38 of 1909 - Ordinance 38 of 1909 – Repealing Chapter XXIV relating to intoxicating liquors. I
AN ORDINANCE .
An ordinance repealing the whole of Chapter XXIV of the Revised
Ordinances of Salt Lake City of 1903, relating to intoxicating liquors, and
each and every part of Sections 307 to 334, inclusive, of said Chapter XXIV,
and all amendments to said sections, or either of them, passed by the City
Council and approved by the Mayor prior to the confirmation of this ordi-
I
nance, and enacting a new chapter to be known as Chapter XXIV of the Ordi-
nances of Salt Lake City, relating to intoxicating liquors.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter XXIV of the Revised Ordinances of Salt Lake
City of 1903, relating to intoxicating liquors, and every section of said
chapter, including amendments thereto, and to said sections, passed by the
City Council of this City, be, and the same are hereby repealed.
SECTION 2. That a new ordinance is hereby enacted, to be known as
Chapter XXIV of the ordinances of this City, relating to intoxicating
liquors, to read as follows:
SECTION 1. LIQUORO. SELLING OF. LICENSE REQUIRED. It shall be
unlawful for any person, firm, association or corporation to manufac-
ture, sell, barter, give away, serve, or in any manner deal out or
otherwise dispose of any spiriruous, vinous, malt or other intoxicat-
ing liquors without first obtaining a license so to do, as hereinafter
provided.
SECTION 2. LICENSEE MUST BE OWNER OF STOCK, Sao. No retail li-
cense to sell any spirituous, vinous, malt or other intoxicating
liquor shall be granted to any person, firm, association, or corpo-
ration unless such person, firm, association or corporation is the
owner of the fixtures and the stock in the place where said business
is proposed to be carried on, and is either the owner of the building
in which said business is proposed to be carried on, or ha a, lease
for the said place from the owner thereof, in his, tit their, or its
own name, which facts shall be made to appear by an affidavit made by
said person, or member of said firm, or the president or other officer
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of said corporation, and be filed with the License Assessor at the
time of applying for such license.
SECTIOU 3. TEAM DP'FINl D. A manufacturer, as contemplated in
this ordinance, is a person, firm, association or corporation who from
raw material manufactures any spirituous, vinous, malt or other intox-
icating liquors, and sells the same in kegs, casks, barrels, bottles
or cases; bu# no such manufactured article shall be sold or otherwise
disposed of to be drunk on the premises of the manufacturer.
A wholesale dealer, as contemplated in this ordinance, is a per-
son, firm, association or corporation who sells or otherwise disposes
of spirituous, vinous, salt, or other intoxicating liquors in any
quantity of five gallons or more, or one dozen bottles or more; but no
such liquors shall be sold or disposed of to be drunk on the premises
where sold.
A manufacturer's agent, as contemplated in this ordinance, is
any person, firm, association or corporation who, as agent or repre-
sentative of a manufacturer or manufacturer's of malt or beer outside
of Salt Lake City, sells the same in kegs, casks, barrels, bottles or
oases, at wholesale to wholesalers or retailers doing business in
said City.
A retail dealer, as contemplated in this ordinance, is a person,
firm, association or corporation who sells or otherwise disposes of
such liquor in any quantity of less than five gallons, and also by the
glass or dram, to be drunk on the premises where sold•
A druggl* ; as contemplated in this ordinance, is a person, firm,
association or corporation who makes the compounding of medicines and
the sale of drugs and medicines his, their or its chief occupation,
and who, upon occasion, sells intoxicating liquors by the bottle or
package, but never exceeding five gallons in quantity in any one sale;
nor to be consumed upon the premises in- any form, or in mineral water,
soda water, or soft drinks or soft beverages of any kind, or other-
wise; provided, that any sale of intoxicating liquor by any druggist
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in quantity of five gallons or more, shall be deemed to make of him a
wholesaler, and subject him to the payment of a wholesaler's license
as in this ordinance provided.
