The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1883-08-17
ORDINANCE NO. 229.

lFuDIlSiled August lItn, 1881.
An ORDINANCE entitled an ordinance to
a prohibit the sale and barter If intoxicating
liquors in the city of lola, Kansas, excerpt for
medical scientific and mechanical purposes
and to regula e the sale thereof for such except
BE it or aned by the mayor and couneilmen
Of the cit, # Iola, in the state IF kansas.
sec. ]. Any person or persons wen shall
$, II or larrsr within said city any spiI itOus,
malt, viLOus, fermented, or other intoxicating
liquors shall be deemed guilty of a mis- iemean-
or and, upon conviction, he punished "a here
matter prOvi led, provided. however, that such
liquors may be sold for medical, scientific and
mechanical purposes only, and a. provided in
this ordinance and in chapter i2S Of the session
laws OF 1851, state of Kansas, in AN Act To
prohibit the manufacture and sale OF intnXi-
ca ing liquors, except for medical, scientific
and mechanical purposes and to regulate the
manufacture AID sale thereof for such excepted
purposes.
Sec. =. 1t shall he unlawful Cor any person
or persons to sell or barter within said city for
medical, scientific, "r mec lanical purposes
any malt, vinous, siritous- fermeated or
other Intoxicating liquors, without first hav-
Ing procured a drIgg SITS permit therefor frum
the probate JGdEe of Allen county, Kansas, rs
provided in section t2) two IF said chapter one
hundred ami twenty-ei2ht Q2 and of said Act,
tnd any pers III or pers IDS yi"latIu z the proyis
ions of this section 81 all he deemed guilty of q
misdemeanor and upon conviction, be punished
as hereinafter provided
Sec. 3. No person persons so having
druggists permit shall sell barter for mcdi-
cal purposes any malt, vInous, fernenteI, "r
other intoxicating iiquprs within said city, ex-
crpt upon the prescription of "A ply sisian regU-
larry eng aged IN the practice II his profession
as u business in said county "a is provided in
section three - Of sad chapter one hundred
and twenty Ell hit Q2>) and said Act, and upon
full compliance with said section shree q
aud no person or persons 81 having drug gIsts'
permit shall sell or barter for scientific. or me-
chanical purposes, any malt, yin1usy ferment-
ed or other Intoxicating liquors within said.
city without first having fully complied with
ter one hundred and tweDty-right Q2sl and sad
Act; and any person or persons VIII" shall violate
any of the provisions Uf this section shall be
deemed guilty II a misdemeanor and, ulon con-
yictiOn. be punished as hereinafter prO' ided-
sec. 4. ANY person OF persons no shall di-
rectly or indirectly violate any of the provis-
ions OF sections one u, two (zl and thrte tS) of
this ordinance shall be deemed guilty Of a mis-
demeanor and, upon conviction thereof, shall
be hued in any sum not less than (s25) twenty
five dollars, nor more than (Sl00 one hundred
dollars, or be Imprisoned not more than l9O)
ninety days, nor less than thirty (SO) DAYS And
for cOnd Offense shall be fined in any sum
not less than Fifty dollars $50 nor more than
two hundred doll.r. $50 or be imprisoned
than SIX (6j months. And for
a third and every subsequent offrnse shall
be fined in sum not less than (sIO0) one hun
dred dollars, nor more than CS5 o. five hundred
dollars, or be imprisoned not less than g,
three months, nor more than Q2) twelve
months, or shall suffer both such fine and i'm
b,
in ali cases shall pay the costs oil prosecution
and for failure thereof be committed until such
fine AMI cos;s are paid. in addition to the pun
ishment as herein provided for such Offenses.
Sec. >. All liquors mentioned in section o.
one of this ordinance, and all other liquors or
mixtures thereof by whatever Z Anne called that
Will produce intoNicatiOn, whether in large or
small quantities. shall be Considered and held
Ia be intoxicating liquors within the meaning
of this ordinance. and the provisions OF this or
dinauc &c shall extend to every person who shall
ri 1.as.f ty ID hon n ifrn
self or by ass ciating or C 'mbining with Others.
or who shall in any manner aid, assist, or abet
in keeping or maintaining any club rooms OF
other place, in which any Intoxicating irq-
uOr is received or Kept for the purpose Osuse,
gilt, barter, or sale as n beverage. or for dis
tribution or division among the members ~
shall use, barter, sell or give away or assist or
abet another in barttrIng, selling or
giving away any intoxicating liquor
city. and contrary to the provisions Of this
ordinance, shall be deemed guilty of Misde-
meanor and, upon conviction thereof, shall be
dred dollars nor more than ts5o) five hundred
dollars OF by imprisonment not less than 1901
thirty days nor more thai (6) six months and
pay the costs of prosecution.
Sec. g. In all prosecutions under this ordi-
nance it shall not lie necessary TO state the kind
Of liquors sold, nor the name Of the persons
sold to, but the place where sold shall b. dc
scribed; and in all cases the persons to whom
sold shall be competent witnesses to prove such
fact, or any fact tending thereto, and the mem
bers OF any club or association of persons shall
be c. mpetent witnesses to prove any yiOlsi.vI
II any of the provisions of this ordinance
any fact tending thereto.
Sec. Z. No person who shall inform of ofenSes
under this oriinasce shall be liable for the
costs incurred in such prosecution, and IN all
under this ordinance, where not
provided by law, the police Judge,
the Marshall, city Attorney and witnesses
shall receive the same fees allowet by
law in the prosecutions Of misdemeanOrs before
Justice of the Peace.
secs. All lines and costs assessed against
any person or persons for any violation o.
this ordinance shall be lien upon the reat
estate Of such person or persons until paii. ahN
in case any person or persons shall let or tease
any building or premises, and shall knoNinElN
suffer the same to be used and occupied ior the
sale Of Intoxicating liquor within said city cor
trary to The provisions Of this ordinance, the
so lease or occupied shall be subject
to lien for and may be sid to pay all line and
costs assessed AGAINST any such occupant Tor
any violation II this ordinance, and such lien
shall be enforced by civil action in any court
having jurisdiction, aud the owner of any such
building or premises shall be deemed TO have
of uch'illegal sale when he has been
once notified by the marshall or mayor of said
made in snch building or premises.
Sec O. This ordinance shall take effect and
be in force from and after its publication once
In the lola REGISTER.
approved August 18th, 1855.
II. L. HENDERSON, Mayor.