OTS 
 
MANUFACTURE AND SALE 
 
 INTOXICATING LIQUORS 
 
 CHAPTER 106, LAWS OF UTAH, 1911 
 
 AS AMENDED BY 
 
 CHAPTERS 79 and 81 
 LAWS of UTAH, 1913 
 
 1 800 
 
 PUBLISHED by the 
 SECRETARY OF STATE 
 
M<s 
 
 ■ \n A 
 
 Manufacture and Sale of Intoxica- 
 
 Liquors 
 
 AN ACT relating to the manufacture, sale, exchange, barter 
 and disposition of intoxicating liquor; providing for the 
 licensing and regulation of the same; providing for elec¬ 
 tions in cities, towns and county units to determine 
 whether the sale of intoxicating liquors shall be prohibited 
 therein; permitting sale in cities and towns until a ma¬ 
 jority of voters vote “Against sale,” and prohibiting sale 
 in county units until a majority of voters vote “for sale,” 
 applying to such elections Chapter 10, Tile 21, Compiled 
 Laws of Utah, 1-907, and also the provisions of the Gen¬ 
 eral Election Laws of the State; providing penalties and 
 punishment for the violation of any of the provisions of 
 
 this Act; declaring certain rules of evidence and pleading 
 applicable to prosecutions under this Act; providing 
 means for the enforcement of the provisions of this Act; 
 saving to city councils, boards of county commissioners 
 and boards of town trustees, the power to make further 
 regulations and restrictions, in addition to, but not in con¬ 
 flict with the provisions of this Act; repealing Sections 
 1242 to 1260, both inclusive, and also sections 126Qx and 
 1260x1, Compiled Laws of Utah, 1907. 
 
 Be it enacted by the Legislature of the State of Utah: 
 
 Section 1. Manufacture, sale, etc., of intoxicating 
 liquor prohibited,, without license. Penalty. Any per¬ 
 son who by himself, his clerk, servant or agent shall 
 for himself, or any person else, directly or indirectly, 
 or upon any pretense, or by any device, except as pro- 
 vided by law, manufacture, sell, exchange, barter, dispense, 
 , serve, give away, give in consideration of the purchase of any 
 ^ property, or of any service, or in evasion of this act, or keep 
 {/) for sale, any intoxicating liquors with intent to violate the 
 law, within dry territory, or solicit, take or accept any order 
 to effect or commit any of the foregoing acts, within dry ter¬ 
 ritory, or for the shipment, service or delivery of any such 
 liquor, contrary to law, or own, keep, or be in any way con- 
 
2 
 
 cerned, engaged, or employed in owning or keeping any in¬ 
 toxicating liquors, in dry territory, with intent to violate any 
 provision of law, or to authorize or permit the same to be 
 done, in dry territory, shall be deemed guilty of a misde¬ 
 meanor. 
 
 Any person who shall manufacture, sell, exchange, barter, 
 give away or otherwise furnish intoxicating liquors in wet 
 territory, without first procuring a license so'to do, as pro¬ 
 vided by law, shall be deemed guilty of a misdemeanor. 
 
 Section 2. Definition of Terms. The terms “intoxicat¬ 
 ing liquors” as used in Chapter 106, Laws of Utah, 1911, shall 
 be construed to mean any spirituous, vinous, fermented or 
 malt liquor that may be used as a beverage and produces in¬ 
 toxication, and all mixtures or preparations thereof that may 
 be used as a beverage and produce intoxication. 
 
 The words “dry territory” as used in the law relating to 
 the manufacture and sale of intoxicating liquor, shall be con¬ 
 strued to mean all territory within the State except such vot¬ 
 ing units wherein an election has been held and the majority 
 of the qualified electors have voted “for sale.” 
 
 The words, “wet territory,” as used in the law of this 
 State relating to the manufacture and sale of intoxicating 
 liquors shall be construed to mean such voting units wherein 
 an election has been held and the majority of the qualified 
 electors have voted “for sale.” 
 
 Section 3. Who may grant licenses. The city councils 
 of cities of the first and second class in their respective cities 
 under and by order of the District Court of the county in which 
 said city or cities may be situate as in this act provided and 
 the city councils of cities of the third class, in their respective 
 cities, and the boards of trustees in incorporated towns are 
 hereby authorized to grant licenses for the manufacture or 
 sale of intoxicating liquors, as in this act provided. 
 
