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Show NEW LIQUOR ORDINANCE PASSED BY " ' THE SALT LAKE CITY COUNCIL WITH 1 ' ONLY TWO DISSENTING VOTES Following is Salt Lake City's now liquor ordinance, passed by the city council Monday night, with but two dissenting votes, Holley and Cowburn. The measure, which will take effect after tho Mayor's approval, raises tho saloon license from $1200 to $lf00 a year, compels restaurants handling liquors to take out a liquor license tho sumo as saloons, taboos inclosed booths and wine rooms iu saloons and restaurants, restau-rants, brirs women from snloons at any nnd all hours, makes the presence of any person besides the proprietor or his regular employees in a saloon on Sunday Sun-day or between midnight and G a. m. t)n a week dny prima facie evidence of violation of t tic law, nnd cuts out music anrt freo lunches in saloons. The measure also materially boosts tho license li-cense of breweries, and altogether will increase the city's revenues jtrom liquor receipts something like flu,000 a year. ni,JJiori,lV:i' repualtns. the whole of l ftrrH)V,?f Revised Ordinances ?Avia,,i T-ak"? Clty of 1S03- rdatlnjr io in-toMcatlnK in-toMcatlnK liquors, :inrl ench and everv part of sections 307 to 3SJ. inclusive, or said chapter XXIV, and nil amendments to eaid sections, or either of them, passed oy tlio city council and approved by the mayor prior to the confirmation of this ordinance, and enacting a new chapter to be known as chapter XXIV of the ordinances of Salt Lako City, relating to intoxicating liquors. J,3 'l ordnlned by tlio city council of Salt Lako City. Utah: Section 1. That Hinpter XXIV of the Revised Ordinances of Salt Lako Cltv of 1U03, relathlp to Intoxicating liquors, "and every section of said chapter, Including amendments (hereto, and to said sections, sec-tions, passed by the city council of this city, he, and the same are herein, repealed. re-pealed. Sec. That a new ordinance is herebv eiiacted. Io be known aa chapter XXIV of the ordinances of this city, relating to intoxicating liquor.:, to read as follows: Sec. 1. Liquors. Selling of License required. It felmll be .unlawful for any person, firm', association or corporation to mnnufacturp, sell, barter, give nwuy. serve, or in any manner deal out or otherwise other-wise dispose of, any spirituous, vinous, malt or other intoxicating liquors without with-out first obtaining a license so to do, as hereinafter provided. Sec. 2. Licensee must be owner of stock, etc. No retail license to sell any spirituous, vinous, malt or other intoxicating intoxi-cating liquor shall bo granted to any person, per-son, firm, association, or corporation unless un-less such person, firm, association or corporation Is the owner of the fixtures nnd the stock In the place where said business is proposed to be curried on, and is either the owner of tho building in w.hich said business Is proposed to be carried on, or has a lease for the said place from the owner thereof, in his, their, on Its own name, which facts shall be made to appear by an affidavit made by said person, or member of said firm, or the president or other officer of said corporation, and be filed with the license assessor at the time of applying for such license. Sec. 3. Terms defined. A. manufacturer, manufac-turer, as contemplated In this ordinance. Is a person, firm., association or corporation cor-poration who from raw material manufactures manu-factures any spirituous, vinous, malt or other intoxicating liquors, nnd soils tho sanm in kegs, casks, barrels, bottles or cases; hut no such manufactured article shall be sold or otherwise disposed of to be drunk on tho premises of the manufacturer. Wholesale Dealer Defined. A wholesale dealer, as contemplated in this ordinance, is a person, firm, association asso-ciation or corporation who sells or otherwise other-wise disposes of spirituous, vinous, malt or other Intoxicating liquors In any quan-tltv quan-tltv of five gallons ov more, or one dozen bottles or more; but no such liquors shall be sold or disposed of to be drunk on the premises where sold. A manufacturer's agent, as contemplated contem-plated In this ordinance. Is any person, firm, association or corporation who. as agent or representative of a manufacturer manufac-turer or manufacturers of malt or beer outside of Salt Lake City, sells the same In kfga. casks, barrels, bottles or cases, at w'holcsalc to wholesalers or retailers doing business In said city. ... A retail dealer, as contemplated In tnli ordinance. Is a person, firm, association or corporation who sells or otherwise disposes dis-poses of such liquor