| Show AN ORDINANCE an ordinance to define prohibit and regulate the sale manufacture use ader advertising of possession of or traffic iti in intoxicating liquor matt malt or brewed cism drinks providing for its ils enforcement and providing penalties and remedies for its Mol io lotion stion and repealing all ordinances and pro proM iiona ot of ordinances ordinance sin in th the provisions provisional of this ordinance k be it ordained b by y the city council of parowan carowan city section I 1 objects this ordinance shall be liberally construed for the purpose of protection of public health peace and morals of the inhabitants of parowan city section 2 definitions the word liquors liquor as ad wed used in this or denance shall be construed to embrace all fermented malt unous numus or spirituous liquors alcoa A 1 wine porter ale beer absinthe or any other intoxicating drink mittsie or preparation of like nature and all ail malt or brewed drinks mij all liquids rn mixtures turca or preparations preparation du whether patented or er not which will produce intoxication fruits preserved in alcoholic liquors of any kind and all 11 beverages containing in excess of one half of one per of alcohol by volume shall be deemed spirituous liquors and shall be embraced in the word li it buoris as hereinafter used to in this ordinance and all mixtures compounds of preparations whether liquid or not which are intended when mixed with water or otherwise to produce by fermentation or otherwise wise an intoxicating liquor shall also be deemed to be embraced within such term the word person nhe wherever rever used in this ordinance shall be construed to mean natural persons firms co partnerships corporations and all associations of natural persons pensions per whether acting by themselves or by a servant an agent or employee A druggist or pharmacist for the purpose of this ordinance is defined as a person who he is 19 actually and in good faith engaged in the wholesale or retail drug business and licensed to compound comp aund and dispense drugs or medicines the words warehouse manager whenever used in this ordinance shall be construed to mean the bonded dispenser at wholesale of alcohol as is provided for in chapter 2 laws of utah 1917 section 3 prohibitions except as hereinafter provided the manufacture sale keeping or storing for sale safe in this city or offering or exposing for sale or importing carr carrying jing tra transporting porting advertising ver distributing giving away exchanging dispensing or serving of liquors are forever prohibited in this city and it shall be unlawful for any person within the corporate limits of carowan parowan city knowingly koo to have in his her or its possession any intoxicating liquors except as in this ordinance provided section 4 penalties an person covi eted of violation of cf any of the pro provisions ord of this ordinance shall be deemed guilty of a misdemeanor and where the punishment is not herein specific ial ly 1 shall be punished bys bya line fine of not less than fifty dollars 50 00 or more then than two aundre I 1 and ad ninety nine dollars 29 00 or by imprisonment in the city jail not less than thirty days or more than six months or by both such fine and imprisonment section 5 drinking liquor in public places any person who shall in any street or alley public place store restaurant hotel lobby or parlor in or upon any pos passenger sergei coach street car or other vehicle commonly used for the transportation of passengers or in or about any depot platform waiting room or station loois or any public gathering within the limits of parowan carowan city drink any intoxicating liquor of any kind or who shall be drunk or intoxicated within thin the corporate limits of said city shall be deemed guilty of a misdemeanor section 6 sales and shipment when authorized none of the provisions of this ordinance shall be construed to jn in any way abridge or be contrary to the rules and regulations made by the governor or the attorney general of the state slate of utah in relation to the sale of alcohol for scientific and manufacturing purposes only nor to any authorized sale made by any warehouse manager appointed or designated by the governor of the state of utah or to the sale of denatured by some process proceed approved by the um ted states commissioner of internal revenue section 7 permits permit at wholesale alcohol may be purchased at wholesale only by druggists hospitals scientific suen and manufacturing institutions within parowan carowan city and only from a warehouse manager and on written permit as provided ba b law section 8 wholesale shipments any person authorized to ship alcohol shall fill in the actual date of shipment indelibly on tags or labels md and accurate record of all shipments and sales of alcohol must be kept by the druggist and a duplicate of the report required to be made to the attorney general on the 1st ast day of each and evey y month shall be made by the city attorney giving the date and number of the shipment as shown shoon by the tag or label quantity of alcohol sold or shipped name and address of the purchaser and the means and route of delivery any person failing to report such sales bales and shipments or fir falsely making any record or report shall be deemed guilty of a misdemeanor