Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1883-09-14
CITY ORDINANCE.
Relating to the Sale Of spirituous aud Malt
Liquors
Be it ordained by the City Council of the City OF
Jamestown:
Ed

Be it ordained by the City Council Of the City
selves agents or Otherwise, shall sell. vend, ds
pore OF or give away, or deal or lrafhc in an!
pirituous, vi ous, fermented, malt, ml1ea or ~
| loxicating liquors Of any kind either at wholesaN
retail, in or ut any house, room, or place wltnii
the corporate limits of the city OF jamestown
| without having first obtained license Tor ina
provid, d.
SEc.2. For the purpose Of this ordinance ths
selling OF said liquors, in any qua nifty or quah
ties Of five gallons or more, il sold i'll barrels OF
kegs or il sold in cases other package, then tha
selling thereof by the single case or o.her package
provided euch suge case or package be the same
and thal at the time OF such sale bear the original
stamp, mark or brand, whet her such case or pack.
age contain more or less than FIVE gailons saall
deemen M 20 and he,d 70 6e g. in
quantity TO be drank in, or upon, or ABOUT lhs
premises where the same is sold shall be deemed
to be retailing the same, and inc dispo;a' tin oi aa
one Of this title, shall be deemed and held to be
selling, and wherever the word selling either IN
t"is section or any ether section h OF TINS ,Ie
of dlsposng Of said liquors mentioned in section
one Of this title. and the words said liquors,
wherever they occur in this ordinance, snail pc
in said section one.
SEC 3. Any person or persons desiring to sell
sad liquors at wholesale within the corporate Inn
l:s Cf the city Of jamestown shall present his
written application therefor to the common coun,
Gil OF said city, and il said common council shall
decide to grant snch license said person or persons
clerk Of said citj bond to said CITY in the penal
sum Of five hundred dollars (s5OO), with at least
two sufficient snreties TO be approved by sald
council Each Of said sureies shall swear before
the city clerk or some other officer authorized to
administer oaths, that he is worth the sum OF one
thousand dollars over and above all indebtedness
sale or exccu rion. conditioned that the lcrson or
persons applying for raid license shal! keep
quiet and orderly house and shall not permit any
gambling in, upon, about the premises where
said liquors are sold, nor in any adjoining room,
building premises or other place OF public re-
sort connected with the premises where sold under
control by lease ownership OF said applicant,
or shal well and faithfully Keep and observe the
provisions Of any and all ordinances and regula-
tons OF the city OF Jamestown relative TO the sale
OF intoxicating liquors during the full term for
which said license is granted, which said bond
shall he filed with the city clerk OF said city, who
shall endorse thereon the date OF presentation and
Ming, and thereupon the person or persons SO ap
city treasury Of the city of jamestown the sum or
live hundred dollars (S5OO) current funds of the
United States, il the license be granted for one
shorter time than one year, reckoning from the
first day of the month in which the said bond is
flied with the city clerk as shown by the endorse.
ment thereon during and until the Fl ST day OF
January or July next succeeding, for W hich sum.
be the same more or less than five hundred dollars
($500) paid said person or persons making such
payments snail take receipt therefor from the
treasurer Of said city, which receipt shall show the
exact amount paid, date of payment. By whom
paid, for what purpose and for what liccbsc period
payment is accepted. and on presentation of such
receipt the city clerk by such person persons
80 applying as aforesaid the said city clerk
shall thereupon issue license TO aud in the name of
such applicant or applicants: and il two or more
said liquors, then said license shall issue to and in
the name Of the persons 80 applying as copart-
Eers, giving the name of each individual Of the
copartnership aud in addition thereto the name
and style OF the copartuership; each and every
license go granted to state definitely that it is
granted for the sale of liquors at wholesale only,
and for leng of time, in no more than for
one calendar wear, in proportion to the sum paid
as shown by the trcasurers receipt, naming the
exact days on which said license shall begin and
terminate. and the exact room. building or place
where the sale OF said liquors, pursuant TO said Ii
cense, is to be carried on: and each and every
license granted BY the city Of Jamestown for the
porate seal thereof, signed by the mayor and
countersipned by the city clerk thereof, with the
corporate seal Of the city of jamestown impressed
thereon and every license so granted FOR the sale
Of said liquors shall expire on the first day of
January or July next succeeding the date of its
issuance.
