The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1909-04-22

I 5. Have you knowingly permitted
improper females to visit your place
of business within the past twelve
| months?
And if, after one year from the
passage Of this act any of the ques.
tions, numbered one to five afore-
said, be answered in the affirmative
or if said person, corporation or CO.
partnership shall fail or refuse to
answer the same, and sign and veri-
fly them before such assessor, then,
if thereafter said person, co-partner-
ship or corporation shall engage in
the sale, furnishing or giving away
of intoxicating liquor as beverage,
he (or If firm, the members of the
firm, or if corporation the officers
of said corporation) shall be guilty
OF misdemeanor, and upon indict-
ment and conviction, shall be fined
not less than 5000 nor more than
$1,000 or imprisoned not less than
six months nor more than two years,
or both.
Sec, 5a. That whoever makes false
answer to any of the questions pro-
vided for in the proceeding section,
shall be deemed guilty of a misde-
meanor, and upon indictment and
conviction shall be fined in any sum
not less than 800 nor more than
$500 or imprisoned not less than
three months nor more than two
years, or both. And whoever, hav-
ing been convicted under this sec
ton, either for himself or as partner,
agent, or employe, engages in or car
ries on the business OF selling any
vinous, malt, spirituous or any in
toxicating liquors as a beverage,
shall upon indictment and conviction
be fined not less than 5000 nor more
than $1,000, or imprisoned not less
than six months nor more than two
years, or both.
Sec. 5b. Upon the written com
plant of five taxpayers that a place
where the sale of intoxicating liquors
is carried on is conducted in a dis
orderly or disreputable manner, the
prosecuting attorney of any county
where said place is situated outside
municipal corporation and the So
licitor or chief law officer of any
municipal corporation where the
place is situated within a municipal
corporation, shall or without the said
complaint may institute a proceeding
in the court of common pleas by Pc
tition properly verified, alleging that
| any such place is conducted in a dis
0rnnplV tfah Ia
ing defendant or defendants In said
action the person, co-partnership, or
corporation conducting the said place
OF business, and setting forth in said
petition the facts complained Of.
Pleadings may be filed as in other
cases and issue Joined, as upon an
issue for the abatement of a public
nuisance. Upon the motion of the
plaintiff, the cause shall be advanced
upon the docket of said common
pleas court.
On the trial of said case, if the de-
| fendant demands it a jury shall be
impanelled. Before said jury the
| evidence shall be adduced as in 9th
er cases and the court shall charge
the jury upon the law; and if a YER
dict is rendered against the defend
ant, then the court shall order that
said place be abated as a public
nuisance.
And whoever, being the proprietor
OF place which has been abated un-
der this section, either for himself
or as partner, agent, or employe, en-
cages in or carries on the business
of selling intoxicating liquors as a
beverage, shall upon indictment and
conviction be fined not less than
5000 nor more than $1,000 or impris
oned not less than six months or
more than two years, or both.
The complaining taxpayers referr-
ed to must be qualified voters of the
municipal corporation, in case said
place is situated in municipal cor
poration. and must have resided for
12 months prior to their complaint
within 1000 feet Of the place com
planned Of; and In case said place is
situated without a municipal corpora
tion. then said complaining taxpayers
must within ~ months before the
complaint have resided without the