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62 of 1911 - Ordinance 62 of 1911 – Amending and re-enacting Chapter 24, relating to intoxicating liquors. H.J DININNV // P.J DALY, iw ciV ATTORNEY. �� W.S.D LTON eiwxYYi 01H _ aV � _ i R- 1 0 it i h ` �,� / '^ /C lraF i. /!I July 31, 1911. To the Honorable President and Members of the City Council, Salt Lake City, Utah. Gentlemen:- In the matter No. 62, being an ordinance introduced into the City Council by Mr. Fernstrom, repealing and re-enacting Chapter 24, relating to intoxicating liquors, referred to this office on July 24, 1911, for an opinion, I would respectfully say: Heretofore I have sent a communication to the City Council relating to the expedienoy of passing a liquor ordinance. Now I am directed, as I understand, to give an opinion with reference to the legality of such an ordinance, and with pertain exceptions hereafter referred to, it is my judgment that an ordinance: like that presented by Councilman Fernstrom is unlawful, illegal and contrary to law. I have arrived at this conclusion after the exemin tielli imuercniS euttbytitters and of the liquor statute itself. The general rule of law 11s held by a large majority of the states is that when the state has legislated fully upon a particular subject, a pity council has no right to legislate upon the same subject unless the power to do so is expressly conferred upon that body. 4As we all kpow, the legislature has with great particularity legis- lated upon all phases of the sale of intoxicating liquors, except that in E. I -2- two or three partioulars it has left the matter to the legislative power of the oity oounoil. Before the act of the last legislature in regard to liquor licenses was passed, the city council by *tt= Subdivision 41 of Section 206, was empowered "to license and regulate or prohibit the manufacture, selling, giving away, or disposition in any manner of any intoxicating, malt, < vinous or fermented liquor x at x x , and to determine the amount to be paid for such license; and such license shall be subject to the same res- trictions as required by the general laws of the stater &a. So that the city council was authorized to legislate with reference to the whole sub- ject of intoxicating liquors by the section above quoted. The section above quoted was amended by the Laws of 1911, Chapter 120, at page 212, and is now Section 206x41, which provides, so far as licensing and regu- lating and prohibiting the manufacture and sale, &c, of liquor, the same as the wialm old section; but where it speaks with reference to enacting an ordinance in regard thereto, says: "And in any oity where the qualified electors have voted for sale of intoxicating liquors, such city council shall have the right to determine the amount to be paid for liquor license r: as provided by law, and said license shall be subject to the same xastxix- regulations as are required by the general laws of the state; and to pro- vide such other reasonable regulations as the oounoil shall deem advis- able." In my opinion this new section 206x41 does not apply to pities of the first class, but to cities of the third class, where their city councils grant licenses. But if it can be construed in any way to apply to Salt Lake City, it will be notioed that the only thing that is left to the city council to do is to determine the amount to be paid for liquor } I � -3- licenses, and provide for such other reasonable regulations aside from those contained in the general laws as the council may deem advisable. So that there is no power conferred upon the oity council as an original proposition to pass ordinances for the enforcement or the control of the liquor business, that power having been taken away by Section 206x41, and Chapter 106 of the Laws of 1911. Chapter 106 of the Laws of 1911, which is the new liquor law, goes fully into all the questions that can possibly arise in the sale of intoxicating liquors, and that ohapter con- fers certain speoifio powers upon city councils and no others; that is Section 5 provides that the mayor and city council in their respective cities, &o, shall from time to time determine and fix the limits of the business district; and Section 7 provides that the city councils shall fix the amount of license to be paid, and by somewhat of a stretch of imagination, by Section 8 the council has a right to fix when the license shall be paid. Section 25 permits the pity council to fix the hours within which intoxicating liquors may be sold not later than twelve o'clock at night on week days. Aside from those provisions, there is nothing whatever in the act which confers any power upon the oity council, and it would seem from Section 68 that the legislature intended that the oity council should not pass a law regulating the sale of intoxicating liquors, because that section reads, "Nothing in this sot contained shall prevent or prohibit any city council x x x x from enacting restrictions upon and regulations of the traffic in intoxicating liquors in addition to but not in conflict with the provisions of this act." That is, by construction the city council could only legislate upon the subjects specially indi- cated in the aot, and other regulations in addition to those set out in ' { j -4- the bill. In my judgment the words "in addition to" are to be construed as a restriction upon the authority of the oity council to legislate upon the liquor subject. It will be noticed that no place in this law, Chapter 106, nor in Section 206x41 is there any express power conferred upon the city council to legislate upon the intoxicating liquor subject except as noted abive. Referring now to the ordinance introduced by Mr. Fernstrom, what would be Section 4 of the ordinance prepared by Mr. Fernstrom, relating to the business district, is in accordance with the power specially con- ferred upon the city council by Chapter 106 aforesaid. What would