 The boards of county commissioners in their respective 
 county units shall have no- authority, except as in section 4 
 of this act provided, to grant licenses for the manufacture 
 or sale of intoxicating liquors; provided, that in case a ma¬ 
 jority of the voters voting at any election in any county unit 
 vote “For Sale,” as hereinafter provided, then licenses may 
 be issued by the boards of county commissioners of the coun¬ 
 ties so voting, under the terms of this act; provided further, 
 
3 
 
 that no license shall be granted by any board of county com¬ 
 missioners for the sale of intoxicating liquors at any place 
 within five miles of any city or town voting “Against Sale.’’ 
 
 Any application for a license to sell intoxicating liquors 
 may be refused for good cause in the discretion of the Dis¬ 
 trict Court of the county in which the city of the first and 
 second class wherein license is sought may be situate, the 
 city council of the city of the third class, the board of trustees 
 of the town or the board of county commissioners of the 
 county. 
 
 In cities of the first and second class, after the bond of 
 the applicant shall be approved as herein required, the appli¬ 
 cation for a license together with the bond shall be filed 
 promptly by the city recorder of the city wherein the appli¬ 
 cation is made with the District Court or the clerk thereof of 
 the county in which said city is located and upon the District 
 Court in such county making an order that the license shall 
 issue upon such application the clerk of the court shall trans¬ 
 mit a certified copy of such order and the copy of the appli¬ 
 cation and bond to the city recorder of the city wherein the 
 application is made; whereupon the city council of such city 
 shall cause the license to issue as herein authorized and no 
 such license shall issue until the District Court has made the 
 order herein specified. 
 
 Section 4. Manufacturers. None of the provisions of this 
 act shall be construed as prohibiting or intended to prohibit 
 the manufacture of intoxicating liquors or the disposal thereof 
 at wholesale at the place where manufactured and any manu¬ 
 facturer thereof shall have the right to manufacture and dis¬ 
 pose of the same at wholesale at the place where manufactured 
 by obtaining a license therefor and by complying with the 
 other provisions of this act, and of all other laws of this 
 State relating to the manufacture of intoxicating liquors and 
 the sale thereof at wholesale, notwithstanding the result of 
 any election provided for in this act in any voting unit cre¬ 
 ated hereunder; provided, that no license shall be issued to 
 any manufacturer who was not legally engaged in the manu¬ 
 facture of intoxicating liquor at the time of holding any elec¬ 
 tion at which a majority of the voters vote “Against Sale.” 
 
 Section 5. To whom licenses may not be issued. Ex¬ 
 ceptions. No license under this act shall be granted to any 
 
4 
 
 person except to a male person over twenty-five years of age, 
 or to 1 a partnership consisting of male persons, all of whom 
 are over the age of twenty-five years, nor to any applicant 
 who is not a citizen of the United States, and of the State of 
 Utah, nor who does not possess a good moral character, nor 
 to any person or partnership who is not the owner of at least 
 all of the personal property used in the conduct of the busi¬ 
 ness for which the license is granted as a retailer, nor when 
 such property is incumbered in excess of one-half of its ac¬ 
 tual value, which incumbrance shall not be voluntarily in¬ 
 creased during the term for which a license is granted; nor 
 to any person, either directly or indirectly, who- is a member 
 of any city council, board of trustees or board of county com¬ 
 missioners in any. city, town or county in which such license 
 is applied for; nor shall any license be granted to sell intoxi¬ 
 cating liquors in any place, except to a drug store or hotel, 
 which is located within three hundred feet of any public school 
 or church, nor outside the limits of the business district of 
 any city or town. The mayor and city council in their re¬ 
 spective cities, and the board of trustees in their respective 
 towns, shall from time to time determine and fix such limits 
 for the purposes of this act. No license shall be granted to 
 any person or partnership if such person or any partner of 
 such firm has previously violated or has been convicted of vio¬ 
 lation of any of the provisions of this act, or who' is an 
 habitual drunkard or is addicted to the use of intoxicating 
 liquors to excess, nor shall any retail license be granted to 
 any corporation, except to bona fide clubs. Such club license 
 shall, however, be granted in the name of some individual 
 member to be designated in the application as the applicant 
 for the license, and who shall possess the qualifications, ex¬ 
 cept ownership of property, required by this act of individual 
 applicants, and who shall be responsible, both civilly and 
 criminally, in case of any violation of any of the provisions 
 of this act, the same as any individual licensee under this 
 act would be. 
 