SECTION 4. UNLAWFUL TO SELL LIQUOR WITHOUT PROCURING A LICENSE
AND GIVING BOND. ONE BAR ONLY TO BE OPERATED UNDER EACH LICEEGN.. USE
OF CELLAR FOR STORAGE PURPOSES PERMITTED. It shell be unlawful for
any person, firm, association or corporation engaged in the sale or
other disposition of spirituous, vinous, malt or other intoxicating
liquors, or engaged in any business where such liquors are at any time
sold or otherwise disposed of as an adjunct of said business, or
whether engaged in any such business at wholesale or retail, or both,
to conduct said business Ott without first procuring a liquor license
and giving bond therefor in the manner hereinafter prescribed; provided
that no more than one bar shall be operated under wpeaated one license,
and provided further, that any person, firm, association or corpora-
tion to whom a license is granted under this ordinance may use a cellar
or storehouse for storage purposes only.
SECTION 5. FORM OF APPLICATION AND BOND FOR LIQUOR LICENSE. Ap-
plication for liquor license shall be made by petition to the City
Council by the applicant and filed with the City Recorder, and a dupli-
oate filed with the License Assessor. Said petition must state defi-
nitely the particular place at which said liquors are to be manufac-
tured, sold or otherwise disposed of, whether at wholesale or retail,
and if at retail at a new location, in case of a protest against the
application by the owners of a majority of the foot frontage upon the
side of the block where the proposed business is to be carried on, the
application shall not be granted. At the time of filing his duplicate
petition, the applicant shall be furnished a bill by the Assessor, and
the applicant shall deposit with the City Treasurer the amount charged
by the Assessor for the period applied for. In case the license peti-
tioned for shall not be granted by the City Council, the sum of money
deposited with the City Treasurer shall be refunded to the applic t.
The applicant shall also file with the petition a bond running to Salt
Lake City, conditioned that during the continuing of his license he
will keep an orderly and well regulated house, and that he will not
allow gambling in any form within the premises where his business is
conducted; that he will pay all damages, fines and forfeitures which
may be adjudged against him under the provisions of this ordinance
and under the provisions of title 32 of the Revised Statutes of Utah
of 1898, and the amendments thereto, which said bond shall be in the
sum of one thousand ($1,000.00) dollars for all wholesale and retail
liquor dealers, manufacturers and manufacturers' agent, and the sum of
five hundred (1500.00) dollars, for all other licenses issued under
the provisions of this chapter, with two or more individual sureties,
or one corporate surety, said sureties to be approved by the Mayor.
To the said bond shall be attached a justification to the effect that,
in the case of the individual sureties, said sureties are residents
and freeholders within Salt Lake County, State of Utah, and worth the
amount specified in said bond, over and above all just debts and lia-
bilities, and exclusive of property exempt from execution; and in the
case of a corporate surety, said justification shall be to the effect
that said surety is qualified and authorized under the statutes of
Utah to do business within the said state as a surety company. The
said bond shall be filed with the City Recorder by the said Assessor.
SECTION 6. LICENSE TO BE ISSUED ONLY TO TEE PROPRIETOR OF TEE
PLACE LICENSED. LICENSES NOET-TRANSFERABLE. ITo retail liquor license
shall be issued to any person, firm, association or corporation other
than the proprietor of the place for which it is issued. A retail
liquor license shall be non-transferable.
SECTION 7. APPLICATIONS FOP RETAIL LIQUOR LICENSE TO BE REFERRED
TO THE CHIEF OF POLICE. WHEN LICENSE SHALL BE WITHHELD. WHIZ LICENSE
SHALL BE REVOKED. All applications for retail liquor license shall be
made by petition to the City Council, and shall be immediately referred
to the Chief of Police, who shall report to the City Council within
5.
five days after such reference as to the condition of the place where
such business is to be carried on in regard to the matters hereinafter
.mentioned, and as to any other matters of which in his judgment the
Council should have knowledge, with his recommendation as to granting
or withholding the licence. No retail liquor license shall hereafter
be granted by the City Council to any person, firm, association or
corporation until the place where such business is proposed to be
carried. on has first been inspected and examined by the chief of
Police. Eo license shall he granted if it shall appear that such placox
has within it or in any manner connected with it by stairs, elevator,
dumb waiter, speaking tubes, electric apparatus or other means of
communication, any lnoct wino room, card room,' lunch room or booth
not having an opening at least two feet six inches wide and six feet
high facing the t',air room or passage way and visible therefrom, whether
the same are under the control of the applicant for a license or not.
