Show J ORDINANCE No lio 44 4 I AN ORDINANCE PROVIDING FOR TH THE TIlE I LIC LICENSING OF OP tIE THE SALE HALE OF LIGHT BEER R. R AT AS RETAIL REGULATING Tn E I SALE OF LIGHT BEER AT RETAIL l LICENSE FEE FOR Fort RETAILERS RE RE- OF LIGHT BEER DEFINING C CERTAIN WORDS PROVIDING TH THE E PENALTY FOR VIOLATION OF OO U THIS S ORDINANCE REPEALING ALL ORDINANCES OR OR- OR PARTS OF ORDIN ORDIN- I ANCES IN CONFLICT WITH TH THIS IL ILAND I ORDINANCE AND FIXING A DA IK DA-IK E WHEN THIS TIllS ORDINANCE Sh SHALL A LL TAKE EFFECT The Board Boara of Coun County ty s of the County of Summit State of Utah ORDAINS as liS follows SECTION 1 That there is hereby en enacted enacted en- en acted an Ordinance providing for th the e licensing and regulation of tnt the sale o of f Light Beer at retail recall fixing the fees fo for r re retailers allers defining certain words providing pro pro- viding the penalty for the violation o of ot f this ordinance and repealing all or ordinances or- or or parts of ordinances In conflict con con- herewith and providing when this ordinance shall take effect which shall 1 be and read as follows SECTION 2 2 It shall be unlawful fo for r any person to engage in the business I 01 ot tho the sale of Beer at retail 1 In n bottles containers or draught or otherwise other other- I wise within the corporate limits o ot 01 t Summit County outside the limits o ot of I Incorporated cities and towns without t first having procured a license thereto r from the County Clerk Cleric of Summit Coun COlin I ty as hereinafter provided A separate e I license nse shall be required for each place e of sale and the license shall at all times time s bo be conspicuously displayed in the place e to which It shall refer or for which t it t shall be issued All Licensees shall com con ply with all the provisions of the Liquor r Control Act of the State of Utah an and d the regulations of the Liquor Control Cuntro 1 Commission and this ordinance nn and d every license shall recite that it 1 Is s granted subject to revocation as all pro pro- vided In Section 9 of at this Ordin Ordin- ance SECTION 3 The following words an and d phrases used in this ordinance shall steal 1 have the following meaning unless a different dif dif- ferent meaning clearly appears from th the e context I Beer means any beverage be containing B I not less than han one half of one per m of If alcohol by weight and obtained by the tho alcoholic fermentation or an on Infusion or decoction or of any malt or grain or similar products and which contains not more than 32 per of alcohol by py weight and may mayor or may not contain hops or other vegetable products and Includes Ale Stout or Porter The Tho word Retailer means any person person person per per- son engaged In the sale or distribution of beer to the consumer Sell or To Sell when used in this ordinance in any prohibition shall be construed to Include to solicit or to receive an order for to keep or expose for sale to deliver for value or gratuitously gratuitously gratuitously to peddle to possess with Intent to sell to traffic In for any consideration consideration consideration tion promises or obtained directly or Indirectly or under any pretext or by any means whatsoever to procure or allow tobe to tobe tobe be procured for any other person and Sale when used shall include every act of selling as above defined Person as used In this ordinance means and Includes any Individual firm partnership co-partnership association or any group or combination and plural as well as the singular number unless the Intent to give a more limited meaning is disclosed by the context of the ordinance SECTION 4 Licenses Issued hereunder shall be of the following kinds and shall have the following privileges Class A retail license entitles entities the licensee to sell beer In the original containers containers containers con con- having the label of or the maker thereon for consumption off the pre pre- Class B 13 retail license entitles the licensee to sell beer in the original containers containers containers con con- having the label of the maker thereon for consumption on the premises and to all the privileges granted to the holder of a Class A retail license Class C retail license entitles the licensee to sell beer on draft for tor consumption consumption consumption con con- on or off the premises and pd to all the privileges granted to holders of of of- Class A and Class B retail licenses All applications snail shall be accompanied by the lee fee hereafter provided for retail of beer which Is as follows For Class A retail license for one year For Class B 13 retail license for tor one year I For ass C retail license for one year Any license Issued hereunder may be I granted for a term of six months at one half the yearly license fee provided that any such license shall expire on June or December ot of the year of or Issuance which ever date l shall hall first occur oc occur occur oc- oc cur after the granting of such license I and provided further that all yearly licenses shall expire on December t of the year of issuance I SECTION 5 All applications for licenses li ll licenses li- li censes censer authorized by this ordinance shall bo be and flied with the Count County y Clerk and shall be addressed to th the ye e Board of County Commissioners of Summit Summit Sum Sum- mit County stating the applicants applicant's name in full tull that he has complied compiled with tho the requirements and p possesses the dons specified In Section 46 0 0 48 8 UCA 1943 and if the applicant Is a part co the names and addresses ol of all partners and if 11 a corporation th the named name and addresses of all officers an and d directors and must be subscribed by th the tho e applicant or Its agent who must state stat e under oath that the facts stated thereIn there there- in are true The application shall also contain such Information as shall from time to time be required by the Board of County Commissioners SECTION 6 6 No person or association shall be granted a retail license unless s such ch person or association shall b be e qualified as provided in Section 46 28 UCA 1943 and shall also qualify under the provisions of at this ordinance No li 11 license li- li cense cerise shall be