 Licenses may, however, be granted to individuals, part¬ 
 nerships or corporations engaged in the manufacture of liquors 
 or sale at wholesale only. 
 
 Section 6. Definition of terms used in this act. A 
 
 “Dwelling House” is defined as a place used as a home of a 
 
5 
 
 family, but shall not include any building in which a tavern, 
 eating house, rooming house, store, or other place of public 
 resort is kept. 
 
 A “Brewer” is defined as a person, partnership or corpor¬ 
 ation engaged in manufacturing fermented or malt liquors and 
 disposing of the same. 
 
 A “Vintner” is defined as a person, partnership or corpor¬ 
 ation engaged in manufacturing wine from grapes. 
 
 A “Distiller” is defined as a person, partnership or cor¬ 
 poration engaged in manufacturing distilled spirits and dis¬ 
 posing of the same. 
 
 A “Hotel” is defined as a place or house, containing 
 twenty-five or more rooms for entertaining strangers or trav¬ 
 elers. 
 
 A “Club” is defined as a corporation formed solely for 
 business or social purposes, and which may incidentally de¬ 
 sire to dispose of intoxicating liquors to its members and their 
 bona fide guests only, which is the bona fide owner of real 
 property of at least $5,000 in value and whose annual member¬ 
 ship dues amount to not less than $12 per year. No- organi¬ 
 zation, not duly incorporated, shall be regarded as a club. 
 
 A “Druggist or Pharmacist” is defined ‘as a person, part¬ 
 nership or 'corporation which compounds or disposes of drugs 
 or medicines, and in the course of its business also disposes 
 of intoxicating liquors not to be consumed upon the premises. 
 
 A “Wholesale;Dealer” is defined as a person, partnership 
 or corporation which disposes of intoxicating liquors in 
 quantities not less than five wine gallons, except to a duly 
 licensed liquor dealer. 
 
 A “Retail Dealer” is defined as a person or partnership 
 which disposes of intoxicating liquors in quantities of less 
 than five wine gallons, which may be consumed on the prem¬ 
 ises. 
 
 Section 7. Amount of license to be fixed. Limit. City 
 councils, boards of trustees and boards of county commission¬ 
 ers shall fix the amounts to be paid for licenses within the 
 following limits: For annual licenses, excluding cost and 
 expense incident to application for license; 
 
 Retail dealer, not less than $600 and not more than $2,000; 
 
 Wholesale dealer, not less than $400 and not more than 
 
 $ 1 , 000 ; 
 
6 
 
 Distiller, not less than $400 and not more than $1,000; 
 
 Druggists or pharmacists, in voting units voting “For 
 Sale/’ not less than $200 and not more than $600; 
 
 Brewers operating a brewery with an annual capacity not 
 exceeding five thousand barrels, not less than $250; with an 
 annual capacity over five thousand barrels and not exceeding 
 twenty-five thousand barrels, not less than $500; with an an¬ 
 nual capacity of over twenty-five thousand barrels, and not 
 exceeding fifty thousand barrels, not less than $750; with an 
 annual capacity over fifty thousand barrels and not exceeding 
 seventy-five thousand barrels, not less than $1,000; with an 
 annual capacity of over seventy-five thousand barrels, not 
 less than $1,250 per annum. 
 
 Clubs, not less than $400 and not more than $2,000. 
 
 Section 8. License to be paid to treasurer of city, town, 
 or county. Term. No license shall be granted or become ef¬ 
 fective until the applicant shall have paid to the treasurer of 
 the city, town or county within which the license is granted, 
 and shall have presented to the city council, board of trustees 
 or board of county commissioners, the official receipt of such 
 treasurer showing that the applicant has paid into the treasury 
 of such city, town or county, the amount of money required 
 by law or ordinance for a license. No license shall be granted 
 for a longer term than one year, nor for a shorter term than 
 three months; and all licenses for a period less than one 
 year, except as otherwise provided in this act, shall be at 
 the rate of not less than two hundred dollars for each and 
 every month, or fraction thereof. Where licenses are granted 
 for the whole year, or for a period of six months or more, the 
 amount of the license may be paid in quarterly installments, 
 and if so paid must be paid not later than noon of the first 
 day of April, July, October and January. No license for a 
 club shall be granted for less than the annual license fee, re¬ 
 gardless of the period for which the same is granted. 
 
