Show AN ORDINANCE FOR THE LICENSING regulation AND CONTROL OF BEVERAGES containing IN EXCESS OP OF ONE HALF OF ONE PER OF ALCOHOL BY BV VOLUME AND NOT TO EXCEED 32 PER OF ALCOHOL BY BV WEIGHT AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OP OF FILLMORE CITY UTAH SECTION I 1 it shall be unlawful lor for any person to engage in the business of a wholesaler or retailer ot of beer within the corporate limits ot of fillmore city without first having procured a license irom from the city council of 0 fillmore city as herein alter after provided SECTION 2 the word beer as used in this ordinance means any beverage obtained by alcoholic fermentation men of an infusion or decoction of barley malt mail hops and other ingredients in drinkable water and containing in excess ot of one halt half of 0 one per of alcohol by volume and not more than 32 per ot of alcohol by weight the word retailer means any person engaged in the sale or distribution trib ution of 0 beer to tile the consumer the word wholesaler means any person other than a brewer on in the distribution of 0 beer in wholesale or jobbing quantities to retailers SECTION 3 licenses issued hereunder shall be of 0 the following kinds and shall have the following privileges class A retail license entitles the hie licensee to sell beer in the original container not to be consumed athe tae premises k a B retail license entitles entities the licensee to sell beer in bottles having the label of the maker thereon tor for consumption on the premises and to all the privileges granted to the holder ot of a class A retail license class C retail license entitles the licensee to sell beer on draft tor for consumption upon the premises or otherwise and to all the privileges granted to holders ot of class A and B retail licenses wholesale license entitles the licensee to sell beer to retailers tor for resale lut but shall not entitle him to any of the privileges granted to the holders of class A B or C retail licenses SECTION 4 application for a I 1 license to engage in the business ot of a wholesaler wholesaler or retailer ot of beer within the corporate limits of fillmore city shall be made in wilting under oath on forms provided by the city council or such persons as they may hereafter delegate and containing such information as the city council may require SECTION 5 no license shall be issued to any person except a citizen of the united states of good moral character over the age of twenty one years who liag has not been convicted of any felony and who has not since the second day of january 1934 been convicted of any violation of any state law or city ordinance ot of Fil fillmore linore city prohibiting or regulating the traffic in intoxicating liquors or beer provided that a license may be issued to a co part or corporation it if the members of said partnership co or corporation po ration or the directors and officers of such corporation as the case cage may be are ot of good moral character andi and none of them have been convicted ot of any felony nor since january 2 1934 have been convicted of 0 any violation of any law ot of the state of utah or ordinance ot of fillmore city regulating the traffic in intoxicating liquor or beer SECTION 6 said application it if class C retail license shall be accompanied by a corporate surety bond in the penal surn sum ot of to be approved by the city counell council conditioned that such retailer will faithfully comply with the laws of the state of utah and the ordinances of fillmore fellmore city and in particular all laws and ordinances relating to the sale keeping or dispensing ot of intoxicating liquors or beer A separate bond shall be given lor for each place where beer Is to be sold on draft SECTION 7 said application tor for a class A or B retail license shall be accompanied by a corporate surety bond in the penal sum of to be approved by the city council conditioned that such retailer will faithfully comply with the laws of the state of 0 utah and the continued on page ten AN ORDINANCE TO GOVERN expenditures IN FILLMORE CITY FOR fon THE CALENDAR YEAR OF 1031 bo be it ordained by the city counell council 0 of fillmore city utah section 1 WHEREAS section 2 of chapter 30 laws ot of utah 1926 1925 provides that the city council of cities of 0 the third class shall adopt a budget tor for the next calendar year and shall pass an appropriation ordinance to govern the expenditures of the said bald following year on or before december of 0 each year and WHEREAS due notice was properly published of holding a meeting and public hearing prior to the adoption of said budget section 2 NOW the city council of fillmore city hereby ordains and adopts the following budget to govern expenditures in said fillmore city for the e calendar year of 1934 GENERAL FUND mayor and council treasurer recorder librarian fuel books etc tor for library 2000 celebrations public health 2500 office expense 1500 0 printing hearse auditing attorney mayor council expense pro rata hata salaries miscellaneous telephone official bonds ELECTRIC FUND salaries maintenance and extensions telluride power co office auppl supplies ea sundries insurance WATER WORKS FUND salaries maintenance bond interest sinking fund sundries pro ruta rata salaries STREET SIDEWALK FUND cemetery bonds miscellaneous repairs alai maintenance ii tena lice janitor pro rata salaries 1500 irrigation FUND maintenance sundries 2000 passed by the city council of fillmore city at a special meeting held at the chambers of the council december 1933 all councilmen present and voting yes signed H E DAY mayor attest R noble day recorder STATE OF UTAH SS county of millard 1 I R noble day the duly elected qualified and acting city recorder of 0 fillmore city utah hereby certify that the above and forgoing la Is a full true and correct copy of an ordinance passed by the city council of fillmore city at a special meeting of said council held december 1933 11 NOBLE DAY city recorder of fillmore city BEVERAGE LICENSING ORDINANCE continued from page one ordinances of fillmore fellmore city and in particular all laws and ordinances relating to the sale