Show Utah Town Wipes Out Its Dry Laws Helper Council Also Moves to Allow Licensing Licensing Licensing Licens Licens- ing of 32 Beer t t. t The Tb ram HELPER July 28 Anticipating 28 Anticipating an early death for state state prohibition this little Carbon county mining camp stepped forward today to become the first Utah city to repeal its bone dry ordinances Eager for new revenue the city council then set to work to provide ordinances which would allow collection collection tion of ot licenses for 32 beer Th The action was taken by the council council coun coun- cil cit at its regular meeting last night nigh when its members me-mb me rs announced they were bowing to public sentiment and wiped the statute books clear o of city ordinances prohibiting possession manufacture or or- or orale sale ale of Intoxicating liquor Circumventing the bone bon dry dry section sec see lion tion of ot the state constitution the council then instructed City Attorney Thorit Hatch to prepare an ordinance which would allow collection of licenses li lie censes for all beverages containing as much as 12 2 of 1 per cent of alcohol alcohol alcohol al al- al- al cohol by volume which under the thel phrasing would embrace the new decimal brew Mayor Frank rank R. R Porter explained the city officials acted to make Helpers Helper's ordinances conform with legislation passed by congress and by bythe bythe bythe the state legislature We also are arc falling In line linc with the desires of President Roosevelt he said The ordinances ordinance repealed by the councils council's resolution specifically prohibited prohibited pro pro- possession manufacture transportation and sale of all beverages beverages bever bever- ages containing in excess of ot 2 1 of 1 per cent alcohol by volume conforming conform conform- ing with the state prohibition amendment amendment amend ment and made violators guilty of misdemeanor City officials explained the phrasing phrase jug ing of the beer revenue ordinance I will provide Helper with considerable considerable consider consider- able abl new revenue without conflicting of the with the bone boric dry provision constitution or state enforcement stat stat- utes The proposed ordinance it was pointed out will be drafted to provide pro provide vide a severe penalty for any person who is apprehended for foi selling transporting transporting trans porting or possession any beverage containing as m much mirth ch as 12 2 of 1 per cent of alcohol by volume without first having obtained a license to sell ell it SUBMITS OPINION City Attorney Hatch submitted the following legal opinion on the proposed pro posed license ordinance The Utah state statutes provide that the manufacture sale keeping or or storing for sale or offering or ex ex- Continued on Pars Pan Two o HELPER WIPES OUT DRY LAWS Continued foia F P ge e One posing posing for for sale or or importing carrying carrying carry carry- in ing transporting advertising distributing distributing giving away exchanging dispensing dispensing dis dis- dis or serving servin of liquors are forever forever for for- forever ever prohibited in the state stat and the statute defines intoxicating liquors as all beverages es containing in excess of 2 1 of 1 per cent of alcohol by vol ume Helper city could not legally If 11 II cense any acts which are arc prohibited by the state stale law The tate state law does not prohibit the sale of f all alcoholic beverages but only those containing in excess of 12 2 of at 1 per cent of alcohol al ai cohol by volume therefore a t city ordinance licensing the sale of all beverages containing as much as 2 1 of 1 per cent of alcohol by volume would not be licensing any acts which are art prohibited by the present state law and that such an ordinance would probably bring ins into Helper city treasury treas treas- treasury ury considerable revenue from licenses li 11 censes for the sale of all beverages containing as much as 2 1 of 1 percent per percent percent cent of alcohol by volume |