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Show Statefiouse Report Law Officers Move With Caution Against Clubs Without Licenses BY C. SHARP Law enforcement officers are proceeding with caution toward closing down liquor-locker liquor-locker clubs which did not apply for new licenses by the deadline of July 14 and may still be operating. Approximately 80 of the stale's 120 previously chartered chart-ered nonprofit clubs met the deadline. Twenty - eight restaurants have filed applications to operate mini - bottle liquor stores on their premises. The Liquor Control Commission Com-mission has six months to act upon the applications. It may complete investigations and grant some licenses soon, Grove L. Cook, chairman, chair-man, said. Resistance Expected The reason law officers are moving slowly to enforce the new laws is that they expect strenuous efforts to break any prosecution and to obtain ob-tain speedy dismissal of any legal action against the clubs. "Airtight" cases which will tend to clear the air and make for easier enforcement enforce-ment later, therefore, are being be-ing sought. The State Supreme Court moved speedily July 1G in vacating an oxtrordinary writ granted Sunday July 13 preventing enforcing the law against 27 privale clubs. Chief Justice J. Allen Crockett Cro-ckett and Justices R. L. Tuckett and A. H. Ellett voted for summary dismissal dismiss-al of the writ. Justice F. Henri Henroid who issued the writ dissented. Justice E. R. Callister Jr. abstained from voting. Asked "Long" Writ Former Atty. Gen. Phil L. Hansen who had obtained the writ for the clubs, urged that it should be continued until constitutionality of the new laws is determined. Deputy Atty. Gen. Robert B. Hansen argued for the state. He said the writ, obtained ob-tained on Sunday at deadline dead-line time, would condone do-lay do-lay by the clubs in complying comply-ing with the laws of which they were fully aware. Meanwhile Third District Judge Joseph G. Jeppson was to conduct a hearing Wednesday at 2 p.m. on a suit also filed July 13 by Phil Hansen for the 27 locker lock-er clubs. This suit contends that the new liquor laws violate both the state and federal constitutions. con-stitutions. Demands Particulars Robert Hansen has asked for a bill of particulars stating stat-ing in what way Phil Hansen contends the laws are unconstitutional. un-constitutional. Gov. Calvin L. Rampton said in a press conference July 17 that the court actions act-ions haven't impeded the liquor laws significantly. He said the state enforcement enforce-ment arm with a staff of ex perienced police officers under un-der Robert E. Carver should be functioning by August 1. Until then, county sheriffs' offices and city police departments de-partments have responsibility responsibil-ity for closing down clubs in violation, he said. County attorneys at-torneys are to prosecute such cases. "Generally" Constitutional Rampton said he would not have signed the liquor laws if he had not considered them "generally" constitutional. constitu-tional. ' He pointed out that if a large number of additional restaurants apply for mini-bottle mini-bottle agencies, this may exhaust ex-haust the quota fixed by law. If the state has to reject some equally qualified restaurant res-taurant applicants his could lead to constitutional difficulties, diffi-culties, he said. But even if the seven-member seven-member advisory citizens council given quasi-judicial investigative f u n c t i on; should bo knocked out, the result would not be too serious, ser-ious, he said. Utah County's Commission, Commis-sion, meanwhile, has decided de-cided against granting additional addi-tional private club or restaurant res-taurant mini - bottle agencies. agen-cies. Citie Cart Approve This does not apply to cities ci-ties within the county which could approve licenses. |
