Ordinance No. 101

An Ordinance to Prohibit the Sale of Intoxicating Liquors and to Suppress the Keeping of Places Where Intoxicating Liquors Are Sold or Used, Except for Lawful Purposes

Be it ordained by the Mayor and Councilmen of the City of Troy:

Section 1.

It shall be unlawful for any person to sell or barter any spirituous, malt, vinous, fermented, or other intoxicating liquors in this city unless such person has a Druggist’s Permit therefor from the Probate Judge of Doniphan County, and such liquors are sold for medical, scientific, or mechanical purposes.

Section 2.

All liquors mentioned in Section One (1) of this ordinance, and all other liquors or mixtures thereof, by whatever name called, that will produce intoxication, shall be construed and held to be intoxicating liquors within the meaning of this ordinance.

Section 3.

The giving away of intoxicating liquors, or any shift or device to evade the provisions of this ordinance, shall be deemed an unlawful sale within the meaning of this ordinance.

Section 4.

It shall be unlawful for any person to keep or maintain, or to aid, assist, or abet in keeping or maintaining, in this city, a place 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 intoxicating liquors as a beverage, or where intoxicating liquors are kept for sale, barter, or delivery.

It shall also be unlawful for any person, either directly or indirectly, to keep or maintain, by himself or in conjunction with others, or in any manner to aid or abet in keeping or maintaining any club room or other place where intoxicating liquors are received or kept for the purpose of use, gift, barter, or sale as a beverage, or for distribution or division among the members of such association by any means whatsoever.

Any place so kept or maintained shall be deemed a common nuisance, and any person who shall use, barter, sell, or give away, or assist or abet another in using, bartering, selling, or giving away, any intoxicating liquors so received or kept shall be guilty of a violation of this ordinance and, upon conviction thereof, shall be punished as hereinafter provided.

Section 5.

All places where intoxicating liquors are sold, bartered, or given away in violation of any of the provisions of this ordinance, or where persons are permitted to resort for the purpose of drinking intoxicating liquor as a beverage, or where intoxicating liquors are kept for sale, barter, or delivery in violation of this ordinance, are hereby declared to be common nuisances and shall be suppressed and abated as such, as hereinafter provided.

Section 6.

Upon the filing of a complaint under oath charging that a place is kept or maintained by any person or persons in violation of the provisions of this ordinance, and that intoxicating liquors, bottles, glasses, kegs, bars, or other property are kept or used therein in maintaining such place as a common nuisance, the Police Judge shall issue a warrant commanding the officer to whom it may be directed:

• to arrest the person or persons charged or described as the keeper or keepers thereof;
• to search the place described in the complaint;
• to seize and take into custody all intoxicating liquors, bottles, glasses, kegs, bars, and other property described in the complaint and found at such place; and
• to safely keep the same, subject to the order of the court.

The officer serving such warrant shall deliver a copy thereof to the person or persons found in charge of such place, If no person be found in charge thereof, then such copy shall be posted in a conspicuous place therein.

Upon the return of the warrant, the Police Judge shall proceed as in other cases for the trial of persons arrested for offenses against the ordinances of this city, and shall also set for trial the complaint against the liquors and property seized, in not less than three days, unless sooner tried by consent.

At such time any person claiming an interest, as owner or otherwise, in such liquors and property may appear and be heard in defense of his or her claim thereto, and may defend against the charges contained in the complaint.

The trial upon said complaint against such liquors and property shall proceed as in other cases for the trial of offenses committed against the ordinances of this city.

If no person shall have been arrested on said warrant, the trial shall proceed as one for the condemnation and forfeiture of the liquors and property so seized.

If, upon the trial against the liquors and property seized, the complaint is found to be true, and that such liquors and property, or any of them, were kept or used in keeping and maintaining a common nuisance in violation of this ordinance, the Court shall adjudge such liquors and property to be contraband and forfeited, and that they be publicly destroyed.

The acquittal or discharge of any person arrested on such warrant shall not prevent the trial of the charges made against the liquors and property seized, nor the adjudging of them to be contraband and forfeited.

But in case of the acquittal or discharge of any person arrested, and he is not shown to be the owner of such liquors and property, or in case no arrest is made before the trial of the charges made against such liquors and property, the Police Judge shall cause notice to be given to the owner, if known, or to the reputed owner of said liquors and property, and to all whom it may concern, of the proceedings pending and of the seizure of said liquors and property, describing the same and stating the time and place of trial.

Said notice shall be served not less than three days before the trial by delivering a copy thereof to such owner or reputed owner personally, or by leaving such copy at his usual place of residence in the city, and by posting a copy thereof on the door of the place where such liquors and property were seized, or at some conspicuous place therein.

Any person appearing in said proceedings and claiming said liquors and property, or either thereof, and becoming a party to the trial of the charges made against the same, shall be liable for the costs of such trial the same as in other cases of offenses against the ordinances of this city.

Section 7.

In prosecutions under this ordinance, it shall not be necessary to state:

• the kind of liquor sold or kept for sale;
• the name of the person to whom it was sold; or
• the exact place where it was sold,

except in prosecutions for keeping and maintaining a common nuisance.

It shall not be necessary, in the first instance, for the city to prove that the party charged did not have a permit to sell intoxicating liquors for medical, scientific, or mechanical purposes.

Section 8.

Any person violating any of the provisions of this ordinance shall, upon conviction, be punished by a fine of not less than $100.00 nor more than $300.00, and shall be committed to the city prison until such fine and costs are paid.

Section 9.

All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed.

Provided, however, that no prosecution pending, and no offense heretofore committed under ordinances previously enacted, shall be affected by the provisions of this ordinance.

All such prosecutions shall be carried to final judgment, and all such offenses shall be prosecuted in the same manner as though this ordinance had not been enacted.

Section 10.

This ordinance shall take effect and be in force from and after its publication in The Weekly Kansas Chief.

Passed and approved August 7, 1893.

Published in The Weekly Kansas Chief, August 10, 1893.

GRANT DIXON, Mayor

Attest:
JAMES REVILLE, City Clerk