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HomeMy WebLinkAboutNov 23, 1921 Nov. 23, 1921, Special Meeting held for the purpose of hearing the Second Reading on Ordinances Nos. 2 and Nos. S, ~ and appoiting SubOrdinate Officers. Rol! Call, Mayor Gauvette, Councilmen Bentzen, Ledwien & McKenna present. Councilmm- Burgoyne was absent. 0~dinaa# Nos. $, AN ORDINANCE TO PROHIBIT THE MANUFACTURE, SA~.w, OR DISPOSITION, OR THE TRANSPORTATION OF, OR THE KEEPING OR HAVING IN POSSESSION FOR S.ALE 0R DISPOSITION OR TRANSPORTATION, OR THE SOLICITING,RECEIVING OR TAILING Ally ORDER FOR INTOXICATING LIQUOR, EXCEPT FOR CERTAIN PURPOSES,AND TO REGULATE THE MAN~ACT~, SALE, DISPOSITION,TRAI~SPORTATION,POSSESSION AND USE OF INTOXICATING LIQOUR FOR SUCH PURPOSES, AND TO PR0~'JIDE FOR THE ENFORC~k~IT OF SUCH PROHIBITION: TO DEFINE TEEMS AND PRESCRIBE PENALTIES FOR VIOLATIONS OF THIS ORDINANCE. THE CITY COUI~CIL OF THE CITY OF COLUMBIA HEIGHTS, ANOKA COUNTY,MINN., DO ORDAIN' AS FOLLOWB: Section 1'. l~herever used in this ordinance the terms"intoxicating liquor# and #liquor' shall include and mean Methyl Alcohol and any distilled, fermented, spirituous, vinous, or malt liqottr, or liquid of any kind portable as a beverage whenever any of said liquors, or liquid in fact intoxicating or containing one-half of one per cent, or more,, or alcohol by volume; in any action or proceeding under this ordinance the fact that any such liqiour or liquid, which is portable as a beverage,will, when drunk, produce an intoxicating effect, shall, when establi'shed be proof that such liquour or liquid contains one-half of one percent or more of alcohol by volume and is intoxicating within the meaning of this ordinance; the terms"sell" and'sale" shall include all barter,gifts and al'l means of furnishing liquor in violation or evasion of law; and the word'physiciau' shall include and mean any ~hysiciau, Surgeon, Dentist or . Veterinarian duly licensed_ to practice and practicing as such w~thin this State, and no other person; the word "Pharnmcist# shall include and mean only any duly licensed and registerred pharmacist or druggist actually carrying on business as such in good faith within this State; the word ~person' shall include and mean natural persons and corporations whether acting by themselves or by servant, agent, or employe; words of singular number shall include their plurals, · words of masculine gender shall include their feminine or neuter, as the case may be. The term "wholesale druggist' as 'used in this ordinance is hereby declared to mean one who in good faith deals in drugs,chemicals, and medicines in large quantities and who sells such drugs,chemicals and medicines chiefly to retailers thereof who .in turn retail the same in small quantities to the consumers. #Nuisance' shall include the premises and every place where liquor in any quantity is manufactured, or commonly sold, or kept or had for sale, or where,any order therefor is commonly take~, received or solicited contrary to the provi'sions of this ordinance or of the constitution or law of this State or of the Unreal States, nJ all liquor found ~ in any such place, ~and every bar, fixture, vessel, jug, container or receptAcA~A of any kind and every still apparatus, implement, machine, ~ device, con- trivance, utensil~ or thing, and every tablet, compound, substance and all matter or material of any kind or n_ature, whether liquid or solar, and every formul~,'.~ recipe or direction, any cf which is apparently designed or intended for use or used therein for or in connection with the manufacture or sale of intoxicating liquor, or any violation of any provision or part of this ordinance or of the constitution or law of this state or of the United States relating to intoxicating liquor~ Section 2. The manufacture, s~le or transportation, or keeping having in possession for sale or transportation of, or the taking, receiving or soliciting of any order for intoxicating liquor of ,any kind in any quantity ~hatever is prohibited within the City of ,~ Columbia Heightis and it shall be unlawful to manufacture, sell~ have or possess within the City of Col;,~mbia Heights any property. matter, substance or anything designed or intended for use %n committing a violation of any provision or part of this ordinance or of the constitution or law.' of this state or of the Un£t~ed