be Section 5 if the sections had been numbered, which fixes the amount of the license, is all right and in conformity with the law, and in my judg- ment there should be added after that how it may be paid. There are no other sections in the ordinance presented by Mr. Fernstrom which are restrictions upon and regulations of the traffic in intoxicating liquors in addition to those contained in Chapter 106, except what would be Sec- tions 36 and 37 if they were numbered. Section 36 makes it the duty of the Chief of £olioe to at least four times a year inspect all premises where intoxicating liquors are sold, for the purpose of ascertaining if the licensee is oomplying with the ordinance, and to report the condition of such premises, on or about the 15th days of September, December, March and June, and also whether any complaint or conviction has been rendered against any licensee during the preceding three months. Of course the council has the power 'le pass that section, but what good it can do I am -5- unable to see, except as an additional duty placed upon the Chief of Police, because whatever his report would be, the city council has no power to revoke a license, or to refuse a license. It may, however, be of importance that the city council may communicate the facts contained in such report to the District *curt when, some offender has applied for a license. Section 37 provides that any rooming house, hotel or merchant holding a license to do business in this city violating this ordinance by selling liquor without a licence, if convicted a second time,- shall be declared a nuisance and shall not be permitted to operate any rooming house, hotel or any business thnt requires a license. I suppose it is within the power of the Council to pass that section, but it would seem to me that it is not germane to the subject. of licensing persons to sell intoxicating liquors. What would be Section 38 of the ordinance presented by l,;r. Fernstrom, is the penalty clause. That penalty clause, all of it, conflicts with the powers conferred upon the city council under Section 206x87 of Chapter 120 of the Laws of 1911. That part of the penalty clause where it pro- vides for the punishment of a corporation in any sum from e1,000.00 to e5,000.00 never could be carried out. My conclusion from all which is that an ordinance such as was intro- duced by Mr. Fernstrom, except in the particulars where the council is called upon to legislate as to the boundaries of the business district, 'Ws amount of license, and the time when it may be paid, the closing hours, and the additional section in regard to the Chief of olice examining and making a report is without 4,e.J. .mt 02 lew, any. '_ _' )assed by the City • -6.- Council would be void. One reason advanced, as I understand, for the enactment of this ordinance, was to compel the police force of this city to enforce the liquor law. Of °ours. that position has no foundation in law, as the chief of police and every police officer is a state officer and charged with the enforcement of the state laws as well as of the ordinances of the city, and it is the duty of every police officer to arrest any person violating the laws of the state the same as if there was an ordinance of the city covering the same offense. Very respectfully', • • City Attorney. • • If Al • • ORDINANCE, An Ordinanse repealing Chapter 24 of the Revised Ordinances of Salt Lake city -of 1902, and all subsequent ordinances thereto, and amending the"same and enacting this Ordinance to be known as Chapter 24,relating to the sale.of intoxicating liquors, license to he paid, and its control and regulation of the same. De it *fleeted by the l[ayor and City Council of Salt Lake City, Utah: 8eetieu. Manufactur, sale, eta., of intoxicating liquor prohibited without license. Penalty. No one, by himself, his clerk, ser ant employe or agent, shall, ter himself or any person else, directly or indireetly, or upon any pretense, or by any deice, except as provided in this art, manufasture, sell, exchange, barter, dispense, serve, give in oonsideration of the purchase of any property or et any Berrie** or in evasion of this eat, or keep for sale, any intoxiostimg liquor, or solicit, take, or accept any order for the purchase ; sale,. *ailment, service or delivery of any such liquor, or aid in the deligery and distribution of any intoxicating liquor so ordered or abippid" er own, keep, or be in and way concerned, engaged sr employed in° � or keeping any intexi.eating liger with intent to __. violate any p isles of this mot, or autberise or permit ths`aims to be done. .-person wbe shall manufacture, sell, exehango, barter, kdre away or so furnish intoxicating liquors without first prom 'oaring a li'ossae'ic to de as provided in this net shall be deemed guilty if a nsisdelei t. • bitten "TPT0XICATING LIWOR" CONSTRUED. The terms "intoxicating ligearws," •as used 1n fkie net, *hall be eenstrued to moan any apiritmens+vlu.us,fermented or malt liquor that may be used as a beverage and predges-iAtexisation, and all aixtupes or preparations thereat tile* mq be used as a beverage and produce intoxioatinn. eettegi IEtINITIOl Of terns need in this 0rdinanse; A "Dwelling prusr:1 la defined as a plass used is a hone of a family, but shall not•i*ilude any baildiae in which a totem Sating amuse, rooming house, store, or other place of public resort is kept. A "Drawer" is defined as a person, partnership or corr"ppoorati►n.engegod in manufacturing fermented or malt liquors and dispesing of the saes,. A l'intex"-•le defi*id as a persons,'p`arthersbdp or corporation engaged i>nA n�,Tre�� Ng is winfi�ff gale; b noon, partner- ship or corporation engaged in manufacturing distilled spirits and dis- posing of the same. A "Pistol" in defined as a place or house containing ''tw my+five or mere rooms for entertaining'strangers er travelers. A "Club" is defused as a oorporation farmed solely