2029 Intoxicating LiquorORDINANCE NO. 2029
laa i -7 v -%Tn i tin - Malmo
An ordinance relating to intoxicating liquors.
Be it ordained by the Mayor and Councilmen of the City of Salim:
Sect ion 1. -It shall be unlawful for any person within the
corporate limits of the city of Salina, Kansas, to keep or have in
his possession, for personal use or otherwise, any intoxicating
liquors, or permit another to have or keep or use int ox icat ing
liquors on any premises owned or controlled by him, or to give away
or furnish intoxicating liquors to another, except druggists or
registered pharmacists as hereinafter provided. Any person violat-
ing -the provisions of this section shall be deemed guilty of a
misdemeanor and on conviction thereof shall be fined not -less than
$100.00 nor more than $500.00, and imprisonment not less than thir-
ty (30) days ,nor more than six months.
Sec. 2. it shall be unlawful for any common carrier, firm or
corporation or any other person for hire, or without hire to bring
or carry into this City, or carry from one place to another within
this City, intoxicating liquors for another or for itself or for
himself, even when intended for personal use; and it shall be unlawful
for any common carrier, its agent or employee to deliver any intoxi-
cating liquors that may be in its possession to any person for any
purpose whatsoever. Any person violating any of the provisions of
this ordinance shall, on conviction, be adjudged guilty of a misde-
meanor and punished by a fine of not less than $100.00 nor more than
$500.00 any by imprisonment not less than thirty (30) days nor more
than six months, and if a corporait ion, by a fine of not less than
$100.00 nor more than $500.00
Sec 3! It shall be unlawful for any person in this City to
receive, directly or indirectly, Intoxicating liquor from a common
carrier or other carrier or -person, and it shall also be unlawful
for any person in this City to possess. intoxicating liquors received
directly or indirectly from a common carrier, other carrier or per-
son. This section shall apply to such liquors intended for personal
use as well as otherwise and to interstate as well as intrastate
carriage. Any person violating any of the provisions of this section
shall be deemed guilty of a misdemeanor and on conviction shall be
fined not less than $100.00 nor more than $500.00 and be imprisoned
not less than thirty days and not more than six months.
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Sec. 4. Nothing in this ordinance shall be construed to
prevent any regularly ordained minister or regular priest of any
church from refeiving or possessing wine for communion purposes or
to prohibit any common carrier from receiving such wine for ship-
ment and delivery -to such regularly ordained minister or priest
for such communion purposes; b;zt the person receiving such wine
for communion purposes, on receipt of the same, shall file with
the common carrier delivering such wine a statement setting out the
fact that the receiver of such wine is a regularly ordained cler-
gyman or priest, the church over which he is p4stor or priest, and
that said wine is received for communion purposes to be used in
the church over which he is pastor or priest, and said statment
shall be, by said-' common carrier filed with the county clerk of
in which the delivery is made within ten days after being made by.
the
person receiving
such wine. A
common carrier
delivering such
wine
without taking
such statement
and any person
making a false
statement, shall on conviction be adjudged guilty of a misdemeanor
and be punished by.a fine of not less than $100.00 nor more than
$500.00 and by imprisonment not less than thirty (30) days nor
more than six months.
See. 5. Nothing in thi's ordinance shall be construed as
prohibiting -any person, co -partnership or corporation engaged in
the wholesale drug business and having a stock, exclusive of alce
hol, of not less than $209000.00 from selling alcohol for medici tial'.
