OCR Text |
Show the facts demanded to he disclosed, ho shall bo guilty of contempt, and shall be fined not less than $5.00 nor more than $50.00. No person shall bo excused from testifying in any proceeding brought under this ordinance before a justice of the peace on the ground that his testimony testi-mony might incriminate him, but no person shall be proscecuted or punished pun-ished on account of any transaction or matter or thing concerning which he shall be compelled to testify, noi shall such testimony be used against again-st him on any proscecution for an jrime under the ordinances of this town. Section 6. Any person, firm, copartnership, co-partnership, corporation or association, associa-tion, convicted of violation of any ol Jie provisions of this ordinance shal be deemed guilty of a misdemeanor ind, where the punishment therefoi s not herein specifically provided hall be punished by a fine of noi ess than $50 nor more than $299 ,r by imprisonment in the town jai or not less than thirty days nor foi nore than six months, or both sucl ino and imprisonment. Section 7. If any section, sub cction, clause, or phrase of this or-tinance or-tinance is for any reason held to b inconstitutional, such decision shal tot affect the validity of the remain ng portions of this ordinance. Section 8. Ordinance number23i of thq Ordinances of the Town o Delta and all other ordinances o: parts of ordinances in conflict here with are hereby repealed. Section 9. This ordinance shal take effect immediately upon publi cation. Passed by the Town Board on thi 29th day of June, 1925. Jos. D. Mercer, President. Attest: Archie O. Gardner, Clerk. State of Utah, County of Millard, ss I, Archie O. Gardner, clerk o Town of Delta, Utah, do hereby cer tify that the foregoing is a full true, and corVect copy of the origi nal ordinance, entitled, "An Ordi lance Prohibiting the Manufacture and Use of Intoxicating Liquors, anc repealing Ordinance Number 2 38 en titled "An Ordinance Prohibiting th( Sale of Liquors and Providing t Penalty Therefor Within the Towr if Delta, Millard County, Utah,' iow on file and of record in my of-ice, of-ice, and that the same is publisher; by authority of the Town Board. IN WITNESS WHEREOF, I have .ereunto set my hand and affixed .he coprorate seal of the Town oi Delta, this 29th day of June, 1925. Archie O. Gardner, Clerk. An ordinance entitled "An ordinance prohibiting the niaiuifactuj-e und use of Intoxicating liquors" and repealing repeal-ing Ordinance Number 2:tX entitled "An ordinance prohibit in (he sale of liquors and providing u penalty therefor within the Town of Delta, Millard County, Utah." Jlo It ordained by the Town Board of the Town of Delta: Section 1. The word liquors as used in this tltlo shall be construed to embrace all fermented, malt, vinous, vin-ous, or spirituous liquors, alcohol, wine, porter, alo, beer, absinthe, or any other Intoxicating drink, mixture mix-ture or preparation of like nature, and all malt or brewed drinks; and all liquids, or preparations, whether patented or not, which will produce intoxication; fruits pre-sved in alcoholic al-coholic liquors of any kind; and all beverages containing in excess of one half of one per cent alcohol by vol ume, shall be deemed spirituous liquors, li-quors, and shall be embraced in thc-word thc-word llquoits- as hereinafter used in this ordinance; and all mixtures, compounds, or preparations, whether liquid or not, which are intended, when mixed with water or otherwise, to produce, by fermentation or otherwise, oth-erwise, an intoxicating liquor, shall also be deemed to be ombraced within with-in such ter'i. Section 2. Except as herinaf-ter herinaf-ter provided, the manufacture, sale, keeping, or storing for sale in this town, or offering or exposing for sale, or importing, carrying, transporting trans-porting advertising, distributing giving away, exchanging, dispensing, or serving of liquors, are forever prohibited in this town. It shall be unlawful for any person within this town knowingly to have in his possession, poss-ession, or for any firms, co-partnerships, corporations, and all associations associa-tions of natural persons, whether acting by themselves or by a servant, ser-vant, agent, or employee to have in its possession any intoxicating liquors, li-quors, except as in this ordinance provided. Section 3. The provisions of this ordinance shall not be construed to prevent any temperate person from manufaetirJ. vinegar orireserved mm frfiing cider for use or sale rthe regulations and as pro- uled for in Section 3349, of the Compiled Laws of Utah, of 1917; or to prevent the manufacture or sale for lawful purposes of any food preparation, prep-aration, or any United States Pharmacopoeia Phar-macopoeia or National Formulary prepraration in conformity with the Utah pharmacy laws, which prepara tion conforms to a standard established estab-lished by the state chemist.and contains con-tains no more alcohol than is absolutely abso-lutely necessary to extract the medicinal, med-icinal, flavoring, or perfume properties proper-ties of the drug, oil, sap, or other substance, and to preserve the same; and which substance is sold and manufactured as medicines, flavoring, flavor-ing, extracts, essences, tinctures, perfumes, per-fumes, or other similar products for legitimate and lawful purposes and not as beverages; provided, that it shall be unlawful for any person to manufacture or sell or otherwise dispose of the essence of tincture of Jamaica ginger, or any like substances; substan-ces; and provided, further, that any preparation containing in excess of one-half of one per cent of alcohol by volume, shall not be sold as a beverage. bev-erage. Section 4. Any person who shall in any street or alley, public place, store, restaurant, hotel lobby or parlor, par-lor, or in or upon any passenger coach, automobile, or upon any other oth-er vehicle commonly used for the transportation of passengers, or in or about any depot, platform, wait-in wait-in station or room, or at any public gathering, drink any intoxicating liquors li-quors of any kind, or shall be drunk or intoxicated, shall be deemed guilty guil-ty of a misdemeanor. Section 5. Any person shall be compellable in any proceeding had under this ordinance to disclose from whom or from what place he has received re-ceived liquors. For a failure or refusal re-fusal to make such disclosure, it the justice In such proceeding shall be satisfied that such person knows |