for business or social purposes, and which nay incidentally desire to 'dispose of intoxicating liquors to its members and their bens fide q ests only, which is the bona fide owner of real property of at least WOOD in-value and whose annual membership dues amount to not less then $12 por year. No organization:, not duly incorporated, ekall be regarded as a club. • • A "Druggist or Pharmacist" is defined as a person, srtnership or corporation widen oompeunds or disposes of $rugs or medicines, and in the course of its business also dispose: of intoxicating liquors net to be consumed upon the premises. ♦ "Wholesale Dealer" is defined ae a person, partnership or oorpsratien which disposes of intoxicating liquors in quantities not less,than five wine gallons, except to a duly licensed liquor dealer. A "Retail Dealer" is defined a►s a person or partnership which disposes of intoxicating liquors in quantities of less than five wine gallons, which me be consumed en the premises. • Section. That the following territory in Salt Lake L, City, Utaly be and the same is hereby extablieleed as a business district within which license to sell intoxicating liquor mew be effective, to-wit: 'Winning at Third West and the south side of Worth Temple Strests;thanes east to the east si eff State Street; thence south to First ♦vehue; thence east twentypeds en said First Avenue; thence south to twenty-llze reds Moth of fifth South Street; thanes west to First West Street; thenoenortk to Fourth eoutk Street; thence west to twenty rods west of Sixth West 'treet; thence north to the north side of First South Street•Tkenoe east to Third 'Zest Street; thence north to the place of beginning. J Sestion. The following amount shall be and are hereby established As the annual licenses,exeluding sleet and expense ineident to application for license: Retail dealer • $1,500.00 Wholesale dealer •400.00 1lf etiiicr 1,000.00 Dhrmkgist or Pharmacist 400.00 Clubs 400.00 Growers, operating a brewery with an annual eepaeity and not exceeding S000 barrels 400.00 Brewers, operating a brewery with an annual oapaoity ever 5000 barrels and not exoeed- iag 25,000 barrios 750.00 With an annual capacity over 25,000 barrels end not exceeding 50,000 barrels 1,000.00 •ith an annual capacity ever•50,000 barrels and not exceeding 75,000'barrels .. 1,750.00 With and annual eepaeity over 75,000 barrels 2,000.00 License to be paid to City Treasurer. No lieeaoe ;Mall be granted_or booms* effective until the appiioakt4ii shall lave paid to the City Treasurer and ehall have presented to the city council, the official receipt of suck Treasurer showing that the applicant has paid into the City treasury, theemount of money required by the ordinance for a license. We licence shall be granted for a longer term than one year, nor fir a snorter tern than three menthe; and all licenses fora period less than one year, except as otherwise provided in this set shall be at the rate cf•not less than two beedrsd dollars for each and every month, or fraction thereof. Vlore licenses are granted for the while year, or for a period of six months sr mere, the amount of the license may be aid in quarterly installments, and if'so paid must be paid not later then noon of the first day of April, July, October and January. i I I -3- Xe license for a Clwb shall be granted for less tian the annual license fee, regardless.of the period for whisk tie same is granted. 'Section. APPLICATIONS. CONTENTS. All applications for lioensee shell be filed with the pity recorder, and each applications must state the applicant's nese in full, and that be has complied with the requirements, and possess tie gnalifioatiens specified in 'motion fire of this het, and if the applicant is a se-partnership the names of all tie partners must be stated. In ease of a club, tlae application mast state the general object or purpose thereof, and must aloe state that the sale of liquors will be strictly confined to tie mmnnbers thereof and thole bona`fido°guests, and-will be sold only for consumption in • the club rooms; All applications must be subscribed by the applicant, wgo must state, under oath, that the fagots stated therein are true to ✓ the best of his knowledge and belief. Applications by firs or co- partnerships moult be subseriked and sworn to to the affect above stated. by all of Os-members thereof.. In addition to tilts foregoing, the application shall aortas a certificate of at least fire resident freeholders of the vatting district in which the licence is to be of- tootive., to tie wriest that each of the persons aforesaid personally know the applicant, that No is a man of good moral oharaster, and that` in their opinion he is a fit and proper person to be granted a license. In some of a tint or ea.-partnership the foregoing certificate shall be made to sorer all of the members. No application shall be asserted or fi►god by the city recorder unless the statements therein contained snbetantiallp *enters to the sludumiedsockleszatetertgoing provisions, and is certified to as aforesaid. Beetle». BOND. No license *Nall be granted to any applicant under thee art unless sueli a pplicant.shall have exseuted and delivered to the City Canned iese►i•ng bite license, a bend in the penal sinter three thousand dellar's,p.yable is the city issuing the license, with ** least two good and stffieient sureties woe shall be freeholders of the county in whisk tie license is granted, or in lieu of such sureties v the applicant may furnish a bend in tie penal sum aforesaid executed ' by some surety eoghany who is authorised to do business in this State. If said bend be in proper fort, it shall be approved and filed by the city recorder. Tie band shall be conditioned that tie licensee will net violate sny•of the previsions of this ordinance or that he will pay all damages, fixes, penaljciss and forfeitures that may be adjudged against bin under the previsions of