Show AN ordinance relating to and prohibiting hi the sale of intoxicating liquors declaring certain rules of evi dence an pleading application to prosecutions under this act providing I 1 and punishment for the violation of any of the provisions of this ordinance and repealing sections to both inclusive of chapter revised ordinances be it ordained by the city council of tofele tooele city as follows section 1363 manufacture sale etc of intoxication liquors prohibited penalty no one by himself his clerk cleric servant employee or agent shall for himself or any other person direct ly or indirectly or upon any pretense or by an any devise except as provided in this act manufacture sell ex exchange charge t barter dispense serve give in in consideration of the purchase of any property or of any service or in in evasion of this act or keep for sale any intoxicating liquors 0 or solicit take or a accept capt any order for the purchase sale shipment service or delivery of any such liquor or aid in in i the delivery and distribution trib ution of any intoxicating liquor so ordered of shipped or owned keep or be in any way concerned engaged or employed in owning or keeping any with intent to violate any provisions of this act or authorize or permit the same to be done any person who shall manufacture sell exchange barter give away or otherwise furnish intoxicating liquors aliquo rs in violation of this section shall be deemed guilty of a misdemeanor intoxicating LIQUORS CONSTRUED section the term intoxicating liquors as used in this act shall be construed to mean any spirituous vinous fermented or malt liquor that m may be used as a beverage arid produce intoxication and all mixtures or preparations thereof that may be e used as a beverage and produce intoxication definition OF TERM S USED IN THIS ACT section A dwelling house is benned denned as a place used as a home of a family but shall not include any building in which a tavern eating house rooming house store or other place of public resort is kept A druggist or pharmacist is de fi nedas a person partnership or corporation po ration which compounds or disposes of drugs oi or medicines as a business SALE OF LIQUOR UPON prescription section any registered phar baclit may as hereinafter provided sell and furnish intoxicating liquors fox for medicinal purposes only upon the written prescription of a regularly dicing physician phy sican of 0 this state in the manner hereinafter provided the prescription shall contain the name of the person prescribed for or the quality and kind of liquor prescribed and shall be signed by the prescribing phy sican no prescription shall be filled hereunder except upon the day upon which it is dated and issued or up upon on the following day on the first day of cf april june september and january of each year the registered pharmacist phan naci st shall rile file all said prescriptions filled within the proceeding prece eding 3 months with tho the city recorder and aad a certified copy of the same or the original prescription shall be prima facie evidence in in the court such prescriptions I 1 shall at any time after having been filed be open to public inspection A fee of one dollar for each lot of prescriptions so filed shall be vald paid by such druggist to ahe city reander rec ader no prescription shall be refilled nor shall more than one quart be furnished on one prescription Not hinst in this act shall be construed to prevent druggists or registered phar mists furnishing pr or selling intoxicating liquors at wholesale to public or charity hospitals to rn medical cical or pharmaceutical colleges or to scientific SC schools or institutions all druggist or registered pharmacists shall keep a record of all sales at wholesale of intoxicating liquors showing date of site and amount and to whom sold chith record shall at all times be open to inspection of the peace officers of this city no physician shall issue a prescription except i for or a bou fide medical purpose SALE OF PATENT MEDICINES prohibited section 37 no druggist or other within ibis whal shall r se sell 1 dispose e I 1 1 of or p r give away ii any aej propriety 7 i patent g or r compound medicines ines classed by the U S comal commissioners s of 0 internal revenue as subject to ghetu S internal special tax as an intoxicating liquor medicated to render the them unsuitable as beverages except upon oie i he prescription of a licensed and practicing physician of this state DELIVER AND SALE section the delivery of intoxicating in liquors in or from a buildt building anz booth stand or other place except a private dwelling house or in or from a private dwelling house if any part thereof or its dependences is used as an inn baing house or shop of any kind or other place of common resort such delivery Ce livery in either case being to a person not a reticent resi cent therein shall be prima face evidence that such delivery is a sale SALE OF ALCOHOL AND WINES FOR SPECIAL PURPOSES PER section nothing in this act shall prohibit the sale by licensed or wholesale druggist drug gist within this city of alcohol for art scientific or mechanical purposes or wines to church officials for sacramental A record of each sale shall be made and preserved in a book kept for that purpose signed by the person receiving the same