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Show AN ORDINANCE An ordinance to define, prohibit and regulate the aale, manufartore, use, adrer-Usin- g of, possession of or traffic in intoxicating liquor, malt or brewed drinks, providing for its enforcement and proriding penaiUea and reme- -' dies for its violation and repealing all ordinance and provisions of rdi nances in conflict with the provisions of this ordinance. - Be It ordained by the City Council of Kayarille City, Utah: Section 1. Objects. This ordinance shall be liberally construed for the purpose of protection of public health, peace and -.morals of the inhabitants of . Kaysviile City. Section 2, Definitions. The word liquors as used in this ordinance shall be construed to embrace all fermented, malt, vinous or spirituous liquors, alcohol, wine, porter, ale, beer, absinthe, or any other intoxicating drink, mixture or preparation of like nature, and all malt or brewed drinks; and all liquids, mixtures or preparation!, whether patented or not. which will produce intoxication; fruits preserved in alcoholic liquors of any hind; and all beverof one per eentum of alcohol by column, ages containing in excess of "sMTTte flefmedl&pTrffuous liquors, and sallbeembracedin the Word" liquors as hereinafter used in this ordinance; and all mixtures, compounds of preparations, whether liquid or not, which are intended when mixed with water, or otherwise, ro produce, by fermentaUon or otherwise, an intoxicating liquor, shall also be deemed to be embraced within such tem. The word "person whereyej used in this ordinance shall be construed to mean natural persons, firms, corporations, and all associations of natural persons, whether acting by themselves or by a servant, agent or employee. A druggist or pharmacist for the purpose of this ordinance is defined 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 dispenser at wholesale of alcohol as Is pro. vided for in Chapter 2, Laws of Utah, 1917. Section 3. Prohibitions. Except as hereinafter provided, the manufacture, sale, keeping or storing for tale in this city, or offering or exposing for sale, or importing, carrying, transporting, advertising, distibuttog, giving away, exchanging, dispensing or serving of liquors are forever prohibited in this city; and it shall be unlawful for any person within the corporate limits of Kaysviile City, knowingly to have in hip, her or its possession, any intoxicating liquors except as in this ordinance provided. Section 4. Penalties. Any person convicted of violation of any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and where the punishment therefor ia not herein specifically provided, ahall be unished by a fine of not less than fifty dollars ($50.00), or more than two E undrod and ninety-nin- e dollars ($299.00), or by imprisonment In the city months, or by both such fine jail not less than thirty days or more than six ' and imprisonment. Section 6. Drinking Liquor in Public Places. Any person viho shall in any street or aliey, 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 passengers, or io or about any depot platform, waiting room or station room or any public gathering within th limits of Kaysviile City, drink anv intoxicating liquor of any kind, or who shall be drunk or Intoxicated within the corporate limits of said city, ahall be deemed guilty of i' a misdemeanor. Section 6. Sales and Shipments When Authorized. None of the provisions of 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 of the State of Utah in relation to tha aale of alcohol for scientific and manufacturing purposes only, nor to any authorized aale made by any warehouse manager appointed or designated by the Governor of the State of Utah, or' to the sale or denatured alcohol by some process approved by th ' United States Commissioner of Internal Revenue. Section 7. Permits at Wholesale. Alcohol may be purchased t wholesale only by druggists, hospitals, scientific and manufacturing institutions within Kaysviile City, and only from a warehouse manager and on written permit as provided by law. Section 8. Wholesale Shipment. Any person authorized to ship alcohol shall fill in the actual date of shipment indelibly on tags or labels and accurate record of all shipments and sales of alcohol must be kept by' the druggist and a duplicate of the report required to be made to the Attorney General on the first 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 route of delivery. Any person failing to report such sales and shipments or falsely making any record or report shall be deemed guilty of a misdemeanor. Section 9. Permits to Purcnaae and Dispose of Alcohol. Alcohol may be purchased, dispensed and used by druggists, hospitals, scientific and manufacturing institutions