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Show AN okIHA K AN OUliiNANCE PROVIDING FOR T.'ii: LICENSING. REGL"-LATION REGL"-LATION AND CONTROL OF BEE it CONTAINING IN EXCESS OF ONE-HALF OF ONE PER CENT I'M OF ALCOHOL BY VOLl'ME AND NOT TO EXCEED EX-CEED 3.2 PER CENTUM OF ALCOHOL BY WEIGHT AND ! PROVIDING PENALTIES FOR , THE VIOLATION THEREOF. Be it ordaint-d by the City Council of St. George City, Utah: Section 1 It shall be unlawful unlaw-ful for any person to engage in ihi. business of a wholesaler or retailer of beer within the corporate cor-porate limits of St. George City without first having procured a license therefor from the City C-juncil of St. George City as hereinafter provided. Section 2 The word "beer" as used in this ordinance means any beverage obtained by alco-ho'ic alco-ho'ic fermentation of an infusion or decoction of barley, malt, hops, and other ingredients in drinkable water and containing in excess of one-half of one pe.-centum pe.-centum of alcohol by volume and not more than 3.2 per centum of alcohol by weight. The word "retailer" means any person engaged in the sale or distribution of beer to the consumer. con-sumer. The word "wholesaler" means any person other than a brewer engaged in the distribution of beer in wholesale or jobbing quantities to retailers. Section 3 Linceses issued hereunder shall be of the following follow-ing kinds and shall have the following fol-lowing privileges: Class "A" retail license entitles entitl-es the licensee to sell beer in the original bottles 'having the label of the maker thereon for consumption con-sumption off the premises. Class "B" retail license entitles the licensee to sell beer in the original bottles having the label of the maker thereon for consumption con-sumption on the premises and to all the privileges granted to the holder of a Class "A" retail license. Class "C" retail license entitles the licensee to sell beer on draft for consumption on or off the premises and to all the privileges granted to holders of Class "A" and "B" retail licenses. A wholesale license entitles the licensee to sell beer to retailers for resale but shall not entitle him to any of the privileges granted to the holders of Class A, B, or C retail licenses. Section 4 Application for a license to engage in the business of a wholesaler or retailer of beer within the corporate limits o? St. George City shall be made in writing under oath on forms provided by the City Council or such persons as it may delegate and containing such informatior as the City Council may require. ' Section 5 No license shall be issued to any person except a citizen of the United States of good moral character, over the age of 21 years, who has not been convicted of any felony and who has not, since the second day of January, 1934, been convicted con-victed of any violation of any State law or city ordinance of St. George City prohibiting or regulating the traffic in intoxicating intoxicat-ing liquors or beer, provided that a license may be issued to a copartnership co-partnership or corporation if the members of said co-partnership or the directors and officers of such corporation, as the case may be, are of good moral character and none of them have been convicted con-victed of any felony, nor since January 2, 1934, have been convicted con-victed of any violation of any law of the State of Utah or ordinance ord-inance of St. George City regulating regu-lating the traffic in intoxicating liquor or beer. Section 6 Said application, if for a Class "A," "B", or "C" retail re-tail license shall be accompanied by a bond with two good and sufficient sureties (unless a corporate cor-porate surety is given) in the penal sum of $250.00 to be approved ap-proved by the City Council of St. George, conditioned that such retailer will faithfully comply with the laws of the State of Utah and the ordinances of St. George City and in particular all laws and ordinances relating to tho sale, keeping or dispensing of intoxicating liquors or beer. A separate bond shall be given for each place where beer is to be sold. Section 7 Any license issued pursuant to this ordinance shall be available only to the person, co-partnership or corporat ion 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 St. George City Council and the payment of a $5.00 transfer fee. Section 8 All applications shall be accompanied by the yearly fees hereinafter set out. provided, however, that an applicant appli-cant may apply for a license for the period January 1st to June 30th or the period July 1st to ; December 31st of any year for lor.e-hnlf the yearly fees herein spee:::ed. I The v-arly license fees for the re-tailing or w