Show city ordinance AN ORDINANCE CE TO DEFINE pra AND REGULATE TILE THE SA VA SALE I 1 LE manufacture USE advertising or OF rOS possession SESSION OR TRAM TRAFFIC C IN intoxicating LIQUOR MALT OR BREWED DRINKS PROVIDING FOR FOIL ITS enforcement ATO AND PROVID ING PENALTIES AND REMEDIES FOR ITS VIOLATION AND RE BE PEALING fealing ALL ordinances AND provisions OF ORDIN ANCES IN CONFLICT WITH THE provisions or OF THIS ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF PAROWAN CITY SECTION 1 objects this ordinance shall be liberally construed tor for the purposes of 0 protection of public health peace and morals of the inhabitants of parowan carowan city utah SECTION 2 definitions the word liquors as used in this ordinance shall be construed to embrace ill all fermented termen ted malt vinous or liquors alcohol porter ale beer wine absinthe or any intoxicating drink mixture or preparation of like nature and all malt or brewed drinks and liquids mixtures or pr pa rations lons whether patented or not which will produce intoxication fruits preserved in alcoholic liquors 0 of any kind and all beverages containing in ex excess cess of 0 one half of one per of alcohol by volume shall be deemed spirl tous and shall be embraced in the word liquor as aa 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 an intoxicating I 1 liguor bor shall also be deemed to embraced be within such term the word person cherev r d in this ordinance shall be cons to mean natural persons firms co partnerships corporations and all associations of natural person whether acting by themselves or by a servant agent or employee A druggist or pharmacist tor for the purpose of 0 this ordinance I 1 is de fined as a person who is and in good faith engaged in the wholesale or retail drug business and licensed to compound and dig dispense pense drugs or medicines the words warehouse manager whenever ii used ed in this ordinance shall be construed to mean the bonded dispenser at wholesale of alcohol as is provided for in section compiled laws of utah 1917 SECTION 3 prohibitions E except apt as aa hereinafter provided the manufacture sale keeping or storing tor for sale in this city or offering or exposing tor for sale or importing carrying transporting advertising distributing giving away exchanging dispensing or serving of liquors are forever prohibited in this city arid it shall be unlawful for any person within the corporate limits of 0 paro wan city knowingly to have in his her or its posses possession sAon any intoxicating liquors except as in this ordinance provided SECTION 1 4 penalties any person convicted of violation ot of any of the proal provisions s tons of this ordinance shall be de deemed emed guilty of a misdemeanor and where whee the punishment is not herein specifically provided shall hall be punished by a fine of 0 not less than fifty dollars or more than two hundred and ninety J nine dollars or by imvris in the city lail jail not less than thirty days or more t than ban six months or by both such tine fine and imprison ment SECTION 5 drinking liquor in public places any person who dball store restaurant hotel lobby or parin a any y street or alley public place lor jn in or upon any passenger coach street car or other vehicle commonly used tor for the transportation of passengers or in or about any depot platform waiting room or station room or any public gathering within the limits of parowan carowan city drink any intoxicating liquor of any kind hind or who shall bo be or oi intoxicated within the corporate limits of said city shall be deemed guilty of a misdemeanor SECTION 6 sales gales and shipments when authorized none ne of thi the provisions of this ordinance shall be construed to la in any why way abridge or bo be contrary to the prescribed rules arulas and regulations made by the governor or the attorney general of the state of utah in relation to the sale of 0 alcohol tor for scientific and manufacturing fac turing purposes only nor to any authorized sale made by any war house manager appointed or designated by the governor ot of die the state slate or of utah or to the sale gale of 0 denatured alcohol by some process approved by the united states Conin iiii iloner ol of continued to page 5 S CITY continued irom from page 4 internal revenue SECTION 7 permits at wholesale alcohol may be purchased at wholesale only by druggists hospitals scientific and manufacturing institutions within parowan city and only from a warehouse manager and on written permit as provided by law SECTION 8 wholesale shipments any person authorized to ship alcohol shall till fill in the actual date ot of shipment indelibly on tags or labels and an accurate record ot of al all shipments and cales vt ft alcohol mist be kept by the dru druggist guist and a duplicate of the report required t to be made to the ie attorney geneive gi on the arbit lay ot of each and every mouth shall IA 14 made to the city attorney giving dato date and number ot of the shipment ment a ai i shown by the tag or label quantity ot of alcohol sold or shipped name and ad dress of 0 the purchaser and the means mean and route ot of delivery any person tailing failing to report such sales and shipments or falsely making any