Loading...
1418 Penalties - Intoxicating Liquors(Published in the Salina, �.� , 1908.) ORDINANCE NO. /41/x'' .An ordinance relating to intoxicating liquors and prescribing penalties for .violation thereof. Be it ordained by -the Mayor and Councilmen of the,City.of Salina; -- Section 1. It s]a.l . ye `,a uk'oxt.,an pereo to sell or barter any spirituous, malt, ## ,. ; nt r,,o�her intoxicating licj�iors, in the city of Salina unles son s.'ve a druggist's permit therefor from the protate judge of ELL Kansas. Sec. 2. It .shall be unlawful for an ugglat- having a permit fs om the probate judge Sdi.i county;,&sas; to se&l intoxicating - liquors otherwise than lf.,in person, or by a clerk who is a reg- isfered pharmacist, or as Var-i.st under the laws of the State of Kansas; or to sell the sam� ' ,r;{oth r ; medical, mechanical and scientific urp oses; or to sell such_pur oses otherwise than upon a fidavit as prescribed by` the tate of Kansas; or to sell the same: any other place ` desiEqiated in his per- mit; or to allow any intoxicating liquors s hien to be drank on the premises or in Any.apartment connected the ewith'or under his control. Sec. 3.. x.11 liquors mentioned in Section 1 of this ordinance, and all other ligyors or mixtures thereof, by whatever name they may be called, that will.produce'intocicationf shall be held to be intoxicating liquors within the meaning of this ordinance. Sec. 4. Me giving; away of intoxicating liquor or any shift or devise to evade the provisions of this ordinance, shall be deemed an unlawful selling within the meaning of this ordinance.. Sec. 5.. It shall be unlawful for anyerson to keep or aintain, or to aid, assist or abet in keeping or maintaining, in thims city,,a place where intoxicating liquors are sold, bartered or given away in violation of the provisions of this ordinance, or where persons are per- mitted to. resort for the purpose of drxnkir intoxicating liquors as a beverage,or where intoxicating liquors are -kept for sale, barter or i delivery n violation of .this ordinance, Sec. 6. It•shall be unlawful for any person, directly or indi- rectly to keep or maintain by himself or associatingor combining with others, or in any manner to aid assis or abet ikeepi, or maintaining any club room or other place, in this city in whi& intoxi- cating liquors are kept for the purpose . of use, gift barter or sale as a beverage, or for distribution, or division among tie members of any club or association by any means whatsoever; and any place so kept and maintained shall*be deemed to.be a common nuisance. Sec. ?, All places where intoxicating liquors are sold, bartered or given away in violation of the provisions of this ordinance, or where persons are permitted to resort for the purpose of drinking intox- icateng liquors as a beverage, or.where intoxicating liquors are kept for sale barter or delivery in violation of this ordinance,and all.. intoxicating liquors, bottles, glasses, kegs pumps, bars and other rote erty kept in and used in maintaining succi places, are hereby declared to common nuisances, and shall be abated as such as hereinafter provided. Sec. 8. Upon the filing in the police court of a complaint under i oath, charging -that a place is kept or maintained as a common nuisance by any person or persons, and that intoxxcating.liquors,.kegs, pumps, bars or other property are kept''or used therein in keeping or maazn- ing such place as'a common nuisance a warrant shall be issued, command- ing the officer to whom it is directed to arrest the person or persons charged or deacrbed as the keeper or keepers thereof and to search the place -described, -in such complaint, and seize and take into 'his custody all intoxicating liquors, bottles, pu=, glasses, kegs, bars and other property described'in said complaint which he may find in such a place and safely keep the same subject to the order of the court. The com- pplaint shall. describe the place. to be searched with sufficient particu�- larity to identify,.the same; and shall describe the intoxicating Ii cors or other propert alleged to be used in maintaining the same. as partic- ularly.as practicable; but any description however general, that Will enable the officer executing the warrant to identify thepgrop- erty to be seized shall be deemed sufficient. Upon the return of the warrant the court shall proceed as in other cases against the person or .persons arrested. Sec. 9. 