Show q NEW BILLS IN SENATE AND I BEAMING ING ON LIQUOR QUESTION Q NOW THE PARAMOUNT ISSUE Porter of Morgan Presents Measure in Lower Branch and a I of Weber in Upper Joseph JOeph N 0 Porter representative fron Morgan lorgan county yesterday Introduced d In the house hot hou bill No 76 It relates to the prohibition of It the tho liquor traffic Mr tr Porter at the beginning of ot the session presented house houfe bill Xo No 6 relating to the same subject This he withdrew The bill Introduced by him yesterday Is 18 an enlarged substitute for tor No 6 and furthermore covers a large part of the field covered by b Cannons bill No Xo 37 31 The Porter bill bH provides restrictions on the serving of intoxicating Into liquors by wholesale or retail druggists The wholesale druggist must mus keep a record 1 of ot all alt tales sales Including the name and character of ot liquor sold open 0 pen to PUNIC f Inspection Every retail druggist druggis It Ii permitted to sell soil only on a physicians prescription The must cert fy 1 that the liquor is necessary to the j I i health of ot his patient A penalty is pro vIded for false certification Prea are to be kept by the druggist for tor three years oars and open at all times to public inspection Should a It physician issue Ssu a prescription pr for intoxicating liquor other than for tor medical purposes I cancelled his license to practice medicine shall be All Alt sales of intoxicating liquor for tor other than medicinal mechanical or sacramental purposes PUt and all trans of liquor from one point to another are declared to be unlawful The bill provides that the act shall be effective January 1 I 1910 1610 An act to prohibit the manufacture sale or otherwise disposing of intoxicating liquors and providing ro g penalties for viola thereof and constituting fines Im fm posed a lien upon the premises where hero In liquors were vere sold and nd repealing title 39 3 Compiled COmplied LAWS of Utah 1907 and subdivision 41 of section 6 Compiled Complied Laws of Itah Be It enacted en by the legislature of or the state of Utah Section 1 That it shall be unlawful for any an person to manufacture sell barter deal out or otherwise dispose oft oa any an in liquor within the state of at Ut h except as in this act permitted Section 2 It shall be lawful for tor whole sale druggists to sell in wholesale quan titles only intoxicating liquors to regular iy ly licensed retail druggists pr pI to hospitals or medical or scientific schools school or col coi leges Every Ever wholesale druggist shall keep a record in a register specially kept for that purpose of every sale aale of or cating eating liquor showing the name of the purchaser and nd the quantity and kind of liquor sold which record shall be open to public Inspection Section 3 The sale of wood or 01 denatured alcohol for mechanical scientific or art purposes shall hall pot flat be a violation of this act Section 4 The sale by a regularly li JI censed druggist of at a prescription for med mcd ical leal purposes compounded upon the pre pro of a regularly regular licensed physician one or all of the Ingredients of ot which is composed of f Intoxicating In o l liquor shall not I oe DC a violation or of thIs mis act Every physician issuing a prescription for Intoxicating If li liquor quor must state thereon the hour and date datI Of Issuance and certify on such suh Ion that the health of the person to whom the prescription Is Issued will be pro by the particular kind of liquor pre scribed Not more than one quart may be sold gold on one prescription Any An ny physician ph falsely certifying shall be guilty of a mis ml s demeanor Section 5 Ii No Xo prescription for t InS ing liquor shall shaJi be filled more than then forty eight hours after its Issuance It Shall be the duty of every even druggist filling pre prescriptions prescriptions for tor Intoxicating liquors to file me every such Buch prescription in a book special ly Iy kept for tor such sll h prescriptions Such pre pro prescriptions prescription proscriptions shall be kept by such druggist for a period of or three years ears and shall be open to public inspection at all nil times r Section 6 It shall be unlawful for any an licensed druggist to sell eU intoxicating li il liquor quor upon the prescription of a practicing physician unless such liquor has been bern pre previously Inspected In bv by b a regular inspector of the States government Only for Medicinal Purposes Section 7 It shall be unlawful for any person to from a physician a pre pro prescription prescription proscription for intoxicating liquor with ith th thc intent to procure Intoxicating liquor for other than medical purposes and the fact that the person obtaining such su h tion LIon became intoxicated thereon shall be prima facie fade evidence that such tion was obtained with such auch intent Section S So It shall hall be unlawful unla tul for any physician to Issue a R prescription for in intoxicating liquor with intent to aid any an person to procure intoxicating liquor to be tx used for any an other than medical purposes Any physician found guilty of oC violating the provisions of this section shall In ad I to the penalty hereinafter be prohibited from practicing medicine within this state and it shall be the lbs duty of the ourt before whom the trial