this ordinance. The bond to be taken in sachem may be substantially in the following fors; " 11Cr ALL 11i1 BY TMSfh PRB , that we A. B. of as principal and C. D. and E. V. of as sureties, are bold and firmly bound unto the city of , State of Utah, in the swm of three thousand dollars, to which payment well and truly to be made we bind ourselves and our legal represent- atives. Sealed with our seals this day of A. D. 19 The condition of tide obligation is suck that whereas the above bounden L.E. has thh day been licensed by License No. by ties mayor and city ceune. in tie county of Salt Lake. New it tie said A.),, shall well and truly ocmply with all the provisions of law and Ordinances relating to tie sale of intoxicating liquors, and obeli r also paY all damages, fines, penalties and forfeitures incurred by violation or such provisions of law and ordinances, and all ether damage, recoverable under the previsions of tie law relating to the sale of intoxicating liquors, then thde bond shall be void , but otherwise in force. Principal Skreties11 e i t, -4. ItM person who is a principal or surety, except a surety company, upon any bond given under this art, sha11 be permitted to become a surety upon any other bend of like character. Bash surety, except as sferosaid, shell make a written statement, under oath, that he is not a .,uoroty upon any other bond given under the provision* of said section, and such state- s+ ment shall be kept on file with the bond. No such bond "shall be accepted or approved until sash surety has mad* and subscribed a etatemsnt under oath that he is worth not less than tars* thwusandpt dollar. over and obey* all liabilities and indebtedness and all property exempt from'execution, and the *moment se made shall designate sufficient property, real or per. renal , to cover the requirements of the bond and shall be kept on file with the bend in connection with which said statement is meas. Section. i lA U.ITY OP LICK thhihS. ACTIONS. All licenses r( under this net sh►ll°be liable for and be required to pay all damages that the community or individuals may sustain in oonesquenee of the sale of and traffic in intoxicating liquors. A married woman shall have a right of v action against a license, or his bondsmen or both, for loos of support of herself and minor obildrsn, and she may maintain such action in her own none; Provided that in order to avail of the provisions of this Act she shall have notified the lieenoos in writing not to Bell liquor to her husband. In mask action ill shall only be necessary to prove that the lioensee or his agent has sold or given intoxicating liquor to her husband, and that by reason thereof he became disqualified to provide for her, or for his miner children. Any eadyiintoxicated der r vieitf1yunder the influence of*ha shall sell or give to person intoxicating liquor*, al. shall be liable to such person for actual damages sustained by him by reason of any imaltry that such person may suataln by reason of his intexi- oated condition, in Bass such person by reason of suck condition has temsper- arily lost oontrel Of his faculties and by reason thereof is injured. Such action may be maintained in the name of the injured person. Section. SlW ACTIONS MAX PM UMW. AnY person desiring to bring an lotion *whir the provisions of this ordisnono shall upon appli- cation to any city roe/ord.* upon paying the star of one dollar therefor be s entitled to reesivs s eartiti.d espy of any bend given under the prevision of this Act. 'Suck ow- when certified to under the hand and seal of the city recorder, shall be resolved in wvideneo upon the trial of omy cause without accounting for or proving the oxoo*tion of the original. Section. Id. Astions on the bond prsdided for in this Lot for damages or forfeiturop nay be brought in any Court having $urisdietion of v the amount claimed regardless of the penalty fixed in tam bond. Successive actions may be brought upon any bond in any *oust having jurisdiction until the penalty named in the bond has been fully exhausted. In such action, it shell be nesessary for the Plaintiff to alleged and prove the amount of the penalty whack remains *nexhaustsd but it shall be the ditty of thus do. fondants to allege and prove sack faoti, if it be a fast, and a failure to do so upon their part shall oonstitute a waiver, and'the bond shall be treated for the purpose of the motion as a Hall bond, Station. 91 ANUPACTVF2nS AND WhDLICALERI HOT TO BE Istax$STED IN PROCURING RETAIL Lamm E EPTIOJ. It shall be unlawfull for any person, -artaershipy or corporation engaged in the mannfenture or sale at wgolesals of intoxicating liquors, or any agent, offioor or employee of any seek person partnership iRht or corporation to aid or assist in any mountdirectly or tndirsetly Under-pretext or otherwise, in the application for or procuringof license for the sale, et retail of intoxicating liquor." in this city, or to engage in Or in any manner boom* interested, under protext•or otherwise, in the retail traffic in such liquors in this city, provided, hew• ever, that a manufacture or wholesaler of intoxicating liquor Other than a corporation may hero net to sassed one retail license. _oon Section ID. NOT TO COWARD= OR RENT FOR l ;IL5USINESS7---rt shall ha unlawfu for any p roon,00rporotion or aeeooiation engaged in the monotooture,or pole at wholesolo of intoxioo- Aing liquors, or his, its or their offioore,00ents or emoloyeee to con- flruot for or let to any person, Oirootly or indireoly, ander pretext or otherwise, and bullding,room,shed, apart rent, s mature, or place on,ur in woioh to oonduet the retail solo of *wino intoxiooting lioairs. Sootion SOLIttTI71° unIlmiT. AM :)11 I9TNC7.'