'Whenever any intoxicating liquors or other property shall be seized under such a warrant whether an arrest has been made or not the p6lifiejudge shallissue a.'notice within forty-eight hours after tie return of .te warrant, directed to the defendant or defendants in such action, and to all persons claimin any interest in the intoxicating liquors or.other'pro erty fixing the time and place at which all per- sons claiming any interest therein may appear and answer the complaint made against such intoxicatingliquors or other property and show cause, if anyy they have, why the same. should not be adjuc ed forfeited and ordered destroyed. The notice shall be served upon the defendant or defendants in the action by delivering a coppy thereof to each defendant, or by leaving a -copy thereof at his usual place of residence, if they be founts within the jurisdiction of the court, and a copy thereof shall also be posted in a conspicuous position on the place where such property is seized. If at the time for filing answer said notice has no been duly served or other sufficient cause appear,,the time for answering may be by the court extended, and such other notice issued as will supply any. defect in the previous notice, and give reasonable time and o por- tunity for all persons interested toappear and answer. At or before the time fixed by notice, any person claiming an interest in the.intoxicat- irg liquors or other property seized may file his answer in writing, setting up his claim thereto, and shall thereupon be admitted as.a party defendant to the proceedings against such liquors or other property.The complaint and any answer or answers that may filed shall be the only p16adings.reQc�wired and at the time fixed for answer, or at any other time then to� e fixed by the court, atrial shall be had in a summary manner before the court of the allegations :of, omp aint against the liquors or other ppro erty seized and whether of, answer shall -.be filed or not, it shall belie duty of the city attorney to appear and adduce evidence in support of such allegations Sec. 14. If the court shall.find that .said intoxicating liquors or other property, or any part thereof',"were, at the time the complaint was filed, being used in maintaining a common nuisance, he shall ad 'u e forfeited -so much thereof as he shall find was being so used; and s a order the officer in whose custody it is to publicly destroy the same' so much of said intoxicating liquors and other proprty as the court sAall find not to have been used in maintaining a common nuisance he shall order returned by the. officer in whose custodLlitiveir%dt'oo the place, as nearly as may Vie, from which it was taken, or the person establishing his claim to the same. If the court shall find -that any, of the liquors or other property was at the time the complaint was filed being used in maintaining.a common nuisance, and shall also find that it was being used by any person served with notice provided for in the previous section of this ordinance, or.by any person filing an answer,... .as in said section provided or that it,was then owned by any such.per- son,.and by him knowingly allowed to be used,' the court shall render judgment against such person for costs of the proceedings a not the intoxicating liquors or other property, so used or owned by Frim. -If the. court shall not find that any of such intoxicating liquors or property seized was at the time the complaint was filed being used in maintain- ing a common nuisance, or shall not find that any of it was being so used or so owned -and allowed to. be used by any person or persons served with the notice aforesaid, or voluntar*1y by, a par as aforesaid, the costs of the proceedings against.such property shall.be paid as in other .prosecutions for violations of city ordinances: Either the city or any defendant or other person claiming the property.seized may appeal from the judgment of the court in any special proceedings agains propp-. erty seized, .Any claimant of ouch pp_ro erty who appeals must within,.ten. days, enter into an undertaking, with two or more sureties to the-c�.ty. of Salina, to be approved by the police jddgp � in a sum not less than one hundreddollars, nor less than.d©uble tfe costs a.d'u ed against him,*conditioned that he will prosecute his appeal wit o unnecessary delay and that if judgment be rendered agains% him -on appeal he will satisfy the jud ent and costs. No.bond shall be required for an appeal by the city, and such appeal shall stay the execution of the judgment. Sec. 11.,. Any'pperson who knowingl permits -any building or tene, went owned or leaseiiby him, or under is cont rol;_or any.part thereof, to be used in maintaininga common ' nuisance, onp of ter, -being notified in writing of such use omits to take all reasonable measures to eject therefrm the person so using the same, shall be deemed guilty of assisting in maintaining sucH nuisance. Seca 12. Any personviolating, any of the provisions of this or- dinance shall upon conviction be punished b; 'a, fine of not less than one hundred dollars, nor more than five hundred dollars, and by' impris- onment for not less than thirty days nor more than.six months for such offense, and payment of the costs and shall be committed to prison until such fine and costs are paid. Sec, 13. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Sectim 14, This ordinance shall take effect and be in force from and after its publication once in the official city paper. -Passed and approved Q_ 1908. Att, W WL tWFFY