which record shall be open for public inspection no person shall purchase any such alcohol or wines for any use other than stated in this section SALE BY DRUGGIST OR pharmacist prohibited EXCEPT MEDICAL PURPOSES sec no druggist or licensed pharmacist shall within this city sell exchange barter give away or otherwise furnish for consumption on the premises in which he is licensed to dispense drugs or in any place in any way connected therewith any intoxicating liquors except for medical pur poses as herein provided U S INTERNAL REVENUE SPECIAL TAX STAMP AS EVIDENCE section the united states state 3 internal inter al revenue special tax stamp or the certificate of payment of the riven revenue special tax for the manufacture or any distilled spirits or malt mall or fermented liquors shall when posted by any person corporation firm partnership or association be prima facie evidence in the courts of such manufacture or sale by the party named within the period covered by the said special tax stamp or certificate of payment and a copy of the application for united states internal revenue stamp as described above when certified to by the united states collector of internal revenue shall be competent evidence i of the fact therein set forth prosecutions section in all prosecutions under this act it shall be necessary to state the time and place of sale but shall lot be necessary to state the kind of liquor sold nor to describe the place where sold nor to show knowledge of the principal to convict for the acts of an agent or servant provided that in case the principal pal shall show that he had no knowledge of the unlawful act or acts of his hia agent or serva servant jt such principal shall not be punished by I 1 imprisonment in as provide in section of this act any clerk servant employee employ ee or agent of any person engaged or aiding in any violation of any of the provisions of this act shall be charged and convicted as a principal NUISANCES section all places where in intoxication liquors are manufactured a sold bartered given away or otherwise furnished in violation of this act or where persons ae a e permitted to resort for the purpose of drinking intoxication liquors as a beverage in violat ioe of law or where intoxication liquors are kept for sale given away or furnishing in violation of this act and all intoxication liquors bottles glasses kegs pumps bars and other property kept in and used in maintaining such a place are hereby dec declared lAzed to be common nuisances and every person who maintains or assists in maintaining such common nuisance shall be guilty of a misdemeanor SEARCH AND seizure SEIi SEIZURE URE swim section it if the city attorney marshal vor kor policeman has probable e cause to believe that intoxicating i liquors are manufactured dr ed sold bartered given away furnished in violation of law ware orare kept for the purpose of telling selling bartering or giving away 0 or otherwise be oly tion of law it shall be the duty of such city attorney marshal or policeman forthwith to make and file with the justice of 0 the peace written information supported by his oath or affirmation that he has reason to believe that intoxication liquor is being manufactured sold bartered given away or mothr furnished or is being kept for the purpose of selling bartering I 1 giving away or otherwise furnishing in violation of law said justice shall upon finding probable cause for such information issue a search wan warrant ant directed to any peace officer of the city describing as particularly as may be the liquor and the place described in said information and the person named or described in said information as the owner or keeper or said liquor and commanding said officer to search thoroughly said place and to seize the said liquor with the vessel s containing sit itt and all implements furniture and fixtures used or kept for such illegal manufacturing selling bartering giving away or otherwise furnishing of said liquor sand to keep the same securely until final action be had thereon whereupon the said peace officer to whom such warrant shall be delivered shall forthwith obey and execute as effectually as possible the commands of said warrant wan ant and make returns promptly of his doings to sold said justice and shall securely keep all liquor so seized by him and the vessels containing them until final action be had thereon A copy of said wan warrant ant shall be served upon the per son or persons found in possession of any such intoxicating liquor furniture or fixtures so seized and if no person be found in the possession thereof a copy of said warrant shall be posted 0 on n the door of the building or room wherein the same are round if admission to such building or room I 1 I 1 is s refus edthe officer directed to serve the warrant is hereby authorized and required by law to force open the same if the place to be searched be a dwelling house in which any family resides and in which no tavern eating house grocery or other place of public resort is kept such warrant shall not be issued unless such complaint shall on oath or affirmation declare before said justice that he his has reason to believe that within one month next before the making of said information in liquors have been in vio violation la ti ion of law sold or otherwise