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Show south cache Courier, hyrum, utah alcohol by some process approved by shipped out of the State; or to pre- edge and upon which he bases his be- of such officer without warrant to the United States Gonimissioner of vent the manufacture or sale for lawinlief; and he shall describe as particu- arrest the offender and seize the ' Internal Revenue. ful purposes of any food other and vessels preparation larly as may be the place, and the toxicating liquors, Section 7. PERMITS AT WHOLE- or any Umted States Pnarmacoenia name of the persons if known, par- property so unlawfully used, and to An Ordinance to define, prohibit and or national fornuhry preparation in take such offender or offenders imregulate the sale, manufacture, use, SALE. Alcohol mayb6 purchased at ticipating in such unlawful act .vith the Utah conformity findwholesale The Justice of the Peace, upon Pharmacy mediately before the Justice of the advertising of, possession of or by druggists, hospitals, which bi enaction conforms to laws, in and there make complaint unPeace traffic ing probable cause to believe that the intoxicating liquor, malt scientific and manufacturing institucstabll.-hestandard a the Stale oath by tions brewed are such der in information within facts stated or charging the offense so drinks, providing for its Hyrum City, and only and contains no more alcodishall issue warrant search enforcement and providing penal- from a warehouse manager and on Chemist, a committed, and he shall maite return, true, is absolutely than hol to in necessary officer rected to the ties and remedies for its violation written permit as provided by law. setting forth a particular descripany peace ' the medicinal, flavoring or tion of the liquors, vessels and other whom Section 8. the and repealing all ordinances and desigWHOLESALE SHIP- extract city complaint may of the drug, oil, nate, properties perfume as in of MENTS. ordinances as conflict to authorized property seized and at the place describing provisions particularly Any person other substances and to prewith the provisions of this ordin- ship alcohol shall fill in the actual sap or may be, the liquors and the place where the same was seized; wheredate of shipment indelibly on tags or serve the same; and which substance described in said informaiton, and the upon the Justice of the Peace shall ance diBE IT ORDAINED BY THE CITY labels and accurate record of all is manufactuied and sold as medi- persons named or described in said issue a warrant commanding and hold flavorings, cines, the to propofficer extracts, essences, information as the owners or keepers recting the COUNCIL OF HYRUM CITY, Utah, shipments and sales of alcohol must be kept by the druggist and a dupli- tinctures, perfumes, or other similar of said place, and on finding liquors erty so seized in his possession until AS FOLLOWS: for legitimate and lawful in unlawful This ordi- cate of the report required to be products Section 1. OBJECTS. possession or use, to ar- charged by due process of law. and not as beverages; pro- rest purposes Section 19. HAVING LIQUOR IN persons found therein and bring nance shall be liberally constructed made to the Attorney General on the it shall be unlawful for them before said Court; and to seize POSSESSION. that vided, If any peace officer for the purpose of protection of pub- first day of each and every monjth to manufacture or sell or the said cause to believe person have shall any convessels probable the liquors with lic health, peace and morals of the shall be made by the City Attorney, of otherwise dispose or about his perthe has essence or on, all them and the person any taining implements, inhabitants of Hyrum City. giving, the date and number of the tincture of Jamacia or in of kind or in receptacle ginger, and son, furniture used any or any fixtures kept DEFINITIONS. The shipment as shown by the tag or laSection 2. and like substances; provided further, for such illegal acts, and keep the any vehicle under his control, liquors word liquor as used in this ordinance bel, quantity of alcohol sold or shippthat preparation any containing in same securely until final action be in any quantity, in violation of any shall be construed to embrace all ed, name and address of the purchasf of of one per centum had thereon. excess of the provisions of this ordinance, fermented, malt or vinous or spirit-ou- s er and the means and route of delivof alcohol by volumne, and which is Whereupon the said officer to whom such peace officer shall have authorAny person failing to leport shown on liquor, alcohol, wine, porter, ale, ery. analysis by the State such warrant shall be delivered shall ity to examine such vehicle and rebeer, absinther, or any other intoxi such sales and shipments or falsely Chemist, can be used as a beverage, forthwith obey and execute as effec- ceptacle and the contents thereof, eating drink, mixture or preparation making any record or report shall be shall not be sold; or to prevent the tively as possible the commands of and the finding of any liquors in the of like nature. 