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Sec. 3. It shall be unlawful for any person in this city to manufacture, transport
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<br />sell, keep, or store for sale, offer, advertise, or expose for. sale, give away or
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<br />dispense, or solicit in any way, or receive orders for or aid in procuring ardent
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<br />spirits as hereinafter provided.
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<br />Sec. 4. It shall be unlawful for any person to attempt to do any of the things
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<br />prohibited by this ordinance or to assist another in doing, or attempting to do any
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<br />of the things prohibited by this ordinance, and on a warrant for the violation of
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<br />any provisions of this ordinance, the accused may be found guilty of an attempt, or
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<br />of being an aceessory, and the punishment shall be the same as if the accused were
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<br />solely guilty of such violation.
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<br />Sec. 5. Any person who shall violate any of the provisions of sections 3 and 4, of
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<br />this ordinance, and any persons except a common carrier, who shall actas the agent
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<br />or employee of such manufacturer or such seller, or person in so keeping, storing,
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<br />offering or exposing for sale such ardent spirits, or act as the agent or employee of
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<br />the purchaser in purchasing such ardent spirits, except as herein provided, shall be
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<br />deemed guilty of a misdemeanor.
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<br />See. 6. Any Person who shall violate any of the provisions of tris ordinance shall,
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<br />upon conviction thereof, be fined not less than $50,00 nor more than $500.00, and be
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<br />confined in jail not less tran one nor more than six months. Where, upon the trial
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<br />of any charge of a violation of this ordinance, it shall appear to the court trying
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<br />the case that there has been no intentional violation of any provision thereof, but
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<br />an unintentional or inadvertent violation thereof, then such court shall impose a
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<br />jail sentence when there is no jury, and wren there is a jury the court shall
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<br />instruct the jury that they cannot impose a jail sentence.
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<br />Sec. 7. Nothing in this ordinance shall be construed to prevent any person from
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<br />manufacturing, transporting, storing or using ardent spirits,
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<br />medicines containing alcohol, toilet, medicinal and antiseptic preparations and
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<br />solutions, flavoring extracts, and patent or proprietary medicines or preparations,
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<br />where such is permitted under the provisions of Chapter 338 of the Acts of 1918, and
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<br />amendments thereto, or under the Act of Congress known as the "Volstead Act".
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<br />Sec. 8. It shall be unlawful for ardent spirits to be received, delivered to, kept,
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<br />sold, distributed, given away, _ in or at any club house, fraternity house,
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<br />lodge or meeting place, whether such meeting place is a house, room, car or any
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<br />place in any building, or in tie open air, or in any place, whether of like kind or
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<br />not, except in a bona fide "home" as Imereinafter provided.
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<br />Every person who shall directly or indirectly, or by association with others, keep
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<br />or maintain or in any manner, assist or abet in keeping or maintaining such club
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<br />house, fraternity house, lodge, or meeting place of any corporation, association,
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<br />or combination,. or any place in which ardent spirits and received or kept
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<br />purpose of use, gift, barter or sale, or for distribtion or individual , use by
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<br />means of oekers or otherwise, or for division among the members of any club,fratenity
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<br />house, lodge, corporation, association or combination by any means whatsoever,
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<br />every person who shall use, barter, sell, store or rive away, dispense or assist or
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<br />abet in bartering, selling, storing, or giving away in individual lockers or otherwise,
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<br />any ardent spirits so so received or kept, scall be deemed guilty of a misdemeanors
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<br />an in all cases the members, shareholders or guests in any club, fraternity, lodge
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<br />association corporation or combination mentioned in this section, shall be competent
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<br />witnesses to prove any violation of the provisions of this section of this ordinance,
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<br />or of any fact tending thereto.
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<br />Sec. 9. It shall be unlawful to deliver to, receive in, keep, stores dispense, sell
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<br />offer for sale give away or use, or have in possession ardent spirits in any place
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<br />_ provided in this ordiance.
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<br />It shall be unlawful to deliver to, receive in, keep store,
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<br />spirits in a place reputed to be a house of prostitution, whether said a
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<br />bona fide home or not.
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<br />Sec. 10. The keeping, storing, or giving away of ardent spirits, or any shift of
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<br />device whatever, to evade the provisions of this ordinance, shall be deemed unlawful
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<br />within the provisions of this ordinance, and shall be punished as unlawful selling
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<br />is punished.
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<br />Sec. 11 It shall be unlawful (1) to advertise upon any street car, railroard car,
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<br />or other vehicle of transportation, or any public place or resort, or upon any sign
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<br />of billboard, or any circular, poster, price list, newspaper, periodical, or otherwise
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<br />within this city, ardent spirits, or toadvertise the manufacture, sale keep
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<br />sale or furnishing of the same, or tie person from whom, or the firm or corporation
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<br />fromwhich, or the place where, or the price at which, or the method by which the same
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<br />or any of them may be obtained in any way whatever, provided that druggist licensed
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<br />under the provisions of Chapter 388 of the Acts of the Assembly of 1918, fitted
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<br />thereto, shall be permitted to send price lists to those to wiom they are primitted
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<br />to sell ardent spirits under this ordinance; and (2) To circulate or publish any
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<br />written or printed matter, in which any advertisement in this section specified shall
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<br />appear, or to permit any sign orbillboard, containing such advertisement to remain
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<br />upon onus premises; or to circulate any price list, order blank or other matter where
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<br />the purpose of inducing or securing orders for such ardent spirits no matter where
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<br />located. Any sergeant, constable or police officer is authorised to remove any such
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<br />advertisement from any sign billboard, or other public place when it comes to his
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<br />notice, and shall do so upon demand of any citizen. Any advertisement or notice
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<br />containing the picture of a brewery, distillery, bottle, kegs barrel, or box or other
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<br />receptacle represented as containing ardent spirits, or designed to serve as an
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<br />advertisement thereof, shall be within the inhibition of this section. Nothing in
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<br />this ordinance shall be construed as prohibiting, any person from giving mail or
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<br />any compensation therefor any paper or magazine which he has received by mail, or
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<br />which he had brought in the Ciry in person. provided that such gift shall not be
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<br />a subterfuge or device, or a violation of the provisions of this ordiance, forbidding,
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<br />the circulation of newspapers, periodicals, or other written or printed matter con-
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<br />taining any advertisement of ardent spirits.
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