Free press. [volume] (Hays, Kan.) 1888-1908, 1904-07-23
npnINANcn Nn. *


icating Liquors except for medicinal, scien-
tificai ana mechanical purposes and TO reg
u!ate the sale thereof for such excepted
purposes II the city OF HAYS, Kansas
BE il ordained o. tie Mayor and Council
men OF the cay Of Hays, Kansas;
section 1.-Prohib.uon. Amy person who
shall barter sell any spirituoEs, mar. vim
Gus, fernented or other intoxicating liquors
within the city of Hays, Kansas, except for
medical scientific ana mechanical purposes,
shall be deemed guilty of d misdemeanor, and
upon conviction shall be punished as herein
provided.
section 2.-Cnlawrul to sell without permit,
and penalty therefor. it SHAH be unlawful
for any person or persons to sell or barter for
medical scientific or mechanical purposes
any malt, vinous, spirltuous, termented, or
other Intoxicating liquors without having
first taken out and obtained druggists per-
init therefor from the Probate Judge OF he
county of Ellis as provided for by the laws of
the state of Kansas. Any person without
taking out and having permit as herein pro-
vided, or any person not lawfully and in good
faith engaged in the business Of a druggist
who shall directly or Indirectly sell or barter
any spirItuous malt, vinous, fermepted, or
other Intoxicating liquors, shall be deemed
guilty OF a misdeneanor and upon conviction
than 500. nor more than $500, and be impr.s-
oned not less than thirty days Uuore than
six months, and pay the cost OF the prOsecu-
ion.
Section 3.-Druggist may sell, Any drug
gist having permit to sell intoxicating lqu-
ors under the laws Of the state of Kansas,
may sell the same only by himself. in person,
or by clerk who is a regularly registered
pharmacist or assistant pharmacist under
the laws OF the state OF Kansas, for medical,
scientific, or mechanical purposes only upon
affidavit as is provided for by the pIohibitory
law OF this state, and there shall be but one
sale and one delivery on any one affidavit,
and any druggist or druggists clerk who
shall violate the provisions OF this section
shall be deemed guilty of a mlsdemeanor and
upon conviction shall be punished by a fine
of not less than 500. or more than $500. and
by Imprisonment for not less than thirty
days or more than six months, and pay the
costs of the prosecution.
Section 4, Every Druggist who shall sell
any intoxicating liquors to any person whom
he has reason TO believe desires the same TO
be used as beverage, or sell liquor when he
has reason 10 believe the liquor sold IS not
remedy for the aiImeut described in the aft
daviJ, or shall sell, barter or give away any
Intoxicating liquors to Il minor; or any per-
sun unuGI the 1uGulC Ol 44tluOIs OF any per-
son who is in the habit Of becoming intoxica-
ted, or who shall allow such liquor sold upon
affidavit or prescription to be drank on the
premises in any apartment connected there
with ORION promises under his control, or in
any other manner omit any act required of
him herein or violate any OF the provisions OF
this ordinance, shall be deemed guilty of Il
| misdemeanOr, and upon conviction SHALL be
punished by fne of not less than 500. or
| more than $500. and by imprisonment for not
less than thirty days or more than six months
| and pay the costs Of the prosecution.
Section Declined. All liquors mentioned
| in Section ! If this ordinance and all other
| liquors or mixtures by what ever name called
that will produce intexication, shall be CON
strued and held to be Intoxicating liquors
within the meaning of this ordinance.
| Section 6.-Ciub Room. Every person who
shall directly or indirectly keep or maintain
| by himself or by associating or combining
with others, or who shall IN any manner aid
| assist or abet, in keeping or maintaining any
club room in which any Intoxicating liquors
is received or kept for the purpose OF use bar
ter, gift, sale as u beverage. or for distrbU-
ton or division among the members OF any
| club or association by any means Whatever,
| and every person who shall use, barter sell
or give away, or assist or abet another in bar
! tering, selling, giving away, distributing or
| dividing liquor so received and kept, shall be
deemed guilty of u mediterranean and upon
| conviction shall be punished by a fne of not
less than 800. or more than 500. and by I'm
prisonMent for not less than thirty days or
more than six months, and pay the costs of
| the prosecution,
| section T.-Shirts and devices. The giving
away of any Intoxicating liquor or any shift
or device to evade the provisions of this or
dlnance shall be deemed an unlawful selling,
aud punishable in the same manner.
Section s. Complaint Witness. in prose
cutions under this ordinance it shall not be
necessary to state the kind of liquor sold eX-
cept for prosecutions for keeping and main
tanning nuisance, nor 10 state the name OF
the person TO whom sold, nor to prove that
the party charged did not have Il permit 20
sell. And in all cases the person or persons
to whom sold shall be competent witnesses to
prove such fact or any other fact tending
thereto. And the members, shareholders OF
| associates of any club or association men
toned in Section OF this ordinance shall be
competent witness to prove any violation OF
the provisions of said Section 6, or any other
fact tending thereto
No person shall be excused from testifyinn
, touching any offence committed by another
against any OF the provisions of this ordin.
| ance by reason o. bis or her testimony tend
ing to criminate the witness, but the testi
mony, given by such witness shall in no ease
be used against such witness.
Section 9.-Not to sell to Certain Persons
Whenever the father, mother, brother, sisler
: wife, husband, son, daughter or guardian OF
any relative OF any person shall notify any
druggist that such person, naming him OF
her. uses intoxicating liquors as a beverage
and shall forbid said druggist frsm selling
bartering, or CRYING to such person any into8
icating liquor. 1t shall be unlawful for ans
: such druggist after such notice to let any
such person have any intoxicating liquor up
on any terms or conditions whatever, and any
druggist who shall violate the provisions OF
this section shall be deemed guilty of a mis-
demeanor and upon conviction shall be pun
ished by fine OF not less than $780, or more
than $780, and by imprisonment for not les:
than thirty days or more than six months
and pay the costs of the prosecution.
Section 1o..-MInors and Others. The treat
ing or giving of any intoxicating liquors Il
any minor, by any person other than The
father. mother, or guardian of such minor
Of any he has,l for medicinal purposes, shall
he unlawful and IL shall he llf1lsJS-fuf fOr a n,