And evey retail liquor license shall be revoked by the City
Council if, after granting the same, the person, firm, association or
corporation to whom the same is granted, or any other person, firm
association or corporation with the knowledge, consent or acquisence
of the licensee shall open, place, maintain or conduct within the place
where said business is licenced to be carried on, or in any manner
connected therewith, in the manner above mentioned, any ised wine
room, card room, lunch room or booth not having an opening at least
two feet six inches wide and six feet high facing the main room or
•
passage way and visible therefrom.
SECTION B. SALE OPT INTOXICATING LIQUORS III fUANTITY TXCREDIIIG b'IVE
GALLONS, OR LESS THAN ONE-HALE` PIET 3Y DRUG STORES NITSOUT A LICENSE
'PROHIBITED. It shall be unlawful for any person,firm asso-
ciation or corporation conducting any wholesale or retail drug store
or stores in Salt Lake City, to sell or otherwise dispose of any liquor
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or intoxicating drink of any kind, by the drink, to be drunk on the
premises at any time, or permit the same to be drunk upon the premises
in mineral water, soda. water, or soft drinks or soft beverages of any
kind, or otherwise. It shall also be unlawful for any suoh person to
sell or otherwise dispose of any liquor or intoxicating drink in any
bottle or package in quantity less than five gallons, unless said
person, firm, association or corporation shall first have procured a
druggist's license to sell liquor as hereinafter provided. It shall
likewise be unlawful for any person, firm, association or corporation
to sell or otherwise dispose of any liquor or intoxicating drink in
quantity exceeding five gallons, unless such person, firm, association
or corporation shall first have procured a wholesaler's license, as in
this chapter provided . . It shall also be unlawful for any druggist or
person employed in or about any drug store, having a druggist's li-
cense, to sell, give away or dispose of any intoxicating liquor or
drink in any manner of form except in original packages or bottles
containing not less than one-half pint.
SECTION 411.
CERTIFICATE OF LICENSE. MANNER OF ISSUING AND FORM
Upon the granting of any license in this chapter mentioned, the appli-
cant shall be entitled to receive from the City Recorder a certificate
of license for the purpose specified in the application and in the
grant by the City Council. The certificate of license shall show the
name.,,of the person, firm, association or corporation licensed, the
amount paid to the City Treasurer, the, kind of license issued, ,the
place of business. of the licensee, the,dato of commencement and the
date of expiration of the license, and that the person, firm, associa-
tion or corporation therein named is duly authorized to carry on the
business therein specified at the place and for the period therein
named, and. that said certificate of license is not transferable. Said
certificate of license shall be signed by the City Recorder, with the
• seal of Salt Lake City affixed.
No license granted or issued under any provision of th-i.s'chapter
shall be in any manner aesingable or transferable, or authorize any
person, firm, association or corporation other than i..Si therein men--
tinned or named, to do business, or Authorize any other business than
is therein mentioned or named to be done or transacted, or the busi-
place
ness therein mentioned or named to be done or transacted, at;- o:nynother.
than is therein. mentioned or named.
