HomeMy WebLinkAbout005 - 04/10/1936 - REPEALING ORDINANCE NO. 005, 1923, RELATING TO INTOXICATING LIQUORS, AND MAKING THE SALE OF INTOXICA ORDINANCE NO 1936 )
BEING AN EMERGENCY ORDINANCE REPEALING ORDINANCE NO 51 1923,
RELATING TO INTOXICATING LIQUORS , AND MAKING THE SALE OF INTOXICAT-
ING LIQUORS WITHIN THE CORPORATE LIMITS OF THE CITY A VIOLATION OF
LAW
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS
Section 1 It shall be unlawful for any person,
association or corporation, within the corporate limits of the
City of Fort Collins, to manufacture for sale or gift any
intoxicating liquors, or for any person, association or corpora-
tion within the corporate limits of the City of Fort Collins ,
to sell or keep for sale or offer intoxicating liquors for
sale , barter or trade or for any person, association or corpora-
tion to transport or deliver or have in his or its possession for
the purpose of sale , any intoxicating liquors within the corporate
limits of the City of Fort Collins
Section 2 Any police officer of the City or State
peace officer, or any other officer, having knowledge or reasonable
information that intoxicating liquors are being kept within the
City of Fort Collins , in violation of this Ordinance , or of the
laws of the State of Colorado , in any place except a home , may
search such suspected place , without a warrant , and without any
affidavit being filed, and if such officer finds upon the premises
intoxicating liquors , he shall seize the same together with the
vessels in which they are contained, and shall take such person,or
persons , liquors , vessels , contrivances , thing or devise so seized
forthwith , as soon as convenient , before the Judge of the Municipal
Court of the City of Fort Gollins , and such officer shall make and
file a complaint for such violation of this Ordinance as he believes
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that the evidence justifies It shall be lawful for officers
in executing the duties imposed by this section to break open
doors or enclosures for the purpose of obtaining possession of
such intoxicating liquors
Section 3 The possession of an internal revenue
stamp or tax receipt issued by the United States Government or the
licensing authority of the State of Colorado permitting or relating
to the sale of intoxicating liquor by any person, association or
corporation or a certificate from the Collector of Internal
Revenue , or any of his agents , clerks or deputies , showing the
payment of any1such internal revenue tax by any such person,
association or corporation, or a certificate , receipt oT license
issued by authority of the licensing authorities of the State of
Colorado shall be prima facie evidence of the violation of this
Ordinance
Section 4 Any person, association or corporation
who shall violate any of the provisions of this ordinance , shall
be deemed guilty of a misdemeanor and upon conviction thereof shall
be punished by a fine of not less than one hundred dollars , nor more
than three hundred dollars , or by imprisonment in the city or
county jail not less than thirty days nor more than ninety days ,
in the discretion of the Municipal Judge
ate*✓
Section 5 Ordinance No 5 , 1923 V all ordinances
and parts of ordinances in conflict herewith are hereby repealed,
save and except any causes of action which accrued in favor of the
City prior to the taking effect of this real may be prosecuted
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by the City as though no repeal had been made of such ordinances
or parts of ordinances , and save and except any cases which have
been appealed to the County Court from the Municipal Court
Section 6 Any provision, or section, or phrase
of this Ordinance , or the application thereof to any person or
circumstances , if held invalid , such invalidity shall not affect
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other provisions , sections ,phrases or application of the
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Ordinance , which can Agiven effect without invalid provisions
or application, and to this end the provisions of this Ordinance
are declared to be severable The City Council hereby declares
it would have adopted sections sentences and phrases hereof
regardless of the invalidity or partial invabidity of any other
section, sentence or phrase of this Ordinance
Section 7 In the opinion of the City Council
an emergency exists for the preservation of the public health ,
peace and safety, and this ordinance shall take effect upon its
passage and publication, under and by virtue of the authority
contained in Sections 6 and 7 of Article IV of the City Charter
Introduced, read at length and adopted by the
unanimous vote of all members of the City Council , this loth
day of April , A D 1936
Mayor
Attest
City Clerk
STATE OF COLORADO , )
ss
County of Larimer )
I , J D McINTYRE, City Clerk of the
City of Fort Collins , do herebj certify and declare that the
aforesaid Ordinance consisting of seven ( 7) sections , was
duly proposed and read at length at a regular meeting of the
City Council , held on the loth day of April A D 1936 , and
was duly adopted and ordered publisned in the Fort Collins
Express-Courier , a daily newspaper and the official newspaper
of the City of Fort Collins by the unanimous vote of all members
of the City Council , as an Emergency Ordinance , in accordance with
the provisions of Sections 6 and 7 of Article IV of the City
Charter and thereafter and on to-wit the lath day of Aril,
A D 1936 , said Ordinance No 5 was duly published in the
Fort Collins Express-Courier, a daily newspaper published in the
City of Fort Collins , Colorado
IN WITNESS VFHEREOF , I have hereunto set my
hand and affixed the seal of said City, this 13th day of April ,
A D 1936
City WerF