Show LIQUOR ORDINANCE to in old mince ace to define prohibit pio hibit lubit and le xe gulite the sile wile s ile manufacture use advertising of possession ol 01 or toffic in intoxicating liquor malt or brenec drinks providing faits enforcement eaf 01 cement and providing penalties ind it lem emedies edies for its vio I lotion and repe ahn 1 a all ordinances and provisions pio pi 0 visions of ox finances oldin din ances in conflict aith the provisions of this ordinance i 33 be it 01 old lined by the city council of the cita of st george utah section I 1 objects this ordin ance shall be liberally construed for the purpose of protection of public health peace and morals of the in habitants of the city of st george section 2 definitions the word liquors as used in this ordinance shall be construed to embrace all ler fer U invented malt vinous or spirituous liquors alcohol wine porter ale beer absinthe or any other intoci drink mixture or preparation of like nature and all malt or brewed drinks and all liquids mixtures or preparations whether patented or not which will produce intoxication fruits preserved in alcoholic liquors of any kind and all beverages containing tain ting in excess of one half halt of one pe per of alcohol by volumn shall be deemed spirituous liquors and shall be embraced la in the word liquors as hereinafter used in this ordinance and all mixtures compounds of preparations whether liquid or not which ara are intended when mixed with water or otherwise to produce by fermentation or otherwise an intoxicating liquor shall also ba be deemed to be embraced within such term the word person wherever used in this ordinance shall be construed to mean natural persons arms firms co partnerships corporations and all associations of natural persons whether acting by themselves or by a servant agent or employee A druggist or pharmacist tor for the purpose of this ordinance la Is de fined as a person who Is actually and in good faith engaged in the wholesale or retail drug business and licensed to compound and dispense drugs or medicines the words warehouse manager whenever used in this ordinance shall be construed to mean the bonded dis die at wholesale sale of alcohol as is provided tor for in chapter 2 laws ot at utah 1917 1017 section S 3 prohibitions except as hereinafter provided the manufacture sale keeping or storing tor for sale in this city or offering or exposing tor for sale or importing carrying transporting advertising distri distribute but ing giving away exchanging dis bensing or serving ot of liquors are forever prohibited in this city and it shall be unlawful tor for any person within the corporate limits ot of the city of st george knowingly to have in his her or its possession any intoxicating liquors except as in this ordinance provided sec see 4 penalties any person convicted of violation of at any of the provisions of this ordinance shall be deemed guilty ot of a misdemeanor and where the punishment is not herein specifically provided shall be punished by a fine of not less than fifty dollars 60 50 00 or more than two hundred and ninety nine dollars 00 or by imprisonment in the city jail not less than thirty days or more than six months or by both such fine and imprisonment section 5 drinking liquor in public places any person who shall in any street or alley public place store restaurant hotel lobby or parlor in or upon any passenger coach street car or other vehicle commonly used for the transportation of 0 pas or in or about any depot platform waiting room or station room or any public gathering within the limits ot of the city ot of st george drink any intoxicating liquor ot of any kind or who shall be drunk or inton within the corporate limits ot of bald said city shall be deemed guilty oi of a misdemeanor section 6 sales and shipments ft al hen authorized none of the provisions ot at this ordinance shall be construed to in any way abridge or be contrary to the prescribed rules and regulations made by the governor or the attorney general ot of the state ot of utah in relation to the sale of alcohol im for scientific and manufacturing pur poses only nor to any authorized sale bale made by any warehouse manager appointed or designated by the governor ot at the state of utah or to the eale sale ot of denatured alcohol by some process approved by the united states commissioner of internal revenue see boo I 1 permits at wholesale alcohol may be purchased at fit wholesale only by druggists hospitals scientific and manufacturing institutions within the city of st george and only from a warehouse manager and on writing permit as provided by law section S 8 WhOle wholesale oale shipments any person authorized to chip aico alco ks h fw AJ 19 14 dat ci gf t shipment indelibly on tags or label band and accurate record of all shipments and sales of alcohol must be kept by the druggist and a duplicate ot of the report required to be made to the at torney general on the let 1st day of each and every month shall be made by the city attorney giving the date and number of the shipment as shown by the tag or label quantity of alcohol sold or shipped name and address of the purchaser and the means and biroute j route of delivery any person fall ing to report such sales and ship ments or falsely mal ing any record or report