. It ehall bo e,o unlawful for any person to solicit or receiver from any porson, oorTora- tion, or an000iation engaged in. the manufacture or eole of intooionting 'ignore, or hio,ite or their otfiooro, poons on emoloyees, myoid or opielanoe. diroetly or indirectly under pretext or, otherwise, in the peouring or use of on lioenme for the retail male of any intoxioaOing liquore in Alin oity,or to lease,000upy or use, direotly or indirectly, under pretext or otherwise:, building room, shed, aoortment, etruoture or place owned or controlled by any ouch person, corporation, or aosooia- tion engaged in the manufacture, or sale ot wholesalo of intoxiooting liquors, or any trustee of any suoh person or coroorotion, on or in which to oonduot the retail sale of any intonioating liquors in this!' city. At- Section EMPLOYMENT (P INORZ PRORIalTED. No holder of a linens° for the sale at retail of intooiooting liquors shall employ any person under the age of toonty one yeors to miry() ouch linuors to be drunk on the premises. /‘ SootiOn ID. No poreonopartnership or corporation shall employ o minor ander the age of twenty one year in handling intoxiooting liquors or paokages oentaining enoh lionois in a brewery or bottling establishment, in which euoh liquors are prepared for sole or offered for sale. Scotian OPENING AD JLcniwG OF S:,LOONS. It hell no unlaw- ful for any license retail dealer by himself, clerk or servant, to keep hie plaoe of.business open on the day of any genera/ or epeolal election, or on Sunday, or between the hours of 12 o-olook p.m. and 6 o-olook a.m., and it 001 be unlawful for any ouch licensee to sell, barter,give away or otherwise furnish intoxioating li-uors within the hours during whiih the plaoe of business of ouoh licensee io herein recnirod to be alosed. It shall be unlawful for any club,druoimt, or pharmaoist to eell, exohonre, barter, give away or otherwise furniob any intoxiooting liquors between the houro of 12 p.m. standord time, on any day and 6 O-olook A. rn. the following days provided, that druggistr and other phormoolote iar sell intoxicating liners between snob hours for medioinol purpooee only. Seetion SATOflPS MS; BE VAO;.TED AFTER HAR OF CLOING. EXC-rSTION. It shall be unlawful for any wi licensed retail dealer by Ilimeolf,e.gent or servant, to permit any one to rein in the waocn after the hour of *losing, oe providrd in the proceeding neotion, but at the time when each saloons should be olosed, he shall reqoiro all pornone to at once ton:tote the polio-loos and ref' that the doers ore otoursly °loped and locked: provied, win however, that tho dealer, hio agent or oervont may remain in the saloon for thirty minutes after the hour of closing. and that on Sunday the saloonkoerer or hie employee moy enter eAd saloon for the purpose of attonOino to fires and liohts, orol for no other purpooe. Of Section BOOTES,Xanollin OR kiaaTIONF; FRODIOITED. No licensed retail deiler by himoelf, .gent or servant, except olobe and phormnoiste, Shall sell or expose at for polo, barter, give away or other- wise furnish any intoxioating liquors, except in a single room, whioh root eholl contain no booths, ourtoine or partitions except such ma m-iy be neoersary for the sole purr ooe of ocroening said room from the publio gaze from the street or exterior; provided, that a corcen or portitioned motor oloset may be molntained in ouch single room; provided further, that nothing oontoined in this section shall prevent the eerving in oublio dining rooms of intoxioationg li000rs xXxmxxl* with meals. '11 O, I , During the time when plocos where intoolooting liouore ore sold sre reqoired by ordinance to he closed. Al blinds, screen and curt iny shell be withdrawn from leo d-ors end windows of ouch loop, n3 the interior do.rs, soreens, blinds ond curtains ?hell bo so ooened that on unobstructed view of the interior of such ploces say be h d from toe side- solk of or exterior of all euoh places. o Section SAL' OV9 eUST rleUee,D IN N oam1,r riAa. OoleerleG OR ENT:r.RT,INI-ZT FORBIeDeN. The lioensed prerises sh,11 be conducted in a quiet, orderly monner; there Shall be no ttabling or gyring with curds, dioeebills,rds or ony other device, nor any music, phonograph, or other form of omuserent or entertainment, or free lunch, nor lunoh for which money is poid, in the room where said ausinese is carried on; there shall be no nude,obsoehe or impure decorations, pictures, inscription, placards or any such thing in the ylooe; no fee lee shall be employed in the place; no woman, minor, drunkerd or intoxic ted person shell be allowed in the room; there shall be no choirs, benc es, or any other furniture in the room exoept behind the bar, nd only such behind the bar is is necessary for the ttend ,nte. e Section MUST NOT B. 00eNIOT I' lee elf Ale,I' eo U hYoR U11L,WFU1 OURPOT.S. It shall he unlawful for any de lor in intoxiotting liwoors by himeelf, agent, or oery nt, to porolt the soon wherein hr is licensed to sell liquor to he in onee wty connected wit ny room wherein, or connected with which any prositut on or lewd prectioes are indulged or permitted; or wherein Hny prositutes ore permieted to visit for any pur- sass; or wherein any vot en ero poeritted for my unl Wu] pureooe. Under thin rule any room into or from which there ore any meone of entrance or oonnoniootion with the place of .uoiness of such liaonnoe by door, o-eir, elevotor, dumbwaiter, srookIng uhes, electris opporetus, or other means of cue munlootion. shell be deemed connected with the place of business of the lisensee, whether such rooms [re under the control of ouch lioonsee or pot. t e Section Le OF LI uca 70 LhJ S,ETC. lea-U.)1'11D. No intoxicating lioor shall he sold to, procured for, or delivered to sn Indian, insane person, idiot, or to a minor, either for bin can use or the uro of any other person except for medicinal purposes n;on the prosoription of A physician. 