section 9 permits to purchase and dispose of alcohol alcohol way may be purchased dispensed and used by druggists hospitals scientific and manufacturing institutions institution and persons in conformity with sections 7 and 8 chapter 2 1 I aws of utah 1917 as far as ad they apply to cities and city officers and in no other manner and all ail the provisions of slid said sections therein contained relating rel alina to the issuance of 0 permits requirements of druggists and justices of the pea peace shall ball be made applicable to the city justice and druggists within the corporate limits of darowin carowan city section 10 use of preparations and extracts all extracts trallis trall ts essences essence medicines or any preparation containing an excess of one half of one per cent by volume of alcohol which can be used as ad a beverage shall not be sold or furnished by druggists or other dealers or persons persona A signed notice in writing served upon the city justice or druggist or other dealer or person by a peace officer or by the wife fe husband sister brother son eon daughter or mother of any minor or pearon informing the justice druggist or other dealer or person that the applicant or purchaser is intemperate or addicted addict cd to the use of any narcotic drug is 13 a minor an indian or a person of unsound mind shall he prima facie evidence of such fact and the justice who shall issue a permit to buy alcohol and any person who shall sell it any li if quart or preparations mentioned in this section for six months thereafter to such de barred person as so it no notice t tes has been ser cd without r a hearing having been had to determine st e t the he facts shall be doat deam gd ed fulley guilar ol of a leor 0 A conviction of th the justice jUstlee under this thia section ined tion shall hall also be a forfeiture of his office and the mayor shall mo immediately tely fill by appointment by and with the advice of the city council such vacancy in case of a notice served as aa af aforesaid ebaid a hearing thereon shall be held by bv the city justice upon the petition of the applicant for liquor every informant notice as aa afore said shall be subpoenaed to appear and testify at such hearing and be given an opportunity to produce any evidence therein provi provided deu any peace officer eer relative or person described therein may trite take a change of venue to any justice jus itice of the peace within the county of iron section 11 manufacture and sale vinegar and pr alcohol intoxicating non cider and food preparations preparation sale of jamacia ginger or like substances forbidden bons the pr onions of this ordinance shall not be construed to prevent any temperate tim tom person from manufacturing or arc served noo non intoxicating cider for use or sale or to prevent the in in of pure alcohol for sale ale to the warehouse harover only or for shipment out of the state provided that any person who may engage in tho the manufacture of vinegar preserved ived non noil intoxicating cider or alcohol for sal bateas as herein provided shall beaole commencing the manufacture thief first obtain a permit aiom the attorney general by filing an affidavit to the effect that said permit is for the purpose of the manufacturing as herein provided and said person engaged therein shall render to the city attorney of parowan carowan city a duplicate copy of the quarterly statement under oath required to be furnished to the attorney general agn gi ng ing such facts as shall be called for by the attorney general and setting letting forth the amount of all such vinegar preserved non intoxicating cider or alcohol manufactured amount sold to warehouse managers and the amount shipped out of the state or to prevent the manufacture or sale for lawful purposes of any food preparation or any united states stated phar macce amor national preparation in conformity TA pharmacy laws which preparation conforms to a standard established by the state chemist and contains no more alcohol than is absolutely necessary to extract the ma medicinal dicinA flavoring or perfume properties i of the drug oil sit sap or other substance and to preserve the same and which substance is manufactured and sold as medicines flavorings extracts essences tinctures tinctured tures perfumes or other similar products for legitimate and lawful purposes purposed and not as beverages provided that it shall be unlawful for any peram pen in to manufacture or sell or otherwise dispose of the essence or tincture of jamacia ginger or any like substances and provided further that any preparation containing in excess exceed of one half of line per of alcohol by vol ume and which is shown show on it analysis by the state chemist can be used as a beverage shall not be sold or to prevent the manufacture or sale of wood or denatured alcohol under the rules established by the governor and in compliance with the formulas and rules established by the united states or to prevent the importation of wines for sacramental burp purposes s only by religious bodies in the same manner as provided by section 6 chapter 2 laws of utah 1917 se section tion 12 32 property used in violation of this act declared common nuisances all premises buildings vehicles boats and all other places where intoxicating liquors are manufactured