in any quantity o! less than five gallons, and also by the glass or dram, to be drunk on the premises prem-ises where sold. druggist, as contemplated in this ordinance. or-dinance. Is a person, firm, association or corporation-who makes the compounding of medicines and tho sale of drugs and medicines bis, their or it chief occupation, occupa-tion, and who. upon occasion, sells ln-toxicnt'ng ln-toxicnt'ng liquors by the bottle or package, pack-age, hut ncvor exceeding five gallons in quantity In any one sale; nor to be consumed con-sumed upon the premises In uny form, or in mineral water, soda water or soft drinks or soft beverages of any kind, or otherwise: provided, that any sale of Intoxicating In-toxicating liquor by any druggist In quantltv of five gallons or more shall be deemed" to make of him a wholesaler, and subject him to the payment of a wholesaler's whole-saler's license as In this ordinance provided. pro-vided. . . ,. ,, ,.. , Sec -i. T'nlawful to sell liquor without procuring a license and giving bond. One bar onlv to be onoralcd under eacli license. li-cense. TTse of cellar for storage purposes permitted. It shall he unlawful for any person, firm- association or corporation engaged In the sale or other disposition of spirituous, vinous, malt or other Intoxicating In-toxicating liquors, or engaged in any business where such Honors are at. any time sold or otherwise disposed of as an adjunct of said business, or whether mi-caced mi-caced In anv such business at wholesale or "retail, or' both, to conduct said business busi-ness without first procuring a liquor license li-cense and giving bond thereafter in the manner hereinafter prescribed; provided, that no moro than one bar shall be operated under one license; and provided further, that any person, firm, association associa-tion or corporation to whom a license Is granted under this ordinance may use a cellar or storehouse for storage purposes 0,ll" ronu of Application. !ec 5 Form of application and bond for liquor license. Application for liquor license shall be made by petition to the cltv council by the, applicant and filed with I In cltv recorder, and a duplicate filed with the license assessor. Said petition pe-tition must state definitely the particular place nt which said Honors are to bo manufactured, sold or otherwise disposed of. whether at wholesale or retail, and If at retail nt a new location. In case of u protest oguliiBl the application by the owners of a majority of the foot frontage upon the slue of the block where- tho proposed pro-posed business is to be carried on. he application Khali not be granted. At tho tlm of filing Ids duplicate petition, the applicant shall bo furnished a b II by the assessor, and tho applicant fhall deposit with the city treasurer the amount rhnrced by the assessor for the period arm led for. In case Ihe license petitioned for shall not lie pra tiled by the city council, coun-cil, the sum of money deposited with the city treasurer shall be refunded to 111" applicant. The applicant shall also fll" with tho petition a bond running to Salt r nke Cltv. conditioned that during the continuing of his license ho will keep an orrt'rlv and well regulated house, and Hint he will not allow gambling in any form within the premises wnero bis business is conducted: that ho will pa v all darn-aKOK. darn-aKOK. fines ami forfeitures which may bo adjudged aqalnst him under the pror visions of this ordinance and under the provisions of title 32 f the Hevlsed Statutes Sta-tutes of Utah of 1S98. and the amendments amend-ments thereto, which said bond shall be In the sum of one thousand dollars for all whol'-sale nnd retail liquor dealers, manufacturers and manufacturers agent, nnd the sum of five hundred dollars for all other licenses issued under tho pro-vlBlons pro-vlBlons of this chapter, with two or moro Individual sureties, or one corporat Huro: tv. said sureties to b approved by the mnvor. To tho snl.I bond shall be .attached .at-tached a Justification to the effect, thai, in the ca.n of tho Individual sureties, said sureties aro residents and freeholders within Salt Lake county, state of Utah, and worth tho amount specified in said bond over and above nil Just debts nnd liabilities, and exclusive of property exempt ex-empt from execution; and in tho case of a corporate surety, said Justification j shall be to Ihe effect that said suretv Is qualified quali-fied nnd authorized under the statutes of Utah to do business within tho snld state an a surety company. The said bond shall be filed with the city recorder by the said assessor. Sec. C. License to be Issued only to the proprietor