'and all malt or brewed deemed guilty of a misdemeanor. or sale of wood or de- the said warrant, and make return possession of any such person, or unmanufacture Section 9. PERMITS TO PURCHdrinks; and all liquids, mixtures or natured alcohol under the rules estab- properly of his doings to said judge der his control, not bearing a permit AND DISPOSE OF ALCOHOL. ASE whether preparations, patented or lished by the United States; or to or justice, with an itemized inventory of a Justice of the Peace, or a tag or not which will produce intoxication; Alcohol may be purchased, dispensed the importation of wines for of all liquors and property or things label of the Attorney General, shall prevent fruits preserved in alcoholic liquors and used by druggist, hospitals, sci- sacramental purposes only, by relige-ou- s seized; and also a list of all persons be prima facie evidence that such of any Ifind; and all beverages con- entific and manufacturing instituin the same manner as in whose possession the same was person shall be forthwith arrested by bodies, taining in excess of one half of one tions and persons in conformity with provided by Section 6, Chapter 2, found;, if any, and if no person be such officer. per centum of alcohol by volum, shall Section 7 and 8, Chapter 2, Law's of Laws of Utah, 1917. Section 20. OFFICERS TO ENfound in possession of said liquor, or be deemed spiritous liquors and shall Utah, 1917, as far as they apply to PERSONS FORCE PROVISIONS. so return shall his state; PROPERTY USED property, Section 12. ' The be embraced in the word liquors as cities and city officers and in no TO ASSISTANCE. RENDER and said shall officer securely keep hereinafter used in this ordinance; ofher manner; and all the provisions IN VIOLATION OF THIS ORDI- all liquor and other things so seized Mayor, City Attorney, Justice of the and all mixtures, compounds of pre- of said sections therein contained re- NANCE DECLARED COMMON NUhim until final action is had there- Peace, City Marshall, and all peace All premises, vehicles, by ISANCE. parations, whether liquid or not, lating to the issuance of permits, reon. A copy of said warrant shall be officers of the qity shall diligently which are intended when mixed with quirements of druggists and justices buildings, boats and all other places served upon the person or persons enforce the provisions of this ordinwater, or otherwise, to produce by of the peace, shall be made applic where intoxicating liquors are manu- found in possession of any such liq- ance, and for the purpose of enforcfermentation or otherwise, an intoxi- able to the city justice and druggists factured, sold, bartered, kept, stored uors, furniture, or fixtures so seized, ing this ordinance, all peace officers or given away, or used in violation and if no person be found in posses- shall have access, ingress and agress cating liquor, shall also be deemed to within the corporate limits of Hyrum of law, or where persons are permit- sion be embraced within such term. City. o copy of said warrants to and from all places of business, for drinkjing of intoxi- shall thereof, The word person wherever used be posted in a conspicuous place factories, farms, buildings, carriages Section 10. USE OF PREPARA- ted to resort in this ordinance shall be construed TIONS AND EXTRACTS. All ex- cating liquors as a beverage, or on the building or room wherein the and cars, used in the manufacture, to mean natural persons, firms, co- tracts, essences, medicines or any where intoxicating liquors are kept same are found. If admission to such storage, transportation or sale of for use, sale, barter or delivery, in partnerships, corporations, and all preparation containing in excess of the of- any liquors, alcoholic essences, exbuilding or room is of law, and all intoxicating ficer directed to serverefused, violation associations of one per cent by volumne of natural the warrant is tracts, medicines, or other such prepersons, liquors, bottles, glasses, kegs, pumps, hereby authorized and required to parations, cider or other beverages, whether acting by themselves or by of. alcohol, which can be used as and other property kept in and force open the same. bars, a servant, agent or employee. If fluids are and also in restaurants, dining halls, beverage, shall not be sold or furn used in such maintaining premises, A duggist or pharmacist for ished by druggists or other dealers poured out, or otherwise destroyed, cages, places of public resoat, hotels or other vehicles, boats, buildings, the purpose of this ordinance is de- or persons. writA signed notice in by any tenant, assistant, or other and all rooms thereof, and all other fined as a person who is actually and ing served upon the city justice of places, are hereby declared to be person, when the premises are search- places where beverages are prepared, They shall also in good faith engaged in the whole- any druggist or other dealer or per- common nuisances; and any person ed, or about to be searched, apparent- stored or served. sale or retail drug business and lic- son, by a peace officer or by the who maintains, or assists in main- ly for the purpose of preventing their have power and authority to open nuisance seizure, said fluids shall be held to any package, can or vessel containensed to compound and dispense wife, husband, sister, brother son, taining any sychcopimop be' shall a misdemeanor. of be prima facie intoxicating liquors, ing or supposed to contain any arguilty drugs or medicines. , daughter, or mother of any minor, or and intended for unlawful use, sale, ticle manufactured, sold or exposed AND INJUNCTION Section 13. The word warehouse manager person informing the justice, drug' for sale, or held in possession with Whenbarter, exchange