States relating to intoxicating liquor; provided that nothing in this ordinance shall prevent the manufacture, sale or transporation of Methyl or denatured alcohol,, and provided further that nothing i~n this ordinance shall prohibit the manufacture, sal® or transportation of methyl alcohol for chemical, mechanical,medic~nal, pharmaceutical, scientific or industrial purposes, or of liquor for medicinal purposes, or of wine for sacramental purposes, or the use of so much alcohol as is necessary for legitmate purposes of extraction, solution or preservation in the manufacture of anything other than beverage, or sale or tramsportation of liquor by pharmacists or wholesale druggists, all upon the conditions and under the restrictions prescribed by Chapter 45§, 'General Laws of Minnesota 1919, and acts amendatory thereof, and not otherwise, and provided further that nothing in this ordinance shall prevent manufacture of United State, Pharmacopoeia or National Formulary preparations, upon the conditions and under the res~ictiens prescribed by Chapter 455 General Laws of Minnesota for 1919, and acts amendatory t?~ereof and not otherwise. Section 3 'A" Any manufacturer of liquor or any wholesale druggist having a permit therefor from the Secretary of State, as provided by Chapter 455, General Laws of Minnesota for 1919, and acts amendatory thereof, may sell such liquor to ar~ pharmacist upon the conditions and under the restrictions prescribed by said Chapter 455 General Laws of Minnesota for 1919, and acts amendatory thereof, and not otherwise. · B# Any manufacturer of methyl alcohol having a permit therfor as provided by chapter 455,General Laws of Minnesota for 1919, and acts amendatory thereof, may at the place of manufacture designated i~ such permit, or any pharmacist or wholesale druggist having a permit as provided by said chapter, may, at his place of business as such pharmacist or wholesale druggist, sell such alcohol for any chelae&al, mechanical, pharmaceutical, scientific or industrial purpose, or for use for the purpose of extraction, solution or preservation in manufacture, upon the conditions and under the restrictions presribed by said chapter 455, General Laws of Minnesota for 1919, and acts · amendatory thereof, and not otherwise. ~C" Any pharmacist may sell intoxicating liquor for medicinal pur- poses upon bonafide presriptions of a physcian upon the conditions and under the restrictions presribed by Chapter 455, General Laws of Minnesota for 1919,and acts amendatory thereof, and not otherwise. Section 4. No physician shall make, prescribe or deliver to any person any presription for intoxicating liquor within the City of Columbia Heights, except in the fo~ma and upon the conditions and under the restrictions authorized and presribed by chapter 455, Genral Laws of Minnesota for 1919,and acts amendatory thereof. Section 5. No person shall create or keep, or maintain, or aid in creating, keeping or maintaining any nuisance as defined by this ordinance within the City of Columbia Heights. Section 6, Thefinding .of liquor, or,any bar, bar fixture, or any ye,sell, jug, container, or receptAc~l of any kind, or any still, apparatus, implement, machine, device, contrivance, utensil or thing, or any tablet, compound or substance'or'matter or material of_Any er nature,whether liquid or ~lolid, or any formula, recipe or direc~x~.~ any of which is apparently designed or intende~ for use or used for er in or in connection with the manufaCture or sale of intoxicating ~ liquor, or for or in connection with a nuisance or any violation or any provision or part of this ordinance or .of the constitution or Law of this State or of the United St a tee relating to intoxicating liquor, on any premises or in any place, or any sign or advertisements, indicating the manufacture or sale of intoxicating liquor or the · creation or existance of u a nuisance on any premises or in any place, aha~l~ except in the case of a phar_m_ ~cist or manufacturer or sholesale druggist having a permit to sell intoxicating liq~or, as provided herein~e prima facie evidence in any proceeding ~nder this ordinance, that such premises or place is a nuisance. Section 7.Upon complaint before a judge of the Muncipal court of the City of Columbia Heights charging any person wi'th creating,keeping or _maintaining a nuisance s.nd particularly describing