and persoirs to conformity with Sections 7 and 8, Laws of Utah, 1917, as far as they apply to cities and city officers, and in no other manner; and all the provisions of said sections therein contained, relating to the issuance of permits, requirements of druggists and justices of the peace, shall be made applicable to the city justice and druggists within the corporate ' limits of Kaysviile City. Section 10. Use of Preparations and Extracts. All extracts, essences, of one per cent medicines or any preparation containing In excess of one-ha- lf . by volume of alconol, which can be used as a beverage, shall not be sold or furnished by druggists or other dealer or persons. A signed notice in writing served upon the city justice or any druggist or other dealer or person, or by a peace officer or by the wife, nusband, 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 is intemperate or addicted to the use of any narcotic drug, is a minor, an Indian or a person of unsound mind, shall be prims facie evidence of suen fact, and the justice who shall Issue a permit to buy alcohol and any person who shall sell any liquors or preparations mentioned in this section, for six months thereafter, to such debarred person as such notice has been served, without a hearing having been had to determine 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 immediately fill, by appointment by and with the advice of the city council, 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 produce any evidence therein provided any peace officer, relative or person described herin, may take a change of venue to any justice of the peace within the county of Davis. Section 11. Manufacture and Sale. Vinegar and Proprietaries, Alcohol, Cider, and Food Preparations. Sale of Jamaica Ginger or The provisions of this ordinance Like Substances Forbidden. Exceptions. shall not be construed to prevent any temperate person from manufacturing cider for use or aale; or to prevent the vinegar or preserved manufactue of pure alcohol fox aale to the .warehouse manager only. or for shipment out of the State; provided, that any person who may engage in the cider or alcohol for sale, manufacture of vinegar, preserved as herein provided, shall before 'commencing the manufacture thereof first obtain a permit from the Attorney General, "by filing an affidavit to the effect that said permit is for the purpose of the manufacturing as herein provided; and said person engaged, therein shall render to the City Attorney of kaysviile City a duplicate copy of the quarterly statement under oath, required to be furnished to the Attorney General, giving such facts as shall be called for by the Attorney General, and setting forth the amount of all such vinegar, precider or alcohol manufactured, amount sold to wareserved house managers and the amount shipped out of the State; or to prevent the manufacture or sale for lawful purposes of any food preparation, or any United States pharmacoepia or national formulary preparation in conformity with the Utah pharmacy laws, which preparation conforms to a standard established by the State Chemist, and contains no more alcohol than is absonecessary to extract the medicinal, flavoring or perfume properties of - lutely the drug, oil, sap or other substance and to preserve the same; and which substance is manufactured and sold as medicines, flavoring, extracts, essences, tinctures, perfumes, or other similar products for legitimate and lawful pur- -' poses and not as beverages; provided, that it shall be unlawful for any person to manufacture or sell or otherwise dispose of the essence or tincture of Jamaica Ginger, or any like substances: and provided, further, that any prep lf of one per centum alcohol by volume, aration containing in excess of and which is shown on analysis by the State Chemist, can be used as a bey erage, shall not be sold; or to prevent the manufacture or sale of wood or denatured alcohol under the rules established by the Governor, and in com pliance with the formulas and rules established by the United States; or to prevent the importation of wines for sacramental purposes only, by religious bodies, in the same manner as provided by Section 6, Chapter 2, Laws of ; one-ha- lf -- , i ng ng one-ha- Utah, 1917. Section 12- - , Property Used In Violation of This 'Act Declared Common Nuisances. All premises, buildings, vehicles, boats and all other places where intoxicating liquors are manufactured, sold, bartered, kept, stored or given away, or used m violation of law, or where persons are permitted to resort for the drinking of intoxicating liquors as a beverage, or where intoxicating liquors are kept for use, sale, barter or delivery, in violation of law, and all intoxicating