holesaling of bee: ha'A be as follows: j For a Class "A" retail Iicens--, J16.00. For a Class ' B" retail license. $35.00 Fir a Class "C" retail license, $75.00. For a wholesa'e license, $75.00. All licenses issued hereunder, if for the yearly fees above enumerated, en-umerated, shall expire on December Decem-ber 31st of the year in which the same are issued, or if for one-half one-half the yearly fees above enumerated enum-erated shall expire on June 30th of the year in which the same are issued, if issued on or prior to June 30th of said year, and on December 31st of the year in which the same are issued, if issued is-sued after June 30th of said year. Section 9 No person shall sell, dispense, furnish or give away beer at any public 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 in-clude all adjacent rooms opening open-ing directly or indirectly upon the dance floor, but such term shall not include a cafe, cabaret or hotel. No person shall sell, dispense, furnish or give beer to any person per-son who appears to be intoxicated or under the influence of intoxicating intoxi-cating liquor. Section 10 No dealer or wholesaler whole-saler shall either directly or indirectly in-directly supply, give, or pay for any furniture, furnishing, fixtures fixtur-es or equipment of a retailer, nor shall such dealer or wholesaler advance, furnish money or pay for any license of a retailer, or be financially interested either directly di-rectly or in the conduct or operation opera-tion of the business of any retailer. retail-er. Section 11 If any licensee herein above described shall be convicted of any violation of any law of the State of Utah or any ordinance of St. George City relating re-lating to the manufacture, sale or possession of intoxicating liquor or beer, or if in the opinion- of the City Council the premises are not maintained in a sanitary condition, con-dition, or if, in the opinion of the City Council the -business is conducted in a disorderly or improper im-proper manner the City Council may revoke or suspend the license li-cense of any such licensee. The acts of the City Council in granting, denying, revoking or suspending any such license or licenses shall not be subject to any review whatever, except for fraud or corruption or the capricious cap-ricious and arbitrary refusal to exercise discretion in granting, denying, revoking or suspending licenses. Section 12 No license shall be granted for the sale, service or dispensing o said beer, or if granted, may be revoked or suspended sus-pended where such services or dispensing in the opinion of the City Council will be contrary to the public welfare. Section 13 Ail licensed premises prem-ises shall be subject to inspection by any peace officer and by any member of the City Council or any member of the city attorney's office or any health officer during the hours when the said premises are open -for the transaction of business. Each license shall be displayed in a conspicuous place on the premises at all times. Section 14 No licensee hereunder here-under shall knowingly employ in connection with his business in any capacity whatsoever any person per-son who, since January 2, 19 3 4. has been convicted of the violation viola-tion of any law of the State of Utah or of any ordinance of St. George City relating to the traffic traf-fic in intoxicating liquor or beer. Section 15 Any person who shall engage in the business of a whole-saler or retailer of beer within the corporate limits of St. George City without having an appropriate license therefor from St. George City, or whose license issued by St. George City has been revoked, suspended or cancelled, can-celled, or who shall violate any provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $299.00. or by imprisonment in the city-jail city-jail for a term not exceeding six months or by both such fine and imprisonment. Hectic n 16 In the opinion oi the City Council, it is necessary to the peace, health and safety of the inhabitants of St. George City that this ordinance become effective ef-fective immediately. Section 17 This ordinance shall take effect January 2, 1934. Passed by the City Council of St. George City, Utah, the 2Sth day of December, A. D., 1933. Approved this 28th day of December, De-cember, A. D. 1933. JOHN T. WOODBURY. Jr. Mayor. ATTESTATION STATE OF UTAH ) )S3 COUNTY OF WASHINGTON) I, George E. Miles, the duly elected, qualified and acting city recorder of the city of St. George, Utah, hereby attest that the above and foregoing ordinance was duly and regularly passed at a meeting of the City Council of St. George, Utah, on the 2Sth day of December, 1933. G. E. MILES (Seal) City Recorder. |