furnished in said house or in some place appun tenant thereto by the person accused in said information or by his consent or permission no warrant lit shall issue in any case unless from facts disclosed by such information the said justice shall find that that there i is s probable cause to believe that the facts stated in said information are true the information on which said warrant is issued may be made upon information and belief PROPERTY NOT TO BE discharged section when any liquors vessels or other property properly shall have aaen seized by virtue of any such w warrant arbeen the same shall not be discharged or returned to any person claiming the same be reason of any alleged bency of di in the warrant of the liquor or pla cenor by writ of claim and delivery or other process but the claimant shall only ave the right to be heard on the merits of the case RETURNS section in the event of a seizure under said warrant the officers s shall all forth forthwith wi th make mak e a return of his acts and within forty eight hours thereafter the justice of the peace who issued the warrant shall cause to be left at the place where said liquor was seized and if slid said place be e z dwelling house store or shop post in some conspicuous place on or about sald sad building and also to be left with or at the list last known and usual place of residence of the person named or 0 T described in said information as the owner or keeper of said liquor if he be a resident of the city a notice summoning ng suc person and all others who whom M it my may concern to appear before said justice at a place and time named in said aid notice which shall not be less than five nor more thin than fifteen days after the post posting inix and leav leaving irig of said notice and show cause if any they have why said liquor together willi the vessels in which the same is contained and atter property pip perty should not be bc and nd said notice shall with reasonable certainty describe said liquor vessels and other property and shall state where when ud nd why the same were seized at the time and fixed in baid notice the persac pelsor named in said information or any pers person n claiming m ces any interest in said liau liquor 0 ri V vessels e 1 s and other property or any part thereof may appear and show cause why the same should not be forfeited forfi ted if any person shall so appear he shall become a party defendant in said case and said justic shall make a record thereof whether any person shall so appear or not said justice the time fixed proceed to the trial of said case and said complainant or either of them may and upon their default the officer having such liquor vessels or other property in custody shall appear before said justice and prosecute said information and show cause why said liquor vessels or oth other rr should be forfi feinted ted the proceedings in the trial of such case may be the same substantially as in cases of misdemeanor triable before such court it if and person shall make written plea that said liquor vessels or other property or any part thereof claimed by him was not owned or kept with intent to be sold or used in violation of law such party defendant may demand a jury to try tile the issue and it if upon the evidence presented the said jury or justice as the case may be shall by verdict find that said liquor ves els or other pr perty was waa when metz id ed owned or kept by any person pen on whether aid party defendant or not f for or the pur loae of being sold old or used in violation of roe a aw the said bald ju tico shall render judge ment anent that baid liquor vessels or other property or any part thereof is forfi forfeited ted it iou ou be ine birde de defendant lu in m mannet manner an nog aarti ai ornald ald or it if judgement Jud gement be in I 1 favor alor al or ot of all ait the who appear and art tude t toen tn the cult cwt ut of the alun bv P anid id ai air in ordinary ci imlig I 1 tj ailtie AIl tle fallbom alib it shull aliski be otil one aart party deleuran de leudan appu appealing ming as an aforesaid ato renald he so aall be adjudged adjudge ti to pay all costa coma of P lu in tim tie elzure and delen tiou or r IJ aquor c claimed aimed by him and trial up to the lime of judgement Jud gement shad khail he be against more thau one dependant deien deit dant claiming dla interest luter rBt in said liquor then the co coot ot of bald proceedings an trial shall bo be ae cordler to the di discretion ol oi slid sid justian equitably au apportioned portioned among sala eula clefus dauta for thu the amount of cost coat so BO adjudged against aal them dit LION of PROPER I 1 Y whenever it shall be finally decided that the liquor vessels or other property soiled seized as aforesaid Is for filed t the court rendering final judge ment ot of for forfeiture felLure shall hall issue to the Wrt watten ten orde directing him forth aliu to destroy said liquor or and ther vate to make re urn of said order to lu tho court i whence issued with his hl deluis endorsed thereon whenever it ati be ba finally decided that an liquor oo 00 0 o seized vessels ven nelo or other dio perty conot la not liable 10 0 fur surfeit feit ure the aliu court by whom such buch final duel deel 2 shall ahall bo be gendered len ien dered ishall issue a written |