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22 of 1933 - Providing for the licensing , regulation and control of beer containing in excess of one half of one `v VOTING AYE NAYSALT LAKE CITY, UTAH, ' ` 193 Finch . . I move that the ordinance be passed. Keyser -- — / Knight . ta mill.LEE I I Mr.Chairman — AN ORDINANCE Result ---- --.---AN ORDINANCE PROVIDING FOR THE LICENSING, REGULATION AND CONTROL OF' BEER CONTAINING IN EXCESS OF ONE HALF OF ONE PER CENTUM OF' ALCOHOL BY VOLUME AND NOT TO EXCEED 3.2 PER CENTUM OF ALCOHOL BY WEIGHT AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. Be it ordained by the Board of Commissioners of Salt Lake City, Utah: SECTION I. It shall be unlawful for any person to engage in the business of a wholesaler or retailer of beer within the cor- porate limits of Salt Lake City without first having procured a li- cense therefor from the Board of Commissioners as hereinafter pro- vided. SECTION 2. The word "beer" as used in this ordinance means any beverage obtained by alcoholic fermentation of an infusion or decoction of barley, malt, hops and other ingredients in drinkable water and containing in excess of one-half of one per centum of alco- hol by volume and not more than 3.2 per centum of alcohol by weight. 7\? The word "retailer" means any person engaged in the sale or distribution of beer to the consumer. The word "wholesaler" means any person other than a brewer engaged in the distribution of beer in wholesale or jobbing quantities in not less than to retailers, and in case lots orAfour 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 10-ounce bottles. SECTION 3. Licenses issued hereunder shall be of the fol- lowing kinds and shall have the following privileges: Class "A" retail license entitles the licensee to sell beer in the original bottles having the L bpl of the maker thereon for -2- consumption off the premises. The holder of this license shall be entitled to an exemption of $6.00 or any soft drink license to Salt. Lake City. Glass "B" retail license entitles the licensee to sell beer in the original bottles 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. The holder of this license shal'l.he exempt from the payment of all soft drink licenses to Salt Lake City. Class "C" retail license entitled the licensee to sell ( beer on draft for consumption on or off the premises and to all the privileges granted to holders of a Class 'A" and "B" retail licenses. Class A wholesale license entitled the licensee to sell bottled beer to retailers for resale and to sell bottled beer in not less than case lots to consumers, but shall not entitle the licensele to any of the other privileges granted to the holders of Class A, B„ or C 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 gal- lon kegs to consumers but shall not entitle the licensee to any of the other privileges granted to the holders of a Class A, B, or C retail license. SECTION 4. Application for a license to engage in the bush- iness of a wholesaler or retailer of beer within the corporate limits of Salt Lake City shall be made in writing under oath on forms pro- vided by the City License Assessor and Collector and containing suci I information as the Board of Commissioners 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 twenty-one years, who has not been convicted of any felony ' and who has not since the second day of Janm y, 1034, been convict ied of any violation of any State law or city ordinance of Salt Lake] City prohibiting or regulating the traffic in intoxicating liquors or beer, providtd that a license may be issued to a co-partnership -3- or corporation if the members of said co-partnership or the directors land officers of such corporation, as the case may be, are of good moral character and none of them have been convicted of any felony, I nor since January 2, 1934, have been convicted of any violation of any law of the State of Utah or ordinance of Salt Lake City regulating the traffic in intoxicating liquor or beer. SECTION 6. Said application if for a Class "C" retail li- cense shall be accompanied by a bond with two good and sufficient sureties (unless a corporate surety is given) in the penal sum of $250.00, to be approved by the Board of Commissioners, conditioned that such retailer will faithfully comply with the laws of the State of Utah and the ordinances of Salt Lake City and in particular all laws and ordinances relating to the sale, keeping or dispensing of intoxicating liquors or beer. A separate bond shall be given for each place where beer is to be sold on draft. SECTION 7. Before a license is issued for the consumption of beer on the premises the applicant must have first procured from) the Board of Health of Salt Lake City a permit showing that the prey lmises are in a sanitary condition and that he has complied with all regulations of the Board of Health relating to the dispensing of be r. SECTION 8. Any license issued pursuant to this ordinance shall be avai$able only to the person, co-partnership or corporations specified tbErein and only for the premises