The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-08-12
Ordinance No. aO6I.

Intoxicating liquors, and to prohibit and
suppress the keeping of places whore in
toxicatfng liquors are sold or used. ex-
| cept for lawful purposes.
Be it Ordained by the Mayor and Council
men of the City of Topeka:
Section /. It shall be unlawful for any
person to sell or barter any spurious,
| malt, vinous, fermented or other intoxi-
eating liquors in this city, unless Sueh
] from the probate judge of Shawnee eoun-
| ty, and such liquors are sold for medical,
| scientific or mechanical purposes.
Sec. 2. All liquors MENTIONED in section
1 of this ordinance, and all other liquors
| called that viii produce intoxication,
| shall be construed and held to be intoxi-
! eating liquors within the meaning or TINS
f! ordinance.
See. s. The giving away of Intoxicating
| the provisions of this ordinance, shall be
| deemed an unlawful selling within the
Sec. T. It shall be unlawful for any per-
son to keep or maintain or to aid assist
| city a place where Intoxicating liquors are
SOLD 6artered or given away n vIolatlon on
where persons are permitted to resort for
liquors as a beverage, or where intoxi-
or delivery in violation of this ordinance
Sec 5. It shall be unlawful for any
maintain by himself or by assoclatiag or
ombining with others, or, in any manner
to aid, assist, or abet in keeping or main
tanning. any club room. or other PLACE, in
is received or kept for the purpose of
tribution or division among. the members
of any club or association by amy means
maintained shall be deemed a common
nuisance, and any person who shall use.
abet another in bartering, selling or Civ
ceived or kept shall be deemed guilty OF
a violation of this ordinance and upon
conviction thereof shall be punished by
fine of not less than one hundred GoIlars,
and not exceeding five hundred dollars or
by imprisonment in the city jail not less
than thirty days nor more tnan SIX
months for each offense.
Sec. 6. All places where intoxicating
liquors are sold, bartered or given away
in violation of any of the provisions OF
rnitted to resort for the purpose of drink
ing intoxicating liquors as a beverage. or
sale barter or delivery IN violation of
this ordinance, are hereby declared to be
common nuisances, and shall be sup
pressed and abated as such as herein
after provided.
under oath charging that a place is kept
or maintained by any person or persons
nance and that Intoxicating liquors, bot
6e g9fse g keg PTs or in 9t1 keepn ana
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 keep
er or keepers thereof. and to search the
place described in such complaint and to
seize and to take into his custody any
and all intoxicating liquors, bottles, glass
es, kegs, bars and other property, de-
scribed in said complaint and which he
may find at such place, and to safely
keep the same subject to the order of the
eRa deliver copy thereof to the per
son or persons found in charge of such
IN m charge thereof, then such copy shah
be posted by said officer in coRspicu-
Gus place therein. Upon the return of said
warrant, the police judge shall proceed
as in other cases against the person or
persons arrested; A time shall be set for
the trial of the charges made in said COM
plant against the liquors and property
seized, in not less than hVe days, unless
sooner tried by consent at which time
any person or persons claiming an inter-
est as owner, or owners, or otherW1Se, IN
such liquors and property, may appear
claims thereto ana may oeIen1 tlsa111sl
the charges made in said complaint The
other cases for the trial of onenses com
If no person shall have been arrested on
said warrant, the trial shall proceed as
Of the liquors and property so seized. If
upon the trial against the liquors and
to be true, and that such liquors and
property, or any of them, We're kept or
mon nuisance in violation of this ordf-
nance the court shall adjudge such Ii
forfeited, and that they be publicly de-
stroyed. The acquittal or discharge of
any person or persons arrested such
warrant shall not prevent the trial of the
charges made ageinsL 5ne nquoFfS , ana
10 be contraband and forfeited but in
such person arrested and he is not shown
TO be the owner of such liquors and prop
ertys 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
owner, of said liquors and property, and
ceedings pending and 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 day of trial, by de-
reputed owner personally, or by leaving
such copy at his usual place of residence
thereof fie on the door Of the place where
such liquors and property were seized,
one appearing in said proceedings ana
claiming said liquors and property, or
Of f''t the Charges made against the same ne.
shall be liable for the costs of such trial,
against the ordinances of the city.
Sec. s. In prosecutions under this or
the kind of liquor sold, or kept for sale,
or use, nor the name anne, Of the person to
to describe the place where sold, except in /
prosecutions for keeping and maintaining
necessary in-the first instance for the city |
have a permit to sell Intoxicating liquors |
for medical, scientific or mechanical pur- |
Sec. g. Any person violating any of the |
provisions Of this ordinance, except sec |
ton 5, shall upon conviction be punished /
by a fine of not less than one hundred |
dollars and not exceeding five hundred |!
dollars, and by Imprisonment in the city I
jail of not less than thirty days and not I
exceeding ninety days for each offense.
Sec. 10. All ordinances and parts of or /
dinances, in conflict with this ordinance |
are hereby repealed; provided. however. I
that prosecution now pending. and no /
offense heretofore committed under ordi- /
nances heretofore enacted. shall be effect |
ed in any way by the provisions of this |
ordinance; but all such prosecutions shall |
such offenses shall be prosecuted in the |
same manner as if this ordinance had not /