 Section 9. Applications. Contents. All applications for 
 licenses shall be filed with the city recorder, town clerks, or 
 county clerks, as the case may be, and such applications must 
 state the applicant’s name in full, and that he has complied 
 with the requirements, and possesses the qualifications speci¬ 
 fied in section five of this act, and if the applicant is a co-part- 
 
7 
 
 nership the names of all the partners must be stated. In case 
 of a club, the application must state the general object or pur¬ 
 pose thereof, and must also state that the sale of liquors will 
 be strictly confined to the members thereof and their bona 
 fide guests, and will be sold only for consumption in the club 
 rooms. All applications must be subscribed by the applicant, 
 who must state, under oath, that the facts stated therein are 
 true to the best of his knowledge and belief. Applications by 
 firms or co-partnerships must be subscribed and sworn to to 
 the effect above stated by all of the members thereof. In ad¬ 
 dition to the foregoing, the application shall contain a certifi¬ 
 cate of at least five resident freeholders of the voting district 
 in which the license is to be effective, to the effect that each 
 of the persons aforesaid personally know the applicant, that 
 he is a man of good moral character, and that in their opinion 
 he is a fit and proper person to be granted a license. In case 
 of a firm or co-partnership, the foregoing certificate shall be 
 made to cover all of the members. No application shall be 
 accepted or filed by the city recorder, town clerk or county 
 clerk unless the statements therein contained substantially 
 conform to the foregoing provisions, and is certified to as 
 aforesaid. 
 
 Section 10. Revocation of licenses. The District Court 
 of the several countiesi in which cities of the first and second 
 class may be situated, city councils of cities of the third class, 
 board of trustees or board of county commissioners, for viola¬ 
 tion of any of the provisions of this act or any ordinance, or 
 for any other good cause, and upon not less than three days’ 
 notice to the licensee of the grounds of the complaint, name 
 of complainant, and of the time and place at which the pro¬ 
 posed revocation will be considered, may revoke a license 
 granted within the city, town or county, as the case may be. 
 For the purpose of carrying out the provisions of this section, 
 the District Court, city council, board of trustees or board of 
 county commissioners, as the case may be, 'shall have power 
 to issue or cause to be issued subpoenas and to compel the 
 attendance of witnesses and to administer oaths. All com¬ 
 plaints under this section shall be in writing, signed by the 
 complainants and filed with the recorder or clerk, as the case 
 may be. The District Courts of the several counties wherein 
 are situated cities of the first and second class shall make and 
 
8 
 
 enforce rules of procedure and practice upon application for 
 license, hearing of protests upon applications, and the revoca¬ 
 tion of licenses so that such matters may be speedily tried and 
 determined in accordance with justice and right. 
 
 Section 11. Bond. No license shall be granted to any 
 applicant under this act unless such applicant shall have exe¬ 
 cuted and delivered to the city council, board of trustees, or 
 board of county commissioners issuing the license, a bond in 
 the penal sum of three thousand dollars, payable to the city, 
 town or county, as the case may be, issuing the license, with 
 at least two good and sufficient sureties who shall be free¬ 
 holders of the county in which the license is granted, or in 
 lieu of such sureties the applicant may furnish a bond in the 
 penal sum aforesaid, executed by some surety company who 
 is authorized to do business in this State. If said bond be 
 in proper form, it shall be approved and filed by the city re¬ 
 corder, town clerk, or county clerk. The bond shall be con¬ 
 ditioned that the licensee will not violate any of the provisions 
 of this act, or any ordinance under which such license is 
 granted; that he will pay all damages, fines, penalties and 
 forfeitures that may be adjudged against him under the pro¬ 
 visions of this act. The bond to be taken in each case may 
 be substantially in the following form: 
 
 KNOW ALL MEN BY THESE PRESENTS, that we 
 
 A. B. of.....as principal and 
 
 C. D. and E. F. of.......as sureties, 
 
 are held and firmly bound unto the city, town or county of 
 
 ...., State of Utah, in the sum of three 
 
 thousand dollars, to which payment well and truly to be made 
 we bind ourselves and our legal representatives. 
 
