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Show DESERET NEWS, Saturday, Jun 10, 1967 A3 ' Huy Loqjuor Stamps The legal sale of liquor by the Utah Liquor Control Commission supposed to be the only retail liquor dealer in the is big business. It state grossed $19,771,441 74 in 1966. But the state has 131 potentially illegal competitors. How much they gross is unknown. The Deseret News examined the alcohol stamp file of the United States Internal Revenue Service at its offices in the Post Office in Salt Lake City and found apparent proof that the ULCC doesnt have the liquor business to itself, as it should be. POTENTIAL COMPETITORS Its 131 potential competitors aie buyers of Federal Retail Liquor Dealers Stamps. The stamp costs $54. The buyers are individuals and businesses mostly in Salt Lake and Salt Lake Police Patrolman Mel L. Stuck, a lawenforcement officer enforcing the lav, puts confiscated Plenty Of Ammo In Control Act 80 PAGES For Effective Law Enforcement It effectively. The act can he read from 345 to 432 in the Utah Code Annotated, 1953, Volume 4. page The fact that the Act Is to control" use of liquor In the state comes through clearly In which reads: section "This act shall be deemed an exercise of the police powers of the state for the protection of the public health, peace and morals, to prevent the currence of abuses associated with saloons, to eliminate the evils of unlicensed and unlawful manufacture, selling and re- disposing of alcoholic bever- ages; and all provisions of this act shall be liberally construed for the attainment of this purpose. OFFER AND TAKE The two parts of the Act which most concern peace officers trying to enforce it can be called the offer" and the ltake sections. . . The "offer" one states: it shall be unlawful for any person by himself, his clerk, employee or agent, to expose, Pr'upon any device, to sell or offer to sell any alcohol or alcoholic beverage within this . ftate. This paragraph prohibits liquor by the drink. It also applies to bootlegging as the term is used when a private club sells from the club's or the managers bottle. 1 d -- TAKE SECTION section of the The "take . no person Act states: Shall, within this state, by himself, his clerk, employee or agent, attempt to purchase ; pr directly or indirectly or upon any pretense or upon $ny device, purchase or in consideration of the sale or transfer of any property, or for any other consideration, or at the time of the transfer Of any property, take or accept any alcoholic beverage from any other person. This section of the law is obviously aimed at those persons who, like those in a private club, accept or buy a drink from the bartender and the bartender pours it from a club-owne- bottle. d COULD NAB DRINKERS If these two sections of the law are put together a city police chief, a county sheriff, a town marshal or a constable could enter an illegal place and not only arrest the bartender and the but every drinker in the place who didnt bring in his own bottle to drink or be owner-manag- served from. One obscure law which has been invoked only once is part of Section This law states that any who violates the person offer" section referred to above shall be imprisoned for not less than three months and not more than six or be fined up to $1,000 or both. It goes on to state that any and corporation private clubs are (supposedly) corporations in the state of Utah which violates the offer statute shall be fined an amount not to exceed $2,500 or have its charter revoked by a court of record or non-prof- both. INVOKED ONLY ONCE Secy, of State Clyde L. Miller says that to his knowledge this statute has been invoked only once. Secy. Miller said the Star-lit- e Club, 996 South Redwood Road, was accused of an illegal sale