SECTION lD, CERTIFICATES OF LICENSE TO BE IPjUfi FOP T'TTPEE
MONTHS. EXCEPTION. All certificates of license issued under the pro-
visions of this chapter, shall be for regular quarterly periods of
three months commencing January lst, April lot, July 1st, and. October
let, for the first, second, third and fourth quarters, respectively,
of each year. Provided, however, that when an application is made
after the commencement of the first, second or third quarter, the ap-
plicant shall deposit with the City Treasurer an amount of money equal
to the charge for a full quarter and the unexpired portion of the
the
quarter in whichr\Fpplioation is made, and the certificate of license
shall be for such period, that is, beginning with the date of applica-
tion and expirirc on the last day of the succeeding regular quarter;
and that when an application is made after the commencement of the
fourth quarter, and the application is approved by the Council, the
applicant shall deposit with the City Treasurer an amount of money
equal to the charge for the unexpired portion of such quarter, and the
certificate of license shall be for such unexpired portion. lie cer-
tificate of licence issued under this section shall extend beyond the
municipal year in which it is granted. No certificate of license is-
sued under this section shall be for a lesser period than three
months, except certificates issued during t.,e last quarter of each
year and before certificates for a lesser period than three months
can be issued; the application must be approved by the Council as
herein provided.
SECTION A iOUT_ITS TO Hr PAID On LIC T' Tile fa11U.m'iA, 0
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accounts shall be, nod ore hereby ontablished as the quarterly charge
for license under the provisions .of this chapter, to-wit:
As mnnufsc,turer of boor for all boor soldlin
�;Salt ,,-xc City, per barrel - - - - - - - - - - - - - - .10
As manufacturer's agent for all beer sold in
Salt Lake City, per barrel - - - - - - - - - - •- -- .10
All barrels of beer shall be figured as containing thirty-one
gallons, and containers of less quantities in proportion, and when
beer is sold in bottles, quart bottles shall be figured as containing
one-fifth of a gallon, and pint bottles one-tenth of a. gallon.
The applicant for a manufacturer's or manufacturer's agent's li-
cense shall file with the. application an affidavit stating. the number
of barrels of beer, figured es aforesaid, that said applicant sold In
Salt Lake City during the quarter preceding the quarter in which said
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proposes license to be used.
A
As retail dealer ,375.00
As wholesale dealer, ems, - - - - - - - -- - 100.00
As druggist
All said sums shall bo payable strictly in advance.
In no case shall any payment made or license issued entitle the
licensee to conduct more than one place of business thereunder. Nor
shall the payment for, or license issued forgone kind of liquor license
entitle the licensee to carry on any business thereunder requiring
another kind of liquor licence; that is, a separate license shall be
obtained to carry on each kind of business as defined in this chapter.
SECTION 33. SALE OF LIQUOR TO MINORS, INDIANS, INSANE OR DRUNK-
ARDS P.ROIIIBITED. It shall be unlawful for any person, firm, associa-
tion or corporatio , whether acting for himself, or as agent, servant,
or employee of any other person, firm, association or corporation, to
give, sell, furnish or deliver, or otherwise dispose of any intoxieat-
ir.g liquor to any Indian, or to any person under the age of twenty-one I
years, or to any person known to the community as an habitual drunkard,
or to any insane or idiotic person, whether said Indian or minor`tf
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insane or idiotic person shall buy or receive tho said liquor for his
own use or consumption, or in whole or in part for the use or consump-
tion of any other person or persons.
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SECTION ii. MINORS, INDIANS, INSANE OP IDIOTIC PERSONS IN SALOONS
OR BILLIARD HALLS PROHIBITED. It shall be unlawful for any person,
firm, association or corporation to send, or tnice, or for any owner,
agent, bartender or employee to permit or allow any person under the
age of twenty-one years, or Indian, or insane or idiotic person to go
to or remain at or in any saloon, wine room, or apartment whatsoever,
where intoxicating drink is sold or dispensed, excepting drug s'teroc,
hotels and rest^.ur.entu; or to permit any such minor to visit, fregaont
or remain in any billiard or pool room or hall.
