Show AN licensing and regulating tho manufacture and sale of intoxicating liquors SECTION 1 be it ordained by the city council 0 o provo 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 from the city council of provo city a license as hereinafter provided SEC 2 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 arr application being mado for bucl license by petition signed by the applicant and filed with the city recorder said petition must 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 he intends to carry on a retail or wholesale business before granting the applicant a license hoshall execute abond 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 prem his control ahw eckwill pay which may be adjudged against him under any at the provisions of athla ordinance bany sum not less than one hundred del lars nor more aban jara with two or more neither of whom id engaged in the business of selling liquors to be approved by the mayor oi the city 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 bo 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 3 the city council after the petition statement and bond have been filed as required in the preceding section shall determine the amount to bo paid for the license prayed for which shall be as the rate of not less than six hundred dollars nor more than twelve hundred dollars for the period of one year but licenses for the same class of business shall be uniform in amount the city council shall alro determine the time for which the license shall be granted but no license shall bo issued for a longer period than one year nor for a leas period than three months SEC 4 the amount as determined by the city council must be paid into the city treasury by the applicant who upon receiving the treasurers Treasur ers receipt shall present the same to the city recorder who shall issue to the applicant a certificate of license which certificate must state the name of the person licensed the place of business te kird or kinds of liquors to be manufactured sold bartered or otherwise disposed of the date of commencement and expiration 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 place 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 5 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 bo 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 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 shall bo deemed guilty of an offense and upon conviction thereof shall be fined in any sum loss than one hundred dollars or be imprisoned not exceeding one hundred days or both fined and imprisoned SEC 6 any person licensed as herein provided who shall by himself his clerk agent servant or employee give sell or otherwise dispose of any intoxicating drink or any of the liquors mentioned in this ordinance to any indian insane or idiotic person or to any minor or employee under twenty one years of agbor who shall permit any of said parsons 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 offense ense and upon conviction thereof shall be fined in any sum less than one hundred dollars or be imprisoned not exceeding ono hundred days or both fined and imprisoned SEC 7 any person licensed as herein provided who shall by himself his clerk agent servant or employee give sell or otherwise dispose of any of the liquors named in this ordinance to any intoxicated person or who shall knowingly give sell or otherwise dispose of any of said liquors to any person in the habit of getting intoxicated 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 csc 8 every person licensed as aforesaid who shall permit the playing upon any musical instrument dancing drunkenness sleeping or lodging in the night time or any dig orderly or boisterous conduct in his shop saloon or other place of business licensed for the sale of liquors shall be deemed guilty of an offense and upon conviction thereof sh all bo fined in any sum less than one hundred dollars or bo imprisoned not exceeding ono hundred days or be both fined and imprisoned SEC 9 every person licensed as aforesaid who ahall by himself his agent servant clerk 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 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 one hundred dollarson dollar sor bo imvris boned not exceeding one hundred days or both fined and imprisoned SEC 10 every licensed as aforesaid who shall by himself his clerk agent servant or employee give sell or otherwise dispose of any of the liquors mentioned in this ordinance on the first day of the week commonly called sunday or on any election day cither general or special for the election of either territorial county precinct municipal or district officers except school trustees or on any day upon which the mayor shall by proclamation forbid the giving away soiling or otherwise disposing of any of paid liquors or during any of the hours of any day after eleven y clock p m and before five z m of the following day or who antl neglect and fail to close and keep closed hia place of business where said liquors are eold during each and everyou said days and after eleven p m and before five a m of every day as aforesaid shall be deemed guilty of an offense an dupon 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 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 toa tho front door andin prosecutions under this section requiring said place of business to be closed it shall not be necessary to prove that any liquor was sold given away or otherwise disposed of SEC 11 every person licensed as aforesaid who shall keep or permit to be kept any billiard pool or card table pin alley or ten pin alley or table and ball alleyan alle yin any room whore 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 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 imprisoned not exceeding one hundred days or both fined and imprisoned SEC 12 conever ho never any condition of the bund heroin 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 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 be fined in any sum less than one hundred dollars or be imprisoned not exceeding one hundred days or both fined and imprisoned SEC 13 any person engaged in the business of selling or keeping for sale any of the liquors mentioned in this ordinance whether as owner clerk agent servant or employee shall be liable to penalties the provided in this ordinance for any violation of the provisions thereof SEC 14 any person found intoxicated within the limits of provo city shall be deemed guilty of an of fonse 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 to prohibit the sale of spirituous vinous fermented and other intoxicating liquors passed july 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 and 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 inthe in the courts or otherwise H mayor of provo city attest J J FULLEE city Eo corder OF UTAH coarr OF UTAH ss CITY I 1 J J fuller recorder in and for provo city utah county territory of utah hereby certify that the foregoing is a full true and correct copy of an ordinance in relation to licensing and regulating the manufacture and sale of intoxicating in brovo city passed by the city council of provo city april A D 1888 testimony whereof I 1 have SEAL hereunto affixed the corporate seal of provo city this day of april A D 1888 J J FULLER city recorder |