of liquor on its premises in March, 1964. The case went to district court and the judge found the club guilty, revoked its state charter and fined its owners $2,500. Subsequently the suit was appealed to the Utah Supreme Court and the verdict of the district court was upheld. STRONG LEGAL BASE This case, one said, Mr. that there is a strong legal base Miller shows for prosecuting porations which locker privileges. cor- non-prof- it have liquor Utahs sec- retary of state can revoke the license and ask the attorney collect the $5,000 general bond. But such cases can also be taken to court and a $2,500 to fine invoked The Liquor Control Act alcoholic beverage was actually consumed if the judge hearing the case is satisfied that a transaction in the nature of a sale, disposal, gift or actually took place. Another enforcement weapon contained in the Liquor Control Act refers to property used in connection with illegal use or sale of alcohol. Section says that any place where alcohol is used in violation of the act or where persons resort for the drinking of alcoholic beverages is a common nuisance. The statute conUnues that any person who maintains or assists in maintaining such a place shall upon conviction be fined not more than $1,000 or imprisoned for a year or both. purchase states m great detail what peace officers, even employees of the state, can do to prevent bootlegging of whisky into Utah and also sale of liquor THOROUGH DETAILED, 6 The procedure for obtaining warrants, for searching premises is liberal, detailed and thorough. There is one for warrant "search without which states it shall be the duty of such officer without warrant to arrest the offender and take such offender persons selling or (boot-teggp- r. buying immediately before the court is a long one Section which describes Duties of of- ON ENFORCEMENT Two of the final paragraphs act give to every citizen in Utah, including the governor and members of the Liquor Control Commission, the responsibility of enforcing it. Section states that the sheriffs of the several counties are hereby authorized, and it is made their duty, to enforce the provisions of this act within incorporated cities and towns with the same diligence as within terin the ficers respecting infringements of this act. The last sentence of this section: Inspectors appointed under this act, sheriffs, sheriffs, constables, deputy officers, marshals, police members of the state highway patrol, and other officers and employees of the state, and of any subdivision or agency thereof, are invested with the powers of peace officers and powers necessary to enforce the provisions of this act. MAJOR COMPLAINT One of the major complaints of law enforcement officers who, for instance, have arrested a bartender in a private club and, having gained a sample of the drink they bought, use it as evidence in court, is that defense lawyers try usually with success to disallow the evidence. of the Liquor Section Control Act instructs the in any proceeding judge brought for the purpose of enforcing any provision of this act in proving the sale, disposal, gift or purchase, gratuitous or otherwise, or consumption of alcoholic beverages. IT SHALL NOT BE NECESSARY to show that any money actually passed or 2 5 their respective counties . . . but this provision shall not be so construed as to relieve in any degree whatsoever any city executive, prosecuting or police officer of his duty and obligation to enforce this act. ritory in FINAL PROVISION The final enforcement provision of the Act states that the governor of Utah may initiate prosecutions for violation of the act and all city, county, precinct and state executives, prosecuting and peace officers are hereby charged with the enforcement. The remaining words of the