keeping or dispensing of 0 intoxicating liquors or beer A separate bond shall be given tor for each place where beer Is to be sold under a class A or B license SECTION 8 before a license Is issued for the consumption of beer on the premises the applicant must have first procured from rom the health officers of fillmore city a permit showing that the premises are in a sanitary condition and that he has complied Plied with all regulations of the health officers relating to the dispensing of beer any license issued pursuant to this ordinance shall be available only to tile the person partnership co or corporation specified herein and only f tor 0 r the premises described in said fera abi license and shall not be transferable e to any other person co part or corporation or to any other premises SECTION 9 all ordinances of fillmore city which may be in conflict with or repugnant to tilts or dirance are hereby repealed provided however that nothing in this ordinance or this section shall be taken to repeal or otherwise invalidate any ordinances of 0 fulmore fillmore city prohibiting or making unlawful the sale of intoxicating liquor except beer as herein defined de tined SECTION 10 all applications for or licenses shall be accompanied by the tees fees hereinafter provided the license fees tor for the retailing or wholesaling ot of beer shall be as follows follow s for class A retail license for one year or any part thereof 1000 for class B retail license tor for one year or any part thereof 2000 for class C retail license tor for one year or any part thereof for a wholesale license tor for one year or any part thereof 2500 all licenses issued hereunder shall expire on december of the year in which the same are issued SECTION 11 no person shall sell dispense furnish or give away beer at any public dance hall dance pa papillion pavillion pavil llon or place where public dances are held or the public is pe permitted amit to dance the term dance hall as herein used shall be construed to include all adjacent rooms opening directly or indirectly upon th dance floor but such term shall not include u 1 cafe cabaret or hotel no person shall sell dispense furnish or give beer to any person who appears to be intoxicated or under the influence of intoxicating liquor or to any person under tinder the age of 21 years SECTION 12 no dealer or wholesaler shall either directly or indirectly supply give or pay tor for any furniture furnishings fixtures or equipment of a retailer nor shall such ouch dealer or wholesaler advance furnish money or pay tor for any license of a re retailer taller or be financially interested either directly or in ta the conduct or operation of the business of any retailer SECTION 1 13 3 it any licensee hebein above described shall be convicted of any violation of 0 any law of 0 the state of 0 utah or any ordinance of fillmore city relating to the manufacture sale or possession ol of intoxicating liquor or beer or it in the opinion of 0 the city council the premises are not maintained in a sanitary condition or it if ln in the opinion ot of the city council the business is conducted in a disorderly or improper manner the city city council may i evoke devoke or suspend the license of 0 any such licensee the acts of the city council in gi denying revoking or suspending license of 0 any such licensee shall not be subject to any review whatever except tor for fraud or corruption or the capricious and arbitrary i erusal to exercise discretion in granting denying revoking or suspending licenses SECTION 14 no license shall be granted tor for the sale service or dispensing of 0 said beer to be consumed on oil the premises where such service or dispensing in the opinion of the city council will be contrary to the public welfare 0 A SECTION 15 all licensed I 1 premises shall be subject to inspection by any peace officer or by any member of the city council or by the mayor or any member of 0 the city attorneys office or by the city health officers during the hours when alien the said premises are open for or the transaction of business each license shall be displayed in a conspicuous place on the pr premises alses at all times SECTION 16 any person who shall engage in the business of a wholesaler oi retailer of beer within the corporate limits of fillmore city without having an appropriate license from Fil fillmore linore city or whose license issued by fillmore city lias has been revoked suspended or cancelled or who be convicted of the violation of any ot of the provisions of thin ordinance shall be gull ty of a misdemeanor and upon conviction shall be punished hed by a tine fine ot of not less than nor exceeding or by imprisonment in the city jail for a term not exceeding six months or by both such tine fine and imprisonment SECTION 17 in the opinion 0 of the city council it is necessary to the peace health and safety of 0 the inhabitants of fillmore city that this ordinance become effective immediately med lately SECTION 18 this T h I 1 a ordinance shall become effective upon its passage approval and publication provided however that the licenses herein provided for are to become operative at A at on the first day of january 1934 SECTION 19 this T ii I 1 s ordinance shall take effect upon its first publication dated this ibis day of december A D 1933 passed by the city council of willinore Fil linore city utah the day 0 of december A D 1933 approved this day of december A D 1933 11 II E DAY mayor A attestation TTE STATION STATE OF UTAH county of millard 1 I R noble day duly clec alecta teU T qualified and acting city recorder hereby attest that the above and fore foregoing ordinance was waa duly and regularly passed at a meeting ot of the city council of fillmore rill more city on tile the day of december 1933 with the following officer being present at which time councilmen lambert robins anderson warner voted for the passage of said 4 ordinance and no vote was cast a galust its passage signed R NOBLE DAY city recorder ot of fillmore city utah SEAL ABOVE ORDINANCE PREPARED AND APPROVED BY B Y CLINE WILSON CLINE ATTORNEYS AT LAW by E vanes vance wits on A f |