record or report shall be deemed guilty ot of a misdemeanor SECTION 9 remits to purchase and dispose of alcohol alcohol may be purchased dispensed and used by druggists fios scientific and manufacturing institutions and persons in conformity with Sections 33 47 and compiled laws of 0 utah 1917 as tar far as they apply to cities and city officers and in no other manner and all the provisions of said sections therein contained relating to the issuance of permits requirements of druggists and justices 0 oi lf the peace shall be made applicable to the city justice and druggists within the corporate limits ot of paro wan city a SECTION 10 use tise of preparations and extracts all extracts essences medicines or any preparation containing tai laing in excess of one halt half of one per cent by volume ot of alcohol which can tie be used as a beverage shall not be sold or of furnished by druggists or other dealers or persons A signed notice in gritl writing n g served upon thu the city justice or any druggist or other dealer or person by a peace officer or by the wife husband sister brother son daughter or mother ot of any minor or person informing the justice druggist or other dealer or person s n that the applicant or purchaser is intemperate or addicted to the use ot of any narcotic drug Is a minor an all indian or person of unsound mind shall be prima bacie facie evidence of such buell fact and the justice who shall issue a permit to buy alcohol and any person who shall sell any liquors or preparations pa rations mentioned in this section for six mouths months thereafter to such lie de barred person as such notice has been served without a hearing having been had to determine the facts shall be guilty of 0 a misdemeanor A conviction of the justice under this section shall also be a forfeiture of his bis office and the mayor shall immediately till fill by appointment by and with the advice of the city council such vacancy in case of a notice served as aforesaid a hearing thereon shall be held b by y the city justice upon the petition of the applicant tor for liquor every informant serving notice as aforesaid shall be to appear and testify at such hearing and be given an opportunity to produce any evidence therein provided bany peace officer or person described herein may take a change of venue to tc any justice of the peace within me county of iron SECTION 11 manufacture and sale vinegar and alcohol Intoxicating non Mon cider and food A preparations sale of jamaica ging eri or like lik substances forbidden exceptions c options ept ions the provisions of this or 4 t denance shall not be construed to prevent any temperate person from manufacturing vinegar or preserved intoxicating non cider for use or sale salo or to prevent the manufacture of 0 pure alcohol tor for sale to the warehouse manager only or tor for shipment out ot of the state provided that any person who may engage in the manufacture of 0 vinegar preserved non intoxicate ing elder cider or alcohol for bale as la is herein provided shall before akore commencing the manufacture thereof first obtain a permit from the attorney general by tiling filing an affidavit to the effect that said permit is for the purpose of the manufacturing as herein provided and said person persan engaged therein shall render to the city attorney of paro wall city a duplicate copy of the quarterly statement under oath required to be furnished to the actor ney general giving such facts as mihall be called tor for hy by the attorney general and setting belling forth the amount of all such vinegar preserved ved non inton beating elder cider or alcohol manufactured amount sold bold to warehouse manasc ages s and tho the amount shipped out of ali 1 aate or to D prevent the inabu ti fi ture or sale bale for lawful purposed pur posea or of my food preparation or any united states or nation torjul i lii preparation in conformity lt with tile utah pharmacy laws which preparation conforms to a standard established by the state chemist and contains no more alcohol than la is absolutely necessary to extract the medicinal flavoring or perfume properties of 0 the drug oil sap or other substances and to preserve the same and which substance la manufactured and sold as medicine flavorings extracts essences ures perfumes or other similar pio pao ducts for legitimate md end lawful isas es and not as uever aga aroid c id cit 1 that it shall be unlawful for any 14 1 4 soi to kanii ma nii aeo i 1 or sell or c desp dispose ai of the essence ur or tw lure of Ji wal ti inglr cr or any hace i substance and PrOVI provided OLd further that any preparation containing in excess of one halt half of one per centura of alco alcohol liol by volume aud and which is shown on analysis aiTa aSa lysis by the I 1 state chemist can call be used as a beverage shall not be sold or to prevent I 1 the manufacture or sale of 0 wood or denatured alcohol under the rules established by the governor and in compliance with the formulas and rules established by the united stat es ea or to prevent the importation ot of wines for sacramental purposes only by religious bodies in the same man ner as provided by section compiled laws of utah 1917 1 I SECTION 12 property used in violation