Act state that if a local officer fails to enforce it then any or all peace officers and prosecutors of larger political units are hereby clothed with authority to take the necessary steps. Copyright, Thg Dmnt News, 1967 Nansen, Darker 'Tangle' Utah Atty. Gen. Phil L. fiansen and Salt Lake City Commissioner James L. Barter have squared off for a law suit over a "friendly IJpw city ordinance which eould permit quicker and more effective enforcement of the liquor locker law. I The sparring began last a inter when it became apparent to Mr. Barker as the Citys public safety commissioner that enforcing the Liquor Control Act in private elfibs was proving a hopeless task. Mr. Barker maintains that Sale of liquor by the drink in Hie clubs is common practice and that in spite of many frrests and much signing of complaints by the Police Department only one club in years has had its charter revoked by Secy, of State frvo Clyde L. Miller. !Mr. Barker aought a quicker, and more efficient way of Phil L. Hansen against the illegal sale of liquor by the drink in private clubs. The answer was provided by the Legislature in its last session when, with- only one dissenting vote, a statute policing - which permits licensing of businesses, but not nonprofit corporations (private clubs), was changed to include nonprofit corporations. This change gave Mr. Barker his opportunity and he asked Asst. City Atty. Paul G. Grant to draw up an ordinance which would license the private clubs on almost the same basis as the state of Utah grants them charters. When Mr. Hansen saw the proposed ordinance he came out of his corner in a hurry. Mr. Hansen told Mr. Barker that there are plenty of state statutes for effective enforcement of the Liquor Control Act. He said Mr. Miller could revoke a clubs charter as a nonprofit corporation after being advised of convictions of offenders in Salt Lake City. When they entered the ring for their bout Mr. Hansen had already, at various times, referred to Utahs liquor locker law as obvious hypocrisy. d He came out for 1flat-foote- 1- O these 52 clubs have bought the Retail Liquor Dealers Stamp. There are 38 Retail Liquor Dealers Stamps issued in Carbon County. There is only one chartered club in the county. of Twenty-eigh- t liquor into car trunk during inspections Friday night. There's plenty of ammunition in Utah's Liquor Control Act to enable police to enforce Carbon counties. They include taverns, many of the state s private clubs, even a Salt Lake motel. In Salt Lake City and County there are 52 liquor locker dubs where drinks can be served from a member's bottle, which, supposedly, is stored in his locker. LONG The Utah Liquor Control Act runs some 80 pages in the Utah Code. Its authors, aware that a person or business needing a Federal Retail Li- quor Dealers Stamp at least has the intention of using it for this purpose, wrote in Section 32 entries made in records of the United States internal revenue collector, certified by him or a duly qualified notary public, showing the payment of the tax for the manufacture or sale of intoxicating liquors, shall be prima facie evidence in the courts of this state of such manufacture or sale by the party named therein within the period set for in such record. A copy of the PROBABLE REASON The probable reason why any person or organization such as a private club would buy a retail liquor dealers stamp is that without one on display, federal revenue agents can move in whqe liquor is being sold and make an arrest. The fines and jail terms are usually heavy. The fact that the Utah Liquor Control Act prohibits the sale of liquor by any other than the Utah Liquor Control slow Commission doesnt down the rush of applicants fow a new federal stamp every July. One retired federal government