Ogden Daily Standard | 1918-01-26 | Page 16 | Legal Question over Removing Booths in Restaurants

LEGAL QUEST! OVER REM BOOTHS III RESTARTS Interior construction of cafes and restaurants, relative to booths and screened compartments, may not bo subject to city regulation, such as is contemplated in the ordlnanco prepared pre-pared and filed with the commissioners commission-ers Thursday by tho Restaurant Conservation Con-servation association of Ogden. Mayor T. Samuel Browning, however, believes be-lieves otherwise. It is understood that serious doubts prevails in some departments of the city government whether an ordinance defining the description of Interior construction can be legally passed. The question, it is stated, arises from the fact that Utah is a prohibition state and that it is presumed that only food and legalized liquids, milk and coffee, will bo served. If tho state had not prohibition and there was a reasonable rea-sonable presumption wines were being served, interior construction of cafes and restaurants might be placed under police regulation. "Individually, I, have not the slightest slight-est doubt that the city can regulate tho cafes and restaurants as regards the construction of booths and screened screen-ed compartments.'' said Mayor Browning. Brown-ing. "I understand that years ago an ordinance containing this particular particu-lar regulation was hold unconstitutional unconstitution-al by a ruling handed down by Judge Henry H. Rolapp. then of tho district court. My understanding, however, is that he ruled upon tho ordinance as a whole and not upon this particular feature." "I am Investigating every possible phase of the question and will bo able to report to the commissioners upon the restaurant men's ordinance within a few days." said City Attorney W. H. Reeder. "I have not investigated sufficiently suf-ficiently to warrant an opinion at this time. For that reason, I am compelled to decline to discuss it I am familiar with the opinion handed down by Judgo Rolapp. but am not prepared to say at this time just to what extent it may govern in tho present situation." situa-tion." The ordlnanco as prepared is a part of the vice campaign inaugurated by Police Chief Browning last week. It Is intended to reduce juvenile delinquency delin-quency by reducing midnight suppers and other teto-a-tet03 in sequestered nooks, by eliminating tho nooks. According Ac-cording to information by the police, scores of the growing generation boys and girls havo acquired the unfortunate unfortu-nate habit of using the booths and screened compartments of the allnlght cafes to hide their Improprieties.