of this act declared nuisances all premises buildings vehicles boats and all other places chere ft here intoxicating liquors are manufactured sold bartered kept stored or given away or used in violation violation ot of law or where persons are permitted to resort for the drinking of intoxicating liquors as a beverage or where liquors are kept tor for use sale barter or delivery in violation ot of the th e law and all intoxicating liquors bottles glasses kegs pumps bars and other property kept in and I 1 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 main any such common nuisance shall be held guilty of a misdemeanor SECTION 13 injunction and abate ment by suit whenever a nuisance la Is kept maintained or exists as de nned filled in this ordinance or as defined in title 54 compiled laws ot of utah 1917 relating to the prohibition ot of the sale ot of intoxicating liquors it is hereby madche ma dehe detlie duty ot of the city attorney to bring an action to enjoin and abate the same by suit in equity as provided by title 74 compiled laws ot of utah 1917 for the abatement of common nuisances or it if any person shall be convicted of maintaining any such nuisance as herein defined it is hereby made the duty ot of the city attorney to bring an action in a court of competent jurisdiction to secure an injunction permanently enjoining said person from maintaining such inch nuisance upon such conviction the city attorney shall i proceed against the property used in keeping and maintaining such nuisance in a court of 0 competent jurisdiction I 1 as provided in title 74 compiled laws of 0 utah 1917 I 1 SECTION 14 owner failing to A bate nuisance penalty any one who knowingly permits any build ing or premises owned or leased by him or under his cori control troi or any part thereof to be used in maintaining a common nuisance as defined in this ordinance or who after being not ifield in writing by tile the prosecuting officer or officers or citizen of such j use omits to take all proper measures either to abate said nuisance or tailing failing therein to eject the person or persons so usiri the same shall be deemed guilty of assisting in the maintaining of such nuisance I 1 SECTION 15 search and seizure duties of offices officers report to le be belade fe lade it any city officer or other person lias has probable cause to believe that liquors akrep are possessed oss essed manufactured sold bartered given away or other wise furnished fu nashed in violation of this ordinance or are kept for the pose dose of 0 selling bartering or giving away or otherwise furnishing in violation of 0 the law it ahall be the duty of any such officer or person forthwith to malre make and lilo file with the justice ot of tile the peace written information supported BUp ported by his oath on affirm aaion that he has information ot of and reason to believe and does doca believe that this ordinance Is being violated at a certain place stating the facts within ills his knowledge and upon which he be bases liia his belief and he shall describe as particularly as may bs be the place and tho the name ot of the persons it if known participating in such unlawful act the justice ot of the reace peace upon finding probable cause to bellevo believe that the facts acts stated in buch information are true shall isue issue a search warrant directed to any peace officer 1 in the city whom the complainant may designate describing as bartic j as may be the liquors and the place described in said information and the persons persona named or described in said information as aa the owners or s of 0 said eald place and on finding liquors la in unlawful poss r elslo or use to arrest persons persona found therein and bring them before said court and to seize tile the said liquors with the vessels containing them and all the implements furniture and fixtures used or kept tor for such illegal acts and keep the same securely until the final action be had thereon whereupon the said officer to whom such warrant shall be delivered shall forthwith obey and ana execute as effectively as possible the the commands of said warrant and make return promptly of his doings to said judge or justice with an itemized inventory of all liquors and property or things seized and also a list of all persons in whose possession the same w were cre found it if any and it if no person be found in possession of as said ld liquor or property his return shall so state and said officer shall securely keep all liquor and other so seized by him until final action is had thereon A copy of 0 said warrant shall be served upon the or persons found in possession of any liquors furniture or fixtures so seized and it if no person be ie found in possession thereof a copy ot of said warrant shall be posted in a conspicuous place on the building or room wherein the same be found it if admission to such building or room is refused the officer directed to serve the warrant is hereby author zed iced and required to force open the same it if fluids are poured out or otherwise destroyed by any tenant assistant or other person when the premises are searched or to be searched apparently tor for the purpose of at preventing their seizure said shall be held |