The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-06-11

OhOlN ANCE M. ZJCC.
AN ORDINANCE To prohibit the sale of
suppress places where Intoxicating
liquors are sold or used or kept for sale
or use contrary to law and repeating all
ordinances and parts of ordinances IN
conflict herewith
BE IT ORDAINED BY THE MAYOR
AMP GOuNCILMEN OF THE CITY OF
Section i. UNLAWFUL TO SELL
Or BARTER 1t shall be unlawful for
any person to sell or barter any spirituous.
malt, vinous. fermented or other intoxicat-
ing liquors IN this city;
FINED All liquors mentioned in section
OF this ordinance shall be construed and
held to be Intoxicating liquors within the
meaning of this ordinance.
+ Sec. 3. GIFT. SHIFT OR DEVICE. The
giving away of intoxicating liquors, or
of this ordinance, shall be deemed an
unlawful selling within the meaning OF
Sec. 4 Keeping OR MAINTAINING
PLACE It shall be unlawful for any
person to keep or maintain or to aid.
in this city a place where Intoxicating
liquors are sold, bartered or given away
nance. or where persons are permitted to
resort for the purpose of drinking intoxi-
eating LIQUORS as a beverage. or where
intoxicating liquors are kept for sale, bar
ter or delivery in violation of this ordi-
nance.
Sec. s. KEEPING CLUB ROOMS 1t
shall be unlawful for any person directly
Or indirectly to keep or maintain by him
self, or by assocfating or combining with
others, or IN any manner to aid assist or
abet in keeping maintaining any club
room or other place, in this city, in which
any intoAlcdtlns hquor IS received OF kept
for the purpose of use, gift, barter or
sale as a beverage or for distribution or
division among the members of any club
Or association by any means whatsoever;
and any place so kept or maintained shall
be deemed common nuisance, and any
person who shall use. barter, sell or give
assist m onnfhaP haT1aT-
ing, selling or giving away any intoHcat-
ing liquors so received or kept, shall be
nance.
Sec 6. COMMON sNUISANCES. All
bartered or given away in violation OF any
of the provisions of this ordinance, or
where persons are permitted to resort for
the purpose of drinking Intoxicating liquors
as beverage, or where Intoxicating
liquors are kept for sale, barter or delivery
in violation of this ordinance and all in
pumps, bars and all other property kept
IN and used in maintaining such place.
ances and shall be suppressed and abated
as such as hereinafter provided.
sE si SEIZURE TE Upon " the fling !
with the police judge of a complaint under
oath charging that a place is kept or
maintained common nuisance by any
person or persons. and that Intoxicating
liquors. bottles, glasses, kegs, pumps, bars
or other property are kept or used therein
common nuisance, a warrant shall be is
sued, commanding the officer to whom it
charged or described as the keeper or keep
ers thereof, and to search the place des-
cribed in SUCH complaint and seize and
take into his custody all Intoxicating
liquors, bottles, pumps, glasses, kegs, bars
| or other property described in said COM
plant which he may find at such place
and safely. keep the same subject to the
order of the court. The complaint shall
describe the place to be searched, with
same, and shall describe the intoxicating
| liquors or other property alleged to be
| iarly as practicabie; but any description,
however general, that will enable the Off
Ger executing the warrant to identify the
| property to be seized shall be deemed suffi-
Gent. Upon the return of the warrant.
| the court shall proceed as in other cases
against the person or persons arrested,
Sec. S. PROPERTY SEIZED; HEAR
ING; NOTICE; INVERTEBRATES. When
| property shall be seized under such war
rant, whether an arrest has been made
Within fortyeeighf hours after the return
| of the warrant, in the same manner as a
summons, directed to the defendant or
defendants in such action and to all per-
| sons claiming any interest in the intoxi-
eating liquors or other property, and fix
| ing a time and place at which all persons
| claiming any interest therein may appear
and answer the complaint made against
| such intoxicating liquors or other proper
| why the same should not be adjudged for
| feited and ordered destroyed. Such notice
shall be served upon the defendant or
defendants in the action in the same man
mr. as summons, if they be found within
| the jurisdiction of the police court and a
copy thereof shall also be posted in con-
| spocuous position on the place where such
property was seized. If at the time for
filing answer, said notice has not been
duly served, or other sufficient cause ap-
pear the time for answering may be by
the court extended, and such other notice
previous notice and give reasonable time
and opportunity for all persons interested
to appear and answer. At or before the
/ ing an interest in the intoxicating liquors
or other property seized may file his an
thereto and shall thereupon NJ be ADMITTED
as party defendant to the proceedings
against such liquor or other property. The
| complaint and answer or answers that
| may be filed shall be the only pleadings
required; and at the time fixed for answer
/ the court, "a trial shall be had in a sum.
mary manner before the court of the ale
cations of the complaint against the
| liquors or other property seized; an6
whether any. answer shall be filed or not
| it shall be the duty of the city attorney
| to appear and adduce evidence in support
| of such allegations.
| Sec. 8. JUDGMENT AND APPEAL Il
the court shall find that said intoxicating
| liquors or other property, or any par
| thereof, were, at the time the complain
was filed. being used in maintaining {
! common nuisance, ne, Shall dQJuQSe IOT
feited so much thereof as he shall FIND
was being SO used. and shall ORDER tn
officer in whose custody it is to publicl,
destroy the same; so much of said in
toxicating liquor or other property as th'
court shall not find to have beer. used II
maintaining a common nuisance, he shall
order returned by the officer in who's
custody it is to the place, nearly a
may be, from whieh.it was taken. or de
livered to the person establishing his CLAIM
to the same. If the court shall find tina
any of such liquors or other property was
at the time the complaint was filed. beinl
used in maintaining common nuisanc
and shall also find that it was being s
used by any person served with the motto
provided for in the previous section Of thi
ordinance or by any person filing an an
sWer. as in said section provided. or tina
it was then owned by any such person
. and by. him knowingly allowed to be s
:. against such person for the costs of tn
proceedings against the intoxicatin
liquors or other property so used or owne
!, him. If the court shall not find tina
!, | any of said Intoxicating liquors or othe
ct flsa