and scientific purposes to hospitals, schools and manufacturers
provided for in section six (6), and to pharmacists who are actually
and in good faith engaged in the retail drug business and nothing
herein provided shall prevent any such person, co -partnership or
corporation engaged in the wholesale drug business from receiving
alcohol in quantities for the putpose of selling the same to
registered pharmacists hereinbefore provided; and nothing herein
contained shall be construed as prohibiting a common carrier from
delivering to such person, corporation or co -partnership engaged in
the wholsale drug business or to such registered pharmacist's who
are actually and in good faith engaged in the reatail drug bust-
ness, the alcohol sold as above provided for.; Provided, that before
any such alochol shall be delivered to any such registered pharma-
cists, such registered pharmacist must make and file with the dom-
mon carrier a statement setting out that he is a registered pharma-
cist, and that he is receiving alcohol for the purposes herein men-
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t ioned and no other, which statement shall be filed with the county
clerk wherein the delivery is made within ten days from the date
of its filing with the common carrier; and provided, further,
that any common carrier who shall make delivery to any register-
ed pharmacist without the statement above required, or shall make
delivery to any registed pharmacist without the statement above
required or who shall make delivery to such pharmacist who shall
receive any alcohol except as herein provided, or who shall make
any false statement to said common carrier, and any person, co-
partnership or corporation ehgaged in the wholseale drug business
as herein provided, who shall receive or sell any alocohol except
as herein provided, shall on conviction be adjudged guilty of a
misdemeanor and be punished by a fine or not less than $500.00
and not more than $2,000.00, and by imprisonment not less than sixty
(60) days, nor more than one year.
Sec. 6. Nothing in this ordinance shall be construed as
prohibiting any regularly established hospital, that is engaged in
caring, for the sick or injured, or any school providing a mddical.,
scientific or mechanical course, or any person, company or corpora-
tion regularly engaged in amnufacturing, from buying, receiving and
possessing; such amounts of alcohol as are necessary for their respec-
tive needs for medicinal, mechanical and scientific purposes only;
and nothing herein contained shall be construed as prohibiting a
common carrier from delivering to the above mentioned hospital,
schools or manufacturers, or their authorized agent, the alcohol
as herein provided for; Provided, that before any such alcohol shall
be delivered to any such hospital, school or manufacturer, or
authorized agent, such hospital, school or manufacturer or author-
ized agent, shall make and file with the common carrier a statement
setting out the character of the institution and the fact that the
alcohol so received is for purposes herein mentioned and no other;
which statement must be filed with the County Clerk of the county
Where such delivery is made, within ten days from the date of its
filing with the common carrier. A common carrier delivering such
alcohol without tsking such.statement and any person making a false
statement, shall on conviction be adjudged guilty of a misdemeanor
and be punished by a fine of not less than $100.00 nor more than
$500.00 and imprisonment of not less than thirty (30) days nor more
than six months; Provided, further, any person, company or corpora-
tion permitted to receive alcohol for medicinal, mechanical or.
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scientific purposes as hereinbefore set forth, that shall sell,
give away or permit to be sold, given away or carried awapi; alcohol
secured for purposes herein mentioned, shall be guilty of a misde-
meanor and upon conviction thereof shall be fined in a sum of not
less than $100.00 nor more than $500.00 and such person, company
or corporation so convicted, shall, in addition to punishment above
described, forfeit the right, from the date of such conviction to
purchase, secure or have on hand any alcohol.
Sec. 7. If for any reason any part of this ordinance shall
be held void, such holding shall not invalidate any other portion
of this ordinance.
See. 8. This ordinance shall be considered as supplemental
to ordinances now in force relating to intoxicating liquors.
Sec. -9. This ordinance shall take effect and be in force from
and after its publication once in The Salina daily union.
Passed and approved, March 9th, 1917.
J. E. Putnam_
SEAL)
Mayor.
Attest:
.haa- F_ .Ranker,
City. Clerk.
STATE OF .KANSAS .
COUNTY OF .SALINE SS.
CITY. O_.F .BALD_. _.
I, Chas. E. Banker, City Clerk of the city of
Salina, Kansas, do hereby certify that the above and foregoing is
a true and correct copy of an ordinance passed by the Council and
approved by the mayor of the city of Salina, Kansas, March 9th,
1917 ; and a record of the vote on its final adoption is found on
Page /--I' 9zaof J ou rna I No. 8.
City Clerk.