liquors, bottles, glasses, kegs, Dumps, 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 atisteto.atotaimng anyauch common .nuisance,- shall be -- hold guilty, of: a misdemeanor., Section 13. Injunction and Abatement bjr'SIuLWhenver a nuisance is kept, maintained or exists, as defined in this ordinance or as defined in Chapter 2 of the Laws of Utah, 1917, relating to (the prohibition of) the sale of intoxicating liquors, it is hereby made the'duty'of the City Attorney to bring an action to enjoin and abate the same by suit in equity as provided by Chapter 99, Laws of Utah, 1913, for the abatement of common nuisances, or if any person shall be convicted of maintaining any such nuisance as herein defined, it is hereby made the duty of the City Attorney to bring an action in a court of competent jurisdiction to secure an injunction, perpetually enjoining said person from maintaining such nuisance. 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 -- v yiar sv-tr- r - in Chapter oj Laws of Utah, 1913. Section 14. Owner Failing to Abate Nuisance. Penalty. Any one who knowingly permits any building or premises owned or leased by him, or under his control, or any part thereof, to be used in maintaining a common nuisance, as defined in this ordinance, or who, after being notiied in writing of tae prosecuting officer or officers, or citizen of such use, omits to take all proper measures, either to abate said nuisance, or, failing therein, to eject therefrom the person or persons so using the same, shall be deemed guilty of assisting in the maintaining of such nuisance. Section 15. Search and Seisure. Dutieaof Officers. Reports to be Made. If any City Officer or other person has probable cause to believe that hquors are possessed, manufactured, sold, bartered, given away or otherwise furnished in violation Of this ordinance, or are kept for the purpose of selling, bartering, or giving away or otherwise furnishing in violation of lave, it shall be the duty of any such officer or person forthwith 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 certain place, stating the facts within his knowledge and upon which he bases his belief: and be shall describe as particularly as may bis the place, and the name of the persons if known, participating in such unlawful act. The Justice of the Peace, upon finding probable cause to believe that the facts slated jo. sue h information artrm, shall Issue a search warraatilirggted ormaUon, and the persons owners or keepers of said place, and on finding liquors in unlawful possession or use, to arrest persons found therein and bring them before said court; and to seize the said liquors with the vessels containing them and all the implement, furniture and fixtures used or kept for such illegal acts, and keep the same securely until final action be had thereon. Whereupon the aaid officer to whom such warrant shaB be delivered shall forthwith obey and execute as effectively as possible the commands of said warrant, and make return promptly of hi doings to said judge or justice, with an itemized inventory of all liquors and property or things seized; and also a list of all persons in whose possession the same were found, if any, end If 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 final action is had thereon. A copy of said warrant shall be served upon the person or persons found in possession of any such liquors, furniture or fixtures so seized, and if no person be found in possession thereof, a copy of aid warrant shall be posted in a conspicuous place on the building or room wherein the same are found. If admission to such building or room is refused, the officer directed to serve the warrant is hereby authorized and required to force open the tame. If fluids are poured out, or otherwise destroyed, by any tenant, assistant or other person,' when the premises are searched or about to be searched, kpparently for the purpose of preventing their seizure, said fluids shall be held to be prima facie intoxicating liquors, and intended for unlawful use, sale, barter, exchange or giving away. Any peace officer who shall make a seizure of liquors or any other property under the provisions of this ordinance shall forthwith report in writing on forms supplied by the Attorney 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 prosecuting attorney of the citv Or county to which such seizure was made, and also to the Attorney General. Section 16. Seized Property Not Released. Trial on Merita. Conviction Bar to All Suita. When any liquor, vessels, property or other things shall have been seised by virtue of any such warrant, the same shall not be discharged or returned to any person claiming the same by reason of alleged insufficiency of description In the warrant, of the liquor, property