the' premises,the judge, in addition to issuing a warrant for the arrest of such person, shall also issue a search warrant comma~ling~An~officer to search such premises and seize and hold subject to the ,order of the Court all liquor and every bar, bar fixture,vessel, jug, container, or receptacle of any kind and every still, apparatus, implement, machine, device, contrivance, untensil or thing and every tablet, compound or sub- stance and all matter and material of Shy kind whether liqu&d or solid and every formula, receipe or direction found therein, any of which is apparently designed, or intemded for use or used for or in or in connection with the manufacture or sale of intoxicating liquor or for or in or in connection with ~ nuisance or any violation of any provision or part of this ordinance or of the constitution or law of this state or of the United States relating to intoxicating liquor, and make an inventory of the same and serve a copy thereof forthwith on the defendant or person, in charge of the premises. Section S. if the defendant in any such criminal action be convicted, the liquor and every tablet, compound or substance and all matter and material of any kind and every fomula, recipe, or direction, and every, still, apparatus, implement, machine, device, contrivance cr utensil found on the pre~ne~ises, any of which is designed or intended for use or used for or in in connection with the manufacture of liquor, shall be destroyed by the officer seizing the same and all other articles taken under the warrant shall be forfeited to the City and sold by the officer as upon execution. Section 9. Any person who shall violate any provision or part of this ordinance shall, upon conviction thereof, for each off&nsc, be pun- ished by a fine cf not to exceed $100.00,0neHund-red Dollars, or im- prisonment for not to exceed ninety (90) days. Section 10. If any provision or part of this ordinance, shall be held invalid by final decision of a Court of last resort, i~. shall not invalidate or in any way affect any other 'provision or part thereof. Section ll. This ordinance shall take affect and be in force from 'and after Dec. 25rd, 1921. ~ .~,/~~ ~ ~ let Rea'ding l~ov..18, 1921, 2nd Reading I~ov. 2~rd, 1921. Final passage and approvement Nov. 25,1921. Resolution off erred by ]~entzen, sec. by McEenna:- ~Resolved that we adopt the above Ordinance, or Ordinance No. ~., on roll call all members t~resent at meeting voted "yes". Carried. Resolution offered by McKenna, sec. by Bentzen:- Resolved that we adopt Ordinance 11o.2, on roll call all members present voted ~yes#. Carried. Ordinance I~o. 2 is as follows:- see page No. 41. Ordinance Nc. 2, 'City of Columbia Heights. AN ORDINANCE CREATING THE FOLLOWING NAMED OFFICES SUBORDINATE TO THE CITY MANAGER IN THE ~ITY OF COLUI~BIA HEIGHTS, VIZ: tI~I CITY TREASI~ (2)WATER SUPERINTEI~DII~T AND PLUMBING INSPECTOR 3 ELECTRICAL INSPECTOR (4) BUILDING INSPECTOR ~ (5) CITY ASSESSOR L CENSE n SPECTOR (V')CITY ATTORF2M ASSISTA CITY ATTOPmE BOARD OF HF~LTH. THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: 1 That the following named offices, subordinate to the City Manager are hereby created in the City of Columbia Heights, Viz:- City Treasurer, Water Superintendent and Plumbing Inspector, Electrical Inspector, Building Inspector, City Assessor, License Inspector, City Attorney and Assist City Attorney and Board of Health. 2 That the personal, qualifications and duties of the incumbents of the respective offices hereby created shall be such as are prescribed for each of such offices by the administrative code of the City of Columbia Heights. 41 That the incumbents of th~ said respective offices shall hold offices at the pleasure of the City Manger of the City of Columbia Heights. This ordinance shall take effect and be in force thirty days from and after its passage. 1st Reading Nov. 1S, 1921, 2nd reading 1Joy. 23, 1921. Final passage and ap~ovement Nov. 23, 1921.~ ~ /~ ~~ Manager Corr appointed Wm. Leitch,Treasurer, on roll call ~ Council voted ~unanimously to approve the appointment and set the slaty at $$00.00 per year, payable monthly, starting from Jan. lst, 1922. Manager Corr appointed Joseph Stinson as 1~i~ ~u~erintendent,on roll call the Council voted Unanimously to apprevemt~e app~i~t~aem~ aS set the salary at $~0..00 per mo~l,, starting Jan. 1st, 1922.