7 o Section. MINOR F leeLY ReeteEeeeeIee Ge. Phi e'Y. Every person under the age of twenty one years who sh 11 for the purpose of obotining intoxicating liquors for any lioensee, or other person, falsely represents his age, shall be deemed guilty of a misdemeanor, and upon *Infix conviction thereof be fined for each offense not exceeding twenty five dollars, or be imprisoned not exceeding fifteen d oe on jail, or both, en the discretion of the court. Nothing in this section shall exoetuse Aly sale of intoximting lieuore to person wider tee ago of twenty one je, rs. Section. ADULTeR,TIeBS. Any retoil libuore dealer who eh 11 adulterate or mix with .any foreign subs,,noe any intoxioo ing lioaore or sh, 11 or sell ot otherwire dispo-e of any such liqwore, knowine or ho,ing reasonable canes to beleive toot the sots h a boen odulter, ted, Or who sholl mix together different kinds of lionere, ever for bar purposes or to be weld in bottles, ehuil -lace upon the cont/ iner where such lieuor is kept and upon the bets], wherein such li,nor is bottled and offered for sole a labia or stamp setting forth in plain ond legible type the true fort ula of such odulterotion or mixture. This section shall not be oone etrued as allowing the use for odulterotion of u intoxicating liquor- of any substanoee prohibited by oeetion 740 compiled lave of Utah, 1907. eve Section. IN 0hZ OF RIOT OR BIN EGOITieefie,S,L ONO Y BE OtOteD. The Moyor , oy, in close of riot or great public exoite,t.ent, order persons who hold licensee n t to sell, give or ty or deliver any intoxio tin liquor on the licensed pre ices for e period not exceseine three dtye st 'e ono time, and no person shall by hi relf, his ogent or servant, sell, give to ay or deliver any intoxio, tine ii oor in villotion of n order given undo tho provisione of this reotion. ~ t -7 Section. DELIVERY eND S .LE. The delivery of intoxicating liquors in or from a building, booth, stand or other place, exoept a private dwelling house, or in or from a private dewiling house if any pert there of or its dependencies is used as on inn, eating house or shop of any kind, or other place of ooraon resort such delivery in either case being to a person not a resident therein, shall be primefecie evidence that euoh delivery is a site. Seoti.on, U. S. Z17T 'n17:L :iF.VT'RIT` ereCIeT, TeX Seen' S ;r:VIP t.Ce:. The United States Internal Revenue special t=x et mp, or the certificate of,payment of the revenue special tax, for the menufeotkre or sale of any distilled spirits or malt or fermented liquors, shall, when poeted by a any person, oorporetion, firm, partnership or aseoaiation, J be prime feels evidence in the courts of this state of such manufacture or silo by the party named within the period covered by eaid special tax stamp or oertifioate of payment, and a copy of the aprlioo.tion of United Steeps Internal Revenue stamp es described above, when certified to by the United States Oolleator of Internal Revenue, shell be competent evi- dence of the facts therein set forth. 'r Section... FROtU CU leNe. In ell proeeoutione under this ordinance, by indletment, information, or otherwise, it shell be neoesa.ry to state the to me and place of sale but shall not be neces:'ary to state the ainf if liquor sold, or to deeotibe the place where sold, or to show knowledee of the principal, to convict for the acts of en agent or nerv;ant; j provided, that in daee the prinoipol ee it show that he had no knowledge of the unlawful act or mots of his eeent or serv. nt, such principal shall not be pnuniohed by imprisonment as provided in seotion 56 of :his ordinance, Deny clerk, servant, employee or eeent of ,any licensee engaged br aiding in any violation of any of the provisions of this ordinance, shall be aher©'ed end convicted as a prinoipal. •: Section. SALE McDE WEAL PE LIV'aRY .NI) Pelee NT WERE E;.,D. . That in ell oases where the puroha.eo price for intoxicating liquors is paid to the person who makes manual delivery of any much 'ignore to the vendee thereof, the eels shell he held to have been made in the place where delivery end payement seise made. e, Section. NUIsr;NCES. All ;loses where intoxio+sting li:,uore are manuf otured, Bold, bertered,given ow„y, or otherwise furnished in violation of this ordinance or where persons are pernitted to resort for the ,-urpose of drinking intoxicating liquors as as beverage in violation of ordinance or where intoxioetinie liquors ere kept for aerie, Riving aeey or otherwise furnishing in violation of this ordinance end ell intox:ioeting licuore, bottles, glasses, kegs, rumps, bars, end other property kept in nd used in maintaining such a. place ere hereby declared to be oonmon nuisances; end every person who meinteine o assists in maintaining such a common nuisance, ehaill be guilty of e riedeee nor e r eeotion. 3a .RCS AD SEIZUR-. If any oity ettorney or chief of police h e *robeble cause to believe that intoxic-.ting li uors ,ere m nufectured, sold, b,:rtered, given away or otherwise furnished in V violation of this ordinance or ere kept for the purpose of selling, bartering, Or giving away or otherwise furnishing in vialaation of this ordinance, it shall be the duty of milk City r torney or Ohief of .olloe ferthwith to make and file with ,nde written information sup; orted by his oath or affirmation, that he hea re son to believe, and does beleive, net intoxication liquor is being manufactured, sold,berter.ed, given :.:way, or otherwise furnished, or is boing kept for the purl-ore of selling,berter- ing, giving away, or otherwise furnishing, in violation of law, eaid judge or Astioe eho.11 upon finding probebli a3 ar,,e for ouch information, issue a search warrant, directed to any peace officer in. the cou*sty, describing as particularly as may be the liquor and the plat, described in said information are the person named or deeori sd in s :id information s the owner or keeper of said li nor, end cor.:nanding the said officer or search thoroughly said place, and to seise the seed liquor with the vessels containing it, end ell implo:,ente,furniture end fixtures used or kept for such illegal menafacturing, ee_ling,bsit. ring,giving away, or Iir • othorwiee furnishing of such li,uors,and to keep the a me eeourily until final aotion letehed thereon; where upon the eeid peraoe officer to whom Ouch werreCt-shall be delivered shall forthwith obey end execute as effectually as poeeible the ooem:ande of staid weerent and reeko return promptly of hie doings to said judge or justice, end shell neourely keep ell liquors pledged by him an the vessels oontolning theca until final action be h.