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Show (HouBi'giU l.) I Prohibiting the Manufac- ture andUse oflntoxicat- i in? Liquors, and'Rcgulati , ina:;the: Sale and .Traffic if Therein. L1 , An Act to define, , prohibit and . . . ' ' i repulato tho sale, nuuiufactnre, use, advertising of, possession of, ortraf- fic In intoxicating liquors, malt 'or brewed drinks; providing for Its en- forcctmonr, and iproyldlng penalties nd remedies for its violation; ntid repealing Chapter 100, Laws of Utah, 1011, Chapters 70, ,80, and 81, Laws of Utah, 1913, and Chapter 53, Laws of Utah, 1015. (Passed February 1, 1917 In effect ef-fect August 1, 1917. Approved by the Governor February 8, 1917.) Be It enacted by tho Legislature of the Stato of Utah: ' Section 1. Objects. This entire act shall be deemed an cxerclso of the pdltco powers of the state for tho protection of the public health, peace and morals, and all of its provisions shall bo liberally construed for tho atttalnmont of that purpose. Sec. 2. Definitions. Tho word liquors as used In this Act1 shall' bo construed to embrace all 'fermented, malt, vinous of splrltous liquors, alcohol, al-cohol, wine, porter, ale, beer, absinthe, ab-sinthe, or any other Intoxicating drink, mixture or preparation of like nature, and all malt or browed drinks; and all liquors, mixtures or I preparations, whether patented or not, which will produce Intoxication; fruits preserved In alcoholic llqUors of any kind; and all beverages containing con-taining In excess of one-half of ono per cetum of alcohol by volume, shall be deemed splrltous liquors, and shall be embraced In the word liquors ni hereinafter used in this Act; and all mixtures, compounds or preparations, whether liquid or not, which aro Intended In-tended when mixed with water, or otherwise, to produce, by fermenta-w fermenta-w tlon or otherwise, an Intoxicating' i?JJKluor sna11 olso fc deemed to be v-J Embraced withjn'such term. , s Wherever the words "this Act" appear In any of the laws of this state enacted for the suppression of tho liquor traffic, commonly called prohibition laws, they shall he construed con-strued to moan and to Include alf such prohibition laws of this stato. "Tho word "person" wherever used In this Act shall bo qonstrued to mean natural persons, firms, , co-partnerships, corporations, and al associations associa-tions of-natural persons, whether acting act-ing by themselves or by a servant, agent or employe. A "druggist" or "pharmacist," for tho purpose of this Act is defined as a person who U actually and In good faith engaged In tho wholesale and retail drug business and licensed to compound and dispense drugs or medicines. The words "Warehouse Manager," whenever used In this Act, shall be construed to' mean the bonded' dispensers dis-pensers nt wholesale of alcohol, as provided In Section 6.' Sec. 3. Prohibition. Except ai hereinafter provided, tho manufacture, manufac-ture, sale, keeping or storing for sale In this state, or offering or exposing for sale, or importing, carrying, transporting, advertising, distributing, distribut-ing, giving away, exchanging, dispensing, dis-pensing, or serving of liquors, are forever prohibited In this state. It shall bo unlawful for any person, within this stato knowingly to .have In his or Its possession any Intoxicating Intoxi-cating liquors, except as In this Act provided. Sec. 4. Enforcement. For tho ..Pnni nt nnforclnc the provisions of tbU Act the Governor is hereby authorized to empower ,tc i appoint and employ all necessary assistants, "i and to deputlzo and commission a$y ' ouch assistants to mako arrests, selzo I ' property, Inltlato and prosocuto crlm- ,H lnal proceedings, and proceedings I under tho soarch and selzuro or nuts- j nuco nnd abatement laws, and tho ' ' provisions of law for tho removal of ,! officers; and to do and perform any and every act, duty or thing In the 4 enforcement hereof which, may be done or performed by any exeiuUve, 1 peace or prosecuting 'officer. And for this purpose tho Governor may 1 deputlzo or commission any health, food, hotel or other Inspector, or any' M gime warden or probation officer, or any other employee of tho state, is M well as auy other competent person ml or porous. m An any