ia s a had to decree a cancellation or revocation of the physicians license or certificate and andeel eel the same sam to the secretary of the th state board of medical examiners and thereupon the secretary of said board and the county recorder shall perform the du duties duties duties ties in relation to such as a re cc required required by b section ITS Ii of the Compiled Complied Laws Lavos of or nab 1997 I L Section 9 It shall be unlawful for any person pern to permit the sale or otherwise posing of any an intoxicating liquor upon u on premises owned by b him Section 10 When the person actually selling or otherwise disposing of Intoxicating cating eating liquor In violation of any provision of thiS act is employed for tor that purpose by b any an other person the person selling and the person employing are both equally equal guilty and may mav be informed against and tried jointly or separately I Section 11 II It shall be unlawful for any person to solicit he sale of any IntoxicatIng Intoxicating ing liquor either In person or by sign Ign IgnI circular letter leUer card price pric e list or other otherwise oth otherwise er erm wise m I Section 12 I It shall be unlawful for any person who publishes a newspaper mag magazine azine or periodical to publish therein or in connection therewith or circulate any ad advertisement advertisement of Intoxicating liquor Sec IS It shall shan be unlawful for any ens per person I son Ion to receive transport carry carT or deliver any intoxicating liquor the sale of or which Is 15 prohibited by b this act from one point to another in this tills state 4 Public Nuisance NuisanceS Sec S 14 HEery Every place where Intoxicating liquor is manufactured sold or otherwise disposed of in violation of or any an provision of at this act Is hereby declared to be a public nuisance and shall be abated in the man manner manner ner ncr provided by b law for the abatement of public nuisances If the owner of any such Buch placa place shall have hae procured a United States internal revenue special tax tar stamp or a certificate of payment of ot the revenue special tax for the th manufacture manura wre ture or sale of intoxicating aUng liquors at such place such fact shall shan be prima facie fade evidence of the manufacture or sale saJe of intoxicating liquor at such place A certified copy COP of f the ap an application application for any such auth revenue stamp or of the certificate of at payment of revenue r venue special tax certificate by the States Internal revenue collector shall be compe competent competent competent tent evidence of ot such facts Sec See 15 l Any person violating any pro provision provision vision of this act shall shan be guilty of a 8 mis demeanor and upon conviction coni thereof shalbe punished ed for tor or the by a fine Zinc of not less than 00 nor more than J j i i I JOSEPH N PORTER Morgan County I I E T Weber County j I do 00 and u upon on a n i tion of ot a second and andI j I each caviL subsequent of this act shall shallI j I be punished b by a fine of not less than and not more than 1000 and by Imprison Imprisonment Imprisonment imprisonment ment of not less than thirty days and not more than six months in the county jail Sec See IS Every fine tine imposed for a vio 10 lation laUon of any ano provision of sections 1 and 9 of ot this act is hereby constituted a a lien upon the building In which the intoxicating ing liquor was sold as well as upon the ground upon which such suh building stands And the tm jury jur jury or judge to trying Ing any an person for a violation of any of the provisions of said section shall if the person Is found guilt guilty make a special finding as to what premises the intoxicating liquor was sold upon and If a fine tine Is imposed the court shan shall enter a decree constituting such a alien alien lien Urn upOn up n such building and grounds If It I the th said premises es are lire leased the fine shall shaH j I first constitute a lien 1110 upon the leasehold and if I the leasehold le is not of sufficient value alue to satisfy such lien then theo a lien Hen for the deficiency shall be had on the tile fee f f Such Su h lien shall be foreclosed In the same slime manner as real Nal estate mortgages are fore foreclosed foreclosed closed Term Is Defined See Sec Sf 17 The t term Inn rm person n as ae used In Inthis Inthis Inthis this act Includes association Uon copartner I ship club dub end BOO corporation and the lar includes the plural and the Ute plural the singular I Sec See 18 The intoxicating liquor as used in this thin th act Includes spirituous vinous malt and other intoxicating liquors and patent and proprietary medicines or 0 other compounds capable of being used as asa asa a beverage and which contain more than thanin in 10 0 per cent of pf alcohol or other intoxicating liquors Sec See I Title 39 I of the compiled complied laws of entitled Intoxicating liquors subdivision 4 41 J of section SOS of ot o the com corn compiled complied piled plied laws las of 1907 1507 l i authorizing Ing city councils to license and regulate regula Ie or to pro prohibit prohibit I hibit the manufacture or sale ale of intoxicating eating cating liquor lI uon and all acts or parts of acts in conflict C herewith are hereby re repealed repealed I pealed I Sec See 20 This