described in said license, bland shall not be transferable to any other person, co-partnership or corporation or any other premises, without the consent of the Board of Commissioners and the payment of a $5.00 transfer fee. SECTION 9. All applications shall be accompanied by the fees hereinafter provided. The license fees for the retailing or wholesaling of beer shall be as follows: For Class "A" retail license, for one year or any part thereof, $20.00. For Class "B" retail license, for one year or any part thereof, $75.00. -4- For Class "C" retail license, for one year or any part thereof, $150.00. For a Class "A" wholesale license, for one year or any part thereof, $100.00. For a Class t'B" wholesale license, for one year or any part thereof, $200.00. All licenses issued hereunder shall expire on December 31st of the year in which the same are issued. SECTION 10. No person shall sell, dispense, furnish or ive away beer at any public dance-hall, dance-pavilion or plate vhere public dances are held 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 a cafe, cabaret or hotel. No person shall sell, dispense, furnish or give beer to ny person who appears to be intoxicated or under the influence of 'ntoxicating liquor. SECTION 11. No dealer or wholesaler shall either directly r indirectly supply, give or pay for any furniture, furnishing, fix- -ures or equipment of a retailer, nor shall such dealer or wholesale dvance, furnish money or pay for any license of a retailer, or be inancially interested either directly or in the conduct or operation f the business of any retailer. SECTION 12. If any licensee hereinabove described shall be onvicted of any violation of any law of the State of Utah or any or1i- iance of Salt Lake City relating to the manufacture, sale or possess .on Of intoxicating liquor or beer,, w if ii,the opinion of the Board of il Commissioners the premises4at r/ot maintained in a sanitary conciitioi r if, in the opinion of the Board of Commissioners the business is ! onducted in a disorderly or improper manner the Board of Commissioners Tay revoke or suspend the license of any such licensee. The acts ofl ! lhe Board of Commissioners in granting, denying, revoking or suspend+ 1 ing any such license or licenses shall not be subject to any review j I hatever except for fraud or corruption or the capricious and arbitr'.ry refusal to exercise discretion in granting, denying, revoking or sus-f -5- pending licenses. SECTION 13. No license shall be granted for the sale, ser- vice or dispensing of said beer or if granted may be revoked or sus- pended where such service or dispensing in the opinion of the Board of Commissioners will be contrary to the public welfare. SECTION 14. All licensed premises shall be subject to in- spection by any peace officer and by any member of the City Commis sion or any member of the city attorneyts office or any inspector f t the City License Assessor's and Collector's office or any inspector of the City Health Department during the hours when-,the said premisjes are open for the transaction of business. Each license shall be displayed in a conspicuous place on; the premises at all times. SECTION 15. No licensee hereunder shall knowingly employ in connection with his business in any capacity whatsoever any person who has been convicted of a felony or who since January 2, 1934, hats been found guilty of the violation of any law of 'blab State of Utah or of any ordinance of Salt Lake City relating to the traffic in in- toxicating liquor or beer. SECTION 16. Any person who shall engage in the business Of I a wholesaler or retailer of beer within the corporate limits of Salit Lake City without having an appropriate license therefor from Salt Lake City, or whose license issued by Salt Lake City has been revok d, suspended or cancelled, or who shall violate any provisions of this ordinance shall be guilty of a misdemeanor and upon conviction sha4 be punished by a fine not exceeding $299.00, or by imprisonment in . : the city jail for a term not exceeding six months or by both such fine and imprisonment. SECTION 17. In the opinion of the Board of Commissioners, it is necessary to the peace, health and safety of the inhabitants of Salt Lake City that this ordinance become effectively immediatel3r. SECTION 18. This ordinance shall take effect January 2, 193IQ. r , 1 .ssed by the Board f Commissioners f Salt Late City,Utah, t is /rnl % ` yT A.D.19S4. A/Y i tv 1 rnrri�r pia V- ••••,:d•i t iit (r. •.).,H•j —111 c):_t• ,.)cf I i041;1 I „ .10 00114 ricdi)( i!) .14 :. u l.1io . 1I. : H .Ji . I10: -' i. • \3 kt= • .• r I 11,j'S II t?,•.?,44.'