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Show safety of the inhabitants of the Town of Bingham Canyon that this ordinance shall take effect on May 12, 1937, and this ordinance or-dinance shall take effect and become be-come operative on May 12, 1937. Trustee Earl James made a motion that the foregoing ordinance ordi-nance be adoptod. Trustee C. A. Morley seconded the motion. Roll call vote as follows: Trustee Earl James, aye. Trustee John Creedon, aye, Trustee C. A. Morley, aye. Trustee W. R. Sumnlcht, aye. President John E. Dahlstrom aye. I Passed by the Board of Trustees Trus-tees this 5th day of May, 1937. JOHN E. DAHLSTROM President of Board of Trustees Attest: Eugene Morris (SEAL) Town Clerk. O ed and filed with the Board of gate tte applicant', name In full. vZiJx compUe1 with the - qualifications specified in the Ll-Quor Ll-Quor Control Act, and lf p.lcant b co-partnership, the names and addresses of all part-ners, part-ners, and lf a corporationthe names and addresses of all offi-.?k offi-.?k dre. nd must be .subscribed by the applicant who I must state under oath that the facte stated therein are true. Applicants Ap-plicants must furnish such other Information, including a certificate certifi-cate of at least five resident free holders of such town to the effect j that the licensee bears a good' moral character and Is a fit and proper person to be granted a license, li-cense, as and when the Board of Trustees shall require. Sea 336. QUALIFICATIONS OF LICENSEE. No person shall be granted a retail license unless he shall be qualified as provided in the Liquor Control Act and under the privileges of Section 86 thereof. Sec. 337. BOND REQUIRED. No license shall be granted by the Board of Trustees until the applicant ap-plicant shall have filed with the Board of Trustees a bond as provided by Section 76 of tthe Liquor Control Act, and which bond shall be made In favor of said town and the Liquor Control Commission of Utah. Sec. 338. BOARD OF HEALTH. No License shall be issued until the applicant therefor shall have first procured from the Board or Health a permit therefor, which permit shall show that the premises pre-mises to be licensed are in a sanitary sani-tary condition and that the equipment equip-ment used in the storage or distribution, dis-tribution, or sale of such beer, complies with 'ail health regulations regula-tions of said town and of the State of Utah. Sec. 339. TRANSFER OF LICENSE. LI-CENSE. Licenses Issued under this ordinance shall not be transferable, trans-ferable, and upon revocation thereof by the Board of Trustees of said town, the fee paid by the licensee to the town for said license li-cense shall be forfeited to said town. Sec. 340. FEES. Applications AN ORDINANCE AN ORDINANCE PROVIDING FOR THE LICENSING OF THE SALE OF LIGHT BEER, FIXING FIX-ING THE FEES THEREFOR AND REGULATING SAME. Be ordained by the Board of Trustees of the Town ot Bingham Canyon, Utah. SECTION I. There is hereby enacted a new Chapter in the Ordinances Or-dinances of the Town of Bingham Bing-ham Canyon, to be known as Chapiter XV, providing for the licensing li-censing of the sale of light beer, fixing the fees therefor and regulating reg-ulating same, which shall read as follows: CHAPTER XV. SALE OF LIGHT BEER. Sec. 331. LICENSE TO SELL LIGHT BEER. AT RETAIL. It shall be unlawful for, any person per-son to engage In the business of the sale of lieht beer at retail, in bottles or draft within the corporate cor-porate limits of aatd town without with-out first having procured a licensed li-censed therefor from the Board Ot Trustees of said town as hereinafter here-inafter provided. A separate license li-cense shall be required for each place of sale and the license shall ' at all times be conspicuously conspicu-ously displayed in the place to which it shall refer or for which It' shall be Issued. All licensees shall comply with the Liquor Control Act of Utah and the regulations reg-ulations of the Liquor Control" Commission. Sec. 332. DEFINITIONS. The following words and phrases used in this ordinance ahall have the following meaning unless a different dif-ferent meaning clearly appears from the context. "BEER'' means any beverage containing not less than one-half of one percentum of alcohol by weight and obtained by the alcoholic alco-holic fermentation of an infusion or decoction, of any malted grain, or similar products,- and which contains not more than 3.2 percentum per-centum of alcohol by weight and provided for In this chapter shall be accompanied