sold bold bartered kept stored or given away or used in violation of law or chete persons are permitted to resort for the rhe drinking of intoxicating liquors its as a beverage or where intoxicating liquors are kept for use sale barter or delivery in violation of law and all intoxicating liquors bottles glasses kegs pumps bars bara and other property kept in and used in maintaining such premises buildings vehicles boats or other places are hereby declared to be common nuisances and any person who maintains or assists in maintaining any such common nuisance shall be held guilty of a misdemeanor section it 11 injunction and abatement by suit whenever a rumors nuance is kept maintained or exists as aa defined in this ordinance or as defined in chapter 2 of the laws of utah 1917 relating to the prohibition of the sale bale of intoxicating liquors it is hereby marie made the duty of 01 the city attorney to bring an action to enjoin and abate the same by suit in equity as aa provided by chapter 99 laws of utah for the abatement of common nuisances or if tiny any person shall be convicted of maintaining any such nuisance as herein defined it is ig hereby made the duty of the city cily attorney to bring an action in a court of competent jurisdiction to secure an injunction perpetually enjoining said person from maintaining such nuisance upon such conviction the city attorney shall p proceed ced against the property used in keeping and maintaining such nuisance in a court of competent jurisdiction as DrovE provided ded in chapter 99 laws of utah 1913 section 14 owner failing to abate nuisance penalty any one who ho knowingly permits any building or premises owned or leased by bv him or under his hia control rol or any part thereof to be used in maintaining maintain ine a common nuisance as ad defined in this ordinance or who after being notified in writing of the prosecuting officer or officers of or citizen of such use omits to take all proper measures either to abate said nuisance or failing therein to eject the person parson or persons so using the same shall be deemed guilty of assisting in the maintaining of such nuisance section 15 search and seizure duties of officers reports to be made if any city officer or other person has probable cause to believe that liquors are possessed manufactured sold bartered given away or otherwise furnished in violation of this ordinance or are kept for the purpose of selling bartering or giving away or otherwise furnishing in violation of law it shall be the duty of any such officer or person forthwith to make and file with the justice of the peace written information supported by his oath on affirmation that he has information of and reason to believe and does believe that this ordinance is lacing violated at a certain place stating the facts within his hia knowledge and upon which he bases his hia belief and he shall describe as aa particularly as may be the place and the name of the person if known participating in such unlawful act the justice of the peace upon finding probable cause to believe that the facts stated in such information are true shall issue a search warrant directed to any peace officer in the city whim the complainant may designate describing as particularly as maj mai be the liquors and the place described in said aid information and the persons named or described in said aid information formation as the owners or keelins of said place piece and on finding liquors in unlawful possession or use to arrest persons found therein and bring them before said court and to bieze the said liquors with the vessels containing them and all the implements furniture and fixtures used or kept for such illegal acts and keep the same securely until final action be had bid the eon whereupon the said officer to whom such warrant shall te le delivered shall forthwith obey and execute as aff ay iy us ad possible the commands of said warrant and make return promptly of his doings to said judge or justice with an Ite itemized raced inventory of all 11 liquors and ad property or things seized and also a list bat of all it in whose whites possession the same were found if day any and if no person be found in posse goton OJ 0 said paid liquor or property hii return tyvr so sg state and 04 anit sail I 1 officer shall securely y ke keep 0 p all liquor and other things so ao seized by him until final la is had aquor thereon hereon A copy of said warrant shall lo 10 served upon the person or persons found in possession of any such liquors furniture or futures fixture so do seized and if no person be found in possession thereof a of said shall copy warrant be pasted in 10 a conspicuous place on the building or room wherein the same ate aie folind if admission to such building or room is ig refused thit officer to erve the warrant is hereby authorized ani requited I to force open the name a if fluids fluid sare are poured out or Ot hc ie ds tood hy by any t c nant assistant or other person when the prent pre are w ir clied r a bout beat to be searched apparently tor fur the pop pupa of if p cotuna the their ii icilin shizui iLin e said hinds civill be held to bi ernna fall baciu 1 intoxicative to gitnig and intended to foi tord unlawful atil use sale ale barter or rivina giving away ay any peace who shall make |
