The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1937-10-14
new ORDINANCE
FOR 81 PLACES
Model Ordinance Drafted by
Attorney Generals Office
for 80 Taverns.

William Mahoney has announced that
the form of model ordinance for 81
malt liquor licenses, drawn up by the
Attorney Generals office will be sent
this week to all county, city and village
governing bodies for consideration and
action. The commissioner visited Ely
a week ago on his inspection tour OF
towns and cities in the state.
Mr.. Mahoney stated, while I have
no jurisdiction over 80 malt beverage
dispensarieS, their proper and legal OPP
Grafton is vital to the successful ad-
ministration of the Liquor Control Act.
Many of these diSpenSaries are con-
Quoted at present in competition with
the duly licensed liquor dealers. They
are unfair competitors as they sell IN
toxicating liquor without license and
without regulation or limitations. Some
of them sell Intoxicating liquor without
regard to the proper hours for sale and
sell to minors and drunken persons.
This practice constitutes menace to
the public welfare and to the legitimate
liquor industry"
Chapter 116 of the 1888 Session Laws
providing for the licensing of So-called
notwithstanding malt liquors, deslg-
mates restaurants, hotels, drug stores
and bona fide clubs as the only places
where these licenses may be granted,
and vests the local authorities with the
sole right to grant such licenses. In
many instances, these provisions OF the
law have been disregarded by local
licensing authorities who have issued
licenses to all sorts of places and in
many cases the sale of 80 beer has be-
come the main business. Finding it i'm
possible to obtain livelihood from such
business, many of the dealers have il
legally added intoxicating liquor, gamb-
ling machines and in few cases in the
state, lewd women to supplement their
main line of activity, and they have
become pest holes of vice and lawless-
ness
Because the illegal activities of the
80 beer joints have cast such an evil
shadow over the entire liquor industry
and tend to bring it into disrepute and
Commissioners Office, am constrained
to take definite action to eliminate the
beer dispensaries from the Intoxicating
liquor field"
1.-THE model ordinance drafted by the
Attorney Generals office contains al
the provisions of the State Law ano
provides for vital prohibitions which viii
effectively control the 80 dispensaries
These provisions are:
/. No license issued to dealer who
has $500 Federal Tax Receipt, unless
licensed to sell intoxicating liquor
2. Unqualified right of police officer.
to search the premises at any time
during business hours and seize all in.
toxicating liquor found.
g. The presence of Intoxicating
liquor is prima facie evidence of pos.
session for sale and automatically re.
vokes and annulS the license and put.
the dealer out of business.
f. Prohibition against selling soft
drinks for mixing purposes and the
spiking of beer"
1.-THE adoption of this ordinance with
the aforementioned provisions makes
the conduct of the Iicensee determine
whether or not he will stay in the beer
business. The provisions of the license
make it self-acting and any violation
will result in its automatic revelation. ,
81 am urging every notwithstanding
malt liquor licensing authority to adopt
this form as an ordinance if a city OF
village, and resolution if county COM
miSSioners, Immediately, and insist on
strict compliance with it's provisions
This will relieve the licensing authori-
ties of the necessity of formal action
of revoking licenses or judicial pro-
cedure. 1t will relieve the officials OF
the threat of retaliation that influential
liquor licenses might attempt to exert
in case of loss of their beer licenses"
Commissioner Mahoney declared, "Ii
this ordinance is generally adopted
throughout the state, feel sure that il
will be much easier to regulate and con.