of tho place licensed. Licenses Li-censes nontransferable. Xo retail liquor llC'3se shall be issued to any person, firm, association or corporation other than tlio proprietor of the place for which It la issued. A retail liquor license shnll bo nontransferable. Eeferrcd to Chlof of Polico. Sec. T. Applications for retail liquor license to bo referred to the chief of police. po-lice. When licence" shall bo withheld. When license shall he revoked. All applications ap-plications for retail liquor license shall be made by petition to the city council, and shall bo Immediate! v referred to tho chief of police, who shall report to the city council within five days after such reference as to the condition of the placo where, such business Is to be carried on in regard to the matters hereinafter mentioned, men-tioned, and as to anv other matters of which In his Judnment the council should have knowledge, with his recommendation ns to granting or withholding the. license. No retail liquor license shall hereafter bo granted by tho city council to any pcr-pou, pcr-pou, firm, association or corporation until the place whore said business Is proposed to be carried on has been first inspected nnd examined by tho chief of police. No license shall be granted ir It shall appear that such placo has within It or in any manner connected with It by stairs, elevator, ele-vator, dumb waiter, speaking tubes, electric elec-tric apparatus or other means of communication, com-munication, anv wine room, card room, lunch room or booth, not having an opening open-ing at least two feet and six Inches wide and six feet high, facing the main room or pnseagowav and visible therefrom. And every retail liquor license shall bo revoked by Hie city council If. after granting the same, the person, firm, association as-sociation or corporation to whom the same is granted, or any other pcrpon. firm, association as-sociation or corporation with the knowledge, knowl-edge, consent or acquiescence of the licensee li-censee shall open, place, mnlntaln or conduct con-duct within the. place where said business busi-ness is licensed to bo carried on, or in anv manner connected therewith. In the manner above mentioned, any wine room, card room, lunch room or booth, not having nn opening at least two feet six Inches wide and six feet high, facing the main room or passageway and visible therefrom. . , Sec. S. Sale of intoxicating liquors in quantltv exceeding five gallons, or Jess than one-half pint by drug stores without with-out a license prohibited. It shall be unlawful un-lawful for any person, firm, association or corporation conducting any wholesale or retail drug storo or stores In halt Lake Citv. to sell or otherwise dispose of any liquor or Intoxicating drink of any kind, hv the drink, to be drunk on the premises prem-ises at anv time, or penult the same to be drunk upon the premises in mineral, water, soda water, or soft drinks or sort beverages of any kind, or otherwise. JL shall also be unlawful for any such person per-son to sell or otherwise dispose of any liquor or Intoxlcatlntr drink In any bottle or package in quantity less than five. gal-Ions, gal-Ions, unless said person, firm, association or corporation shall first have procured a druggist's license to sell liquor ns hereinafter herein-after provided. It shall likewise be unlawful un-lawful for anv person, firm, association or corporation to sell or otherwise dispose of anv liquor or intoxicating drink in quantltv exceeding five gallons, unless such person, firm, association or corporation corpora-tion shall first have procured a wholesaler's whole-saler's license, as In this chapter provided. pro-vided. It shall also bo unlawful for any druggist or person employed in or about anv drug store, having a druggist s license, li-cense, to sell, give awny or dispose of anv intoxicating liquor or drink In any manner or form except in original packages pack-ages or bottles containing not less than one-half pint. Certificate of License Sec. 0. Certificate of license. Manner of Issuing and form. Upon the granting of any license In this chapter mentioned, the applicant shall be entitled tn receive from the cltv recorder a certificate of license li-cense for the purpose specified in the application ap-plication and In the grant by the city council. The certificate of license shall show the name of the person, firm, association as-sociation or corporation licensed, the amount paid to the city treasurer, the kind of llceuso Issued, tho place of business busi-ness of thu licensee, the date of commencement com-mencement nnd the date of expiration of the license, and