The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1926-04-09
THE COUNCIL OF THE CITY OF
ELY DO ORDAIN:

this ordinance the words "Manufac-
ture", "Sale", disposition CT
Transportation of, "or having in
possession, cor keeping for sale",
Intoxicating Liquor or Liquors,
Nuisance, shall have the same
meaning and definition and be con
strued as such words are defined
and construed by chapter ASS, SEES
sion Laws of Minnesota, for the
year 1919, and acts amendatory
thereto.
Section 2. The manufacture or
sale or transportation of, dispo i
ton of or the keeping or having
in possession for sale of any guam
tity or kind of Intoxicating Equo ),
within the limits of the City of Ely,
is unlawful and is prohibited.
Section g. 1t shall be unlawful
within the limits of the City of Ely,
for any person to maintain a MUS
ance.
A Nuisance within the meaning
of this ordinance shall include the
premises and every place whera
liquor in any quantity is manufa :
tured or sold or kept or had for
sale, or where any order therefor is
taken, eceived or solicited, contrary
to the provisions of this ordinance,
or the constitution or laws of the
State of Minnesota or the United
States, or where there is a still,
apparatus, implement, machine, de-
vice, container, utensil or thing, or
any tablet, compound, substance
or matter or materials of any kiad
or nature, whether LIQUID or soli1,
or formula recipe, or direction, any
of which is apparently designed or
intended for use, or used therein
for or in connection with the manu-
facture or sale of Intoxicating
liquor or any violation of this or
dinance or of the constitution o.
the laws of the State of Minnesota
or the United States, relating to; in
toxicating LIQUOR. Provided, that
where the provisions of this ordin-
ance are inconsistent with the pro-
visions of the law of the State of
Minnesota, in chapter ASS. Session
Laws 1919, and acts amendatory
thereto, suspending the operation of
said State law, such provisions
this ordinance shall also be suspend.
ed.
Section a. Upon complaint be-
ing made before the Municipal
Court of the City of Ely, charging
any person with manufacturing,
selling or keeping, or having in pos
60 IL Loxyin- L.
possession in any place or on any
premises, any Intoxicating liquor, or
any still, apparatus, implements,
machine, device or contrivanca,
utensil or any compound of any
kind, in violation of any of the pro-
visions of this ordinance, or of the
constitution or laws of the State of
Minnesota and the United States, re-
lating to intoxicating liquors, or de
signed or intended for use or used
in committing a violation of this
ordinance, the. constitution of the
State of Minnesota and of the
United States, or with the keeping
or maintaining Nuisance, and pa--
ticularly describing the premises or
place; the Court in addition 10
issuing a warrant for the arrest of
such person shall also issue a search
warrant commanding an officer %
search such premises or place and
seize and hold subject to the order
of the Court all liquor, and every
bar, bar fixture, vessel, jug, con
tainer or receptacle of any kind,
and every still, apparatus, impli-
ment, machine, device, CONTINUANCE,
utensil or thing, and every. tablet,
compound or substance and all MAJ
ter and material of amy kind,
whether liquid or solid, and everv
formula, recipe or direction found
therein, any Of which is apparently
kept, had or possessed or manufac-
tured or sold in violation of any
provision or part of this ordinance,
the constitution and laws of the
State of Minnesota, and of the
United States, relating to intoxicat-
ing liquor or any of which apparent
ly are designed or intended for or
used for or in connection with any
violation thereof
Section 5. If any person in. ~
action brought pursuant to the pro-
visions of this ordinance and a
violation thereof, be convicted, the
liquor and every tablet, compound
or substance and all matter and
material of any kind, and every
still, apparatus, implement, machine,
device, continuance or utensil found
on the premises, any of which con-
stitutes or is designed or intended
for use or used for or in, or in
connection with the nuisance or
with the commission of the offensc
charged and for which the defend
ant was convicted, shall be de-
stroyed by the officer Selling the
same upon the order of the Courr.
Section g. Any person violating
any of the provisions of this ordln
ance shall, upon conviction of such
violation be punished by a fine of
not less than fifty dollars, and not
more than one hundred dollars, Il
by imprisonment of not exceeding
three months.
Section 7. This ordinance shall
take effect and be in force ten
days from and after its passage and
publication.
Passed April 6, 1926.
(signed) E. w. HANSON,
(SeaD Mayor.
D., h,;shaa Anril O 1905 =