| Show AN ORDINANCE v licensing and regulating the manufacture and sale of intoxicating liquors SEC 1 be it ordained by the city council of pro w city that no person shall manufacture sell barter deal out or otherwise dispose of any spirituous vinous malt or other intoxicating liquors without first obtaining the city council of provo city 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 if in kegs not less than two gallons if in bottles not less than one dozen provided that no liquors so eold either in kegs or bottles or otherwise shall be 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 as herein contemplated is one who sells or otherwise disposes of any of said lianora mentioned in this ordinance m any quantity and by the glass or dram to be drunk on the premises or otherwise SEC 3 the city council of provo city is hereby authorized to grant licenses as 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 Ee corder said petition must state definitely the particular place at which any of the liquors nomad in section one of this ordinance are intended to be manufactured sold bartered dealt out or otherwise disposed of and whether he intends to manufacture or carry on a retail or wholesale business before granting the applicant a license lie 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 he will not allow gambling with cards dice or any other device or implement used in gambling within his house outhouse yard or other premises under his control that he will pay all 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 m the 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 their debts and liabilities exclusive of property exempt from execution such 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 this city first license for a manufacturer per quarter 00 second license tor a whole sale 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 m the preceding section shall determine the time for which the license shall be granted but no license shall be issued for a longer period than one year nor for a less period than three 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 the amount required for said license and upon receiving the treasurers Treasur ers receipt shall present the same to the who shall issue to the applicant a certificate of license which certificate must state the name of the person licensed the place of business the kind or kinds of liquors to be manufactured 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 to carry on the business of manufacturing selling bartering or otherwise disposing of intoxicating liquors at the and for the time specified therein and that the license is not transferable said certificate shall be signed by the city recorder who shall seal the same with the seal of the city SEC 6 whenever any condition of said bond shall be broken a new bond shall bo 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 shall be unlawful for any person to sell any of the liquors mentioned in this ordinance after being notified by tho city council or by its order to procure a new bond and until said bond shall have been executed approved and ailed with the proper officer any person who shall manufacture sell or otherwise dispose of any of said liquors without first having obtained a license or in violation of this section sect ioa shall be deemed guilty of an offense and upon conviction thereof shall be fined m any sum less than one hundred dollars or be imprisoned not exceeding one 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 drink 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 bader twenty one years of age or who shall permit any of said persons to be and remain in his place of business where liquors are sold without the consent of the or employer thereof shall bo deemed guilty of an offense off ensa and upon conviction thereof shall be in any than ona hundred dollars or be imprisoned not exceeding one hundred days or both fined and imprisoned SEC 8 any person licensed us heroin provided and any person acting or assuming to act as his clerk agent servant or employee who shall give soil or otherwise dispose of any of the liquors named in this any intoxicated por who shall knowingly otherwise dispose of any of said liquors to verson fin finderson in tho habit of getting in shall bo deemed gulfy of an and upon conviction abera ef shall be fined m any gum 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 business licensed for the sale f liquors shall bo deemed guilty of an offense and upon conviction thereof shall be fined in any sum less than one hundred dollars or bo imprisoned not exceeding one hundred days or bo both lined and imprisoned SEC 10 every borbon licensed as herein provided and any person acting or assuming to act as his 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 his license or in any other room than the front room upon the ground floor of his place of business chero said liquors are to be sold or otherwise disposed of 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 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 set or otherwise dispose of any of the liquors mentioned in this ordinance on the first day of tho 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 ahall neglect and fail to alosa and keep closed his place of business where said liquors are sold during each and every of said days and afta eleven p m and before five a m of every day as aforesaid shall be deemed guilty of an offense and upon conviction convie tion thereof shall be fined in any sum less than one hundred dollars or be imprisoned nofa exceeding one hundred daya or both fined and imprisoned the 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 SEC 12 every person licensed 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 per bitted 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 room where any of said liquors are sold is guilty of an offense and upon conviction thereof shall be fined in any sum less than one hundred dollars or be im not exceeding one hundred ays 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 license revoked and any person licensed as aforesaid who shall give sell or otherwise dispose of any of said liquors after being by the city council or by its order that said bond has been forfeited and saidU cense has been revoked 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 SEC 14 any person found intoxicated within the limits of provo city shall be deemed guilty of an offense and upon conviction thereof shall be fined in any sum less than fifty dollars or bo imprisoned not exceeding fifty days or both fined and imprisoned SEC 15 an ordinance entitled an ordinance licensing and begu lating the manufacture and sale of intoxicating liquors passed april and all ordinances conflicting herewith are hereby repealed saving and excepting all rights and rights of action which have existed and may bo 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 passed may A D 1889 allson H mayor of provo city attest J J FULLER city recorder TERRITORY OF UTAH j UTAH sa catt J I 1 J J fuller Ee cordor 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 tho manufacture and sale of intoxicate ing liquors passed by the city council of provo city may A D 1889 in witness whereof I 1 have r i hereunto affixed the corpor gg p Q day of may AD 1889 J J FULLER city recorder |
