleeping or lodging in the night time or any disorderly or boisterous conduct in his shop saloon or other place of bosi ness licensed for the sale of liquors shall be deemed guilty of an oa ense and upon conviction thereof shall bo fined in any sum less than one hundred dollars or be imprisoned not exceeding one hundred days or be both nned and imprisoned SEC 10 every person licensed as herein provided and any person act ing or assuming to ad as nis agent servant clerk or employee who shall give sell or otherwise dispose of any of the liquors mentioned in this ordinance or who shall carry on the business of giving selling or disposing of said liquors at any other place than that described in bis license or in any other room than tho front room upon the ground floor of his place of business where said liquors are to bo sold or otherwise disposed of shall bo deemed guilty of an offense and upon conviction thereof shall be fined in any sum less than ons hundred dollars or bo imprisoned not exceeding one hundred days or both fined and imprisoned SEC 11 every person licensed as herein provided and any person acting or assuming to act as his clerk agent servant or employee who shall give sell or otherwise dispose of any of the liquors mentioned inthis ordinance on the first day of the week commonly called sunday or on any election day either general or special for the election of either territorial rit orial county precinct municipal or district officers except school trustees or on any day upon which the mayor shall by proclamation forbid the giving away selling or otherwise disposing of any of said liquors or during any of the hours of any day after eleven p m and before five a m of the following day or who shall neglect and fail to close and keep closed his place of business where said liquors are sold during each and every of said days and after eleven p m and before five a m of every day as aforesaid shall be deemed guilty of an offense and upon conviction thereof shall be fined in any sum less than one hundred dollars or be imprisoned not exceeding one hundred days or both fined and imprisoned abo word closed in this section shall be construed to apply to the back door or any other avenue of ingress and egress as well as to the front door every person license as herein provided who shall keep or permit to be kept any billiard pool or card table pin alley or tenpin ten pin alley or table and ball alley in any room where liquors are sold or permitted to be sold under this ordinance and every person whether licensed or not under this ordinance who shall play at any game of billiards pool cards dice or any other game of chance in said where any of said liquors are sold is guilty of an offense and upon conviction thereof shall be fined in any sum less than ono hundred dollars or be imprisoned net exceeding one hundred days or both fined and imprisoned SEC 13 whenever any condition of the bond herein provided for shall be broken or any provision of this ordinance shall be violated the city council may by order or resolution declare the bond forfeited and the li canse revoked and any person licensed as aforesaid who shall give sell or otherwise dispose of any of said liquors after being duly notified by the city council or by its order that said bond has been forfeited and said license has been revoked shall be deemed guilty of an offense and upon conviction thereof shall bo fined in any sum less than one hundred dollars or be imprisoned riot exceeding one hundred days or both fined and imprisoned imprison od SEC 14 any person found intoxicated within the limits 0 provo shall be deemed guilty of an offense and upon conviction thereof shall be fined in any sum less than fifty dollars or be imprisoned not exceeding fifty days or both fined and boned SEC 15 an ordinance entitled an ordinance licensing and regulating the manufacture and sale of intoxicating liquors passed april and all ordinances conflict ing herewith are hereby repealed saving and excepting all rights and rights of action which have existed and may be existing under aad by virtue of any of said ordinances and the right to prosecute the same to final judgment and complete execution whether said actions or rights of actions be now pending in the courts or otherwise Pass edMay A D 1889 allson mayor of provo city attest J J PULLER city recorder TERRITORY OF UTAH 1 UTAH county ss CIT j I 1 J J fuller recorder in and for provo city utah county and territory of utah hereby certify that the foregoing is a full true and correct copy of an ordinance licensing and regulating the manufacture and sale of intoxicating liquors passed by the city council of provo city may A D 1889 in witness whereof I 1 have fotr hereunto affixed the corpor gg R ay day of may A D 1889 J J city recorder |