The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-10-12
Ordinance No. 400

An ordinance TO define a certain char
acter Of nuisances and to provide the
method and procedure for the spare-
ment of saniet
Be 1t ordained, by the commission OF the
city of Birmingham, as follows:
Section /. That the following are mere
by declared to be common nuisances ana
may be designated as liquor nuisances'
"a. Any rooms or structures used for the
unlawful manufacture, sale, FURNISHING,
distilling, ~rectifying, brewing or Keeping
of liquors or beverages that are pronip-
tied by the ordinances OF the city OF BIZ
mingham to be manufactured, sold or
otherwise disposed of; (0 all houses,
shops or places where such prohibited
liquors and beverages. or any OF tnem'
are sold, bartered, exchanged or other
wise disposed of. to be drunk on or near
the premises, or where such prohibited
liquors, liquids or beverages are kept TOT
the purpose of sale or other disposition
thereof in violation of law; 80 all places
of resort where persons are permitted
to resort for the purpose of drinking such
liquors or beverages on or about the
pemises; "a any unlawful drinking place
that Is kept or maintained in violation OF
the ordinances of this city; % all restau-
rants, hotels and public eating places
where the prohibited liquors and bev-
erages or any of them, are sold or served
for beverage purposes; (o) all places
where business is carried on by whole.
sale or retail dealer in liquors or by a
wholesale or retail dealer in malt liquors.
or by brewer or distiller or rectifier of
spirits in violation of the ordinances OF
this city; "a all warehouses or storage
places where the prohibited liquors and
beverages, or any of them, are kept or
stored or received on consignment or for
distribution or delivery. contrary to- the
ordinances Of this city.
Sec q That it shall be unlawful for
any person, firm or corporation to main
tain or aid or abet in maintaining any
such nuisance as is defined in section l
of this ordinance, within the city of Biz
mingham or the police jurisdiction there
of, and any person. firm or corporation
violating any provision of this ordinance
shall, upon conviction. be punished by a
fine of not less than $50 and not more than
$780, to which may be added imprison-
ment at hard labor upon the streets or
public works or house of correction of
the city for not exceeding six months.
Sec. 3. On complaint in writing, Under
oath, being made by any person alleging
that certain person or persons or a
certain firm or corporation, naming them.
are guilty of maintaining or aiding or
abetting in maintaining nuisance, such
as Is described in section / of this ordi-
nance. describing the house and giving
the location thereof, the recorder shall
appoint q day for the hearing of said
complaint or charge and shall issue his
warrant against the person or persons
complained Of commanding the chief of
police, or any police officer. to have such
person or persons before the recorder on
said day to answer said complaint. And
If, upon said trial, the recorder finds the
person or persons SO charged guilty of
maintaining or aiding or abetting in main
tanning such nuisance, 1T shall be the duty
Of the recorder to render Judgment 10 that
effect and to make an order requiring the
person or persons SO found guilty TO
abate such nuisance and abandon said
house within IS hours. and he shall cause
the complaint. warrant and Judgment to
be recorded by the clerk of his court.
II the person or persons so found guilty
shall refuse or fail to abate said nui-
sance and vacate said house at the ex-
piratlon Of Is hours, it shall be the duty
of the recorder in whose court such
cause is tried to make an order requiring
the chief of police to put said person or
persons so found guilty, and any NOV
able property belonging to such person
or persons and used by them in any
manner in connection with the mainte-
nance of such nuisance. out of said house.
and the chief of police must forthwith
execute said order, and it shall be UNI
lawful for any such person or persons so
put out of said house to return thereto
within three months thereafter.
Sec. L. That when any person. firm or