or giving away, whenever used in this ordinance shall gist or other dealer or person that ABATEMENT BY SUIT. to sell, in violation of the prointent officer who shall make Any peace be Construed to mean the bonded the applicant or purchaser is intem- ever a nuisance is kept, maintained visions of this ordinance, and may a seizure of or r other pro-oliquors any dispenser at wholesale of alcohol as is perate or addicted to the use of any or exists, as defined in this ordinance the contents thereof, and under the inspect of 2 this in perty as defined provisions of the Chapter provided for in Chapter 2, Laws of narcotic drug, is a minor, an Indian take dinance shall ' may forthwith samples therefrom for in the of Utah, 1917, relating to report or a person of unsound mind, shall Utah, 1917. All on analysis. forms dealers, clerks, bookg the writing of intoxicatsupplied sale of the by Section 3. PROHIBITIONS. Ex- be prima facie evidence of such fact prohibition such keepers, express General, agents, railroad oftorney act, the is made together liquors, it hereby cept as hereinafter provided, the and the justice who shall issue a peror common carriers with ficials, detailed information to as employees the of to the City Attorney bring manufacture, sale, keeping or storing mit to buy alcohol and any person duty shall render to them all the ass seized and persons arrested for sale in this city, or offering or who shall sell any liquors or prepara- an action to enjoin and abate the Property in be when their so requestaddress of the place from power, exposing for sale, or importing, car- tions mentioned in this section for same by suit in equity as provided in hich or said ed, was tracing, finding discovering seized, to Property rying, transporting, advertising, dis six months thereafter, to such debar- by Chapter 99, Laws of Utah 1913, the the presence of any article prohibitof the attorney Prosecuting city nuiscommon for the of suchabatement been as notice has tributing, giving away, exchanging, red person ed by law, and in securing samples - or ounty n which such seizure was dispensing or serving of liquors are served, without a hearing having ances, or if any person shall be conthereof as herein provided for. Any aIs lhe t0 Attorney forever prohibited in this city; and been had to determine the facts, shall victed of maintaining any such nuis- refusals or neglect on the part of it shall be unlawful for any person be deemed guilty of a misdemeanor. ance as herein defined, it is hereby such dealers, clerks, bookkeepers, ex16. Section SEIZED PROPERTY within the corporate limits of Hyrum A conviction of the justice under made the duty of the city attorney press agents, railroad officials, em- NOT RELEASED. TRIAL ON City, knowingly to have in his, her this section shall also be a forfeiture to bring an action in a Court of eomCONVICTION BAR TO ALL ployees or common carriers to render of his office, and the Mayor shall' imor its possession, - any jurisdiction to secure an in- - SUITS. intoxicating When any liquor, property, such aid or to furnish such samples liquors except as in this ordinance mediately" fill by appointment by and junction, perpetually enjoining said things shall have been seiz- - for analysis, as provided for in this with the advic-- of the City Council person from maintaining such nuis- - e provided. virtue of any such warrant, the section shall be deemed guilty of a such vacancy. In case of a notice ance. Upon such conviction the City Section 4. PENALTIES. Any persame sha11 not be discharged or re- misdemeanor. served as aforesaid, a hearing there- Attorney shall proceed against the son convicted of violation of Section 21. ADVERTISING any of INturned to any P"son claiming the on shall be held by the city justice property used in keeping and main- the provisions of this ordinance, shall TOXICATING reason A of MISDEinsufy LIQUORS any alleged the petition of the applicant for taining such nuisance in a Court of be deemed guilty of a misdemeanor, upon of description in the war- - MEANOR. shall be deemed a It lclency as provided liquor. and where the Every informant serving eompetent jurisdiction, of misdemeanor tbe punishment therefor notice or for or any person either property place, rant; as aforesaid, shall be subpoe- in Chapter 99 of the Laws of Utah nor is not herein of replevin or claim and directly or indirectly, to advertise writ specifically provided, by naed to appear and testify at such 1913 shall be punished by a fine of not delivery or any other process; but the intoxicating liquors, imitations thereand be given an opportunity OWNER FAILING clamant; sbau ess than , Section 14. fifty dollars (S50.00) or hearing ony bave tb ; t t of or substitutes therefor, in Hyrum to produce any evidence therein pro- TO ABATE NUISANCE. PENAL- - be heard on more than two hundred the merits of the case; City, for sale or gift by circulating ninety nine vided any peace dollars ($299.00) or officer, relative or TY. Any one who knowingly per- - and final judgment of conviction in any newspaper, periodical by imprisonment circular, described a mits any building or premises owned such n the city shall in all cases hand bill, or price list, or on any sign jail not less than thirty person of venue toherein, may take proceeding change any justice of the or leased by him, or under his con- - be a bar to all uits for the re board, billboard, bulletin days or more than six