Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1910-10-11

ell is further satisfied that the persol
who is to conduct such business has {
good moral character, the Council ma!
in its discretion order the issuance o
license to the applicant in accordanc,
with the ordinances of said City, ant
upon the proviso that the building IL
which said business is to be carried OF
complies strictly with the requirement!
OF this ordinance referring thereto
and hereinafter set forth otherwise
the application shall be denied.
Number of Saloons Limited.
In issuing such licenses, or order
ing them to be issued, the said City
Council shall permit but one license tc
be issued for every one thousand in
habitants or fraction thereof, residing
within the corporate limits of said
city.
Must Pay in Advance.
No order for the issuance of IL
cense shall be made without a written
application therefor as herein pro-
vided, nor until the license fee is paid
and the bond of the applicant is ap-
proved by the Mayor of said City. The
execution of such bond by a surety
company authorized to do business in
the State of Oregon, as surety, shall be
deemed a sufficient bond, without
other surety or sureties; provided, that
all bonds shall be subject to the APP
prOval of the Mayor. The Auditor and
Police Judge shall issue such license
only upon the order of the City Coun-
Gil of said city, as hereinbefore provid-
ed, and only after having been noti-
| fed by the committee of the City
Council hereinafter mentioned and
provided for by this ordinance that
the building in which such business is
to be carried on complies with the re-
quirements of this ordinance as here
matter set forth.
Second Conviction FOrfeits License.
A second conviction of any misde-
meanor constituting a violation of any
condition of such bond herein men
toned shall forfeit such bond to the
said City of Dallas, absolutely, as stip-
ulated damages and said city shall be
entitled TO recover the amount of the
penal sum of such bond so forfeited
without any proof whatever of actual
damages. A second conviction of any
misdemeanor constituting a violation
of the terms of this ordinance and of
any condition of said bond shall work
a forfeiture of the license, and there
after no license shall ever be issued to
such person, firm, company, or cor
poration within the corporate limits
of the City of Dallas The forfeiture
of said license as herein provided for
shall be separate from and in addition
to the forfeiture of said bond as here
in above provided
License Is Transferable.
A license issued under and by Vir-
tue of the provisions of this ordi-
nance shall be asslgnable and trans
ferable and shall be owned and held
by the owner thereof as other property
or rights are held by him, and in case
of his death, it shall go to his personal
representatives in the same manner as
other personal property, However, the
assignee of any such license, or any
other person into whose hands such
license may lawfully come, shall give
bond in like form and manner and
subject to the same conditions and re-
strictions as is herein provided for in
regard to the original applicant, before
engaging under and by virtue of said
fering for sale any vinous, spirituous,
malt, or other intoxicating liquors.;
and further, no such assignee or other
person acquiring such license in a law
full manner, shall be permitted to en-
gage in such business as is authorized
by such license, unless he makes ap-
plication to the City Council of said
city for that purpose in like manner
and form as application is herein re-
quired to be made by the original ap-
plicant, and such application shall also
be accompanied by certificate as to
the good moral character of the per-
son making such application or the
person who is to conduct such business
under such license in said city, which
certificate shall be signed by at least
five reputable citizens of Polk County,
State of Oregon; and further the said
City Council shall have the power to
accept or reject said application of
said assignee or other person acquir-
ing such license to do business under
said license, as ii had by the terms and
provisions of this ordinance in refer
ence to the application of the original
applicant; provided, however, that If
such assignee or other person acquir-
ing such license lawfully, shall be fit
and proper person to conduct such
business in said city. the City Council
must grant him such permit to conduct
said business under said license.
Moral Character of Licensee.
No license shall be issued to any per-
son who had or has ever been con-
victed of a felony in the State of Ore
gon, or i'm any State of the United
States of America; nor shall any Ii
cense be issued to any person who has
ever forfeited a license of a similar
kind in any other city of the United
States of America because of a viola
ton of any OF the laws of the State in
which such city was located. or be-
cause of a violation of any of the ordi-
nances of the city.
Renewal OF License.
When a license has been duly and
legally and regularly issued under and
by virtue of the terms Of this ordi-
nance. the same shall be subject to
renewal at the end Of the term there
in named, by the giving Of a new bond
as herein provided for in reference to
the first bond of the applicant. and by
a written application therefor. made
as herein provided for in regard TO the
original application, and by the pay
ment Of the license fee as herein pro-
vided for; and. it shall be the duty Of
the City Council of said city to grant
such renewal Of such license upon the
fling Of such bond and application,
and the payment Of such license fee.
provided, the person holding such IL
,ense has. at all times. complied with
he terms and conditions OF this ordi-
nance. and has conducted his business
In an honest. legitimate, and orderly
manner. A conviction OF any thing
made an ofense by the provisions Of
his ordinance shall be deemed suffi-
,ient grounds for refusing to permit or
1rder a renewal Of such license. How
sver. nothing contained in this ordi-
nance. shall be taken TO mean that the
light Of the people is hereby abridged
lr lnfringed upon 70 prohibit the IS
-uance Of any licenses by a majority
-ote thereon. the object of this pr0vis-
on being 20 protect the holder OF such
license in his rights 50 long as he con-
iucts himself a. required by the ordi-
lances Of this city. and 20 make bis
continuation ir business dependent 4
.oiely upon his good behavior and up
N the majority vote Of the people.
Auditor shall Collect