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Show In Witness Whereof, T li.ivo hereunto set my hand ami nf-lixed nf-lixed the corporate son I of SprinK-ville, SprinK-ville, Utah, this 13lh dav of February, Feb-ruary, A. D. lO.'M. W'm. HRI.YI IHUUST, (Seal) City Recorder. place on the premises at till , times. I SECTION 20. No licensee here- I under shall knowingly employ in j connection with his busincc" In any capacity whatsoever any per- son who hiis heen convicted of a felony or who since January 2, 193-1, has been found guilty of the violation of any law of the State of Utah or of any ordinance of Springville City relating to the traffic in intoxicating liquor or beer. SECTION 21. The licensee shall at all times, maintain his premises premis-es where beer is for sale so that there is an unobstructed view of the entire space devoted to the sale or consumption, or sale and consumption of beer, and the donrs and windows shall have therein clear, plain glass, ami shall be uncurtained, and shall be, so constructed that the view from the outside through the doors and windows shall be unobstructed. SECTION 22. All ordinances and parts of ordinances in conflict with the provisions of Uiis ordinance, ordin-ance, are, to the extent of such conflict, hereby repealed. SECTION 23. PENALTY. Any person wno snail engage in the business of a wholesaler or retailer retail-er of beer within the corporate limits of Springville City without having an appropriate license therefor from Springville City, or whose license issued, by Springville Spring-ville City has been revoked, suspended, sus-pended, or cancelled, or who shall violate any provisions 'o-f this ordinance, shall j be guilty of a misdemeanor and j upon conviction shall be punished by a fine not exceeding $299.00, or by imprisonment in the city jail for a term not exceeding six months, or by both such fine and imprisonment. SECTION 24. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional unconstitu-tional or unlawful, -such decision shall not affect the validity of the remaining portion of this ordinance. ordin-ance. The City Cquncil here-I here-I by declares that it would I have passed this ordinanec and j each section, subsection, sentence, clause and phrase thereof irres- i pectivc of the fact that any one or more other sections, subsec- j tions,. sentences, clauses, or j phrases may be declared to be un- j constitutional or unlawful. SECTION 25. In the opinion of the City Council it is necessary neces-sary to the peace, health and safety of the inhabitants of Springville Spring-ville City that this ordinance be-1 come effective immediately. SECTION 26. This ordinance shall take effect at once upon its passage and first publication. PASSED BY THE CITY COUNCIL OF ' SPRINGVILLE UTAH, THIS 7th DAY OF FEBRUARY, FEB-RUARY, A. D. 1934. Geo. A. ANDERSON, I Mayor. Attest: Wm. BR1NGHUKST, (Seal) City Recorder. STATE OK UTAH, COUNTY OF UTAH, SPRINGVILLE CITY ss. I, Wm. Bringhurst, City Recorder Re-corder of Springville City, Utah, do hereby certify the above and foregoing to be a full, true and correct copy of an ordinance, passed pass-ed by the City Council of Springville Spring-ville City, Utah, February 7. 1934, entitled.' "An Ordinance Providing For the Licensing, Regulation and Control of Beer Containing in Excess Ex-cess of One-half of One Per Centum Cen-tum of Alcohol by Volume, and Not to Exceed 3.2 Per Centum of Alcohol by Weight; Providing Penalties for the Violation Thereof, There-of, and Repealing All Ordinances in Conflict Herewith." such retailer will faithfully com-I com-I ply with the laws of the state 1 1 of Utah and the ordinances of . Springville City, and In par- tieular all laws and ordinances i relating lo uic sa:e, keeping or . dispensing of intoxicating liquors or beer. A separate bond shall be ; given for each place where beer i is to be sold on draft. SECTION 8. Before a license is issued for the consumption of beer on the premises the applicant appli-cant must have first procured from the Board of Health of Spring ville City a permit showing that the premises are in a sanitary, condition condi-tion and that he has complied 0 J'1 AN ORDINANCE 2 i ; 0 n An Ordinance l'roviillng For the Licensing, Regulation and Con- 10 b " Irul of lieer Containing in Kx- ' i-ons of One-half of One Per Centum of Alcohol by Volume mid Not to Kxccrd 8.2 Per Cen-5 Cen-5 I turn of Alcohol by Weight; lro-vliling lro-vliling Penalties for tho Violation Viola-tion Thereof; and Kepealing All Ordinances in Conflict Here with. T. P. t On ME IT ORDAINED BY THE 0 n CITY COUNCIL OF SPRING- 1 j VILLE, 3 2 ; SECTION 1. It shall be unlaw-3 unlaw-3 1 : nil for any person, co-partnership, 0 firm, or corporation to engage in the business of a wholesaler or re-9 re-9 3 tailer of beer within the corporate limits of Springville City without first having procured a license r p