months, or board, or by peace within the of Cache. both such fine and County trol, or any part thereof, to be used covery cf any ijqUOrs or any other by displaying or exhibiting said imprisonment. Section 11. MANUFACTURE in maintaining a common nuisance, things seized or of the vaIue of the liquors, or in Section 5. any manner whatsoDRINKING LIQUAR AND SALE. AND PRO- as defined in this ordinance, or who same) or for damages alleged to arise ever advertising the same; or for IN PUBLIC PLACES. Vinegar any Any person PRIETARIES, after being notified in writing of the by reason of the seizing and who shall in ALCOHOL, NON-Iowner, officer, person in charge of any street or alley, pub TOXICATING officer or officers, or ion thereof. c place, CIDER, AND FOOD any newspaper, periodical, sign, signstore, restaurant, hotel lob such of PREPARATIONS. citizens SALE OF use, omits to take Section' 17.'RETURNS'JURISDIC-al- l board, billboard, bulletin board, printy or parlor, in or upon any passenGINGER OR LIKE SUBproper measures either to abate TIQN 0F C0URT PROCEEDINGS ing office, advertising agency, or ger coach, street car or other vehicle STANCES FORBIDDEN. EXCEPsaid. nuisance, or failing therein, to JUDGMENT. In the event of a seiz; publicity bureau, or any other percommonly used for the transportation TIONS. The provisions of this or eject therefrom the person or per- 0 urQ under the warrant ag ided son to publish or distribute any matPassengers, or in or about any de- dinance shall not be be sons shall so the construed to same, using 1B in, pre for Section pot, platform, the officer shall ter in Hyrum City, which either diwaiting room or sta vent any temperate tion room or person from deemed guilty of assisting in the forthwith make re1jurn of his acts rectly or indirectly advertises intoxiany public gathering manufacturing vinegar or preserved maintaining of such nuisance. within the limits of thereunder, to the City Justice of the cating liquor. Hyrum City, cider provided, that .Section 15. SEARCH AN SEIZ- - Peace, and if by said return it appears nn any Section 22. RECORDS OF CARintoxicating liquor of any any person who may in the UKE. DUTIES OF OFFICERS, that liquors, vessels or other engage knd or who shall be drunk RIERS EVIDENCE IN COURT. things or intoxi-Ca.- d If any used for purposes of selling or other-cit- y FAILURE TO KEEP CONSTITUTwithin the corporate limits of manufacture of vinegar, preserved REPORTS TO BE MADE. cider or alcohol for officer or other person has prob- - wise disposing of such liquors sai e ES MISDEMEANOR, Common carcity, shall be deemed guilty of sale, as herein provided, shall before a misdemeanor. cause to believe the liquors are trary to law, have been found upon riers within Hyrum City are hereby the manufacture thereof possessed, manufactured, sold, barter- - the premises described in said warcommencing to a 6 required keep separate book) .at SALES AND SHIP-EbiT- S first obtain a permit from the Attor- ed, given away or otherwise furnish- - rant, the City Justice of the Peace the point of delivery in which shall WHEN AUTHORIZED, ney General, by filing an affidavit ed in violation of this ordinance, or shall forthwith certify the record be entered, immediately upon one of the receipt e provisions of this to the effect that said permit is for are kept for the purpose of selling, and all files to the District Court of shall be construed to in thereof, the name of the person to any the purpose of the manufacturing as bartering, or giving away or other- - the County in which said premises whom liquors are shipped, the amount ay abridge or be contrary to the herein provided; and said person en- wise furnishing in violation of law, are situated. ind kind received, the date when dePrescribed rules and regulations made gaged therein shall render to the city it shall be the duty of any such of- y the Governor or Section 18- .- ARREST AND SEIZ-fice- r livered, and by whom delivered, and Attorney General of Hyrum City, a duplicate or person, forthwith to make URE WITHOUT WARRANT. PRO-an- d to whom delivered, after which rece ate of Utah, in relation to attorney the of statement uncopy, file with the Justice of the Peace PERTY HELD AS IN OTHER e sale of quarterly n ord shall be a blank space in which alcohol for scientific and der information supported by his ES. oath, required to be furnished to When a violation of any pro- the consignee shall be required to anufacturing purposes only, nor to iihe Attorney General, and setting oath on affirmation that he has in- - vision of this ordinance shall occur sign hig name in ink, before such ny authorized sale made by any forth the amount of all such vinegar, formation of and reason to believe, in the presence of any Marshall or liquors are delivered to such consigarehouse manager, appointed or des- - preserved cider or and does believe, that this ordinance any peace officer of the thC Gvsrnor of the State City, or oth-i- s nee, which book shall be open to alcohol manufactured amount sold to ofnUtahby being violated at a certain place, er officers having powrer to serve public inspection at any time during r to the sale of denatured warehouse managers and the amount stating the facts within his knowl- - criminal process, it shall be the duty (Continued on page 6.) ORDINANCE , one-hal- one-ha- lf 5 ' or-La- At-in- ist-an- ad Gl MER-pete- " N JAM-ACI- deten-prosecuti- A . con-abl- ordi-anc- CAS-writte- nt ce |