 Sealed with our seals this.day of... 
 
 A. D. 19. 
 
 The condition of this obligation is such, that whereas the 
 above bounden A. B. has this day been licensed by License 
 
 No...,.by the mayor and city council of the city 
 
 of... (or of trustees of the town of 
 
 ._....or the county commissioners 
 
 of the county of...) in the county of 
 
 .Now if the said A. B. shall well and truly com¬ 
 ply with all the provisions of law and ordinances relating to 
 
9 
 
 the sale of intoxicating liquors, and shall also pay all dam¬ 
 ages, fines, penalties and forfeitures incurred by violation of 
 such provisions of law and ordinances, and all other damages 
 recoverable under the provisions of the law relating to the 
 sale of intoxicating liquors, then this bond shall be void, but 
 otherwise in force. 
 
 Principal. 
 
 Sureties. 
 
 No person who is a principal or surety, except a surety 
 company, upon any bond given under this act, shall be per¬ 
 mitted to become a surety upon any other bond of like charac¬ 
 ter. Each surety, except as aforesaid, shall make a written 
 statement, under oath, that he is not a surety upon any other 
 bond given under the provisions of said section, and such 
 statement shall be kept on file with the bond. No such bond 
 shall be accepted or approved until each surety has made and 
 subscribed a statement under oath that he is worth not less 
 than three thousand dollars over and above all liabilities and 
 indebtedness and all property exempt from execution, and the 
 statement so made shall designate sufficient property, real 
 or personal, to cover the requirements of the bond, and shall 
 be kept on file with the bond in connection with which said 
 statement is made. 
 
 Section 12. Liability of licensees. Actions. All li¬ 
 censees under this act shall be liable for and be required to 
 pay all damages that the community or individuals may sus¬ 
 tain in consequence of the sale of and traffic in intoxicating 
 liquors. A married woman shall have a right of action against 
 a licensee, or his bondsmen or both, for loss of support of her¬ 
 self and minor children, and she may maintain such action in 
 her own name; Provided that in order to avail herself of 
 the provisions of this Act she shall have notified the licensee 
 in writing not to sell liquor to her husband. In such action 
 it shall only be necessary to prove that the licensee or his 
 agent has sold or given intoxicating liquors to her husband, 
 and that by reason thereof he became disqualified to provide 
 for her, or for his minor children. Any licensee under this 
 act, who shall sell or give to any person who is already in- 
 
10 
 
 toxicated or visibly under the influence of liquor, any in¬ 
 toxicating liquors, shall be liable to such person for actual 
 damages sustained by him by reason of any injury that such 
 person may sustain by reason of his intoxicated condition, in 
 case such person by reason of such condition has temporarily 
 lost control of his faculties and by reason thereof is injured. 
 Such action may be maintained in the name of the injured 
 person. 
 
 Section 13. How actions may be brought. Any person 
 desiring to bring an action under the provisions of this act 
 shall upon application to any city recorder, town clerk or 
 county clerk, upon paying the sum of one dollar therefor, be 
 entitled to receive a certified copy of any bond given under 
 the provisions of this act. Such copy when certified to under 
 the hand and seal of the recorder, town clerk, or county clerk, 
 shall be received in evidence upon the trial of any cause with¬ 
 out accounting for or proving the execution of the original. 
 
 Section 14. Id. Actions on the bond provided for in this 
 act for damages or forfeitures may be brought in any court 
 having jurisdiction of the amount claimed regardless of the 
 penalty fixed in the bond. Successive actions may be brought 
 upon any bond in any court having jurisdiction until the 
 penalty named in the bond has been fully exhausted. In any 
 such action, it shall not be necessary for the plaintiff to allege 
 and prove the amount of the penalty which remains unex¬ 
 hausted, but it shall be the duty of the defendants to allege 
 &nd prove such fact, if it be a fact, and a failure to- do so 
 upon their part shall constitute a waiver, and the bond shall 
 be treated for the purpose of the action as a full bond. 
 