• , C\, , '111 N;!10101 4 h i-1--H1Lu vlf. 1 k-, •'II ; 1i4l To '. - o i . ;10 iv 1P49,1 oil ;1.111 r.'')i' ' 0141l '4? Liz; : lr-f t ,H; 1j I F,':2.Yfrj :)-••• • • „ ;;•: ; . . _ . • • • - _ _ , ,r• Proof of Publication !minimum UNITED STATES OF AMERICA,) STATE OF UTAH, S[ ss. County of Salt Lake. AN OoRDI�N(�fcbNCEAN pp IDING FOR THE OINANCE SIING, REGULATION AND CONTROL OF BEER CON- TAINING IN EXCESS OF ONE-HALF OF ONE PER CENTUM OF ALCO- HO,LLB�;VPERMoANTUM NOT OTO F AL- I, HARRY•WOLF being first duly COHOL BY WEIGHT AND PROVID- TIONpTENALTIES NEREOF.FOR THE VIALA- sworn, depose and say that 1 am the Chief Clerk of THE SALT LAKE Be it ordained by the Board 01 Commissioners of Batt Lake City, U SEC 1. it enrol be unlawful TELEGRAM, a newspaper of general circulation, published every day for any person to engage in the t business of a wholesaler or retailer I oof beer within ke t e corporate or i at alit itts at Salt Lake City, State of Utah. ine pro cured a license therefor tram the Boardof Commissioners as here- j In provided. SECTION SECTION 2. The word beef as l used to this ordinance means any , That the notice AN.tR.DR1A110E 1 beverage obtained by alcoholic fer- entation of an infusion ordecoc- tion of barley,malt. he- SALT LAKE CITY C ORPORATION Ingredients In drinkable water and containing in excess of one-half of 1 per centum of alcohol by vol- I urns and not more than 3.2 per centum of alcohol by weight. The word retailer" means any person engaged in the sale or dis- tribution of beer to the consumer. Theword"wholesaler"means any person other than a brewer engaged ' in the distribution of beer in Whole- sale or jobbing quantities to retail- and in case lots or in not leas than four gallon kegs to consumers. The Leon dealer" shall include , any perstason nro who a pports a r into of which a copy is hereto attached, was first published in said news- thisnufactures beer in the state for 21$t December 33 The words "case lots"mean any a er in its issue dated the day of 19.. container of t lees than twenty- 1 paper ' four 10-ounce bottles. SECTION 3. Licenses Issued here- ander shall]Ih h be ave tf he followinhe g prl kinds - liiegea: and was published in each daily issue of said newspaper, on Class ••A•• retail Remise entitles the licensee to sell beer in the orig- inal bottles having the label of the f Xeee ter IN 21et for maker thereon Thor e holder ofthis the premises.b licenseonof shall be entitled an en p- li- cense tog6.00 or Salt LakenCity soft drink the licensee to retail sell beereinethelhtlesgihl thereafter, the full period of Oue..insextien bottles having the label of the maker thereon for consumption on the premises and to all the privileges era nte n udcto e to the holder ofe Cl sstfa i" the last publication thereof being in the issue dated the ...2�et cense shall be exempt from the pa- meet of all soft drink licensee to _ December $Claesa'C"C"e CB retail licence entitles day of A. D. 19.. • • Subscribed and sworn to before me this 21 � day of December -a .33. — No cry Public. My commission expires Advertising fee, $ • the licensee to sell beer on draft for consumption on Or off the yrem• lees and to all the privil grant- ed to holders o1 Class"A and"B" SECTION.12,I[any licensee kare- ietall licenses. Inabove described shall be convicted Clan A wholesale license entitles of any vloletion of any law of the the licensee re it bottled beer to State of Utah or any ordinance of retailers ere for resale and to cell lot- Salt Lake City relating to the man- tledbeer In not less than twee lots tenon re,sale or peeeeelon of IntOx- to c neumee but shall not entitle Mating liquor or beer,or If 1n the the egg. r to any of the other opinion of the Board o1 Commission- p lvllege9 granted to the holders of erg the pre lees or equipment are Class 8 or C retail license. not maintained In a sanitary con- CLASS B wholesale e entitles ditBBoion ard or of Commissione in the rs,on the thedththe • the licensee to sell both bottled and oes is Conducted In disorderlyor keg beer to retailers I for resale and to sell bottled beer In not less than Improper manner the Board of Com- case lots and keg beer of not less missloners may revoke or suspend than 4 gallon kegs to consumers, the license of any such licensee, but shall not entitle the licensee The acts of the Board of Commis- to any of the other privileges grant- stoners king inr suspending anydeny such 1f- er to theret holdersof a Class A,&, cense or licenses shall not be Sub- SECTIONor C ell 4.ceAppnse. lect to any review whatever except seto oegage Inl thei business on for a iof for fraud or corruption or the aa ewheolesaler or retailer of beer with- capricious and arbitrary refusal to In the corporate limits Of Salt Lake exercise discretion In granting,deny- City shall be made 1n wilting under Ing,revoking or suspending licensee. oath on Iorms provided by the City SECTION 13. No license shall be License Assessor and Collector and 'granted for the perusing le,service or din- containing such Information es the pe ing of said beer or,If granted, Board of Commissioners may require, may be revoked o or suspended where SECTION 5. No license shall be such service dispensing in the issued to any person except a eft- opinion of the Board ofCommission- lean of the United States of good ers will be contrary to the public moral character,over the age of 21 welfare. years,whohas not been vlcted SECTION 19. All licensed prem- of any felony and who hoc not,since lees shall be subject to lnapeottoa the second day of