SECTION MILANNOL NOR MsINOT., TO lSIO..._.. ,,:3i,..'T AGE,. It shall
be unlawful for any person under the age of twenty-one years to enter
or remain in any saloon or other place where intoxicative iige rs are
sold or dispensed, excepting drag stores, hotels and restaurants, or
to misrepresent his age and state himself to be over the age of twenty-
one, in order to gain admienion to any saloon or other place where in-
toxicating liquor is sold or dispensed, or to secure the s le to him-
self of any malt, spirituous, vinous or other intoxicating liquor.
SECTION iE FEMALES PROHIBITED FROM BEING IN SIiL�.'.ON i OE SINE
ROOMS. It shall be unlawful for any person, firm, association or cor-
poration operating a saloon, to permit any female person to enter, be,
or remain in such saloon, or to employ any female in any snob place of
business. , _ S - �
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SECTION l DANCINGRUNLEXIESS AND DISORDERLY CONDUCT IN SA-
LOONS PROHIBITED. It shall be unlawful for any person, firm, associa-
tion or corporation, or any agent, manager, bartender or employee of
any person, firm, association or corporation engaged. in the business
of selling intoxicating liquors at retail, to permit lodging, dancing,
drunkenness or sleeping, or to permit any disorderly conduct in his,
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their or its saloon or place of business.OTTA.-wrio:Cs.u..r41+,440'+
SECTION 11. SALE OR DISPOSAL OF LIQUOR ON SUNDAY. EVIDENCE. It
shall he unlawful for any person, firm, association or corporation, or
any manager, agent, bartender, servant or employee of any person, firm, ';
association or corporation to sell, give away, serve or otherwise dis-
pose of any spirituous, vinous, malt, beer or any intoxicating drink,
at any time on the first day of the week oofimonly called Sunday, or
between 12 o'clock mi:inignt and 6 o'clock A. M.,t except he be a drug-
gist, and then only for medical purposes upon the prescription. of a
regularly licensed physician.
All saloons and bars where any spirituous, vinous or malt liquors,
bear or any intoxicating liquor is sold, given away or otherwise dis-
posod of, or kept for sale, or to serve, either at wholesale or retail,'
shall be closed on the first day of the weak commonly called Sunday.
It shall be prima facie evidence of the violation of this section if
any person other than the proprietor or regular employee is seen going
in, coming out of or within said place ►.e",4+--7.2a-.-.4..
SECTION if. PHYSICIANS PROHIBITED FROM ISSUING PRESCRIPTIO G IN
BLANK Oa IN QUANTITY WITH INTENT TO VIOLATE THIS CHAPTER. It shall be
unlawful for any physician to issue any prescription or prescriptions
in blank, or in quantity, or in any manner, for the purpose of evading
any of the provisions of this chapter.
SECTION 4. INTERIOR OF SALOONS TO BE OPEN TO INSPECTION FROM
AND FROM 12 O'CLOCK MIDNIGHT TO 6 O'CLOCK A.M.
THE EXTERIOR ON SUNDAYA All blinds, curtains and screens shall be
withdrawn from the doors and windows of all saloons, bars, wine rooms
and other places where intoxicating liquors arc sold, and all interior
door;:, screens, blinds and curtains shall be so opened that an unob-
structed view of the interior of such places may be had from the side-
walk or exterior of all such saloons, bars, wine rooms, or other places
where intoxicating liquors are sold, during all of the time on the
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first day of the week commonly called Sunday And it shall be unlaw-
ful for any person, firm, association or corporation licensed to .
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intoxicating liquors at such saloon;. bar, wine room or other place, or
the manager or other person having temporary or permanent charge there-
. of, to fail to comply with the provisions of this section.
SECTION 20. LICENSE TO BE REVOKED FOR VIOLATION OF TON PROVISIONS
OF THIS CHAPTER. Any person, firm, association or corporation licensed
under the provisions of this chapter, in whose place of business either
or any of the offenses stated in this chapter shall be committed, or
who shall be found guilty of either or any of said offenses, shall
thereby forfeit his, their or its license; and the same shall at once, •
upon due notice as prescribed by law, be revoked. by the City Council,
and no part of the unexpired license be refunded.