rt shall be deemed guilty of a misdemeanor section 9 permits to purchase Pui chase and dispose Di pose of alcohol alcohol may be purchased dispensed and us ed by druggists hospitals scientific and manufacturing institutions and persons in conformity with sections i 7 and 8 chapter 2 laws of utah 1917 as far as they apply to cities and city officers and in no other man ner and all the provisions of said sections therein contained relating to the issuance ot of permits require ments merits of druggists and justices of the peace shall be made applicable to the city druggists within th the corporate limits of the city of st george section 10 use of preparations and all extracts essences medicines or any preparation contain ing in excess of one half halt of one per cent by volume of alcohol which can be used as a beverage shall not be sold or furnished by druggists or other dealers or persona persons A signed no tice ties in writing served upon the city justice or any druggist or other dealer or person by a peace officer or by the wife husband sister brother son daughter or mother of any minor or person informing the justice druggist or other dealer or person that the applicant or purchaser la is intemperate or addicted to the use of any narcotic drug Is a minor an indian or a person of unsound mind shall be prima facie evidence of such fact and the justice who shall issue a permit to buy alcohol and any parson person who shall sell any liquors or preparations mentioned in this section for or six months thereafter to such debar red person as such notice has been served without a hearing having been had to detert nina the facts shall be deemed guilty of a misdemeanor A conviction of the justice under this section shall also be a forfeiture of his office and the mayor shall im fill 11 by appointment by and with the advice ot of the city coun ell such vacancy in case of a notice served as aforesaid a hearing thereon shall be held by the city justice upon the petition of the applicant for liquor every informant serving notice as aforesaid shall be subpoenaed to appear and testify at such hearing and be given an opportunity to pro duce any evidence therein provided any peace officer relative or person described herein may take a change of venue to any justice of the peace within the county of washington section 11 manufacture and sale vinegar and alcohol non I 1 on intoxicating cider and food I 1 reparations sale of jamaica ginger or like substances forbidden exceptions the provisions of this ordinance shall not by ber construed to prevent any temperate person from manufacturing vinegar or preserved non intoxicating cider for use or sale or to prevent the manufacture of 0 pure alcohol for sale to the ware house manager only or tor for shipment out of the state provided that any person who may engage in the he manu facture of vinegar vi preserved nou non in cider or alcohol tor for sale as herein provided shall before commencing tha the manufacture thereof first obtain a permit from the attorney general by filing an affidavit to the effect that said permit la Is for the purpose of the manufacturing as herein provided and said person en therein shall render to the city attorney of the city of st george a duplicate copy of the quarterly state ment under oath required to be turn dished to the attorney general giving such facts as shall be called tor for by the attorney general and setting forth the amount of all such vinegar preserved non intoxicating cider or alcohol manufactured amount sold to warehouse managers and the amount shipped out of the state or to prevent the manufacture or sale for lawful purposes of any food pre pa caration par atlon ration or any united states phar macoe pia or national formulary torm prep in conformity with the utah pharmacy laws which preparation conforms ca to a standard established by the state chemist and contains no more alcohol than la Is absolutely necessary to extract the medicinal flavoring or perfume properties of at the drug oil sap or other substance and to preserve the same and which substance is manufactured and sold as medicines flavorings extracts es bences tinctures perfumes or other similar products tor for legitimate and lawful purposes and not as beverages provided that it shall be unlawful for or any person to manufacture or it er does ci 2 th 1 07 1 sence or tincture of 0 jamacia ginger at 01 any like substances and provided further that any preparation eon con taming in excess of one halt half of one per of alcohol by volume and nelch Is shown on analysis by the state chemist can be used as a bev shall not be sold or to pre vent the manufacture or sale of wood or denatured alcohol under the rules established by the governor and in compliance with the formulas and rules established by the united states or to prevent the importation of wines for sacramental purposes only only by religious bodies in the same manner as provided by section 6 chapter 2 laws of utah 1917 section 12 liol eity used in xi i of this let declared common Auis nuisances ances all premises buildings vehicles boats and all other places where intoxicating liquors are manu sold bartered kept stored or given away or used in violation of law or persons are permitted to resort for the drinking of inton liquors as a beverage or iv