January,1934,been by any peace officer and by any Convicted of any violation of any member of the City Commission or State law Or city ordinance of Salt any member of the otty attorneys Lake City prohibiting or regulating office or any inspector of the City the traffic in Intoxicating liquors License Assessor's and Collectors of- or beer,provided that a license may neeor any Inspector of the be issued Mt co-partnership or Health Department during the hours corporation if the members of said when the said premises are open for co-partnership or the directors and the transaction of business. officers of suchcorporation, the Each license shall be displayed trt maycase be,areve of good moral char- a conspicuous place on the premises voter and none of them have been at all times. convicted of any felony,not since SECTION 15. NO licensee hereun- January 2,1934,have been convicted der shall knowingly ernPloy In con- Y any violation of any law of the nectlon with his business in any ea- State of Utah or ordinance of Salt parity whatsoever any person who Lake intoxicating City regulating the traffic in hes been convicted of a felony or I ting liq uor orbeer who,since January 2,1934,has been SECTION IL Said application itfor found guilty of the violation of any a Clans "e retail license shall be law of the State of Utah or of any m accopanited by a bond with two ordinance of Salt Lake City relet- good and sufficient sureties(Unless Ing to the Waffle in intoxicating a corporate surety 1s given)in the liquor or beer, penal sum of$250.00,to be approved SECTION M.Any person who shall by the Board of Commissioners,con- engage In the businessof a whole- (Intoned that such retailer will safer or retailer 1 beer within the faithfully comply with the laws of corporate limits of Salt Lake City the State of Utah and the ordinances without having an appropriate li- ef Salt Lake City and in elatticttlar sense therefor from Salt Lake City, all laws and ordlnan0 relating to or whose license Issued by Salt Lake the di le, keeping or dispensing'Of City has been revoked, suspended a Intoxicating liquors or beer.A sap- or cancelled, or ho shall violate prate bond shall be given„for each any provisions of this ordinance shall place where beer in to be sold on be guilty of a mlaaemeanor, and, draft. upon conviction.shall be punished SECTION 7.. Before a license Is by a fine not exceeding$299.00,or issued for the consumption of beer by Imprisonment In the cl for On the premises the applicant must a term not exceeding slit months or have firstt procured from the Board by both such fine and mprison• of Health of Salt Lake City per- meet. mit showing that the premises are SECTION 17. In the opinion of it a sanitary condition regulations and that he the Board Of Commissioners, tt 1s the Board of Healt with h)reltn to the safety the to the Inhabitantse. �of Sh at dispenalhg of beer. Lake City that this ordinance be• SECTION 8. Any License looped come effective immediately. pursuant to this ordinance shall be SECTION 18. This ordinance shall p Yellable only.to the person, co- take effect January 2.1934. partnership or corporation specified Passed by the Board of Commis• therein and only for the premieea stoners of Salt Lake City,Utah,this described in said license,and shell list day Of December,A.D.1933. not be transferable to any other per- IC GEORGE D. EYSER, son, os-partnerehlp or rperation Temporary Chairman, or aSY other premises,without'the (SEAL) ETHEL MACDONALD, consent of the Board of Commie- City Recorder, toners and the payment of a$5.00 Bill No.22. transfer fee. Published December 21,1933. •4. SECTION 9. All applications shall be aeoempanted by the fees herein- afTpllcenee fees ees for the retelling or wholesaling of beer shall be as follows' For Class "A" retail license, for one year or any part thereof,$20.0D. For Class B" retail llcenee one year Or any part thereof,$75.00. For Class"0" retell licence, for One year or any part thereof,$150.00. Fora Class"A"wholes license, for one year or any part thereof, $100.00. Fora ties"B"wholesale license, for one year or any part thereof, $200.00. All licenses issued hereunder shall expire on December 31st of the year n which the'same are tested. SECTION 10. No person shall Bell, dispense,furnish or give away beer at any public dance hall, dance aaVillOn orla.where public dances' re held oD the public is permitted to dance. The term dance ball as herein need shall be construed to inalime all bdlacent.trooms opening li floor,ly or such term shall not90 elude a cafe, dispense,give No ➢ shall Bell, fur- nish or give beer to any petition who appthe influence n l to be intoxicated or tinderLhSECTION011, No dealer or wh01e- saler shall either directly or indi- rectly supply,give or pay for any furniture, furnishing, fixtures or shall equipment of a taller, ni such dealer or wholaaleradvance, urnish money or pay for any 11- ense of a retailer,or be financltlly or in the conduct or operater ion of the buelneaa of any retailer. 1 Proof of Publication From The Salt Lake Telegram l`7J County Entry No.