employe who was close to the alcoholic tax division of the Internal Revenue Service for many years made this observation when asked if purchase of a Liquor Dealers Stamp means the buyer is selling liquor illegally: WASTING $54 Legally, Only ULCC Can Sell At Retail and carefully before breaking a federal law. The penallv for selling II quor at retail without a Federal Retail Liquor Stamp ran be a $2,000 fine or fie years in a federal pemtentian, or both. The crime in a felony . Utahs laws make the Illegal sale of liquor a misd-long e a n o r. The punishment could vary, depending upon the locale and the judge, hut in any event would likely be a $150 fine or less, plus 30 days In the county jail, probably suspended fedBack in the eral agents rounded up a sheriff who had sold liquor at retail without buing hie stamp. The judge sent him to a federal prison It is foolish, the said, to risk a term in a federal prison to save $54 a mid-fiftie- year. Here is a list of stamp holders m Utah, by county, followed by a list of liquor lock- er clubs which DO NOT have the stamp- Sum, R H tEAVCIt , Prop, R t J Club, ELDER BPO Elk Bnflham Ctv Lodge 2208. Brigham City, FOE, Box Elder Ar 2919, Brigham City. OX CACHK BPO Elks LexlOf 1453. erne1 Orttor of Eaglet, Looan Lacan, Lodge n New Law he said. James L. Barker Jr. be unconstitutional and that a friendly lawsuit would save all concerned a lot of time and money. The commissioners agreed when Mr. Hansen said he would rush the suit through the courts and that in a couple of weeks the Supreme quor by the drink when he told a member of the InternaOourt would have its declarational Footprinters, a peace tory judgment on the validity officers group, that Utahns of the citys new ordinance. are already buying liquor by That was some weeks ago. No the drink. Judgment has been made. It ought to be made legal, Cprr1(M, Tht Dtunt NW, 1HT TOOELE BPOE Lodge 1673, Tooele, Loval Order of Moose Lodge 2031, Tooele; Officers' Open Mess Tooe1 Ordnance Tooele Depot Officer Open Mess, Dugway Proving Grounds, Dugwav UINTAH Loval Order of Moose, Inc, Vernal Lodge ijl? Vernal, Wafkm Llovd & Mildred, Shamrock Props , Club, Vernal UTAH American Ciub, Inc of Eagles 2924, Provoj BPO Elks Lodoe 849 Provo; Loyal Order Moose Lodge 843. Provo; Pet'O. Lou Ski Club Sonngvllle; Ry. erside Country Club, Provo Alpine Country Fork, Fraternal Order CARBON Larsen, Charles H , Prop , American Koa Legion Club, Price, Andrulakis, mas, Prop , Com met Club, Helper. Tony, Prop. Tory' Club, Helper; Bianco Jotin J, Prop, 300 CiiAx Bianco, Jobr J & Stewart, Helper, Be Jo Club, Helper; Bessie, Props, Nick, Bikakis, Prop, Nick ft Club, Bills, Elvin 6 Anna, Props, Dragerton, El Cirnto Inn, Helper, Carbon Country Carl, Club, Inc, Helper, Eaqumts, Prop, La Sail Club A Annex. Helper, 1550 Price, BPo Elks Pr ce Long Fiory, Helen, Prop, El Rev Club, Wellington; Gianetakis, Vatliios, Prop , 56 Bar, Price, Gomez, Mary, Prop , M A M Club, Helper, Graxo Louis Prop, VFW Servicemen's Club Price, Hamli ton, Margaret, Pop, Hi Way Rendezvous, Helper Harvey, LaRue. Prop, LaRues Inn Helper, Kaiatzes Nick, Prop, Club 14 Dev, Price, Klapakis, Steve, Prop, Bank Club 46, Price, Kodat, Robert E, Prop, White Star Cafe & Bar, Price Konafcis. Marion F , Prop , Kiva Bel Frank M Club Helper, Juhano Steak House, Price, Alra Lounge Cafe. Victor , Prop George, Kauris, Price, Madrigal, Betty, Prop, El Toro Del Oro Price Marakis, Harriet Prop, Columbia Confectionery Columbia, Me dina, Alfred, Prop, Capri Club Helper; Moose of Ollveto S Price, Order Loyal L , El Camlno Supoer Club, Price, Palette, James, Proo , Friendly Tavern, Helper, Pantelakis, John, Proo., Miner's Peterson, Draoerton; Wreda, Club, Regis, Prop, Elite Club. Dragerton; Fred, Prop , Regis Club Helper, Slovene