that tho person, firm, association as-sociation or corporation therein named Is duly authorized to carry on tho business therein specified at the placo and for the period therein named, and that said certificate cer-tificate of license is not transferable. Said certificate of license shall be signed by the cltv recorder, with the seal of Salt Lako City affixed. No license granted or Issued tinder any provision of this chapter shall bo In nny manner assignable or transferable, or authorize au-thorize any person, firm, association or-corporatlon or-corporatlon other than therein mentioned or named, to do business, or authorize any other business than is therein mentioned or named to he done or transacted, or tho business therein mentioned or named to be done or transacted, at any place other than Is therein mentioned or named. Sec. 10. Certificates of license to be Issued Is-sued for three months, exception. All certificates of license issued, under the provisions of this chapter, shall be for regular quarterly porlods of three months commencing January 1. April I. July 1 and October 1. for the first, second, third and fourth quarters, respectively. Of each year Provided, however, that when an application is made nfter tho commencement commence-ment of- tho first, second or third quarter, the applicant shall deposit with the city treasurer an amount of money equal to tho charge for a full quarter and the tin-expired tin-expired portion of the quarter in which the application Is made, and the certificate certifi-cate of license shall bo for such period, that Is, beginning with tho date of application ap-plication and expiring on the last day of the succeeding regular quarter; and that when an application is mnde after tho commencement of tho fourth quarter, and the application is approved by the council, tho applicant shall deposit with the city treasurer an amount of money equal to the chargo for tho unexpired portion of such quarter, ami the certificate of license li-cense shall be for such unexpired portion. No certificate of license issued under this section shall extend beyond tho municipal munici-pal vear in which it la granted. No certificate cer-tificate of license issued under this section sec-tion shall be for a lesser period than tbree months, except certificates issued during the last quarter of each year nnd before certificates for a lesser period than three months can be lsnued, the application appli-cation must be approved by the council as herein provided. Amounts to Bo Paid. Sec. 11. Amounts to bo paid for licenses. li-censes. Tho following amounts .shall be. and are hereby established ns tho quarterly quar-terly charge for license under tho provisions pro-visions of this chapter, to-wit. As manufaeturer of beor for all beer 'sold in Salt Lako City, per barrel.. S .10 s manufacturer's agent for all beer sold In Salt Lnko f'lty, per barrel.. .10 All barrels of beer shall be figured ns containing thirty-one gallons, and containers con-tainers of less quantities in proportion, and when beer In old In bottles, quart bottles shnll br figured as containing one-fifth one-fifth of a gallon, and pint bottles one-tenth one-tenth of n , gallon. The applicant for a manufacturer s or manufacturer's agent's license shall lllo with the application an affidnvlt staling tin number of barrels of beer, figured ns aforesaid, that said applicant sold In Salt Lako CI l"" during the. quarter preceding the jiunrter in which said proposed license Is to be used. As retail dealers J37B.00 Aa wholcsule dealer 100 00 An druggist 100.00 All said sums shall bo payable strictly In advance. In no ense shall any payment made or llceuso Issued entitle the licensee to conduct con-duct more than one plncn of business tpercunder. Nor shall the payment for, or license Issued for one kind of liquor liceiwo entitle the licensee to curry on i any business thereunder requiring another kind of liquor license; that. Is, a separate license shall bo obtained to carry on each kind of business as defined In this chapter. chap-ter. Sec. 12. Sale of Liquor lo Minors. Indians, In-dians, Insane or Drunkards Prohibited. It shnll he. unlawful for any person, firm, association or corporation, whether acting act-ing for himself, or as agent, servant, or employee of any other person, firm, association as-sociation or corporation, to give, sell, furnish fur-nish or deliver, or otherwise dispose of any Intoxicating liquor to any Indian, or to nny person under the age of 21 years, or lo any person known to the community commu-nity as an hnbltual drunkard, or to any Insane or idiotic person, whether said Indian