act shall take effect upon the first day of January A D 1910 I j New J Features in Each of Pro Proposed Proposed i I posed Laws Some Re Restrictions Are Radical in Extreme I 1 t T of Weber eber to 13 is an all for the brewery brewel in yesterday esterday I Introduced as senate senata bill No 54 4 a measure for the regulation of ot the th liquor traffic probably along aIon lines acceptable to the brewing Inter Interests Interests ests cats The Toe bill provides one saloon lor lorea fo or orea ea h 1000 of ot population but provides i that this shall not take effect until af after after after ter August J t 1809 1909 and that the number of M then M n force shall not be j I d even een though thou h that number is IsI I greater than the number of thousands I of r Under this bill no license shail shai be granted to any an person not a aI 1 I citizen of the United States or to an anex anex ex eXom kt t It provides for the J 1 slon of or license for tor thirty days for vio yb 10 of ot any saloon awon regulation nod and a revocation of the license for tor or a second Under the terms of or the Hu HuI I laniski bill the Ute money collects collected i for fr liquor licenses shall be used for the I purpose of or the good roads system Tilo Th bill bli follows f I Be it t enacted by the legislature re of the stat of Utah S 1 That on and after the 1st day of 01 August 1909 the number of persons p and places which may be licensed n od to todeal sell deal and truffle traffic in spirituous vinous and malt liquors In the various cities clUes towns townsand townsand I and of ot this state is hereby urn lim limIted tied lied as follows One s u license may mA be granted to and issued for every J 1 ItO 30 inhabitants or a fraction thereof in any town city elt or pro pre precinct pr of ot this state such population to 10 be determined by the last preceding state or States Slates census provided however that In all such cities towns or precincts where a It neater number of licenses have hae I been granted gra ted or nr Issued prior toU to the first firstI I day of ot August lO than would be per permissible permissible perL I L under the foregoing limitation It U shall shail be lawful and the local authorities ties tics shall grant and issue licenses equal in number to those granted and issued prior to said last named date datI but no additional a license in number shall be granted or is issued Issued Issued sued In any such town city or precinct until the increase In population thereof brings the same within the foregoing urn lim limitation and provided further that license be granted or issued to persons for those places or locations for which licenses cs were issued or granted prior to said first day of August 1909 unless by b reason of a II re refusal refusal of the owner to lease the saute same for forsum sum purposes or destruction by b fire or the tho elements or the same be refused by oper operation operation operation of law Jawor or under the provisions of this act at then and in either of such cases castS such license I ense may be Issued and granted to some other location I j I Must Be Citizens See Sec 2 No license to sell deal dral or traffic in spirituous vinous inous or malt liquors shall s all allbe be granted or issued to any person who is not a citizen e of the United States and of this state and a resident of the city elt or county in which said license is applied for tor and no license shall b be Issued to any person who has been convicted of an of offense offense tense against the laws of the state pun punishable punishable by b Imprisonment In the tile state pris prison prison on or who has been convicted of ef keeping I a disorderly house within five Ii i years ears prior to the making of the application for forthe forthe forthe the license Ik Sec See 3 Such Suh licenses granted In accord accordance accordance accordance ance with this act shall be renewed renew by the holder thereof from year vear to year In ac accordance accordance accordance with the provision of law now In existence unless the owner thereof shall have forfeited his right to said aid license by bya b ba a conviction for having violated any of the provisions pro of the law relative to the sale of liquor Sec 4 J No 10 licenses licensee lI shall be transferred without first the consent obtained of the board or court having the power to grant original licenses lIcense and a d any license which Is III transferred without such lIuch consent shall be beI forfeited and cancelled cancell as of the time of such transfer and such transfer tran ter shall be made In tn accordance a with the law now governing transfers In this state and the transferee must possess such personal qualifications as will entitle him to origin original al at licenses license and before exercising any of the rights t as transferee he ho shall make the oath and give the bond required of i original licensee Courts Have Jurisdiction Sec See 5 S If anyone licensed to retail r tall liquor shall by judgment of any an court of com corn competent potent jurisdiction have been be n found guilty guilt of violating any of at the laws Jaws of this state statu or any ordinance of a city respecting the sate sale of liquor his license shall be sus suspended suspended suspended a as of the too date of said sald jUdgment |