Inc National Home Victor, Helper, 6antl, El Rancho Lounge, Price, SteMel s venson Charles Melvin Prop Canyon Club & Cafe, Columbia, Star, Matt, Prop, Helper Club Helper, Tal- Vets lerico, Albert, Prop , American Post No 40, Price, Tallerlco Edward, Club Oasis, Price, Thompson, Prop, Jesse L, Pro0, Jesses, Wellington The following chartered private clubs apparently do not have federal liquor stamps: . l . SALT LAKI . Willow Creek Country Club, 8308 South 7700 Eaot, Sugar House Post No. 3586 29?o H ghland Drive, Town Hous 158 South 3rd East The Yacht Club, 3041 West ?1st South, Bel Con Club-- . 1140 East 3900 South, Copoer Golf Club Fraternal Order of Eaglas, Magna, 176"' Murra El Aerir No Mttrrav Rey Club 3611 Highland Drive; Utah Worker Asr rib Salt Laker. 3238 . South Redwood Road C'ub Vagabond 107 East 2nd South; The Country Club. Box 6114 Sugar -House, York Club 258 West 33rd South; Sugar House Aerie No 3294 FOE, 2375 East 33rd South, Yorkshire Club 3165 South 1300 East, Salt Lake Sportsman' Club 2903 Highland Drive Timtoerhaus, P O Box 126. Sugar House Stationi Cub Chalet 2049 East 6200 Soulhi Professional Association, Young Man 2,i9 South 3rd East, Kearns Post No. 138 American Legion, Kearns; James . R Thomas Jr Chapter 6 DAV P O Box 1)005, Atomic Post No 4355, VFW ot The US 175 South State; Chinese ' Social Center South West Templet , Downtown Professional Associetton, . , Inc 854 South Stete; Klub, Murray ' UTAH Ute Post No 2162, VFW of US. Provo, The Silken Seddle Club, Spring. . vine. Riverside Country Club, Provo. WEBER Ogden Golf end Country Club, Ogden)1 9. Roy Post 139 American Legion, R Pioneer Post No 66 American Legieh Oak Hills Recreetlon Ogden; CIm$s Ogden, Ogden Aerie No 2472 FOEf Ogden, Rov Elks Lodqe. Rov, Bake, Merrill Post No 9, The American L gion, Dept, of Utah, Ogden. TOOELE Harris Carter Post No 941X Veteran! V of Foreign Wars, Tooele DAVIS Oak ridge Country Club, v, Fermingt' J CACHi Logn Golf and Country CliA. Logan Earl S Harper Post 58, American L'-gon- . Smithfield, Dei Mar Club, Loge UINTAH Vernal Empire Club Vernal) VariMl1 Petroleum Club, Vernal. SUMMIT Crascont Club, Park City, Park CHv. Golf A Ski Club, Park City CapyrtMit. Tha Dosant Nawa. 1NT ' Jv I DAVIS of Eagles No 3223, North Salt Lake Hill Air Force Base Officers' Mess, Hill Air Force Base, Non Commissioned Officers' Mess, Hill Air Force Base Fraternal Order emery Comer, River Ben, Prop, Le Benz, Green GRAND Grand County American Leo ion Post American Legion Post SA Mb; Fraternal Order of Eaales, Moeb Lodae BPO Elks Lodge 2021, 3126. Moab, Moeb, Love! Order of Moose Moab Lodge 2007, Moab, Oliver, Earl L , L Moab, Mumpf, Rae Club Prop David H , prop , Alibi Club, Moab; Victor Glenn B , Proo , Moab Golf Shoo, Moab SA IRON Cedar BPOE 1556, Cedar City Elk City Lodge JUAB Ramon Prop Silver Club, Archadal Lucille, Proo, Lucille's Knotts, Eureka; Stump, GleaCafe 6 Lounoe Eureka son. Prop , Gig's Cafe, Eureka Gordon, Delta L-- F MILLARD , Prop , Gordon Tavenv Glass, Veston T Morgan. , Prop , Glass's Corrf , SALT LAKE Alta Club, Inc, 100 E So Temple; Athletic Club 145 So 5th Ambassador East, American Lefllon Holladav Post 71 670 East 33rd South, American Legion Club Post 133, 112' West Broadway, Atkinson, Larry Proo , Bob Cat Lounoe, 9075 West 2700 So ; Leport, Rooer E , Prop . American Leoion Post American 60, 5121 So State, Murray, Legion Post 112 3615 So 5th East, Black Bull Club 2110 South 2nd West; Bon Bon Club, 654 South State, Boutsis, George M Prop. The Sage 8136 So State St , Midvale; Club Continental, Inc, 61l4 East 2nd So; Club Interlude, Inc, 3700 West North Temple, Cottonwood Club, 1780 East Lakewood Dr Deniro, Joe & Diana Frank, Proo., Crest Club 16 West 4000 So , Murray; Diagonal Recreation Assoc , Inc , 6194 So Highland