Show an ordinance an ordinance to define prohibit and leg the sale e use possession of or traffic in in liquor malt or ore irid iri d drinks pro providing tiding for its ment ind pro providing penal penalties tle and remedies fer for its violation tio lation and ie e pealing all ordinances oldin ances and of f ordinances in r with the proAl provisions of tills this ord ordinance the city council of eureka city ordains section I 1 definitions the word liquors as used in this ordinance shall be construed to embrace all fermented malt vinous or spin tous liquors alcohol wine porter ale beer absinthe or any other intoci eating cating drink mixture or preparation of like nature and all malt or brew ed drinks and mixtures or preparations whether patented or not which will produce intoxication fruits preserved in alcoholic liquors of any kind lond and all beverages con taming in excess of bf one halt half of one 4 per of alcohol by volumn shall be deemed spirituous liquors 4 and shall be embraced in the word liquors as hereinafter used in this ordinance the word person wherever used in this ordinance shall be construed to mean natural persons firms co partnerships corporations and all associations of natural persons whether acting by themselves or by a servant agent or employee A druggist of or pharmacist for the purpose of this ordinance is de fined as a person who Is actually and in good faith engaged in the whole sale or retail drug business and it 11 i censed to compound and dispense drugs or medicines section 2 prohibitions except as hereinafter provided the manu facture sale keeping or storing tor for sale in this city or offering ott ering or ex posing for sale or importing carry ing transporting advertising dis giving away exchanging dispensing or serving of liquors are forever prohibited in this city and it shall be unlawful tor for any person within the corporate emits of eure ka city knowin knowingly kly to have in his her or its posses possession sidn any intoxicate ing liquors except as in this ordin ance provided I 1 1 1 section 3 penalties any person P convicted of violation of any of provisions of this ordinance shall 1 be deemed guilty of a misdemeanor and where the punishment is not herein specifically provided v shall be e punished by a fine of not I 1 less than fifty dollars 50 00 or i more than two hundred and ninety ai f nine 00 or by imprison I 1 ment in the city jail not less than alit thirty days or more than six months it or by both such tine fine and imprison 40 section 4 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 L coach street car or other ve vehicle hicle commonly used tor for the transports tran tion of passengers or in or about any depot platform waiting room or station room or any public gather ing ng within the limits of eureka city drink any intoxicating liquor of any kind or who shall be drunk or in within the corporate limits of said city shall be deemed guilty of a misdemeanor section 3 5 sales and shipments when authorized none of the pro milons of this ordinance shall be construed to in any way abridge orbe contrary to the prescribed rules ruler and regulations made by the gov arnor or the attorney general of the state of utah in relation to the sale of alcohol tor for scientific and manu fracturing fac turing purposes only nor to any authorized sale made by any aware ware house manager appointed or besig bated by the governor of the state of utah or to the sale of denatured alcohol by some process approved by the united states commissioner of internal revenue section 6 permits at wholesale alcohol may be purchased at whole sale only by druggists hospitals scientific and manufacturing unions within eureka city and only from a warehouse manager and op writing permit as provided by law section 7 permits to purchase and dispose of alcohol alcohol may be purchased dispensed and used by druggists hospitals scientific and manufacturing institutions and per sons in conformity with sections 7 and 8 chapter 2 laws of utah 1917 as far as they apply to cities and city officers and in no manner and all of the provisions of said sections therein contained re lating to the issuance of permits re quire ments of druggists and justice justic eq of the peace shall be made applice able to the city justice and drug fists within the corporate limits of eureka city section 8 property used in vio lation of this act declared common nuisance all premises buildings vehicles boats and all other places where intoxicating liquors are manu fractured sold bartered kept stored or given away or used in violation of law or where persons are per to resort tor 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 intoxicate ing liquors bottles glasses kegs pumps bars and other property kept in n and used in maintaining such pre mires buildings vehicles boats or other places are hereby declared to be common nuisances and any per son who maintains or assists la in maintaining any such common nul nut sance shall be held guilty of a mis demeanor section 9 owner falling ing to abate nuisance penalty anyone who knowing permits any building or premises owned or leased by him or under his control or any part there of to be used in maintaining a corn com mon nuisance as defined in this or denance or who after being notta e I 1 in writing by the prosecuting officer or officers or citizen ot of such use omits to take all proper measures either to abate said nuisance or fai fat ing therein to reject the person or persons so using the same shall be deemed deemed guilty of is assisting in the maintaining of such nuisance section 10 search and seizure duties of officers reports to be made it if any city officer or other person has probable cause to believe that liquors are possessed manlutac aured sold bartered given away or otherwise furnished in violation of this ordinance or are kept for the purpose of selling bartering or div ing away or otherwise furnishing in violation of 01 law it shall be the duty of any such officer or person forth with to make and file with the jus tice of the peace written tion supported by his oath on affirm atlon 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 knowledg eland and upon which he bases his belief and he shall des cribe as particularly as may be the place and the name of the persons it if known participating in such un lawful act the justice ot of the peace upon finding probable cause to believe that the facts stated in such infer mation are true shall issue a search warrant directed to any peace off in the city whom the complainant may designate describing as bartic as may be the liquors and the place described in said information and the persons named and describe ed in said information as the owners or keepers of said place and on find ing liquors in unlawful possession or use to arrest persons found there in and bring them before said court and to seize the said liquors with vessels containing them and all implements impje ments furniture and fixtures used or kept for such illegal acts and keep the same securely until final action be had thereon whereupon the said officer to whom such warrant shall be delav ered shall forthwith obey and exe cute as effectively as possible the commands of said warrant and make return promptly of his doings to said justice with an itemized in centory of all liquors and property or things seized and also a list of all persons in whose possession the same were found if any and it if no person nerson be found in possession of aid liquor or property bis