•-d thereon, A copy of seed werr:.;nt shell be eeryed upon the person or person. found in,poese+sign of any ouoh intoxicating liquor, furniture or fixtures so seized, and if no person ne found' in thepoesoseio thereof a copy of said warrent shell be ,oeted on the door of the building or ruon wherein the same ere found. If ale/orlon to euoh building or mom is refused..,..the.:ofticer.<tireoted.to .serve_the warrent in here',ay :authorised eed required bf thie ordinance to force open the saraae. If the -1e.oe to be eeerohed :'be a dwelling house in which any family resides and in which ho tavern, eaink• house, 'frrboery or other piece of public report to kept, teeth warrant shall not he deemed unless such oompleene, shell, on'oeth or•affirmation declare before seed ju.ege or juetiee thet ho has reason tc'beleive"and does believe that witin ne eonth next be- fore the making of-said information intoxioeting liquors have been, in violation of the ordinance cold or otherwise fura-.1nbed in said h:uee,or le come place a appurtenert thereto, by the person accused in eeid informettan , or by his consent of permission. to warrant shell issue in eny ease, unless fror the feats dieelored by such information the aeld judge or justice .'hell find that there is probablt escape to boleive that the fra.ote as-:;ted in veld information ore true. The information on which said werraant in iccued r,ey be made upon information ne belief. Section ID. F e keneY ffee ice ee eeee. when ,ny liquors vesesa,s ,or other prnj«arty pben h ve been eie,sed by virtue of aeon warrant ' the vale oh 11 not be eisee rgnd' or re ernod to any person oleeming.•-`the same by re,son of any alleged insufficiently of die- oription of the warrant of liquor or place, nor by wri of o]aim and ' delivery or any 'proeeee :that the olei.r.;ant eheell only have the riebts to be heard on the merit of the case. Section. ID. RFTUNS. Ir. the event of a eiezure sY under maid warrant, the officer shall forthwith make ,. no urn of his acts thereunder, and within forty eight hours after the judge or justice who leveed the warrant .heel pause to be left eat the place where said liquor wee sleeted, and it said l>la.oe be a dwelling le.oe, store or shop, post in nomo oonspionoue place, on or •-bout er:id building. nd elpo to be left eith or at the last known and ueua:l ,Lice of residence of the peroon nuend or lesoribed in said informat ion es the owner or keepet of said leouor, if he be e resident of this State, e rotioe sure ening ouch person, and •all others who it may concern to erecter before said judge or juetive et e place nd time tiered in said notice, welch time a ell not be leer then five nor ,ore then fifteen dp.Ye .after the dossing end leaving of sail notions, d and ehow o,,aupe if any they have, why (laid li uor, teeet"e r eith the vonse- l.ee in which esa'rr'e""eta eenee'!"iced,:end other. eroperty, should net be forfeieed; end need notion shall with reesoneble oerteinty, describe -said'Ileuor, voecele end other property, end shell state where, when ne why the a me wore seized. At the tome rind place fixed in Said notice, the person mad in timid information, or any person cl.e1 ing :net interest in eeid liquor, veenlee and cthatr.property or any pert thereof, nay ,laver end show o use why the e , e should, not be forfeited, If -ny person shell no %weer, he eh 11 become a party defen:tent in naa.id ease, and teed .Budge or justice eh 11 m:ke a record thereof., Whether ony person shell epeeer or not, seed judge or justice shall et'the time fixed proosed to 110 trial of eeid eeee, end need complainants or either of ;hem eey, end upon their del:uli , ee oefioer hying mach 11 uor, vessels or other l rep:rty in eucstoey shell epeoer before 1c3 iud,+?e or justi 'e eed proeeoute et id information, _nd show cause why o 1e liquor, veEaeeie or other pr:perty should be adjedees forfeited. The lroceedl.nes in the tree?. of sauce a es eey be the sere eeeptentielly s in o see of eiseeneeanor triable befero such courts, ere if any person °heel appear and be msde ae par.'y defendant .e herein provided end Shall m.,k e written pion that eeid liquor, venrole or other property or any part thereof • is forieeeted. If no person be m de efenti nt in renrer eieres:.i. or of judgement be in fever of :.11 e Cend a•ts whe ape,r :end re med euoh, t'rten the oost of the prosecution 811 .11 be ,.,id es in ordin:nry oriininal rroejeoutinne where the prosecution fells. if judge:e:;ent shall be .t*• mnet only one pert the de:Pendent ,:g.A e ring as foren:'.id, he ehA1 be ed ludeed to pay ,.11 the ooete of the r.rooeedi.nee in the eei;.ure ere detention of the liquor e1e;..ined by him and trial up to the time of judgement. eut if s,.id judgement shall be eeeinet rare than one defendant ol.e twine distinct interests in veld li uor, then the oast: of sees prooeeJin s end trirl shell be a000r,dinp to the discretion of said judge or ;ustive, equitably et or.ti.oned among said defendants for the e aunt of ooetes so adjudged ae inet them. Any person averring rn,d becoming p,:rty defendant :se ..fore- s:id may ,appeal from said judgement of forfeiture, ee to the whole or !,lay px part of said liquor, vesoele or other property el iced by him end so adjudged forfeited. Section. T1l TRU©''IOP OF Slit hT T��OP h':e. Whenever. it shell be finally decided that the liguor,veeeels or other property eiezed s fore- a id to forfeited, the court rendering final judgement of