The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1933-04-07
nth or without the consent of the

with or without the consent of the
Council.
No license shall be granted to any
manufacturer OF non-intoxicating malt
liquor nor to anyone interested in the
control Of any such place and no equip
ment or fixture in any licensed place
shall be owned in whole or in part
by any such manufacturer.
No license shall be granted within
300 feet Of any public school nor within
300 feet Of any church.
Licenses shall be granted only to
persons who are citizens Of the United
States and residents of the City of
Ely and to persons Of good moral
character.
Section 8. Clubs. No club shall sell
liquor except to members and to guests
In the company of members.
Section 8. No Bar, Partition, Box or
Screen Permitted. In any place licensed
for ION sales" the liquor sold shall be
served and consumed at tables in the
dining or refreshment room of the
cafe, restaurant, hotel or club, and
shall not be consumed or served at bars;
provided the same may be served at
counters where food is regularly served
and consumed. All windows in the
front Of any such place shall be of
clear glass, and the view of the whole
interior shall be unobstructed by screens,
curtains or partitions. There shall be
no partition, box, stall, screen, curtain
or other device which shall obstruct
the view OF any part of said room from
the general observation of persons in
said room; provided, however, that par
titions, subdivisions or panels not higher
than forty-eight inches from the floor
shall not be construed as in conflict
with the foregoing; and provided, how
ever, such license shall entitle the
holder thereof to serve intoxicating
malt liquors in a separate room of such
restaurant to banquets or dinners at
which are present not less than six
persons.
Section 10. Revocation. Any license
granted hereunder may be revoked by
the council without notice to the
grantee or hearing may first be held
by the council and the revocation then
made for cause. Any violation of any
provision or condition of this ordinance
or any Justification Of any statement in
the application shall be ground for re-
vocation. No portion of the license fee
paid into the city treasury shall be
returned upon revocation.
Section IL. Repeal and Prohibited
Sale. All ordinances or provisions
thereof of the city in conflict with any
of the provisions hereof are hereby re-
pealed. Nothing hereunder shall per-
init the manufacture, sale or transpor-
tation, or keeping or having in posses
sion for sale or transportation of, or
taking or receiving, or soliciting, any
order for any liquor of a greater
alcoholic content than three and two
tenths by weight except for medicinal,
pharmaceutical or scientific purposes,
and any such act is hereby made unlaw-
full. Any violation of this provision
upon any premises licensed hereunder
shall also constitute grounds for re-
vocation fof the license, and the same
shall be automatically revoked upon a
conviction Of the violation of this pro-
vision.
Section. IL. Penalty. Any. person
violating any provision of this ordinance
shall be guilty of a misdemeanor, and
upon conviction thereof shall be
punished by fine of not more than
one hundred dollars ($100O0), or in
default of such payment shall be i'm
prisoned in the city lookup Cor county
jaiD for not to exceed three 90 months,
plus the costs of prosecution in any
case.
Section Is. Take Effect Under the
power given to them so to do by
Chapter 13, Section 112 of the Charter
of the City of Ely, the city council does
hereby declare that this ordinance shall
go into effect Immediately as an urgent
and necessary emergency measure,
necessary for the preservation of the
public peace, health and safety. The
city council. so decides because of the
unprecedented situation which devolves
due to the rapid manner in which the
State has nullified State and local or
dinances with the resultant undecided
status of local and, state laws which
status this ordinance is to remedy in
regard to city jurisdiction over the
question.
Passed this 4th day of April, 1888.
JOHN A. HARRI,
(SeaD Mayor.
Attest: A. o. KNUTSON, City Clerk.
Recorded April A, 1888.
Published April z, 1888.
A. o. KNUTSON, City Clerk.
ORDER TO EXAMINE FINAL AC-