person BodopuUzodjind commissioned shall, within tho time and scope of his commission, oxerciso all the powers, privileges and duties lh the enforcement hereof given by law to' any executive", prdsocuting or peace officer within tho ttate. ' i it f Sec. 5. Penalties. Any person convicted of violation of any of tho provisions of this Act, shall bo deemed deem-ed guilt of a misdemeanor,' and, where tho punishment' thereforo Is not herein spoclffcntty provided, shall be punished by a f ino' of1 not less than" J50 nor 'moro thanP$299, or by Imprisonment Im-prisonment in tho county Jail for not loss than thirty days nor moro than bIx months, or both such fine and Imprisonment. A person having once been convicted con-victed for a violation of any of the provisions of this Act, except Section 21, who thereafter violates the provisions pro-visions thereof, shall bo considered a persistent violator of this Act and Bhall bo deemed guilt of a felony and, upon conviction thereof, Bhall be imprisoned im-prisoned In tho state prison at hard labor for not less than three months nor more than two years. It shall be the duty of th6 prosecuting prose-cuting 'attorney', In all cases, to the best'of'his'aulllty, to ascertain whether wheth-er or not tho defendant has at any tlmo been convicted or 'any violation ok any of, tho,provisl6ns of this Act, and If so, such fact shMl bo set out In the complalh't, nnd the said prosecuting prose-cuting attorney shall, at 'the trial of such second 'or subsequent offense, Introduce In evidence a'cortlflcd copy of any or all such prior Judgments of conviction which Bhall bo sufficient suffici-ent evldenco of any such prior convictions; con-victions; and said prosecuting attorney attor-ney shall not bo permitted to uso hW discretion In charging and proving said second or subsequent offenso. Sec. 6. Sales and shipments qualifications arid duties of wnrei hoaso managers. Tho governor Is hereby authorized anil empowered to prescribe 'rules atoll regulations for tho' sale of 'alcohol' for scientific and manufacturing purposes only, and for the sale of alcohol which shall have been denatured hi"' some process approved ap-proved by tho United States Commissioner Commis-sioner of Internal llevonue. The Governor' shall establish or designate a warehouse or warehouses ware-houses and appoint or"" deslgnae' a manager or managers thereof there-of who shall? In accordance with rul63 and regulations prescribed by the Governor, have exclusive authority, author-ity, except as provided In Section '7 hereof, to buy, Import, receive, soil and distribute alcohol; and such warehouso manager or managers shall bear all the expensd Incident to Buch business and shall promptly fill all orders for alcohol at a price not to oxceed ten per centum of the cost of such alcohol laid down at such warehouse', unless a higher per centum cent-um bo authorized by the Governor. The warehouso manager shall have authority to buy and Import and mako shipments or deliveries of alcohol alco-hol only according to rules mado by tho Attorney general, and shall mako no Imports, shipments or deliveries which do not bear on the outer package pack-age or container, in a" conspicuous place, a lahol or tag securely afflxod, obtained from and designed and authorized au-thorized by tho Attorney General, 'which shall bear tho words; "ALCOHOL "ALCO-HOL SHIPMENT NO DATE AUTHORIZED AUTHOR-IZED by tho Attorney General." Said labels or tags shall be numbered consecutively con-secutively by tho Attorney General, and an accurate record of all shipments ship-ments or deliveries, In numerical order or-der bearing tho labol number, shall be kept by tho warehouse manager, which records shall show tho date of sale and purchase, quantity bought or sold, name and address of purchaser, pur-chaser, and moans or route of shipment ship-ment or delivery. Such records and tho' stock shall at all times bo open to Inspection by alj executive, prosecuting' prose-cuting' or peaco officers. Any warehouso manager appointed or designated by the Governor, pursuant pur-suant to this Act, shall, before en-tdrlng en-tdrlng upon tho duties imposed by this Act, give a good and sufficient bond to tho Stato of 'Utah In tho sum of not les3 than throe thousand