therefore from the City Council 2 Q i of Springville, as hereinafter 1 n .': provided. On SECTION 2. The word "beer" 2 'as used In this ordinance means t 1 any beverage obtained by alco-n alco-n 1 iiolic fermentation of an infusion 0 or decoction of barley, malt, hops "and other ingredients in drinkable 2 i xvatcr and containing in excess of umpin 0ne-half of one per centum of alcohol al-cohol by volume and not more 14 r than 3.2 per centum of alcohol by 401: weight. The word "retailer" means any person engaged in the sale or dis-HB dis-HB Itiil nti" of beer to the consumer. The word "wholesaler" means tsiiy person other than a brewer engaged in the distribution of beer in wholesale or jobbing quantities quan-tities to retailers and in case lots '10J or in not less than four .gallon kegs to consumers. the term "dealer" shall include any person who imports beer into 2 A this state for sale or produces or f manufactures beer in the state for sale. The word "sale" as used herein rA means any person who engages in ij the selling, giving away, serving, ' or permitting beer to be served in his or its place of business. A The words "case lots" mean any my container of not less than twenty- four ten-cunce bottles. SECTION 3. Licenses issued 9 A hereunder shall be of the follow- 7 ing kinds and shall have the fol- lowing privileges; Class "A" retail license entitles A the licensee to sell beer in the 7 original bottles having the label ' of the maker thereon, for consumption con-sumption off the premises. A Class "B" retail license entitles 7 the licensee to sell beer in the original bottles having the label i of the maker thereon for con-A con-A sumption on or off the premises 7 Hnd to all the privileges granted j " to the holder of a Class "A" re-taiL. re-taiL. license. The holder of this I A license shall be exempt from pay- j 4 mcnt of all soft drink licenses to J' Springville City. j Class "C" retail license entitles on the licensee to sell beer on draft , for consumption on or off the lcr' premises and to all the privileges granted to holders of Class "A" and "B" retail licenses. muM Class "A" wholesale license en-titles en-titles the licensee to sell bottled beer to retailers for resale and to sell bottled beer in not less than case lots to consumers, but shall not entitle the licensee to any of the other privileges granted to the holders of Class "A," "B," or "C" retail license. Class "B" wholesale license en-lilcs en-lilcs the licensee to sell both bottled bot-tled and keg beer to retailers for resale and to sell bottled beer in mt less than case lots and keg beer of not less than four gallon kegs to consumers but shall not -ntitle the licensee to any of the ithcr privileges granted to the millers of a Class "A," "B," or 'C" retail license. SECTION 4. Application for a IceiLsc to engage in the business if ft wholesaler or retailer of beer villiin the corporate limits of Springville City shall be made in vriting under oath to the City Council of Springville, on forms provided by the City Re-3orrler, Re-3orrler, and containing such infor-nation infor-nation as said City Council may "cquire. with all regulations of the Board of Health relating to the dispensing dispens-ing of becr. SECTION 9. Any license issued pursuant to this ordinance shall be available only to the person, co-partnership or corporation, specified therein and only for the premises described in said license, and shall not be transferable to any other person, co-partnership or corporation or any other premises, prem-ises, without the consent of the City Council and the payment of a JSS.OO transfer fee. SECTION 10. All applications shall be accompanied by the fees hereinafter provided. The license fees for the retailing retail-ing or wholesaling of beer shall be as follows: For Class "A" retail license, for one year or any part thereof, $20.00. For Class "B" retail license, for one year or any part thereof, MO. 00. For Class. "C" retail license, for one year or any' part thereof, $75.00. For Class "A" wholesale license, for one year or any part thereof, 575.00. For Class "B" wholesale license, for one year or any part thereof, $150.00. All licenses issued hereunder shall expire on December 31st of the year in which the same are issued. SECTION 11. No person, copartnership, co-partnership, or corporation shall sell, dispense, furnish or give away beer at any pool or billiard room, or at any public dance-hall, dance-hall, ; dance-pavilion or place where public dances are held or the public is permitted to dance. The term "dance-hall" as herein used shall be construed to include all adjacent rooms opening directly direct-ly or indirectly upon the dance floor, but such term shall not include in-clude a cafe or hotel. "The term pool or billiard room as herein used shall be construed to in-' in-' elude all ajacent rooms opening directly into the pool or billiard :'Oom.'' SECTION 12. No person, copartnership co-partnership or corporation shall sell, dispense, furnish or give beer to any person who appears to be intoxicated or under the influence in-fluence of intoxicating liquor. SECTION 13. It shall be unlawful un-lawful for any person, co-partnership or corporation to sell beer, to minors. SECTION 14. No dealer or wholesaler shall either directly or indirectly supply, give or pay for any furniture, furnishings, fixtures fix-tures or equipment of a retailer, nor shall such dealer or wholesaler whole-saler advance, furnish money oa pay any license of a retailer, or be financially interested either directly direct-ly or in the conduct or operation of the business of any retailer. SECTION 15. If any licensee : hereinabove described shall be convicted of any violation of any law of the State of Utah or any ordinance of Springville City relating relat-ing to the mannufacture, sale or possession of intoxicating liquor or oeer, or if in the opinion of the City Council the business is conducted con-ducted in a disorderly or improper im-proper manner, the City Council may revoke or suspend the license of any such licensee. The acts of Lhc City Council in granting, denying, de-nying, revoking or suspending any such license or licenses shall not be subject to any review whatever except for fraud or corruption or the capricious and arbitrary refusal refu-sal to exercise discretion in granting, grant-ing, denying, revolting or sus- pending" licenses. SECTION 16. No license shall be granted for the sale, service or dispensing of said beer, or, if granted, may be revoked or suspended sus-pended where such service or dispensing dis-pensing in the opinion of the City Council will be contrary to the public welfare. SECTION 17. When any information infor-mation shall come to the knowledge knowl-edge of the City Council of Springville City of any condition, circumstance, behavior or manner man-ner of conducting the business of any license hereunder which in the opinion of the said Council would warrant revocation or suspension sus-pension of the license of such licensee, li-censee, as provided in Sections 15 or 16 above, the said City Council Coun-cil shall set a date for a hearing as to the condition or circumstance cir-cumstance or of the accusations accusa-tions made against the licensee, and shall give notice of such hearing hear-ing to the licensee, whose license is involved, by registered mail, not less than five days prior to the date set for such hearing. Such licensee may appear in person or by counsel at such hearing and may present such facts and evidence evi-dence as arc pertinent to a defense de-fense of the charges made against him, or in denying, the existence of any condition or circumstance which justify the revocation or suspension of his license. SECTION IS. All licensed premises shall be subject to inspection in-spection by any peace officer and by any member of the City Council or any member of the City Attorney's office or any inspector of the City Health department during the hours when the said premises are open for the transaction trans-action of business. j SECTION" 19. Each license shall ! be displayed in - a conspicuous SECTION 5. Upon receipt of lie application, showing all information, infor-mation, data and qualifications as lercin provided, and upon receipt t the license fee as herein pro-I'iiled, pro-I'iiled, and when applying for a CIh.is "C" retail license, upon the filing of the bond required as provided pro-vided In Section 7 belnw, the City Council of Springville City may direct the City Recorder lo issue a license to such appli-:nnl, appli-:nnl, and direct the Treasurer to sstie a receipt for the fee as here-n here-n provided. SECTION 6. No license shall w issued to any person except a 'itizen of the United States of t"i"il moral character, over the 'go of twenty-one years, who has lot been convicted of any felony tnd who has not since the 2nd "y of January, 1934, been con-'Ictcd con-'Ictcd of any violation of any itate law or city ordinance of ipringville City prohibiting or reg-Hiiling reg-Hiiling the trafic in intoxicating "1'iors or becr, provided that a Icense may be issued to a co-wrtnership co-wrtnership or corporation if the "embers of said co-partnership "' the directors and officers of uch corporation, as the case may 'C. are of good moral character ml none of them have been con-'Ictcd con-'Ictcd of any felony, nor since anuary 2, 1934, have been con-ictcd con-ictcd of any violation of any law 'f the State of Utah or ordinance f Springville City regulating the "'ffic in intoxicating liquor or cor. SECTTON 7. Appl icat on for ' Jy class of retail license ;nall be accompanied by a bond J'th good and sufficient sure-les sure-les (unless a corporate surety is , fvcn in the penal sum of ;250.00, to be approved by the '"y Council, conditioned that |