its 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 pos session of any such liquors furni ture or r fixtures so seized and it if no person be found in possession there of a copy of said 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 of aicer directed to serve the warrant is hereby authorized and required to force apen open the same it if fluids are poured out or otherwise destroy ed by any tenant assistant or other person when the premises are searched or about to lae be searched apparently for the purpose of preventing the seizure said fluids shall be held to be prima facie intoxicating liquors and intended for unlawful use sale barter exchange or away I 1 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 general such act together with detailed information as to the property seized and persons arrest ed with the address of the place from which said property was selz ed to the prosecuting attorney of the city or county in which such seiz ure was made and also to the at torney general section 11 seized property not released He leased trial on merits condic tion bar to all suits when any liquor vessels property or other things shall have been seized by vir tue of any such warrant the same shall not be discharged or returned to any person claiming the same by reason of any alleged insufficiency of the description in the warrant tit bf the liquor property or place nor by writ of replevin or claim and de livery or any other process but the claimant shall have the right to be heard on the merits of the case and final judgement jud gement of conviction in such proceedings shall in all cases be a bar to all suits tor for the recovery of any liquors or other things seized or of the value of the same or for damages alleged to arise by reason of the seizing and detention thereof section 12 returns jurisdiction of court proceedings judgment in the event of a seizure under the warrant as provided for in section 10 the officer shall forthwith make return of his acts to the city justice of the peace and it if by said return it appears that liquors vessels or other things used for pur poses of selling or otherwise dis posing of such liquors contrary to law have been found upon the pre mires described in said warrant the city justice of the peace shall forth with certify the record and all files to the district court of the county in which said premises ale are situated section 13 arrests and seizure without warrant property held As in other cases when a viola tion of any provisions of this erdl dance shall occur in the presence of any marshal or any peace officer of the city or other officer having pow er to serve criminal process it be the duty of such officer warrant to arrest the offender seize the intoxicating liquors ves sels sets and other property so fully used and to take such or offenders immediately before justice of the peace and there make complaint under oath charging the offense so committed and he shall make return setting forth a lar description of the liquors vessels and other property seized and at the place where the same were seized whereupon the justice of the peace shall issue a warrant commanding and directing the officer to hold the property so seized in his possession until charged by due process of law section 14 having in possession if it any peace officer shall have probable cause to believe any person has on or about his per son hy any kind of receptacle or in any vehicle under his control laiq bors la in any quantity in violation of an of the provisions of this erdl nance such peace officer shall have authority to examine such veli vehicle fele and receptacle and the contents thereof and the thi finding af any laiq bors in the possession of any sach such person or under his control not bearing a permit of the justice of the peace or a tag or label of the attorney general shall be prima facie evidence that such person shall be forthwith arrested by such boffl section 16 15 officers to enforce provisions persons to render As si stance the mayor city attorney Atto ruey justice of the peace city marshal and all peace officers of the city shall diligently enforce the provi siona of this ordinance and for the purpose of enforcing this ordinance all peace officers shall have access ingress and egress to and from all places of business factories farms buildings carriages and cars used in the manufacture storage trans Por port atlon tation or sale of any liquors al coholic essences extracts medicines or other such preparations cider or other beverages and also in rants 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 con contain tait any article manufacture ed sold or exposed for sale or held in Posses possession slon with intent to sell in violation of the provisions of this or denance and may inspect the he con tents thereof and may take samples for an analysis alYsiA all dealers clerks bookkeepers express agents railroad officials employees or corn com mon carriers shall render to them all the assistance in their power when so requested in tracing find ing air 0 r discovering the presence of any article prohibited by law and securing securing p samples thereof as provided for any refusal or on the part of such dealers clerks bookkeepers agents railroad bials employ employees ees or common carriers to render such aid or to furnish such sample tor for analysis as provided tor for in this section shall be deemed gull guil ty of a misdemeanor section 16 records of carriers evidence in court failure to keep constitutes misdemeanor common carriers within eureka city are hereby required to keep a separate book at the point of delivery in which shall be entered I 1 immediately amed I 1 abely upon the receipt thereof the name of the person to whom liquors are shipped the amount and kind receil ed the date when delivered and by whom delivered and to whom delav ered after which record shall be a blank space in which the consignee shall be required to sign his name in ink before such liquors are delivered to such consig nee which book shall be open to public inspection at any time dur ing business hours of the company any employee or agent of any corn com mon carrier falling failing or refusing to comply with the provisions of this section shall be deemed guilty of a misdemeanor section 17 accomplices excel eions as to agents of authorities none excused from testifying any person who shall aid abet counsel or procure an unlawful sale unlawful ul gift or other un tin lawful disposition of liquors or shall act as agent or assisting friend of the seller in procuring 0 or effecting the unlawful sale or pur chaser chase of ot any liquors shall be guilty of a misdemeanor noth ing in this ordin ordinance grice shall be con as prohibiting any person from purchasing liquors contrary to the provisions of this ordinance when acting as the agent of the author ties charged with the enforcement of this ordinance in the detection and conviction of violators of said laws section 18 prescriptions limit ed penalty for violation it shall be unlawful for any physician vet leri er marian or other person to pre scribe for any person any liquors liquor for beverage purposes or any corn com pound containing in excess of 0 one halt half of one per by volumn lof of alcohol which la Is capable of 0 being used as a beverage or to prescribe any medicine containing in total content of such prescription more ithan than four ounces of alcohol and such prescription shall not be refill ed within seven days any person violating any of the |