by the fees hereinafter here-inafter provided, which fee shall be deposited in the town treasury if the license Is granted, and returned re-turned to the applicant if denied. For retail license $200.00 per annum or any part therof. Licensees who now have draft beer licenses issued by the Liquor Liq-uor Control Commission of the State of Utah which expire June 30, 1937, if they are issued a license upon the expiration of their present license, the fee shall be $100.00 for the balance of the year 1937 or any part thereof. All licenses issued hereunder shall expire on the 31st day of December of each year, unless sooner cancelled, and shall be issued, is-sued, for the calendar year. 'Sec. 341. RESTRICTIONS. No person shall sell beer at any public pub-lic dance or to any person Intoxicated, Intoxi-cated, or under the influence of Intoxicating beverage. No license shall be granted to sell beer in any dance hall, theater, Or to the proximity of any church or school. No person shall sell beer to any person under the age of" twenty- imay or may not contain hops or other vegetable products and includes in-cludes ale, stout or porter. "RETAILER", means any person per-son engaged in the sale or distribution distri-bution ot beer to the consumer. "SELL""' or "TO SELL" when used in this act in any prohibition shall be construed to include, to solicit, or to receive an order for, to keep or expose for sale, to deliver de-liver for value or gratuitously, to peddle, to possess with Intent to sell, to traffic in, for any consideration consid-eration promised or obtained directly di-rectly or indirectly or under any pretext or by any means whatsoever whatso-ever to procure or allow, to be procured for any other person, and "sale" when so used shall include in-clude every act of selling as a-bove- defined. -' "WHOLESALER", means any person other than a brewer or retailer re-tailer engaged in the importation for sale or . in the sale of beer in wholesale or" Jobbing., quantities. Sec. 333. LICENSE FEES ShT FOR WHOLESALER. It shall be unlawful for any person to engage en-gage in the business of selling Llr at wholesale within the person under the age of twenty- J one years. It shall be unlawful to advertise the sale of light beer except under such regulation as is made by the Liquor Control Commission of Utah and provides that a simple designation of the fact that beer is sold under town license may be placed in or upon the window or front of the licensed licen-sed premises. Sec. 342. LICENSES REVOCABLE. REVO-CABLE. The Board of Trustees of said town may with or without a hearing, at its discretion, refuse to grant any license applied for, and may revoke any license at any time, and in no such case need any cause be stated. No license li-cense shall be issued,, and any license li-cense issued, shall be revoked If the applicant or 'licensee shall not .possess, or sail cease to possess all of the qualifications rtquired by the Liquor Control Act, or fail to comply with the ordinance of said town, or rules, regulations and orders of the Board of Health, relating to health matters. Sec 343. INSPECTION. All licensed li-censed premises shall to inspection by any offker, a LI or peace officer of said n or the Liquor Control Com-mission, Com-mission, or the State Board of a 1th, and every licensee shaU "t the reQt of the Board ot Health of said town furntah to It Spies of beer which he shall have for sale. Sec 344. PENALTY. It shall beSt nlawful- for Perwn intP anv ordinance In this txiap-S txiap-S r and" a,y PO"on convicted or luting any Vi dlnance . contained herein s ,be Tm 00 ol by imprisonment S line and ImprlsonmMt. sch line dlMM or .m oi orfi""- r"S beer at wholesale within the limits, of the Town of Bingham Canyon without first obtaining a license therefor from the Liquor Control Commission of Utah and paying a fee therefor In the sum "fli? m. LICENSE PRIVILE-GES. PRIVILE-GES. Retail licenses issued hereunder here-under shall be Qf one kind or class and shall entitle the licensee licen-see to sell beer in the original containers or on draft and or consumption on or off the P e mlses in accordance with the Li quor Control Act of Utah. It shall be unlawful for any licensee to purchase or acquire or to have or possess for the par pose of sale or distribution, any beer except that which he shaH have lawfully purchased from brewer or wholesaler un der the privileges of the Liquor Control Act of Utah. Sec 335. APPLICATION A" applications for license s author ed by this Chapter shall be verl- |