or place, nor by writ of replevin or claim and delivery or any other process; but the claimant shall only have the ight to be heard on the merits of the case; and final judgment of conviction in such proceedings shall in all cases be a bar to all suits for the recovery of any liquors or other things seized, or of valiie of the same, or for damages alleged to arise by reason of the seizing and -- detention thereof. ; j Returns Jurisdiction of Court Proceedings. Judgment. In the event of a seizure under the warrant as provided for in Section 15, the officer shall forthwith make return of his acts hereunder to the City Justice of the Peace, and if by said return it appears that liquors, vessels or other things used for purposes of selling or otherwise disposing of such liquors contrary to law, have been found upon the premises described in said warrant, the City Justice of the Peace ahall forthwith certify the record and all files to the District Court of the County in which aaid premises are situated. Section 18. Arrest and Seizure Without Warrant. Property Held aa In Other Cases. When a violation of any provisions of this ordinance shall occur in the presence of any Marshal or any peace officer of the city, or other officer having power, to serve criminal process, it shall be the duty of such officer, without warrant, to arrest the offender and seize the intoxicating liquors, vessels, and other property so unlawfully used, and to take such offender or offenders immediately before the Justice of the Peace and there make complaint under oath, charging the offense so committed, and he shall make return, setting forth a particular description of the liquors, vessels and other property seized; whereupon the Justice of the Peace shall issue a warrant commanding and directing the offjeer to hold the property so seized in his possession until charged by due process of law. Section 19. Having Liquor In Possession. If any peace officer shall have probable cause to believe any person has on, or about his person, in any kind of receptacle or in any vehicle under his control, liquors in any quantity, in violation of any of the provisions of this ordinance, such peace officer shall have authority to examine such vehicle and receptacle and the contents thereof, and the finding of any liquors In the possession of any Buch person, or under his control, not bearing a permit of a justice of the peace, or a tag or label of the Attorney General, snail be primA facie evidence that Buch person shall be forthwith arrested by such officer. Section 20. Officers to Enforce Provisions. Persons to Render Assistance, The Mayor, City Attorney, Justice of the Peace, City Marshal, and all Peace Officers of the city shall diligently enforce the provisions of this ordinance, and for the purpose of enforcing this ordinance all peace officers shall have acces, ingress and egress to and from all places of business, factories, farms, buildings, carriages and cars, used in the manufacture, storage, transportation or sale of anyaliquors, alcoholic essences, extracts, medicines or other such preparations, cider or other beverages, and also in restaurants, dining halls, cafes, places of public resort, hotels and all rooms thereof, and all other places where beverages are prepared, stored or served. They shall also have power and authority to open any package, can or Vessel containing or supposed to contain any article manufactured, sold or exposed for sale, or held in possession with intent to sell, in violation of the provisions f this ordinance, and may inspect the contents thereof, and may take samples therefrom for analysis. AU dealers, clerks, bookkeepers, express agents, railroad officials, employees or common carriers shall render to them all the assistance r, when-s- o in requested, 1ntracingr finding or discovering the presence of any article prohibited by law, and in securing samples thereof as herein provided for. Any refusal or neglect on the part of such dealers, clerks, bookkeepers, express agents, railroad officials, employees or common carriers to render such aid or to furnish such sample for analysis, as provided for in this section, shall be deetned guilty of a misdemeanor. 