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HomeMy WebLinkAboutOrdinance 371 = ORDINANCE N0 . 371 AN ORDINANCE TO PROHIBIT TII^ SIiIPMEIIT OF' INTO::'ICATING LIQUOTM INTO M CITY OF' PlYETf3VILL" AM) TO PICT UT'!T SHI'''.."i'?T OE TH": SA!.'^ kW!a OTT; POI'•TT OR LOCALITY IN T: :': STAT.'. OF ARKA'ISAS TO AI!Y OTH'; a POI"TT OR POSM?SSIIN OF •^•AID L.l��JJORS ; FORBIDDING THS SOLICITATION OR TA.KI"G OF OPMRS FOR ^AID LIQUORS ; PROHIBITING Til'{ STORAGE OF LIQUORS IN LOCKERS , OR 0THM PLACES IN ANY FMIAL CLUB OR FRAT311IIAL OR^ANI'LATION FOR U57 TH^RrITT, OR CARRYING LIQUOR TIMMO OR KEsPIIIG TIE !'Advo iNUR?ITt; PROHIDITING TH13 K3^•.PING OR LfAI?'TAI?'INC OF U?!LAC :- PUL DRITIKI!'!0 PLA �F.S , ViHICH DRINKING ?LACES A "S MADE T1UI91:TTC^S 0D FOP. OTIIFR PUA ?OS US BF It ORDAIMM BY TH ; CITY 001MCIT, OF FAYRTTEVILLF. , ARKP.TTSPS : See. 1. That it shall be unlawful for any railroad company, :express company, or other common carrier, or any officer, agent, or employee of any of them, or any other person to ship or transport into, or deliver in the City of Fayette- ville , Ark. in any manner or by any means whatsoever, any alcoholic liquors, vinous, malt, spirituous or fermented liquors or any compound or preparation thereof commonly called tonic , bitters, or medicated liquors from any other State , Territory, or district of the United States, or from any foreign country, to any person, firm, or corporation within the City of Fayetteville , when the said liquors or any of them are intended by any person interested therein, to be received, possessed or sold, or in any manner used except as hereinafter pro- vided. Sec . 2 . That is shall be unlawful for any person, firm, or corporation to accept from corporations, companies, or any persons mentioned in Section 1 of this Ordinance any delivery of the liquors mentioned in Sec . 1 . of this ordinance or any of them when transported into or delivered in tincts City in any manner or by any mean: whatsoever. Sec . 3 . That it shall ue unlr.wful for any bank incorporation under the laws of tris State, rational bank, or private banker or any individual, fir:.•., or association to present, collect, or in any fray handle any drafts , bills of exchange , or order to pay money, to which a receipt for ^ ny spirituous , malted, fermented, or other intoxicating liquors of any dd nd,or which draft, or other instruments named is enclosed with, connected with or in any way related to, directly or indirectly, any bill of lading, order or receipt for the said liquors in this section mentioned , or any of them . Sec . 4. It is hereb - made unlawful to deliver any of said liquors to or for the account of any firm, pa rtnership, corporation, or association of persons, to raceive or possess any of said liquors in the City of Fayetteville . Sec. 2. That it shall be unlawful for any person, firm, or corporation to store, keelit.:, possess, or have in possession or permit another to store , keep, possess , or have in possession, any of the liquors and beverages mentioned in Sec . 1 of this Ordinance in or at any fruit stand, restaurant, store , drugstore , (except alc6hol in a drugstore as permitted by law, or rine for sacramental purposes as :may be permitted by law ) , or in any club or club room of any social or fraternal organization or any other organization or association of persons , or in any l.'.very stable , public garage , public park, hotel , rooming house , dining room, wagon yard, or in any public building, or in or at any room or place where a boaling, :J ley is maintained or operated for ,:, ain; but this shall not prevent any officor, from storing or having; such liquors in a public buildinC for safe keeping ':hen seized in the enforcement of the law or when stored or possessed for use as evidence or otherroise in his official capacity. And it s : all also be unlawf,'.0 for any person., firm , or corporation engaged in business of selling MIGROFIL,NED DATE OCT a REEL �3� — 197e : OitUITrAPiCE 371 , Jon It.. or doaling in soft drinks or nonprohibited beverages, to keep, possess , or store on the premiss any of the liquors mentioned in Seco 1 of this Ordinance or any other liquors , beverages or drinks or bitters prohibited by law. Sec. 6. That no property rights of any kind shall exist in the liquors mentioned in Sec . 1 of this Ordinance or in any other liquors , liquids , bitters, or drinks prohibited by the laws of the State of Arkansas to be manufactured, sold, bartered, or otherwise disposed of in said State or in any vessels , fixtures , furniture , implements, or vehicles , when the said liquors or other property mentioned are kept stored or used for the purpose of violating the law, nor in any such liquor, bitters, end drinks when received, possessed, kept, or stored at any forbidden place ; and in all cases the liquors, bitters , and drinks aforesaid and said property herein named .are forfeited to the City of Fayetteville and may be seized or s.�arched for and seized under the laws of the State of Arkansas and ordered to be destroyed in the manner and under the rules prescribed by law respecting contraband liquors or by order of court after conviction, when such liquors or property as described hereinbefore have been seized for use as evidence . Sec . 7 . The.t it shall be unlawful for any person, firm, corporation, or association to receive for storage , distribution, or on consignment, for another the liquors mentioned in Sec . 1 of this Ordinance, or any of them or any tother liquors , bitters, or drinks prohibited by lar, to be sold, bartered, or otherwise disposed ofd Sec . 8 . That it shall be unlawful for any person, firm, corporation, or association whether common carrier or not, to accept from another for shipment or transportation or delivery or to ship, transport, or deliver for another any of the 'liquors , bitters , and drinks referred to in Sec . 