Issued by the county clerk except on the order of the Board o of County Commissioners of Summit County Coun Coun- ty Licenses issued under this ordinance e shall not be transferable SECTION 7 It H shall be unlawful fo for r any person 10 to sell or give away beer a at t any public dance or to any person who t Is s I Intoxicated or Is under the influence o of f an Intoxicating beverage or to any min mid or No license shall be granted to sell set beer deer within a n distance of feet of an any church or school It shall ahall be unlawful to sell or give or otherwise dispose of beer to any minor person or for any person association c cr r corporation to employ have in employment employ employ- ment meat or service any minor person t to o dispense or serve beer In n any beer beel parlor par par- lor for or place where beer is sold dispensed dispense d or otherwise disposed of It shall bo be unlawful to allow any Intoxicated in In- In person to otter loiter in n or about the premises licensed hereunder or t to o permit profanity indecent Immoral loud or boisterous language or Immoral 1 or lewd conduct in or upon such It licensed li- li censed ceased premises It shall be bb unlawful for any IntoxIcated person to loiter irk 11 or about the tho a premises premise licensed hereunder or for an any Y person to use profanity indecent im im- im-I im I r I moral loud or or boisterous language thereIn there there- In or to be guilty of Immoral or at lewd laud I conduct In or about the tho licensed pre- pre It shall be unlawful for any person a association or corporation to violate any of the provisions of this ordinance ot cr dx df any license Issued hereunder or the provisions of the Utah Liquor Control Act SECTION 7 The sale of beer at retail re retail reo re- tail tall or the disposal of beer within the corporate limits of Summit County outside out B side ide the tho limits of In incorporated cities and end towns between the hour of twelve o'clock at t Midnight and the hour of ai ell air o'clock A. A M M. immediately following of ot all days Is unlawful and end prohibited SECTION 8 It shall be unlawful forthe forthe for the owner proprietor operator or employee employee em of any beer parlor or place where beer is sold BOld or dispensed at retail within the corporate limits of Summit County Count County outside the limits of Incorporated cities and towns or for any other person to sell give away or dispose of beer In or m upon or from such beer parlor place or ot premises between the hour of twelve o'clock at Midnight and the hour bout of sir o'clock A. A M. M Immediately following follo of or all ll days and It shall be unlawful forthe tot for the owner proprietor operator or employee em era of any such beer parlor or plea place to permit the drinking or use vise therein ol of beer by any person between the hours noun above specified and it shall be unlawful for j 1 I for any person to drink cr or use any Deerin Deer beet In any such beer parlor place or premises pre between the above specified hours SECTION 9 9 The Board of County Commissioners of Summit County may with or without a hearing at Its discretion tion refuse to grant any license applied I for anti and may revoke any license at any time and in no such case need any I cause be stated No license shall be ie 1 II- II sued and any license Issued shall be fro revoked If It the applicant or licensee shall shell not possess or shall cease to possess all of the qualifications required by the Liquor Control Act of Utah or shall fall taU to comply with the provisions of this 1 I ordinance I No lIcense fee lee shall be refunded after alter altera a license has been Issued and upon reI revocation revocation re re- I vocation of a license as herein provided the license fee tee paid for such license shall be forfeited to Summit County 1 SECTION 10 All licensed premises shall be subject to inspection by any officer agent or authorized employee orthe of or the Liquor Control Commission or of 01 the State Board of Health or Peace Officer of Summit County I SECTION Ii II 11 Any person who shall shell engage en ea gage In the business of retailing beer within the corporate limits of Summit Summa i I County outside the limits of Incorporated Incorporated cities and towns without having an appropriate license pr or who bo boshall shall violate any of the terms or provisions provisions pro pro- visions of ot this ordinance shall be of a 1 misdemeanor and ancl upon conviction thereof shall bo be punished by a fine no not exceeding two hundred ninety nine dol doll dollars lars lore or by Imprisonment In the County Jail for a term not exceeding six month or by both such fine and Imprison ImprIsonment ment went SECTION 12 Ordinance No 4 and all aU ordinances and parts of ordinances W m conflict with this ordinance are hereby repealed SECTION 13 This ordinance shall tau tale effect t on the day of June A A. A D 9 1944 Passed by the Board Doard of County Com Coin Commissioners commissioners missioners of Summit County State of 01 Utah at a 1 regular meeting of said Board on the day of June A A. D. D 1944 Ed J J. J County Commissioner voting Aye for tor the passage of at said or a Maurice E. E Boyden County Commissioner Commis Commis' voting Aye for the passage of sold said ordinance Edward County Commission Commissioner er voting Aye for the passage of said or ED J J. J Chairman of the Board of County Count Commissioners of Summit County County Coun Coun- ty State of Utah Attest JOHN JOliN E. E WRIGHT County Clerk and Clerk of the Board of County Commissioners Seal i State of Utah County of ot Summit ss Sll I L I. John E D. D Wright County Clerk tt ot Summit County State of Utah do hereby here ere by certify that the above and foregoing is a full true and correct copy of en an n Ordinance licensing and regula ing the sale of Beer at retail in Summit County outside the limits of ot incorporated and towns duly passed by the Df pad 0 of county Commissioners of Summit coun county cound ty at a regular meeting of the trio Boa DOar hel held on the day of June 1944 1044 al ae said ordinance appears on file rue and of ot record In my office Witness my hand and official seal Cal Coalville Utah this day of June June- 1944 JOHN JOliN E. E WRIGHT WRIGHT- |