dollars, dol-lars, and conditions upon the faithful faith-ful dls'c'brirgo and performance of such duties. Such bond shall bo approved' ap-proved' fiy the Governor and filed with tho Secretary of Stato. See. 7. Exceptions permits as to wholwnlo by nttorney general records rec-ords ami reports. Alcohol may bo purchased at wholesalo by druggists, hoYrlltal1, scientific" and manufacturing manufactur-ing Institutions, only from tho Warehouse Ware-house managers and only on written peKltitAUojifeneralfor scientific and manufacturing pur- poses, by filing' with tho Attorney General a statement' In writing, 'under 'un-der oath, staling that tho applicant desires tho alcohol for lawful purposes, pur-poses, " and Belling 'fortli 'such purposes'. pur-poses'. A-'scparato1 statement r shall' bo mado for each purcha'se bri'-forma supplied' by " tho"1 Attorney General; such statement giving the namor na-turo na-turo and place of business oftho ap-1 pllcant, tho placo whero tho alcohol Is to bo'UBod, thevnathro of said business, busi-ness, ' the purposes for which said alcohol Is to" bd used and tho quantity quan-tity desired, anil that said applicant will not vlolato any of tho provisions of this Act. Any person authorized to ship alcohol al-cohol shall fill In tho actual dato nt shipment Indelibly on tags or labels. An accurate record of all shipments and gales of alcohol must bd kept by druggists and a report of all such sent to the Attorney General on the first day. of each and every month, giving tho dato and number of shipment ship-ment as shown by 'the tag 'or label, quantity of alcohol sold or shfppdd, riamb'arid address1 of 'purchaser and means and routo of 'delivery. Any person falling so to record nnd report Buch sales and shipments, or falsely making' any record" or report, shall bo deemed guilty of a misdemeanor. Sec. 8. As to retail penult by justices of tho ieacc, duties of drug-gist drug-gist sales to certain persons prohibited pro-hibited penalty for violation. Any person who shall dcslro to purchaso alcohol for scientific or manufacturing manufactur-ing purpises, except as provided In Section 7, shall apply In person to a Justice of tho Peaco of tho precinct or city for a permit to mako such purchaso. To procuro such permit, ho shall mako and fllo with the Ju3-tlco Ju3-tlco of the Peace In tho county where tho alcohol Is to bo used, a statement state-ment In writing under oath, stating that tho affiant is not of Inteinperata habits or addicted to tho use of any narcotic drug; that ho' Is of sound mind, not a minor or Indian; that such alcohol will not bo used as a beverage nor for any purpose other than that stated, and shall sot forth the' quantity desired and the 'purpose for which ho desires said alcohol; and that he will not uso nor permit any other person to' uso any such alcohol for an unlawful purpose and ho shall glvo his residence (stroet ad'dro3s, In cities whero' same is generally ro-qnlred ro-qnlred for delivery of U. S. mail) and the placo at which such alcohol Is to bo used, and shall sign his nanio in full in Ink. If tho Justlco of tho Peaco Is satisfied sat-isfied as to the good faith of tho applicant, ho shall Issue to said applicant, ap-plicant, filled out In Ink, n permit to purchase alcohol for scientific or manufacturing purposes. Tho original of said permit shall havo attached thereto a duplicate copy and each shall be numbered with tho same number, and be In substantially sub-stantially tho following form: Stato of Utah County of ss. , residing at Is hereby permitted permit-ted to purchase alcohol In tho amount of (here Insert quantity written In Ink, In words nnd numerals) to bo used for scientific or manufacturing purposos. This permit can bo used for only ono purchaso, pur-chaso, and the copy hereof attached hereto Bhall bo conspicuously nnd securely se-curely pasted upon tho packago containing con-taining said alcohol, andthls pornit to purchaso shall bo void after twenty days from date hereof. By order of tho Justlco of tho Peace of (precinct or city). Dated this day of 19 Justice of tho Peace. Sales pf alcohol, which aro shipped to tho purchaser by druggist on permits per-mits of Justices of tho Peace, must bear on the outer package In a conspicuous con-spicuous