1 of this Ordinance , or any of them, when received at any point, place or locality in the City of Fayetteville , to be shipped or transported to, or delivered to another person, firm, corporation, or association, or ' 4 any other point, place , or locality rd thin said City of Fayetteville, or to convey or transport over or along; any public street or highway any of said liquors , bittQrs , or drinks for another. Sec . 9 . That it shall be unlawful for any person, firm, or oorporation to cause or induce any railroad company, express company, or other carrier, or any agent or employee thereof, or any other person to carry, transport, or ship to any point within the City of Fayetteville , for himself or other person, any packeg-e , trunk, or Valise containing any of the liquors , bitters , or drinks pro- hibited by lart to be sold, bartered, or otherwise dispos&d of, by failing to notify the carrier, its agents , or servant, or other person who carries the same , of the true nature and character of the shipment, or without marking on the outside of the package containing the liquors , where it can plainly be seen and read, words indicating- , the contents of the package , the charac ..er and quantity of the li.:uor. This provision shall not modify any other provision of this Ordinance , but stall be sup-)lecmental to the other sections . Sec . 10. That no liquors of the kind mentidned in Sec . 1 of this Ordinance nor .any other intoxicating liquors , nor any li :juors , bitters , or drinks prohibited by law to be sold, bartered, or otharviise disposed of, shall be kept in any social club, or fraternal or{ anization for use ther : in. Sec . 11 . That it shall be unla7itful for any person, firm, cor;oration, or association directly or indirectly, to keep or maintain, or in any manner to aid or abet in keeping or maintaining; any o1 the following; places which are hereby declared to be unlawful drinking places : C8OVIArtC1 371, Con ; r,--3 1. Array place or resort where any of the liquors , bitters , and drinks mentioned in this Ordinance are kept to be drunk upon or about the promises by persons resorting thereto for that purpose ; or ( 2 ) any club vroom or other place tiihere are received or kept for the purpose of barter or sale, or use , or gift as a beverage or for distribution or division among, or furnished to , or used by, members of :any club or association of persons by any means uhatever, the said liquors , bitters , and drinks ; ( 3 ) any club room or room of any association of persons in imhich said liquors , bitters , and drinks , or any of them, are kept or stored for the purpose of bDinE; drunk or consumed by the members of arty. such club or other. association, or persons, or their guests , or others on the premises, or at or near the plane where the same , or any of them are kept or stored ; ( 4 ) any place adjacent to or near the premises of any club , corporation, or association, or other combination of persons to ' which members or their guests , or others , by permission of the members , resort for the pur-)ose of drinking the said liquors , bitters , and drinks or any of these that are kept in or near such places . Any of the places herein designated, if kept or maintained.' shall be and constitute an unlawful drinking place , and the act of keepinC or maintaining any room or )l:ce shall be deemed a separate offense for each day that it continues . Any place or room kept or maintained in violation of the provisions of this section shall be deemed to be a common nuisance , Sec . 12. That in all prosecutions under this Ordinance for the unlawful shipment of 11quors mentioned in Sec . 1 of this Ordinance, or of any other liquors , bitters , -or drinks prohibited by law to be sold, :; artered, or other- Sd wise disposed of, the offense shall be held to have been committed whether said liquors , bitters , and drinks are shipped or transported into the City of Fayetteville from outside of the State of Arkansas, or to be shipped or transported from some point within the State of Arkansas , to any point within said City of reyetteville . Sec . 13. That in an affidavit for a warrant of arrest for any violations of this Ordinance it shall not be necessary to negative the exceptions herein contained or that the liquors, bitter% and drinks were ordered, shipped, trans- ported, or delivered for any of the liquors , bitters , anddrinks were ordered, shipped, transported, or delivered for any of the purposes sbt out in the succeeding section hereof, but suet: exceptions may be relied upon as a defense, and the burden of establishing the same shall be upon the person Maiming the benefits thereof. Sec . 14. That nothing in Vil.s Ordinance shall make it unlawful (1 ) For any priest or minister of any religious denomination or sect to order and have shipc: d and delivered wine for sacramental purposes ; nor for any common carrier, corporation, or person to ship, trans,)ort, carry, or deliver wine for szid pur- poses to any priest or minister of any , religious denomination or sect. (2 ) For any person, firm, or institution to have ship_oed and have delivered alcohol for strictly medicinal or mechanical purposes ; but records shall be kept by the carrier or delivering party of all such mines for sacramental purposes , and all such alcohol, and statement thereof shall be filed :+ith the City Clerk, within ten days after such delivery. Sec . 15. That any person, firm, or corporation violating any of the pro.... visions of this Ordinance, except as otherwise expressly provided herein, shall upon conviction be fined not less than One Hundred Dollars and not more than One Thousand Dollars , for each offense , and may be imprisoned not less than thirty days nor more than ninety days . Sec . 16 . That all Ordinances and parts of Ordinances heretofore passed <:re hereby repealed and modified only when the "date are in conflict with the provisions of this Ordinance , June 18, 1/l / .