HomeMy WebLinkAboutOrd. No. 1927-188ORDINANCE # 188
AN ORDINANCE Prohibiting the manufacture, sale, storage, serving, gift,
transportation, importation, exportation and possession of intoxicating
liquors for beverage purposes and regulating all other traffic in such
liquors;( providing ;penalties °for2violation hereof:and.r epealing'all other
ordinances and parts of ordinances in conflict herewith.
The Board of Trustees of the City of Elsinore do ordain as follows: -
For the purpose of this ordiannce the f L1lowing words and phrases shall hav
have the meaning as in this section set forth:
Section I. (a) The words "intoxicating liquor" whereever used in this
ordinance shall be construed to include alcohol, brandy, whiskey, rum, gin,
beer, ale, porter, and v;ine and any spirituous, virnious, malt or fermented
liquor, liquids and compounds, whether medicated, proprietary, patented or
not and by v;hatever name called, which contain one-third of one percent or
more of alcohol by bolume and which are potable or capable of being used for
beverage purposes.
The following articles shall not, after having been manufactured and
prepared for the market be included in the definition of "intoxicating liquor"
or be subject to the provision of this ordinance if they correspond with the
following descriptions and limitations, viz:
1. Denatured alcohol or denatured rum produced and used as
provided by the laws of the United States or the regulations
of the Commissioner of Internal Revenue of the United States.
2. Medicinal preparations manufactured in accordance with
formulas prescribed by the United States Pharmacopoeia,
National Formulary or the American Institute of Homeopathy
that are unfit for beverage purposes.
3. Patented, patent and proprietary medicines that are unfit
for use as beverage purposes.
4. Toilet, medicinal and antiseptic preparations and solutions
that are unfit for use for beverate purposes.
5. Flavoring extracts and syrups that are unfit for use as a
beverage or for intoxicating beverage purposes.
6. Vinegar and preserved sweet cider.
(b) The word "person" wherever used in this ordinance shall
be construed to mean and include natural persons, firms, copartnership, cor-
porations, clubs anc. all associations or combinations of persons, whether act-
ing by themselves or by a servant, agent or employee.
(c) The phrase "Voistead Act" as used herein is defined as
title two of the actof Congress enacted October 28, 1919; such title two boing�
enacted under t he authority of the eighteenth amendment to the Constitution of
the United States and providing for the enforcement thereof.
Section II. I shall be unlawful for any person, directly or indirectly,
to manufacture,; receive, sehl, serve, give away, transport or otherwise dispose
of any intoxicating liquor :.thin the City of Elsinore or to import any such
liquor into or export any such liquor from said City, except as provided herein.
Section III. Except as hereinafter provided in Section IV it shall be un-
lawful for any person to have, keep, store, or possess in the City of Elsinore
any intoxicating liquor or property designed for the manufacture of liquor in-
tended for use in violating this ordinance or ohich has been so used and no
property rights shall exist in any such intoxicating liquor or property.
Section IV. Any act concerning intoxicating liquor as the same is
defined in the Volstead Act vahich is not unlawful under the tersssof that
act, shall not be unlawful under the terms of this ordinance if done con-
cerning or respecting intoxicating liquor as defined herein.
Section V. Any person who shall violate any of the provisions of this
ordinance ahall be guilty of a misdemeanor and on conviction thereof shall
be punished by a fine of not exceeding $300.00 or by imprisonment in the City
Jail for a period of not to exceed three months or by both such fine and im-
prisonment.
Section VI. If any sedtion, sub - section, sentence, clause or phrase of
this ordinance is for any reason held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this ordinance.
The Board of Trustees hereby declared that it would have passed this ordinance
and each section, sub - section, sentence, clause and phrase thereof irrespective
of the fact that any one or more sections, sub - sections, sentences, clauses
or phrases be delblared unconstitutional.
Section VII. All ordinances or parts of ordinances in conflict <r_th or
inconsistent with the provisions of this ordinance are hereby repealed, except
that this repeal shall not affect or prevent the prosecution or punishment of
any person for any act done or committed in violation of any ordinance hereby
repealed prior to the taking effect of this ordinance.
Section VIII. The City Clerk shall certify to the p.ssage of this
ordinance and cause the same to be published in the Elsinore Leader Press.
Passed and adopted on this the 2nd day of Feburary, 1927 by the
following vote:-
Ayes:- Trustees Taylor, Graham, Keck, Bell and Everett.
Noes:- done
Absent: -None
President of the Board of Trustees