placo a label or-tag, securely secure-ly affixed, supplied by t"o Attorney General, which shall bear those words: , "ALCOHOL Shipment No Dato DrugglBt Permit. AUTHORIZED by the; A( (ornoy General of Utah." All Justices' of the Peace who shall Issuo permits under this Act, shall enter the number of stlth permit bo Issued upon the' statement and rip-plication rip-plication for the same, together with tho quantity o'f alcohol allowed and the dflto, and shall fllo'such 'applications 'appli-cations In 'numerical order; and koop sathb oh 'file for aYlbust one year, ducti applications ShalPbd Open' to the Inspection of any executive, pros- - I ecutlng or peaco officer at any time. I The pormlt mentioned in' this soc-tlon soc-tlon shall authorize tho applicant to purchase and any druggist to sell anU deliver "or 'ship to such applicant, tbVquantlty 'named In said pormlt. Tho permit shall be canceled by such druggist; and kopt on1 file by him In order by dates for at least ono year, and tho copy of 'said permits shall be, by the1 Urugglst, conspicuously nn'd securely pasted upon thd rocop-taclo rocop-taclo containing said alcohol, nnd shall so'rematn upon said receptacle so long ns tho samo shall contain alcohol. Said pormlt shall authorize only'onb purchase nnd Bale. It Bhall bo unlawful for any druggist to soil alcohol without tho permit herein specified, or for any person to keop or 'have In his possession any alcohol alco-hol unless the receptacle containing the same" shall bo dlstluctly labeled with tho copy of the permit authorizing author-izing 'the purchaso of tho'1 samo, or tho tags or labels furnished by the Attorney General authorizing tho purchase of the same, or tho tags nnd labels furnished by the Attorney General Gen-eral authorizing shipments. Tho permits per-mits on fllo nt any druggist's place of business shall bo opon to public Inspection.- Provided, however, that alcohol, liquor's, alcoholic extracts, essences, riiedlclhes or any preparation containing contain-ing In oxcess of one-half of ono per centum of alcohol by volume, which can be used a3 a beverage, shall not bo sold or furnished by druggists or any other dealer or persons to any person of Intemperate habltsor addicted ad-dicted to tho uso of any narcotic drug, minor, Indian, or person of unsound un-sound mind. A signed notice In writing' writ-ing' served on any Justice of the Peace or any druggist or other dealer or other person by a peaco officer, or by tho wife, husband, mother, father, sister, brother, son, daughter or guardian of any such minor or person, Informing any such Justlco of tho Peace, druggist or other deal er or person that the applicant or purchaser la intemperate, or addicted to tho uso of any nnrcotlc drug, a minor, an' Indian, or person of unsound un-sound mind, shall be prima facto evidence evi-dence of such fact. Any Justice of thoToaccwho'Bhall Issuo a permit to buy alcohol, and nny person who shall sell nny liquors or preparations montloned in this paragraph, for six month thereafter, to such degarred person, aftor "such notice has been servod, without a hearing having been had to determine the facts, shall bo deemed guilty of a misdemeanor. A conviction of any Justlco of tho l'eace under this section shall also be a forfeiture of his office, and tho court before- whom such conviction Is had shall, In addition to lawful ponaltlcs for mlsdomeanor, order and adjudgo a forfelturo of such office. In caso of notice served as aforesaid, afore-said, a hearing thereon shall bo held by the Justice of tho Peace, upon petition of tho application for liquor. Every Informant serving notlco as aforesaid shall bo subpoonaed to ap-pear ap-pear and testify nt such hearing and bo given an opportunity to produco any evldenco therein, provided that any peaco offlco, relatlvo or person, as described horoln, upon such hearing, hear-ing, may ta'ko a chango of venuo In the manner'provlded by law therefor. there-for. ' Sec. 9. Manufacture and snle vinegar nnd proprietories, alcohol, non-lntoxlcatlng elder, and fowl preparations pre-parations snlo of Jamaica Ringer or llko substances forbidden exceptions. excep-tions. Tho -provisions of this Act shall not be construed to provont nny tempernto person from manufacturing