HomeMy WebLinkAbout005 - 02/10/1923 - RELATING TO INTOXICATING LIQUORS PURSUANT TO THE PROVISIONS OF CHAPTER 98 OF THE SESSION LAWS OF THE ORDINANCE NO 1923
BEING AN EMERGENCY ORDINANCE RELATING TO IiTOXICATIIvG LIZUORS PURSUANT
TO THE PROVISIOiNS OF CHAPTER 98 OF THE SESSIOZT LAPS OF THE STATE OF
COIARADO OF 1915, AND ALT, 07 THE AMEMENTS THERETO
BE IT ORDAINED By TIE CITY COONCIL OF THE CITY OV FC)RI COLLINS
Section 1 Pursuant to the authority contained in Chapter 98 of
the Session Laws of 1915 it shall be unlawful for any person, association,
or corporation within the corporate limits of the Citi of Fort Collins
yo manufacture for sale or gift any intoxicating liquors or to imnor
into the City of Fort Collins any intoxicating liquors for sale or gift
or for any person, association or corporation �%ithin the corporate limits
or sale
of the City of Fort Collins to sell or keep] or offer any intoxicating
liquors for sale, bar er or trade or for any person association or
corporation to keep or have in his or its possession for personal use or
otherwise any intoxicating liquors or permit anoth-r to have or seep
or as intoxicating liquors on any premises owned or controlled by him or
to give awV or furnish any intoxicating liquors to another within the
corporate limits of the City of Fort Collins
Section 2 Any police officer of the city or state officer or
any other officer having Ialowledge or reasorable information that intoxicating
liauors are being kept in violation of this ordinance or the laws of the
State of Colorado in any place except a home as provided in C-apter 141
of the Session Laws of the Sta a of Colorado of 1919 shall search such
suspected place without a warrant and withoat any affidavit being filed, and
if sucn officer finds apon the premises intoxicating liquors he shall seize
the same togetne^ with the vessels in with ch they are contained and shall
take sach person or persons with the liquors ies�els contrivance th ng or
device so seized for+hivith as soon as convenient, before the Judge of the
ICI nicipal Court of the Citv of Fort Collins, having jurisdiction as herein
provided to try cases for violation of this ordinance, and such officer shall
,at%out fail make and file a comnlairt for sucn violat on of this ordinance
as the evidencs ,justifies It shall be lawful for officers in executing the
duties imposed by this section to break open doors or enclos-res for t-ie
purpose of obtaining 'possession of sack intoxicating liquors
Section 3 There snall be no roronerty rights of any kind whatsoever
in any liquors, vessels, appliances, contrivance or other thing or device used
in or lmpt for the purpose of violating any of the provis ons of this ordinance
Section 4 In all prosecutions under +his ordinance, the possession of
intox.Lcating liquors by any person, association or corporation e.c,ept as provided
in Chapter 141 of the Session Laws of Colorado of 1919, shall be deemed a
violation of this ordinance
Section 5 The Municipal Court as created by Article RI of the City
Chester of the City of Fort Collins, as amended April 6, 19203 is hereby
vested witn exclusive orig_nal ,jurisdiction of all causes arising under the
violations of this ordinance
Section 6 Any person, association or corporation who shall violate
any of the provisions of this cr dinance shall be deemed guilty of a mis-
demamor and upon conviction thereof shall be punished by a fine of not less
than one 'tundr�d dollars nor more than three hundred dollars toge ner with
costs of salt or by imprisonment in the county ,jail not less than tq rty days
nor more than ninety days, in the discretion of the municipal judge
here
Section 7 All ordinances and par s of ordinances in conflict/with
are hereby repealed save and except any causes of action which eccr•ied in
favor of the city prior to the taking effect of this repeal may be Arosecuted
by the city as though no repeal had been made of such ordinances or carts of
ordinances
Section 8 In the opinion o-P the Ciov "ouncil an emergency exists
for the preservation of the public health, peace and safety and th s ordinance
v
shall aze effect anon its passage and publ cation ander and by virtue of the
authori y contained in Sections 6 and 7 of Article IV of the City Cnarter
Introduced, lead at length and adopted by the unanimous vote of
all members of the 8ity 8ouncil 4-Lis loth day of February, A D 1923
FM
o ssioner of Safety dnd ExOfficio
Yayor
ATTES"
Oil-; Clerk
STAT2 OF COLORAT'O )
) SS
COJ'ITY OF IA RIMER )
I, A J ROSEXIa City Clerk of the Cit.7 of Fort Collirs, do
hereby certify and aeclare that the foregoing ordinance, corsistirg of
eight (8) sections, was duly proposed and read at length at a reg+)lar
meeting of ha City Counr-il held on *ne 10th day of February A D 1923
and was dulv adopted and ordered riblished in the Fort Collirs Courier
a dtilr newspaper and the official nowsp4er of the City of Fort
Collins, by the unanimous vote of all the members of the City Coancil,
,s an emergency ordinance, in accordance with the provisions of Sections
6 and 7 of�Article IV of the City Charter and thereafter, and on towit
the lid day of _ X _ A D 1923 said Ordinance
710 (,-5-- was duly published in t1na Fort Collirs Courier, a daily
newspaper published in the City of Fort Collirs, Colorado
I-T 77ITNESS 1V1E1:?_CF, I have hereunto het my hand and affixed
t)e seal of said City this day of —sjW A D 1923
City Clerk