21.7Advertiing Intoxicating Liquors a Misdemeanor. Irshali be deemed a misdemeanor for any person, either directly or to advertise intoxicating liquors, imitations thereof, or substitutesindirectly, therefor in Kaysviile City for sale or gift by circulating any newspaper, periodical, circular, hand bill or price list, or on any sign, signboard, billboard, bulletin board, or by displaying or exhibiting said liquors, or in any manner whatsoever advertising theShme; or. for any owner, officer or person in charge of any newspaper, periodical,- sign, signboard, billboard, bulletin board, printing office, advertising agency or publicity bureau, or any othet person to publish or distribute any matter m Kaysviile City which either directly or indirectly advertises intoxicating liquors. Section 22. Records of Carriers Evidence Id Court. Failure to Keen Constitutes Misdemeanor. Common carriers within Kaysviile City are hereby required to keep a separate book at the point of delivery in which shall be entered, immediately upon receipt thereof, the name of the person to whom liquors are shipped, the amount and kind received, the date when delivered, Section 17. Conviction 27. to City or County Board. Upon Certifying victim of any physician, druggist or veterinarian for violating of the Peace, before ,risions of this ordinance, the City Justice con any tf the whom and convicted shall cause a certified copy of such KJviction to be certified to the State or City Board having autimSfg as the case ma issue licenses to such physician, druggist or veterinarian, as provided by law. Section 28 Revocation of License. If any keeper of a hotel, boarding store, drug store, or other house, pool room, billiard room, bowling alley, with his knowledge, consent, con. place requiring any license or any employee dispense or use, contrary to the nivance or acquiescence, shall keep, store, to addition to the penalties prescribed liquors any ordinance, this of provisions license of such place shall be revoked for the violations of this ordinance, the for" the second offense no such license and offense, first the for one for year to or the same person convicted for a period of the place shall be granted at two years; provided, that where the place is run under a lease by a person nothing herein shall or persons other than the true owner of theto building, a new lessee who was r ot in of a license issuance the to prohibit operate the former business any way connected as an employee or otherwiseof with license. the therein conducted at the time of the revocation 29. Persons May be Compelled to Disclose Evidence. Tf person hating knowledge of any other persori from whom or from u&at r! he or others have received liquors shall fail or refuse to make such disci when required by the court, if the judge to such proceedings shall be satisfied that such person knows the facts demanded to be disclosed, he shall be guilty of contempt and shall be fined not less than Five Dollars ($5.00), nor more Fifty Dollars ($50.00), or shall be committed to the jail for a period not exceeding thirty days. . Section 30. Perjury. How Punished. Any person who shall make anv false statement in any document, application affidavit, permit, trial, inquisition or hearing filed, made, given or held under this ordinance, or who snail violate any such statement made, shall be guilty of a misdemeanor. Section 31. Inquisitions. Refusal or Disobedience Punished. If the City or other person, or shall have Imowf. Attorney shall be notified by any officerof it shall be hi a duty edge of any violation of any provisions suchthis ordinance, violation, and he shall make and forthwith to inquire into the facts of file with the City Justice of the Peace a statement setting forth that he has probable cause to believe that this ordinance has been or is being violated, and that certain persons, naming them, have information concerning, or knowledge of, such violation, and upon the filing of such statement or upon the filing by any citizen of an affidavit containing the same information, it shall be the duty of the City Justice of the Peace to issue subpoenas for the named in such statement of affidavit, requiring them to appear before Eersons a time and place to bo designated thereto, to testify and produce any books, papers, or things that will aid or' assist to the prosecution of such investigation concerning, any violation of the provisions of the ordinance. Such subpoenas may be served by any person designated by the complainant or by the Justice of the Peace, and Bhall be served and returned to the same manner as to ordinary criminal cases. The City Justice of the Peace, acting under the provisions of this shall have the power to adjourn such proceedings from time to time, and to punish any witness fop contempt or on account of his refusal to be worn or to answer questions as a witness or to sign his testimony; and the attendance of any witness may be, by such City Justice of the Peace, compelled by attachment. If the City Justice of the Peace shall deem it necessary to have the testimony of such witnesses taken by shorthand and transcribed, he shall have authority to order the same, and thecosts thereof shall be paid by the, city upon the certificate of the Justice of the Peace, approved by the City Attorney. When