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Show j AN ORDINANCE An crduiar.ce providing for the lieeu -;r.-. regulation and control of '.j r (xr.tair.ir..; in excess cf one-half ci :-.r centum of aleoii.,I by v.liiir.e &r.d not to exceed 3.2 per centum cf alcohol by weight- and ;;:vv:d:::g penalties for the violation thereof. I Ee it ordained by the City Council of Ple.u-r.nt Grove City. Utah County, Coun-ty, Utah: Section 1. It shall be unlawful '. for any person to engage in the business of wholesaler or retailer of , teer w ithin the corporate limits of Pleasant Grove City without first , having procured a license therefor ' from the City Council as hereinafter herein-after provided. Section 2. The word "beer" as used in this ordinance means any beverage obtained by alcoholic fermentation fer-mentation of an infusion or decoction decoc-tion of barley, malt, hops and other ingredients in drinkable water and I containing in excess of one-half of 1 1 per centum of alcohol by volume and not more than 3.2 per centum of j alcohol by weight. The word "retailer" means any person engaged in the sale or distribution dis-tribution of beer to the consumer. The word "wholesaler" means any person other than a brewer engaged in the distribution of beer in wholesale whole-sale or jobbing quantities to retailers, retail-ers, and in case lots or in not less than fDur gallon kegs to consumers. The term "dealer" shall include any person who imports beer into this state for sale or produces or manufactures beer in the state for sale. The words "case lots" means any container of not less than twenty-four twenty-four 10-ounce bottles. Section. 3. Licenses issued hereunder here-under shall be of the following kinds and shall have the following privileges: privi-leges: Class "A" retail license entitles the licensee to sell beer in the original origi-nal bottles having the label of the maker thereon for consumption on or or off the premises. regulation and control of beer con- Mining in excess of one-half of one per centum of alcohol by volume and n not to exceed 3.2 per centum of alcohol by weight and providing penalties for the violation thereof" ' Witness my hand and the seal of ' 1 Pleasant Grove City, this 27th dnv :lV of January, 1934. J r S. LeGRANDE WHITE, L . , ,. City Recorder. First Publication, February 2, 1934. $ expire on December 31st of the year ! in which the same are issued. j Section 9. No person shall sell, dispense, furnish or give away beer at any public dance hall, dance pavilion pa-vilion or place where public dances ' arejheld or the public is permitted to dance. The term "dance hall" as herein used shall be construed to include all adjacent rooms opening directly or indirectly upon the dance floor, but such term shall not include in-clude a cafe, cabaret or hotel. No person shall sell, dispense, furnish fur-nish or give beer to any person who appears to be intoxicated or under the influence of intoxicating liquor. Section 10. No dealer or wholesaler whole-saler shall either directly or indirectly indi-rectly supply, give or pay for any furniture, furnishing, fixtures or equipment of a retailer, nor shall such dealer or wholesaler advance, furnish money or pay for any license of a retailer, or be financially interested in-terested either directly nor in the conduct or operation of the business of any retailer. Section 11. If any licensee hereinabove herein-above described shall be convicted of any violation of any law of the State of Utah or any ordinance of Pleasant Grove City relating to the manufacture, sale or possession of intoxicating liquor or beer, or if in the opinion of the City Council the premises or equipment are not maintained main-tained in a sanitary condition or if, in the opinion of the City Council, the business is conducted in a disorderly dis-orderly or improper manner the City Council may revoke or suspend the license of any such licensee. The acts of the City CouhcU in granting, denying, revoking or suspending any such license or licenses shull not be subject to any review whatever Cfeiss "B" retail license entitles the licensee to sell beer on draft for consumptian on or off the premises and to all the privileges granted to holders of Class "A" retail licenses. Class "A" wholesale license entitles en-titles the licensee to sell bottled beer to retailers for resale and to sell bottled beer in not ls9s than case lots to consumers, but shall not entitle en-title the licensee to any of the other privileges granted to the holders of Class "A" or "B" retail license. Class "B" wholesale license entitles the licensee to sell both bottled and keg beer to retailers for resale and to sell bottled beer in not less than case lots and keg beer of not less than 4 gallon kegs to consumers, but shall not entitle the licensee to any of the other privileges granted to the holders of a Class "A" or "B" retail license. Section 4. Application for a license to engage in the business of a wholesaler or retailer of beer within with-in the corporate limits of Pleasant Grove City shall be made in writing writ-ing under oath on forms provided by the City Recorder 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 21 years, who has not been convicted of any felony and who has not, since the second day of January, 1934, Ibeen except lor fraud or corruption or the capricious and arbitrary refusal to exercise discretion in granting, denying, revoking or suspending licenses. Section 12. No license shall be granted for the sale, service or dispensing dis-pensing of said beer or, if granted, may be revoked or suspended where such service or dispensing in the opinion of the City Council will be! contrary to the public welfare. j Section 13. All licensed premises ' shall be subject to inspection by any, peace officer and by any member of the City Council during the hours j when the said premises are open for I the transaction nf business; I convicted of any violation of any State law or city ordinance of Pleasant Pleas-ant Grove City prohibiting or regulating regu-lating the traffic in intoxicating liquors or beer, provided that a license may be issued to a co-partnership or corporation if the members mem-bers of aaid co-partnership or the directors and officers of such corporation, as the case may be, are of good moral character and none of them has been convicted of any felony, nor smce January 2, 1934, have been convicted of any violation Each license shall be displayed in a conspicuous place on the premises at all times. Section 14. No licensee hereunder shall knowingly employ in connection connec-tion with his business in any capa-' city whatsoever any person who has been convicted of a felony or who, i since January 2, 1934, has been found j guilty of the violation of any law! of the State of Utah or of any ordi-' nance of Pleasant Grove City relat- j ing to the traffic in intoxicating liquor or beer. Section 15. Any person who shall engage in the business of a wholesaler whole-saler or retailer of beer within the corporate limits of Pleasant Grove City without having an appropriate license therefor from Pleasant Grove City, or whose license issued by Pleasant Grove City has been revoked, re-voked, suspended or cancelled, or who shall violate any provisions of this ordinance shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not exceeding ex-ceeding $299.00, or by imprisonment in the city jail for a term not exceeding ex-ceeding six months or by both such fine and imprisonment. Section 16. In the opinion of the City Council, it is necessary to the peace, health and safety of the inhabitants in-habitants of Pleasant Grove City that this ordinance become effective immediately. Section 17. This ordinance shall take effect February 10, 1934. Passed by the City Council of Flea-sant Grove City, Utah County, Utah, this 29th day of January, A. D. 1934. WM. W. LIM, May?r. S. LeGRANDE WHITE, fSeal) City Recorder, State of Utah, County of Utah, ss, I, S. LeGrande White, City Recorder Re-corder in and for Pleasant Grove City, Utah County, State of Utah, hereby certify that the above and foregoing is a full, true and correct copy of an ordinance passed by the City Council of Pleasant Grove City January 29th, 1934, entitled "An Ordinance Or-dinance providing for the licensing of any law of the State 01 utan or ordinance of Pleasant Grove City regulating the traffic in Intoxicating liquor or beer. Section 6. Said application if for a retail license chall be accompanied accom-panied by a bnd with two good and sufficient sureties (unless a corporate corpor-ate surety is given) in the penal sum of $250.00, to be approved by the City Council, conditioned that such retailer will faithfully comply with the laws of the State of Utah and the ordinances of Pleasant Grove City and in particular all laws and ordinances relating to the sale, keeping keep-ing or dispensing of intoxicating liquors or beer. Section 7. Any license issued pursuant pur-suant to this ordinance shall be available only to the person, copartnership co-partnership or corporation specified therein and only for the premises described in said license, and shall not be transferable to any other person, per-son, co-partnership or corporation or any other premises, without the consent of the City Council and the payment of a S5.00 transfer fee. Section 8. All applications shall be accompanied by the fees hereinafter herein-after provided. The license fees for the retailing or wholesaling of beer shall be as follows: For Class "A" retail license, for cne year, S15.00. For Class "B" retail license, for one year, S25.00. For a Class "A" wholesale license, for one year, $3.00. For a Class "B" wholesale licence, for one year, S10.0O. All licenses issued hereunder shall |