here inhere intoxicating liquor are kept tor for use sale barter or delivery in vi elation of law and all intoxicating liquors bottles glasses kegg kegs pumps bars and other property kept in and used in maintaining such premises buildings vehicles boats or other places are hereby declared to be common nuisances and any person who maintains or assists in main any such common nuisance shall be held guilty of misdemeanor section 13 injunction and abate meat by suit whenever a nuisance Is kept maintained or exists as dealu ed in this ordinance or as defined in chapters chapter 2 ot of the laws of utah 1917 relating to the prohibition of the sale of intoxicating liquors it is he e by made the duty othe city attar hey to bring an action to enjoin and abate the same by suit in equity as provided by chapter 99 las lame of ut ah 1913 for the abatement of corn cam mon man nuisances or if any person shall be convicted of maintaining any such nuisance as herein defined it la Is here by made the duty of the city attorn ey to bring an action in a court of competent jurisdiction to secure an injunction perpetually enjoining said person from maintaining such nuis ance upon such conviction the city attorney shall proceed against the property used in keeping and maintaining such nuisance in a court of competent jurisdiction as provided in chapter 89 99 lawa laws of utah 1913 section 14 owner Fal fallisi livi to abate nuisance penalty any one who knowingly permits any building or premises owned or leased by him or under hia his control or any part thereof to be used in maintaining a common nuisance as defined denned in this ordinance or who after being notify ed in writing of the prosecuting of fleer or officers or citizen of such use omits to take all proper moa measures either to abate said nuisance or falling therein to eject the person or persona persons so using the same shall be deemed guilty of assisting in the maintaining of such nuisance section 15 search and e duties of officers reports to be made hade it any city officer or other person has probable cause to believe that liquors are possessed aured sold bartered given away or otherwise furnished in violation of at this ordinance or are kept for the purpose of selling bartering or giving away or otherwise furnishing in violation of law it shall be the duty of any such officer or person forth with to make and file with the justice of the peace written information supported by his oath on affirmation that he has information of and reason to believe and does believe that this ordinance is being violated at A 6 certain place stating the facts within his knowledge and upon which he bases his ballet belief and he shall de scribe as particularly as may way be the place and the name of the persons it if known participating in such ful act the justice of the peace upon finding probable cause to believe that the acts facts stated in such information are true shall issue a search warrant directed to any peace officer in the city whom the complainant may des ignate describing as particularly as may be the liquors and the place described in said information and the persons named or described in said information as the owners or keepers ot of said place and on finding liquors in unlawful possession or use to ir rest persons found therein and bring them before said court and to seize the said liquors with the vessels containing them and all the implements furniture and fixtures used or hept kept for such illegal acts and keep the same securely until final anal action be bad had thereon whereupon the said officer to whom such warrant shall be deliver ed shall forthwith obey and execute as effectively as possible the corn cam mands of said warrant and make return promptly of his doings to said judge or justice with an itemized in centory ot of all liquors and property or ang 1 ivl ao 4 a 14 of all 1 persons in whose possession the same were found if any and it no person be found in possession of said liquor or property his return shall so state and said officer shall securely keep all liquor and other things so seized by him until anal f nal action is had there on A copy of said warrant shall be served upon the person or persons found in possession of any such liquors furniture or fixtures so seiz ed and it if no person be found in pos pas session thereof a copy of said war lant shall be posted in a conspicuous place on the building or room where in the same are found it if admission to such building or room is refused the officer directed to serve the war i ant is hereby authorized and re quiren to force open the same it if fluids are poured out or otherwise de destroyed troyed by any tenant assistant or other person when the premises are searched or about to be searched apparently for the purpose of pre venting their seizure said fluids shall be held to be prima facie intoxicating liquors and intended tor for unlawful use ale barter exchange or giving away any peace officer who shall make a seizure of liquors or any other prop erty under the provisions of this or denance shall forthwith report in writing on forms supplied by the at torney general such act together with detailed information as to the property seized and persons arrested with the address of the place from which said property was seized to the |