Dr , Disabled American Veteran, 9097 West 2700 So., Magna; MurTav Aerie 1760 FOE, 10 West 4th Ave , Murray. Hi ii The law is unrealis- by police. Mr. Barkers proposed ordinance was passed by the City Commission and a week later Mr. Hansen appeared before the City Commission to tell them he believed the law to Bunny's Fra tic. Mr. Hansen has often said that he deplores the Inequity of the private club situation in Salt Lake because the older, richer clubs operate without enforcement censure but the "little mans" club Is bothered SUMMIT Clark Richard Lynn. Prop, Bar, Coalville 3114, MORGAN We could say that if he Is not, then he is wasting $54, he declared. But do not think of the sthamp as a license to sell liquor. It is a tax, not a license. Put it this way, he continued. Just because one has a drivers license is it necessary to drive a car? The said federal law is regarded with great respect in Carbon and Salt Lake counties. Those who might break a Utah law without much concern would think Fraternal Order of Eagiea 699, 181 Mam Midvale Fraternal Ordr cf Eagles, Aerie No 67 3571 West North to PO Elks Eas V 1enc' Temple. Fairway Club 1776 West No T.rroie freer Fo'l Douglas Hub P O Box 583 Fort Douglas Hidden v Countrv Club P O Bov ,83, Fort Officers' Fort Douglas Open Mess 1117 Douaias Gmo s Towre Klub Inc So State St The Granite Club Inc , fl?ft Highland Drive l"0 Haiiiday Prop Pnde Club 739 So 5th Ea1, Country Club lrc Hcjh land Dr Hyland Club Inc 2903 High ror Ho e Bis nebS Men s lard Onve As oc 740 So ith Ma,n St Johnson Orlos Carl Prop . 7988 West ?lst So. Maqna, Lounge Louise W Kvriopoulos Sunset Club 3207 West 7800 So. West Jordan Ludlow Gene Yacht Club 3041 W ?Kt So , Lewis, Garfield 6 Mary Props , D A V Club 9100 Wst 7700 So Magna, Monks Louis E Prop Mark's Lounge, 1174 So Mate St Murray, Mon erret Tommy Orbit Cafe & Lounoe Prop 7115 West 7400 So Manna I oyal Order of Mnse Granger Lodge No 7145 996 n Redwood Road Loval Order nf Moose 607 East 2nd South Non Officers Ope'- - Mss Frf Nowell Rex S Douglas Det C'-Club 1140 Fast 39M So Prp O'v-n- n c Ahitetic Club Inc Olympic Ahlete 193 Wi'mmntpn Ctub Ave Red Rcot er Inc 10'8 South State Ramada Th- - r rnrvr lnn Inc lourve MW) So State St Putter Club 1370 West No Temple Prokoois Wi'i am Prro Bill's Lounge mi West 7700 So Maona Lake Loan Asxv ition 9it Club 44 East 4th South Club Soiourn-e- r Hih1and Dr. University Chib !Y East So Temple. Utah Llouor Control Commission 1675 So 8th West SAN JUAN Veterans of Foreign War No 7467, Biandmg Nr WASHINGTON BPOE, Dixie Elk Lodge 17. Sf of Foreign War George, Veteran of , the U S , Fottoam Hafen Pot 2626, St, George WEBER Benevolent 6 Protective Order o Elks Ogden; Loyal Order of Moos Lodge 1364, Ogden, NCO Open Mess, U S Army Defense Depot, Ogden; OKI- cars Open Mess, Ogden, Weber Club Inc , Ogden GW tgettoo muchiri an Accutrori timepiece. And ifyou did, youdbe asking for trouble. 3L The works in an Accutron timepiece consist of ft , tuning fork, 1 1 other moving parts, a battery, a transistor, ' ' and a little circuit. Theres no mainspring, no hftjrspring. No balance wheel. No big collection of mechanical watch parts affected by temperature, by humidity, by oil and dirt and wear. The tuning fork keeps the time, instead of the balance wheel. It vibrates 360 times to a second. (A standard balance wheel manages only 5 vibrations to a second.) And the time is guaranteed accurate within one minute a month. About 2 seconds a day. The parts in an Accutron timepiece may not be many. But theyre doing everything right. -- . mnmm ACCUTRON Stainlraft-Mr- tdjuxabla BankAmericarol "221" esat, wterpcoo,f mirJtgs $15000 nS'iT'Tl brd MDGHD Famous for Diamonds INTERM0UNTA - I: MAIN AND BROADWAY SALT LAKE CITY 2435 WASHINGTON BOULEVARD OGDEN - |