forfeiture eh .11 ieeue to the officer e written order direatinh him forthwoth to destroy said 11 uore,veeseols or other property end immediately thereafter to melee return of said order to the court whence issued, with his doin;s indorsed , thereon. Whenever it shall he finally decided that ?day liquor so eiozed, reseele, or other property is not liable to forfeiture, no eonrte by whom such fine1 deoieion shell be rendered t+hnll issue a writ en order to the officer having the Ilene in oustody, or to Bone other peace office to restore eyid liquors vessels or other property to the plane where it was seized, ae nearly ees may he, or to the person entitled to re eive it, which order the officer shall obey, and nuke return thereon to the ceert of hie eats thereunder, end the coat of the proceeding in such oeee attending the re- stitution, as also the ooets attending the distraction of such legume, veesels -r other property in ()use of forfeiture, shall be texeed :end paid in the s .me manner es is provided in o:ca of ordinary orininel r:roeeoution vthere the prosecution feile. Sectionn. Ale 41 ;I","t_U'? 3 117. When violation of -:ny provision of this ordinance eh 11 occur in the preeenoe of any police officer, or other officer having power to serve oriminel proaese, it eh 11 be the duty of s*oh offloer, without were nt, to erres the offender :.nd oieee the intoxicating lieeers, vessels and other property no unlawfully used end to lake such offender, or offenders inreedietoly before the court or judge `, ving jurisdiction in the prerieee tne there ne e complaint { under With, charging the offeuse co ocr:Fitted, and :o wh 1.1 m ke return, setting forth a particular description of the intoriorting 11 Sore vessels . nd other property seized, ,,n6 of ':he place where the cane wee co ciezed, whereupon the court or jud;••e shell ieonue a werr;nt core t.ndi/e end dire ting the offiner to hold the property so seized in Mn ,oeseeeion until disab. reed by due prooeee of l w, end such rrepert; eh 11 be held in 71ke me-e'er es it the siezuve hid been m; de under e werr,nt therefor. Section. It shell be the duty of the Thief og oleos to t least four times a year to inepeot all the pre.ices where intoto:sting liquors ore cold for the <urpoae of esoer eining whether snob licensee is oomel.yintr with this ordins noe, end to retort the oondit ions of such prerises to the City Cc,tuicil on or rbout the 15th doe of Septe:'ber, end on or .:bout the lath d;-y of 1) nembor, nd on or about the loth day of 'tP roh, nd on or about the 15th d.,y .,f June. .leo whether ony oonpl:.int or con- viction h e boon rendered egeeinet any licensee during the proceeding three !conthe. Section. Any rooming houee,h•otel, or rerch.:nt holding a license to do business in this city violates this ordinates by selling li:,uor without a licence, end if convicted the second time shall be de- J alea.rod a nusieanee end ehelll not he preritted to oiler to ny rooning house, hotel or try other business thee requires e lioenee. 111 ICI � I II I I .......--.- . — .,- -10- Seotion. VIOL:nIen 3Y .ITY B .TUR L .1--enne on COLOR ':I0B. ZI:II,L7Yo Any nstur61 person who shall in iry way violnto -ry of the provision of this ordinance shall be guilty of a Awdemenor, and sh11 be poninhed,fienwhen not otherwise provided in this ordinnnoe by a fine of not lens than fifty dollars or more th n two hundred ninoty nine dollitrs, or by imprisonment in the oonnty jail for not leer th-n thirty dDys nor morn than sit nonths, or by both euoh fine pnd imprison cut. If nmy ittattral person shnll be oon- nictod eeoond time for violnting ,Ily of the provisions of his not, such person eholl be panished for nuoh second and snob subseolent violation by both ouch fines and imprisonment. If on corporation shall in any way viol to .my of the nroviniono of thielordinance it shnll be 'unity of a miedoweneor Jftil Shall be punished when pot otherwise provided in this N or/tint-ince by a. tine of not less than on6taidred dollars nor more then one 'housanddollors1 and if :,ny oosnon_tion. ein311 heaconvicted al:-.ssoont time for vielptirg ony of the provieionn of thin ordinnioe it shell )appanishK for -noh seoond nnd each subsequent violation of ttAla* by a f4ntioi no loos tInn three hundred dollnrs. nra not more thou fiy-e.thonennCd . lanz,,,( In oneo of a conviction of a. iitlonsodeelor, wheehbr,n nauturallornAll or" a oorporntion of violation of any of the proVisions,nf this drdunadoA,i.., the Judge or ftstietepin aeCition'to imnosing the penalily aforteMi144110.4 . ]so declare/ the license of snob. licenrefnienfeitel,...* . . . ,7 , .•••; 1.4 . %,, 21,C, jf ,5117 license shell be forfeijed, upon convlotion, uS gOtAea ik, -tills eeetion, 6) 1in:tense shell ho thereinto often'-.granted fos. th WaiSayL,;-, ./ intoxioa in g liquors to the person, holding onoh, license or tO A! in.rtnter- v chip in weigh he is or may heoome interoetedtdireotly or indirockay ndino 'Joanne hall be granted for the poriod-Of three months for the-oltslwAkV' 4. ,O.0-1ntoxicating littor in the place dosignoted az the-pl,se of &AC:in-We— e -, iliconne no revoked'. ,„.. Sentient. 1' YROVVien-: u .:iiI?, •,OT nen -,',TLIeBLE,?;HEN. The pro- inionr of ttie not "hal Al l not be construed to apply to y gift by :n,y a . - ereon in °nee of :an injury to ary one r in o se of emernonoy for medial- 1 ,:. al purroses, nor to the use of such lionors in the home of inJivianaln r family or privnte ase. LI.,kk i ,--- - --- - i . • , ! , • . . • . . '•,• • • , . • 1 '! . . , • , . .. . , H ' .., . . . . ' .•. •. ds 0 ,"M ' • 4v.vrel ;,,,„ , - . ke. ft;,Iiikirrto.'..tt,, , :.,,%.'-',,I'D '''.'- ';',,,1 4' b"'4(''Ve; '' ' ' " ..ti =,f. p.., 0 lgi. .. , , r- - . ,. t,.,,,), ,' 1,c: Nik r- 0 C., c/fr ......„.it - � ..ter, . j Vi t CSl., e " i r.',. 4 , f; I mo.^ - �� ., „§t t.; z.,- - 4f.• : _ t s`,.; ,m w. - 4` t l. 1 \ ti a "' n - wn,tit v,,,1,1 t 2 vv xv-v-- v 1 t I AP 16