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272
<br />Sec. s. It shall be unlawful for any person in tris city to manufacture, trsnsnort
<br />sell, keep, or store for sale, offer, advertise, or expose for. sale, Rive away or
<br />dispense, or solicit in any way, or receive orders for or aid in procuring ardent
<br />spirits as hereinafter provided;;
<br />Sec. 4. It shall be unlawful for r any person to attempt to do any of the things
<br />prohibited by this ordinance or to assist anotheonina �arrantoforttheTviolati dot any
<br />of the things prohibited by this ordinance, and on of
<br />any provisions of this ordinance, the accused may be found guilty of an attempt, or
<br />of being an ace essory, and the punishment shall be the same as ifths accused were
<br />solely guilty of such violation.
<br />Sec. 5, Any Terson who shall violate any of the ?provisions of sections 3 ane 4, or
<br />this ordinance, and any ;persons except a common carrier, person so
<br />s li act as the anent
<br />or employee of such manufacturer or such seller, or pe.rs Pinp,, storing,
<br />offering or expos inp for sale sucl+ ardent spirits, or act as the agent or employee of
<br />the purchaser in purchasing suer ardent spirits, except as herein provided, shall be
<br />deemed guilty of a misdemeanor.
<br />See. 6. Any Person who shall violate any of the provisions of tris ordinance shall,
<br />upon conviction thereof, be fined not less than $50,00 nor more than $500.00, and be
<br />confined in jail not less tran one nor more than six months. Where, upon the trial
<br />of any charge of a violation of this ordinance, it ahll appear to the court trying
<br />the case that there has been no intentional violation of any provision thereof, but
<br />an unintentional or inadvertent violation thereof, then such court shall not imPoee a
<br />jail sentence when t1+ere is no jury, and wren there is a jury the court shall
<br />instruct the jury that they cannot im, ose a jail sentence.
<br />Sec. 7. Nothing in this ordinance shall be construed to prevent any person from
<br />selling, kee!)ing
<br />manufacturing, transporting, , storing or using ardent spirits,
<br />medicines containing alcohol, toilet, medicinal and antiseptic preparations and
<br />solutions, flavoring extracts, and patent or proprietary medicines or preparations,
<br />where such is permitted under the provisions of Cha''
<br />ha ter 388 of the Acts of 1918, and
<br />amendments thereto, or under the Act of Congress known as the "Voletead Act".
<br />Sec. 8. It shall be unlawful for ardent spirits to be received, delivered to, kept,
<br />sold, distributed, given away, orubed in or at any club house, fraternity house,
<br />lodge or meeting place, whether such meeting place is a house, room, car or any
<br />place in any building, or in tie open air, or in any place, whether of like kind or
<br />not, except in a bona fide "home" as Imereinafter provided.
<br />Every person who shall directly or indirectly, or by association wit- oViers, keep
<br />or maintain or in any ma•iner aid, assist or abet in kee inR or maintaining such club
<br />house, fraternity house, lodge, or meeting place of any corporation, aesoeiation,
<br />or combination,. or any place in which ardent spirits and received or kept
<br />forby w
<br />purpose of use, gift, barter or sale, or for distrib tion or individual , Y
<br />means of �oekers or otherwise, or for division among the members of any club,frater►itY
<br />house, lodge, corporation, association or combination by any means whatsoever,
<br />every person who shall use, barter, sell, store or rive away, dispense or assist or
<br />abet in bartering, selling, storing, or Riving away in individual lockers or Werwiee,
<br />any ardent e-�irits so received or kept, scall be deemed guilty of a misdemeanors
<br />s in any club, fraternity, lodFel
<br />an in all cases the members, shareholders or guest
<br />association corporation or combination mentioned in this section, shall be competent
<br />witnesses to prove any violation of the provisions of this section of this ordina110e1
<br />or of any fact tending thereto.
<br />Sec. 9. It shall be unlawful to deliver to, receive ins keel) , stores dispense, 1811 i 111
<br />,
<br />or
<br />offer for sale give away or use, or have in possession ardent Bl m
<br />irits y
<br />#soup rdab:jptevidad in this ordinance. pt store,
<br />It shall be unlawful to deliver to, rece1veaeseioneardent
<br />dispense, sell, or offer for sale, Rive away or use, or have in po
<br />souse be
<br />spirits in a place reputed to be a house of prostitution, whwther said a
<br />bona fide home or not.
<br />Sec. 10. The keeping, storing, or giving away of ardent spirits, or any shift' of
<br />awful
<br />device whatever, tQ evade the pr-�visiuns of this ordinance, shall be awful de3mldBeiiing
<br />within the pruvisi,.jns of this ordinance, and shall be punished as unlawfu
<br />is punished.
<br />car,
<br />Sec. 11 It shall be unlawful (1) to advertise upon any street car, railroa y sign e
<br />or other vehicle of transportation, or any public place or resort, or up or otherwir
<br />of billboard, or any circular, poster, price list, newspaper, periodical+ ins for
<br />within this city, ardent spirits, or toadvertise the manufacture, sale keep
<br />Oration
<br />sale or furnishing of the same, or tie person from whom, or the firm ur cow the ossa
<br />wh is h
<br />fromwhich, or the place where, or the price at which, or the method by licenoe
<br />or any of them may be obtain» d in any way whatever, provided that dru"gistis lies doeot°
<br />under the provisions of Chapter 388 of the Acts of the Assembly of 1918, fitted
<br />�e�
<br />Vie.reto, shall be permitted to send price lists to those to wiom they r(a I)e spy all
<br />to sell ardent spirits under this ordinance; and (2) To circulate o p ecified o
<br />written or printed matter, in which any advertisement in t..is section ap reoln
<br />appear, or to permit any sign orbillboard, containing such advertisement, totter, for
<br />upon onus premises; or to circulate 4ny price list, order blank or otiatter wbefe n
<br />Via purpose of inducing or securing orders for such ardent spirits no matter e�
<br />located• Any sergeant, constable or police officer is authorised to remove bid
<br />advertisement from any sign billboard, or other
<br />public place when it com8snotice et
<br />notice, and shall do so upon demand of any citizeflrl Any advertisemenorobox ti oth
<br />containing the picture of a brewery, distille res bottle, kegs barrel,an
<br />receptacle represented as containing ardent spirits, or designed to see Naotr08 iOt u
<br />advertisement thereof, shall be within the inhibition of this •actions eitto
<br />this ordinance shall be construed as prohibitiO, any person from giving mail or
<br />any compensation therefor any paper or magazine which he has received by t be
<br />into the Cit in persons provided that such gift 611&11 not be 10
<br />which he had brought i o
<br />a subterfuge or device, or a violationofthe provisions of this ordinance' o 000
<br />the circulation of newspapers, periodicals, or other written or printed m
<br />taining any advertisement of ardent spirits.
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