In-dian or minor or Insane or idiotic person per-son shall buy or receive the said liquor for his own use or consumption, or In whole or in part for the use or consumption consump-tion of any other person or persons. Sec. 1.1. Minors. Indians, Insano or idiotic persons In saloons or billiard halls prohibited. It shall bo unlnwful for any person, firm, association or corporation to send, or take, or for nny owner, agent, bartender or employe to permit or allow al-low nny person under tho age of twenty-ono twenty-ono years, or Indian, or Insane or Idiotic person to go to or remain at or in any saloon, wine room, or apartment whatsoever, what-soever, where Intoxicating drink Is sold or dispensed, excepting drug stores, hotels nnd restaurants; or to permit any such minor to visit, frequent or remain in any billiard or pool room or hall. How Minors Stand. Sec. II, Unlawful for minors lo misrepresent mis-represent age. It shnll be unlawful for any person under the age of twenty-ono years to enter or remain In any saloon or othor place where intoxicating liquors aro sold or dispensed, excepting drug stores, hotels and restaurants, or to misrepresent mis-represent his ngo and state himself to be over the age of twenty-one, In order to gain admission to nny saloon or other place where intoxicating liquor Is sold or dispensed, or to secure the sale to himself of any malt, spirituous, vinous or other Intoxicating liquor. Sec. 15. Females prohibited from being be-ing in saloons or wlno rooms. It shall be unlawful for any person, firm, association asso-ciation or corporation operating a saloon, to permit any fcmnlo person to enter, be. or remnln in such saloon, or to employ em-ploy nny femalo in any such place of business. Sec. IS. Dancing, music, nlnglng, free lunch, drunkenness, nnd disorderly dis-orderly conduct In saloons prohibited. It shall he unlawful for any person, firm, association or corporation, or any agent, manager, bartondor or employeo of any person, firm, association or corporation engaged In tho business of selling Intoxicating Intoxi-cating liquors at retail, to permit lodging, lodg-ing, dancing, drunkenness or sleeping or to permit any disorderly conduct In his. tlt'elr or Its saloon or place of business, or permit singing, or music or free lunch In any saloon. Sec. 17. Sale or disposal of liquor on Sunday. Evidence. It shnll he unlawful for any person, firm, association or corporation, cor-poration, or any manager, agent, bartender, bar-tender, servant or employee of any person, per-son, firm, association or corporation to sell, give away, servo or otherwise dls-poso dls-poso of any spirituous, vinous, malt, beer or any Intoxicating drink, at any tlmo on the first day of the week, commonly called Sunday, or between 12 o'clock midnight mid-night and G o'clock a. m. on any day of the week, except he be a druggist, and then only for medicinal purposes upon the prescription of a regularly licensed physician. All saloons nnd bars where any spirituous, spirit-uous, vinous or malt liquors, bi?er or any Intoxicating liquor Is sold, given away or otherwise disposed of, or kept for sale, or to serve, either at wholesale or retail, shall bo closed on the first day of the week, commonly called Sunday. It shall be prima, facie evidence of the violation of this section If any person othor than tho proprietor or regular employee em-ployee is seen going in. coming out of or within said place during such restricted re-stricted porlods. Relating to Physicians. See. IS. Physicians prohibited from issuing prescriptions In blank or In quantity quan-tity with intent to violate this chapter. chap-ter. It shall be unlawful for any physician physi-cian to Issue any prescription or prescriptions pre-scriptions In blank, or In quantity, or in any manner, for the purpose of evading evad-ing any of the provisions of this chapter. chap-ter. Sec. ID. Interior of saloons to bo open to Inspection from the exterior on un-dav un-dav and from 12 o'clock midnight to 6 o. m. on any other day. All blinds, curtains and screens shall be withdrawn from the doors ond windows of all saloons, bars, wine rooms and other places whore Intoxicating liquors li-quors are sold, and all Interior doors, scroens. blinds nnd curtains shall bo so opened that an unobstructed view of the Interior of such places may be had from the sidewalk or exterior of all such saloons, bars. wJne rooms, or other places where Intoxicating liquors are sold, during dur-ing all of the time on the first day of the week, commonly called Sunday, j and between 12 o'clock midnight and 0 a. i iu. every day. And It shall be unlnwful for any