 Section 15. Sale of liquor upon prescription. Any reg¬ 
 istered pharmacist may, within any city, town or county unit 
 which- may vote “Against Sale,” as hereinafter provided, sell 
 and furnish intoxicating liquors for medicinal purposes only, 
 upon the written prescription of a regularly practicing phy¬ 
 sician of this State, in the manner herein provided. The pre¬ 
 scription shall contain the name of the person prescribed for, 
 the quantity and kind of liquor prescribed, and shall be signed 
 by the prescribing physician. No prescription shall be filled 
 hereunder except upon the day upon which dt is dated and 
 issued, or upon the following day. On the first day of June 
 
11 
 
 and January of each year, the registered pharmacist shall file 
 all said prescriptions filled within the preceding six months, 
 with the city recorder, town clerk or county clerk, as the 
 case may be, of the city, town or county unit in which such 
 prescriptions are filled, and a certified copy of the .same, or 
 the original prescription, shall be prima facie evidence in any 
 court in this State. Such prescriptions shall at any time after 
 having been filled be open to public inspection. A fee of one 
 dollar for each lot of prescriptions so filed shall be paid by 
 such druggist to the city recorder, town clerk or county 
 clerk, as the case may be. No prescription shall be refilled, 
 nor shall more than one quart be furnished on one prescrip¬ 
 tion. Nothing in this act shall be construed to> prevent drug¬ 
 gists or registered pharmacists furnishing or selling intoxicat¬ 
 ing liquors in wholesale quantities to registered pharmacists, 
 to public or charity hospitals, to medical or pharmaceutical 
 colleges, or to scientific schools or institutions. All druggists 
 or registered pharmacists shall keep a complete record of all 
 sales at wholesale of intoxicating liquor, which record shall at 
 all times be open to inspection of the peace officer of any 
 city, town or county. No 1 physician shall issue a prescription 
 except for a bona fide medical purpose. 
 
 Section 16. Revocation of license of physician, druggist 
 or pharmacist. After the second conviction of any physician, 
 druggist or pharmarcist for violating any of the provisions of 
 this act, it shall be a part of the judgment of conviction that 
 his license to practice medicine, pharmacy or dispense drugs 
 is revoked, and the court before whom such person shall be 
 tried and convicted shall cause a certified copy of such judg¬ 
 ment of conviction to be certified to the State board having 
 authority to issue such a license. After revocation, no license 
 shall ever be granted to the person whose license is revoked 
 to practice medicine, pharmacy or dispense drugs in the State 
 of Utah. 
 
 Section 17. Sale of certain “patent” medicines prohibited. 
 Exception. No druggist or other person within any city, 
 town or county unit voting “Against Sale,” shall sell, dispose 
 of or give away any proprietary, patent or compound medi¬ 
 cines classed by the U. S. Commissioners of Internal Revenue 
 as subject to the U. S. Internal Special Tax as an intoxicating 
 
12 
 
 liquor insufficiently medicated to render them unsuitable as 
 beverages, except upon the prescription of a licensed and 
 practicing physician of this State. 
 
 Section 18. Sale of alcohol or wines for special purposes 
 permitted. Nothing in this act shall prohibit the sale by li¬ 
 censed pharmacists or wholesale druggists within any city, 
 town or county unit, which may vote “Against Sale,” of 
 alcohol for art, scientific or mechanical purposes or wines to 
 church officials for sacramental purposes. A record of each 
 sale shall be made and preserved in a book kept for that pur¬ 
 pose, signed by the person receiving the same; which record 
 shall be open to public inspection. No person shall purchase 
 any such alcohol or wines for any use other than stated in this 
 section. 
 
 Section 19. Sale by druggists and pharmacists prohibited, 
 except for medicinal purposes. No druggist or licensed pharm¬ 
 acist shall, within this state, sell, exchange, barter, give away 
 or otherwise furnish for consumption on the premises in 
 which he is licensed to dispense drugs or in any place in any 
 way connected therewith, any intoxicating liquors, except for 
 medicinal purposes, as herein provided. 
 
 Section 20. Manufacturers and wholesalers not to be in¬ 
 terested in procuring retail license. Exception. It shall be 
 
 unlawful for any person, partnership or corporation engaged 
 in the manufacture or sale at wholesae of intoxicating liquors, 
 or any agent, officer or employee of any such person, partner¬ 
 ship or corporation, to aid or assist in any manner, directly 
 or indirectly, under pretext or otherwise, in the application for 
 or procuring of license for the sale, at retail of intoxicating 
 liquors in this state, or to engage in or in any manner become 
 interested, under pretext or otherwise, in the retail traffic in 
 such liquors in this state; provided, however, that a manu¬ 
 facturer or wholesaler of intoxicating liquor other than a 
 corporation may have not to exceed one retail license. 
 