said liquors within the corporate limits Of the city
OF jamestown at retail only, shall proceed i'll the
same manner as prescribed iE the preceding sec
ton OF this title in obtaining WI olesale licenses
and the provisions Of the preceding section of
this title relating to the manIer of procuring
wholesale license, on the part Of an applicant for
the same and on the part Of the city OF James
town, the manner Of granting wholesal license,
shall extend to and cover the procuring and grant
ing Of retail licenses except that no bond shall be
required by the ey Of o from any ap
person so applying shall have already procured
license to sell said liquors within the corporate
limits Of the city OF jamestown. at wholesale in
accordance with the provisions of the preceding
section.
SEC. No person or persons to whom license
shall have been issued by the city of jamestown.
to sell said liquors at particular place III the
corporate limits either at wholesale retail. shall
change remove his or tneir place of business to
any other place within the corporate limits OF the
city of jamestown than the place named in his or
their license, nm eas such person or persons first
obtain the consent of the city council of the said
city of jamestown tn :reto and in case such coun-
Gil consent to the change or removal of the place
of business of any licensed seller of said liquors,
to any other place within the corporate limits of
the city of jamestown than the house, room or
place named in the license of such liquor seller.
then such consent shall be evidenced by an indorse
,,.ent in writing such license naming the exact
house, room or place of removal and such endorse
mant shall be signed by the mayor OF said city
and countersgned by the city clerk, nor shall any
person or persons to whom license sRall have
been issued to sell said liquors either at whole
sale 0 retail within the corporate limits OF the
city of jamestown, transfer SAID license to any
other person persons ana any violations of the
provisions OF this section shall work a forfeiture
Of such license.
SEC. 6. No person or persons who Shall have
obIained license to sell said liquors within the
corporate limit. OF the city Of jamestown shall
sell any of said lanors to an intoxicated person
or to any habtnal drunkard. minor or person of
nnsound mind any person who having obtain
ed license to sell liquors as aforesaid shall vic.
late the provisions of this section, shall upon con-
vicon therof forfeit and pay 10 the city of James
town the sum of Fifty dvllars for each and every
otfense said sum to be recovered in clvil-action
on SAID bond and in default of the payment of
such fine shall be committed to the city prison for
not less than thirty nor more than ninety days.
SEC. {. No person or persons licensed to sell
said liuuor shall by themselves agents otherwise
SELL vend, dispose of or give away or deal or
traffic in any spirtuous. vlnous, fermcntcd, m 1t.
mixed, or intoxicating liquors Of any kind either
at wholesale or retail. in or ct any house, room,
saloon or place within the corporate limits Of the
whether city, coun'y or special elections be-
tween the hours Of eleven thirty O'Clock p. M, and
five O'Clock a m of cach and every week day and
any person or persons violating the provisions of
this section shall upoI conviction thereof, be fined
1st less than twenty five dollars (25. 00l more
Than enc hundred dollars $4,000 and in default
of payment thereof shall be committed to the city
prison for not less than twenty nor more than
forty days,
SEC. Any person or persons who shall vio-
late the provisions of section one of this ordinance
shall upon conviction thereof he fined not less
than fifty dollars nor more than one hundred
dollars and IN default OF payment OF said fne
shall be imprisoned in the city jail for not less than
thirty nor more than ninety days
SEC. 9. All ordinances or parts OF ordinances
passed by the board of village trustees of the vii
Iage OF Jamestown conficting herewith are hereby
Passed Sept 3 1883.
Not signed by mayor within dvc days after pre-
sentatiOn consequently becomes law.
.hS,l SNn