5367 Possession & Transport of Liquor----- --- - ORDINANCE NUIMBIM 5367
(Published in the Salina Journal
MAA r�)� , 19 49
AN ORDINANCE relating to possession and transportation of liquor and limiting the use
or uses thereof and providing for the repeal of all ordinances in conflict therewith
in
and conflict with the provision of an Act entitled Substitute Senate Bill No. 9.
j WHEREAS, Substitute Senate Bill No. 9 has been duly enacted into law and published
and is
now effective; and,
SEAS, the taxing and licensing provisions of said bill will not become effective
until the Governor
of the State of Kansas Issues a proclamation as in said Act made
and provided; and
WMEZEAS, it is deemed necessary, pending issuance of said proclamation, for certain
acts relating to liquor to be
prohibited; and,
SO, NOW, THEREFORE,
BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas;
Section 1. That until such time as the governor shall issue a proclamation
declaring that the tax and licensing provision of said act are in full operation
and being administered by the director thereof it shall be unlawful for any
person
to transport within the City of Salina more than one case (three wine gallons) of
alcoholic liquor at any one time for any use or purpose whatsoever; PROVIDED, that
h.othing in this section shall be construed as making it unlawful for any person
Incensed under said act as common carrier to transport, prior to the issuance of
such proclamation, more than one case, (three wine gallons) of alcoholic liquor
any one time for any purpose if such alcoholic liquor is transported in full
compliance with all the applicable provisions of said act and consigned to
a per-
son authori;ed to receive the same uhder the provisions of the other sections of
said act. Any persons violating the provisions of this section will be deemed
i
guilty of an offense, and upon conviction shall be punished by a fine of not less
than one hundred dollars ($1.00.00) or more than five hundred dollars ($500.00)
and by imprisonment in the city jail for not more than one year.
Section 2. It shall be unlawful for any person to transport in any vehicle
upon a public highway, street or alley within the City of Salina,, any alcoholic
liquor except in the original package or container which shall not have been
opened and the seal upon which shall not have been broken and from which the original
cap or cork shall not have been removed, unless the opened package or container be
in the locked rear trunk or rear compartment, or any locked outside compartment which
is not accessible to the dirver or any other person in said vehicle while it
is in
motion. Any person violating this section shall be deemed guilty of an offense,,
and upon conviction shall be punished by a fine of not more than4 two hundred dollars
($200.00) or by imprisonment in the city jail for not more than six months or by
both such fine and imprisonment.
Section 3. It shall be unlawful for any person to sell, barter, exchange
or
give away within the City of Salina any alcoholic liquor containing more than
3.2. alcohol by wieght until such time as the governor shall issue his proclamation
aforesaid, as provided by said act. Any person violating the provisions of this
section shall for a first offense be fined not more than five huff red dollars
i
0,900.00) and for a second and subsequent offense shall be fined not more than
and thousand dollars
. (1,000.00) or be imprisoned for not more than six months
or be both so fined and imprisoned.
Section 4. In any complaint, oral or written, against anyone or more
i
individuals charging the violation of any provision of this ordinance it
shall not be necessary to negative exceptions contained in this ordinance.
Section 5. That Section 1 of Ordinance No. 1418, Ordinance No, 2029,
Ordinance No, 3074, and Ordinance No. 2371 and all oth er ordinances of the
City of Salina inconsistent or in conflict with the act, aforesaid, or this ordinance
be and each of them are hereby repealed.
Section 6. This ordinance shall be in full force and effect from and
after its qtdoption and publication once in the official city paper.
Introduced: March aj 1949
Passed: March 28, 1949
i
i
yonot
Attest:
City Clerk