person, firm, association or corpora-I corpora-I tloii licensed to sell intoxicating liquors nt .such saloon, bar. wine room or other 'place, or the manager or othor person having temporary or permanent chargo thereof, to fall to comply with tho provisions pro-visions of this section. Sec. 20. License to be revoked for violation vio-lation of the provisions of this chapter. Any person, firm, association or corporation corpor-ation licensed under tho provisions of this chapter. In whose place of business either or any of tho offenses stated in this chapter shall be committed, or who shall bo found guilty of either or any of said offenses, shall thereby forfeit bis, their, or Its license, and tho same shall at once, upon duo notice as prescribed bv law, bo revoked by tho city council, and no part of the unexpired license bo refunded. Sec 21. License not to be reissued to anv person, firm, association or corporation corpora-tion convicted of any violation of thl.1 chapter, or o sanio place. Any person, firm, association or corporation whoso llconse to sell intoxicating liquors ban been revoked by tho city council fo: any cause, shall thereafter bo Inellgiblt to receive nny license to sell Intoxicating liquors In Salt Lake City, and no license shall be granted to be used at tho place where said revoked license was used, for six months after such revocation. Sec. 22. Not moro than three licenses to be Issued to any person, firm, association asso-ciation or corporation to sell intoxicating intoxicat-ing liquors. Not more than three licenses to sell Intoxicating liquors in Salt Lnko Cltv shall 'be Issued at any one time to the same person, firm, association or corporation. and no license to sell intoxicating in-toxicating liquor shall be Issued to any firm, association or corporation. any members or stockholders of which combined, com-bined, hold a total of three such licenses. On Election Day. Sec. 23. Unlawful to sell liquor on election day. It shall bo unlawful for anv person, firm, association or corporation, corpor-ation, cither licensed or unlicensed, to sell, givo away or In any manner dispose dis-pose of, directly or Indirectly, any spirituous, spir-ituous, vinous, malt or other intoxicating liquor on the part of any day set npnrt or to bo set apart for a general or special election for any state county oi municipal officers, except mcmbeis of the board of education, except for medical med-ical purposes, upon tho prescription of a physician, ns herelnbeforo provided. Sec. 21. Mayor to issue proclamation closing saloons on certain days nt his discretion. Tho mayor, whenever In h 1m judgment, the pence, good order and safety of the Inhabitants of ihe city shall require it, and on all legal holidays, holi-days, may by proclamation forbid the sale or other disposition of any and all intoxicating liquors for any stated period pe-riod of time, not exceeding In all twenty-four twenty-four consecutive hours. Sec. 20 Licensees accepting licenses accept tho provisions of this chapter. Any licensee receiving a llconse under tne provisions of this chapter shall be deemed to havo occeptod Hie same with ail tlio duties, obligations, liabilities, restrictions and limitations herein, and by tho lawn of this stale provided for. Imposed as part ond parcel of said license without other or further notice, and without each or any of such provisions being specifically incorporated In the license to him, them, or it granted. Sec. 2(5. Only or chief of police. It shall be the duty of the chief of pollen of this city, and he Is hereby directed lo enforce strictly tho terms of this ordinance, without regard to the instructions instruc-tions ' or directions of any committee or the individual members of tho city council of this city. Sec. 27. Penalty. Any person, firm, association or corporation violating nny of the provisions of this chapter shail bo deemed guilty of a misdemeanor, nnd upon conviction thereof, shall bo punished pun-ished by a flno of not less than one hundred dollars nor moro than threo hundred dollars, or by Imprisonment In tho city jn II not less than thirty days or moro than six months, or by both such lino and imprisonment; provided, that nothing herein contained shall bo construed lo provent Salt Lako City from recovering the amount of any license herein required to be paid. In a civil action brought for such purpose, as provided by ordinance of this city. Sec. 2S. All ordinances nnd resolutions or parts of ordinances and resolutions In conflict herewith are hereby repealed to the extent of such confih-t. Sec. 20. This ordinance shall take effect ef-fect live days after approval. |