A/
SECTION ee. LICENSE NOT TO BE RE-ISSUED TO .ANY P.ER30E, FIRM,
ASSOCIATION OR CORPORATION CONVICTED OF ANY VIOLATION OF THIS CHAPTER,
OR TO SAM gLAOH,: Any person, firm, association or oorporation,whose
license to sell intoxicating liquors has been revoked by the City
Council for any cause, shall thereafter be ineligible to receive any
license to sell intoxicating liquors in-Salt-Lake-City, and. no license
shall be granted to be used at the place where said revoked license
was used, for six months after such revocation.
SECTION as. NOT IUORE THAN THREE LICENSES TO BE ISSUED TO ANY PER-
SON, FIRM, ASSOCIATION OR CORPORATION TO SELL INTOXICATING LIWORS.
Not more than three licenses to sell intoxicating liquors in Salt Lake
City shall be issued at any one time to the same person, firm, associ-
ation or corporation, and no license to sell intoxicating liquor shall
be issued to any firm, association or corporation, any members or
stockholders of which combined, hold a total of three such licenses.
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SECTION 2.a. UNLAWFUL TO SELL LIQUOR ON ELECTION DAY. It shall be
unlawful for any person, firm, association or corporation, either li-
censed or unlicensed, to sell, give away or in any manner dispose of,
directly or indirectly, any spirituous, vinous, malt or other intoxi-
cating liquor nit on the part of any day set apart or to be set apart
for a general or special election for any state, county or municipal
officers, except members of the Board of Education, except for medical
purposes, upon the prescription of a physician, as hereinbefore pro-
vided. 1`��
SECTION 24- -MAYOR TO ISSUE,'PROCLAMATION CLOSING SALOONS ON CEA'
TAIN DAYS AT HIS DiSCRETION. The Mayor, whenever in his judgment, the
peace, good order and safety of the inhabitants of the city shall re-
quire it, and on all legal holidays, may by proclamation' forbid the
sale or other disposition of any and all intoxicating liquors for any
stated period of time, not exceeding in all twenty-four oonsecutj
.50'.?'
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hours.
SECTION Sir LICENSEES ACCEPTIPG LICENSED ACCEPT THE PP,OVI.,k,LOES
OF THIS CHAPTER. Any licensee receiving license under the provisions
of this chapter shall *lie deemed to have accepted the same with all the
duties, bbligati6ns, liabilities, restrictions and limitations herein,
and by the lots of this state provided for,.imposed. ap part and parcel
of said lieense•without other or further notice, and without each or
any of such 'provisions'befng specifically. incorporated in the, license
to him; theft or
it granted.
SECTION 2i. DUTY OF CHIEF OF POLICE. It shall be the duty of the
'Ch'ief•of Police of this city, and he is hereby directed to enforce
•strioitly the terms of•this ordinance, without regard to the instructions
or directions of any committee or the individual members of the City
'Council of-this City. •
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SECTION] .- -PENALTY. Any person, firm, association or corpora-
tion violating any of -the provisions of this chapter shall be deemed
guilty of a misdemeanor, and upon conviction thereof, shall be punished
by a fine of not less than one hundred dollars, nor more than three
hundred dollars, or by imprisonment in the city jail not less than
thirty days nor more than six months, or by both such fine and imprison-
ment; provided., that nothing herein contained shall be construed to pre
vent Salt Lake City from recovering the amount of any license herein
required to be paid, in a civil action brought for such purpose, as
provided by ordinance of this City.
SECTION 3. All ordinances and resolutions or parts of ordinances and
resolutions in conflict herewith are hereby repealed to the extent of such
conflict.
SECTION 4. This ordinance shall take effect trCeea.yy_ -�-
C
Passed by the City Council of Salt e City,Utah, April 5,
1909, and referred to the Mayor for his arpro a .
•
Recorder.
Approved this dz.)y of April, 1909. .
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