manufactur-ing vinegar or presorvod non-Intoxicating cider for uso or salo; or to prevent tho manufacture of puro alcohol alco-hol for salo to tho warehouse man-agor man-agor only, or, for shipment out of tho state; provided, that nny person who" may engage' in the manufacture of vinegar, preserved non-lutoxlcatlng elder or alcohol for salo, as horoln provided, shall before commencing tho manufacture thereof first obtain n permit from tho Attorney Oeneraf, by filing an affidavit to the effect that said permit is for the purpose of tho manufacturing M horeln pro-, vldoili and said person engaged therein shall render a quarterly statement under oath to tho Attorney General, giving such facts as shall be 6alled tor by the Attorney Gonoral and setting forth the amount of all such vlneg'ar, presorved non-lntoxl-catlng elder Or alcohol manufactured, amount sold to warehouse managers nnd the amount shipped out ot tho, stale; or to'ProVent the manufacture Sr said fdr lawfill purposes of any! t6od preparation, or any United States pharmacopeia or national I formulary preparation In conformity with tho Utah pharmacy laws, which preparation' conformB to a standard establlshed'by" thoStato chemist, hnd contains no moro alcohol than Is absolutely necessary to extract tha' medicinal, flavoring or perfume properties pro-perties of'lho drug, oil, sap or other substance nnd to presorvo tho samo; and which substance Is manufactured and sold ns medicines, flavoring extracts, ex-tracts, essences, tinctures, perfumes, or other similar products for legltl-ipato legltl-ipato nnd lawful purposes and not as beverages; provided, that It shall bo unlawful for any person to manufacture manufac-ture or sell or othorwlso dlsposo of tho cssonco or tincturo of Jamaica ginger, or any llko substances; and p'rovldod, furthor, that nny preparation prepara-tion containing In excess ot ono-half of ono per centum ot alcohol by volume, vol-ume, and which 'Is shown on annlysls by tho State Chemist, can bo used ns a bovcrago, shall not bo sold; or to provent tho manufacture or salo of wood or denatured alcohol under tho rules established by tho Governor, Govern-or, and In compliance with tho formulas form-ulas and -rules established by the United States; or to provont tho importation im-portation ot wines for sacramontal purposes only, by religious bodies, In the same manner as provided In Section Sec-tion 0 for tho Importation ot alcohol by tho Warehouso Manager. Sec. 10. ProicrtleM used lit violation vio-lation of this Act declared common iiutsnnceH. All promises, buildings, Vehicles, boats -and all other plncos whero Intoxicating liquors aro manufactured, manu-factured, sold, bartered, kept, stored or given away, or used In violation of law, or whoro persons aro permitted to resort for tho drinking of Intoxicating Intoxi-cating ltquora as a beverage, or whero Intoxicating liquors nro kept for uso, sale, barter or dellvory, In lolatIon ot law, and all Intoxicating liquors, bottles, glasses, kegs, pumps, bnrs and other properties kept In and used in maintaining such promises, buildings, vohlcles, boats or other places, aro hereby declared to bo common nuisances; and nny porsou who maintains, or assists In maintaining maintain-ing any such common nuisance, shall bo held guilty ot a mlsdomeanor, and upon conviction shall bo punished for each offense, as provided In Section 5 hereof for offenses under this Act. Sec. 11. Injunction nnd Abatement Abate-ment by suit. Whenever a nuisanco la kept, maintained or exists, as defined de-fined In this Act, the samo may be enjoined and abated by a suit In equity, as provided by Chapter 99, Laws of Utah, 1913, for tho abatement abate-ment ot common nuisance's; or If any person shall bo convicted In a criminal crim-inal trial of maintaining any such nuisanco as herein defined, nn Injunction In-junction shall Issuo perpetually enjoining en-joining said person from maintaining maintain-ing such nuisance tho samo as though a formal application for an injunction injunc-tion had been applied for. Upon such conviction, tho county attorney shall proceed against tho proporty used In keeping or maintaining such a nuisanco as provided In Chapter 99 Laws ot Utah, 1913, and tho record (Continued on pngo four) |