such witness or witnesses shall appear before the Judge or Justice of the Peace, he shall be sworn to make true answers to all question! propounded to him touching the matters under investigation, and the testimony of each witness shall be reduced to writing by the court or under his direction, and shall be signed in ink by the witness. Any disobedience to the subpoena of the Court, or any refusal to be sworn as a witness, or to sign the testimony given by him, or any refusal to answer any proper questions by the prosecuting attorney or by the court to such inquiry, or any disclosure of any evidence so taken or of any names of witnesses, except when shall be a milawfully require to testify as-- a witness to relation. thereto, ' sec-tio- n, sdemeanor. - Section 32. All Druggists Required to File Inventory. Within two days after the taking effect of this ordinance, every druggist, retail and wholesale liquor dealer within this city is required to file a copy of an inventory of afl liquors in his possession at the time' of the taking effect of this ordinance, with the City Attorney; said inventory must be verified and set forth in detail, as provided by Section 38 of Chapter 2, Laws of Utah, 1917. Section 33. All ordinances and parts of ordinances to Conflict with this ordinance are hereby repealed, and this ordinance shall take effect and be in force on and after the tenth day of October, 1917. Passed by the City Council of Kaysviile City, Utah, this 17th day of 1917v September, Attest: LAWRENCE B. COLES JOHN G. M. BARNES, Mayor. City Recorder. their-powe- - and by whom delivered and to whom delivered, after which record shall be a blank space in which the consignee shall be required to sign hto name in ink, before such liquors are delivered to such consignee, which book shall be open to public inspection at any time during business hours of the Company employee or agent of any common carrier failing or refusing to comulv Any with the provisions of this section shall be deemed guilty of a misdemeanor Section 23. Associate Counsel Dismissal of Causes Only Afater State-mentAny citizen, association or society may employ an attorney to assist the prosecuting attorney to perform his duties under this ordinance, and iuch attorney shall be recognized by the court. And by the said prosecuting attorney as associate counsel in the proceedings; and no prosecution shall bedismissed over the objection of such associate counsel until the reasons of the prosecuting attorney for such dismissal, together with the objections thereto of said associate couhsel, shall have been filed in writing, argued by counsel, and fully considered by the court. - Opening 24, Packages' in Transit' Prohibited. It shall be 'T unlawful for any person, or persons, to open any original package, or packages in which intoxicating liquor is being shipped while the same is in transit or for undelivered; any common or special carrier or any agent or employee of the same to allow any original package or packages in which liquor is being, shipped, to be opened or divided to any manner intoxicating r Prmises r ta their Pssesion, except as preridS 8PO" Sec ton 25. Accomplices. .Exceptions as to Agents of Authorities. Nm, Excus frora Testifying. Any personwho-shal- l aid; abet, CounSeLorprocure an unlawful sale, unlawful gift, orother shall aqf is agenf or assisting friend of the seller to the unlawful sale or purchase of any liquors, shall be guilty of amtodmSr Nothing in this ordinahee shall be construed as prohibiting any from purchasing liquors contrary to the --provisions ofthis Ordinance whS acting as the agent of the authorities charged with the enforcerat f t ordinance in the detection and conviction of violators of said laws Section -- 6. 1 rescriptiona Limited. for unlawful for any physician, veterinarian, Penalty or other person, to prescriifS any person anv liquors for beverage puposes, or any rempound conteintog in lf excess of of one per centum by volume of alcohol of being used as a beverage; or to any medicine contetoixS to total content of such prescription more prescribe than four ounces of and stoH prescription shall not be refilled within seven days. Any person any of the provisions of this section shall be deemed guilty of STRONG AT UTAHS 200,000 GREATEST FAIR ! a. -- -- The stage is set for the greatest fair in th history of the west. Exhibits are being prepared in every corner of the country. I yours is NOT READY YET., youll HAVE TO HURRY. -- GREAT. ENTERTAINMENT PROGRAM -- circc Horse - races,auto-po- lo, acts, and the spec lac tlarpyrotecHrtic diipbr THE WAR OF NATIONS. - auto-'-races- , Excursions on all railroads. GET READY NOW TO ATTEND THE , ' one-ha- DTAH STATE FAIR, Salt Lake City adSeS? f September 29 October 6 L |