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Show ORDINANCE AN ORDINANCE LICENSING AND REGULATING THE POSSESSION POS-SESSION AND CONSUMPTION OF LIQUOR ON PUBLIC PREMISES. PREM-ISES. BE IT ORDAINED by ihe Cedar City Council of Cedar City, Utah. Section 1. It shall be unlawful for any place of business herein defined to permit or allow customers, cus-tomers, guests or any other person per-son to possess liquor upon which the seal has been broken or to consume liquor as dffined In this Ordinance in said place of business busi-ness without first obtaining a license under the provisions of this Ordinance. It shall be unlawful un-lawful for any person to consume liquor In an unlicensed place of business as provided herein. Section 2. Places of business as used In this chapter shall be deemed to Include cafes, restaurants, restaur-ants, public dining rooms, cafeterias, cafe-terias, taverns, cabarets and any other places where the general public is Invited or admitted for business purposes. All public dining facililes located in one building and owned or leased and operated by one license shall be deemed to be only one place of business for the purpose of this Ordinance. Section 3. It shall be unlawful for any person to store any liquor li-quor In or on any place of business busi-ness licensed by this chapter. It shall be unlawful for any licensee licen-see or any operator or employee of the licensee to hold, store or possess liquor on the premises licensed li-censed by this chapter. Persons other than the licensee or other than the operator or employee of the licensee may, with the consent con-sent of the owner, operator or employee em-ployee of either, possess and consume liquor on the licensed premises. Section 4. Each application for an annual license provided for by this chapter for which the fee shall be $150.00 shall be accompanied accom-panied by cashier's check In the amount of said fee, which annual fee shall be deposited in the City treasury. If the license Is granted grant-ed and returned to the applicant if denied, application for this license shall be an affidavit and shall be sworn to by the applicant. appli-cant. Such affidavit shall show the applicant's age, citizenship and moral character and reputation, reputa-tion, and shall show any conviction convic-tion of a felony or misdemeanoi involving moral . turpitude, II any. If applicant be a partnei ship or association or corpora tion, the same Information shall be obtained with respect to each partner or association member oi corporate director or corporate officer. of-ficer. Each licensee must be ovei the age of twenty-one years, ol good moral character, and a citizen citi-zen of the United States. No license li-cense shall be granted to an) applicant who has been convicted of a felony or misdemeanor In-.oling In-.oling moral turpitude. If th applicant be a partnership, association asso-ciation or corpwatlor each partner, part-ner, association member, corporate corpor-ate director or corporate officei shall meet all the foregoinj qualifications. Section 5. The City Marsha! shall make an examination o all applicants and shall mak recommendations In writing whether or not said applican should be granted a license. Th City Marshal shall be grantee access to all premises licensed, or applying for licenses under this chapter, and shall make periodic per-iodic inspections of said prem-lses prem-lses and report his findings to the City Council. Any license may be revoked by the City Council of Cedar City, Utah, at any time without notice, and In the event of revocation, an applicant may have a public hearing before said City Council. The decision-of the City Council shall be final In all matters of suspension under un-der revocation. Section 6. Any license issued pursuant to this Ordinance shall be displayed at all times in a public place while said business is operating under said license. Section 7. No place of business as defined in this Ordinance shall permit the consumption of liquor on the premises by a person per-son under twenty-one years of age, nor shall any place of business bus-iness permit any person on the premises under twenty-one years of age to have in his possession liquor. It shall be the af'.'rma-tive af'.'rma-tive duty of the place of business busi-ness to ascertain the age of each and every person consuming liquor li-quor or having liquor in their possession on said premises and In the event cf a prosecution for allowing violation of this act by a person under the age of twenty-one years said place of business busi-ness shall be deemed prima facie fa-cie to have allowed the consumption consump-tion or possession of liquor as prohibited by this act by a person per-son under twenty-one years, unless un-less said place of business has on file, a liquor permit identification identifica-tion card as set forth and defined defin-ed in Title 32-2-9, Utah Code Annotated An-notated 1953. Section 8. Any person convicted convict-ed of violating any provision of this Ordinance shall be punished punish-ed by a fine in any sum not exceeding ex-ceeding $299.00 or by imprisonment imprison-ment in the City Jail for a period not exceeding six months, or by both such fine and Imprisonment. Imprison-ment. Section 9. The license year for which tnis Ordinance shall be made and for which the license Issued hereunder shall be made available shall begin the 1st day of July and shall terminate 30 June of each year. Each and every license Issued under this ordinance shall terminate the 30th day of June following the date of issue of said license. Section 10. This Ordinance '.shall become effective twenty days after publication or thirty days after its passage, whichever date Is the most remote. ' PASSED by the City Council of Cedar City, Utah, this 20th day of August, 1959. ARNOLD E. ANDERSON, Mayor ATTEST: ELLEN A. SIMKINS City Recorder. CERTIFICATE I. Ellen A. Simklns, the duly appointed, qualified and acting City Recorder of Cedar City, Utah, do hereby certify that the above and foregoing is a true and correct cor-rect copy of an ordinance entitled, entit-led, "AN ORDINANCE LICENS-SING LICENS-SING AND REGULATING THE POSSESSION AND CONSUMPTION CONSUMP-TION OF LIQUOR ON PUBLIC PREMISES," passed by the City Council of Cedar City, Utah on the sixth day of August, 1959, and on file and of record In my said office. In witness whereof I have hereunto set my hand and affixed af-fixed the Corporate Seal of Cedar City Corporation, this 7th day of August, A. D. 1959. ELLEN A. SIMKINS, City Recorder August 27, 1959). |