 Section 21. Id. Not to construct or rent premises for 
 retail business. It shall be unlawful for any person, corpora¬ 
 tion or association engaged in the manufacture, or sale at 
 wholesale of intoxicating liquors, or his, its or their officers, 
 agents or employees to construct for, or let to any person, di- 
 
13 
 
 rectly or indirectly, under pretext or otherwise, any building, 
 room, shed, apartment, structure or place on, or in which to 
 conduct the retail sale of intoxicating liquors. 
 
 Section 22. Soliciting unlawful aid or assistance. It 
 shall be unlawful for any person to solicit or receive from any 
 person, corporation, or association engaged in the manufacture 
 or sale of intoxicating liquors, or his, its or their officers, 
 agents or employees, any aid or assistance directly or indi¬ 
 rectly under pretext or otherwise, in the securing or use of 
 any license for the retail sale of any intoxicating liquors in 
 this State, or to lease, occupy or use, directly or indirectly, 
 under pretext or otherwise, any building, room, shed, apart¬ 
 ment, structure or place owned or controlled by. any such 
 person, corporation, or association engaged in the manufac¬ 
 ture, or sale at wholesale of intoxicating liquors, or any 
 trustee of any such person or corporation, on or in which to 
 conduct the retail sale of any intoxicating liquors in this 
 State. 
 
 Section 23. Employment of minors prohibited. No 
 holder of a license for the sale at retail of intoxicating liquors 
 shall employ any person under the age of twenty-one years to 
 serve such liquors to be drunk on the premises. 
 
 Section 24. Id. No person, partnership or corporation 
 shall employ a minor under the age of twenty-one years in 
 handling intoxicating liquors or packages containing such 
 liquors in a brewery or bottling establishment, in which such 
 liquors are prepared for sale or offered for sale. 
 
 Section 25. Opening and closing of saloons. It shall be 
 unlawful for any licensed retail dealer by himself, clerk or 
 servant to keep his placd. of business open on the day of any 
 general or special election, or on Sunday, or between the hours 
 of 10 p. m. Standard time on any day and 6 o’clock a. m. the 
 following morning, except that in cities of the first and sec¬ 
 ond class, it shall be lawful, unless otherwise provided by ord¬ 
 inance in such cities, for such places of business to' remain 
 open between the hours of 6 o’clock a. m. and 12 o’clock mid¬ 
 night, and it shall be unlawful for any such licensee to sell, 
 barter, give away or otherwise furnish intoxicating liquors 
 within the hours during which the place of business of such 
 
14 
 
 licensee is herein required to be closed. It shall be unlawful 
 for any club, druggist or pharmacist to sell, exchange, barter, 
 give away or otherwise furnish any intoxicating liquors be¬ 
 tween the hours of 12 o’clock p. m., standard time, on any 
 day and 6 o’clock a. m. the following day; provided, that drug¬ 
 gists and pharmacists may sell intoxicating liquors between 
 such hours for medicinal purposes only. City councils, boards 
 of trustees and county commissioners, may shorten, but shall 
 not increase, the hours during which intoxicating liquors may 
 be sold as herein provided. 
 
 Section 26. Saloons must be vacated after hour of clos¬ 
 ing. Exception. It shall be unlawful for any licensed retail 
 dealer by himself, agent or servant, to permit anyone to re¬ 
 main in the saloon after the hour of closing, as provided in 
 the preceding section, but at the time when such saloon should 
 be closed, he shall require all persons to at once vacate the 
 premises and see that the doors are securely closed and locked; 
 provided, however, that the dealer, his agent or servant may 
 remain in the saloon for thirty minutes after the hour of clos¬ 
 ing, and that on Sunday the saloon keeper or his employee 
 may enter said saloon for the purpose of attending to the fires 
 and lights, and for no other purpose. 
 
 Section 27. Retailing; sales confined to one Room, 
 Hotels; proviso. No licensed retail dealer, by himself, agent 
 or servant, except clubs, and pharmacists, shall sell or expose 
 for sale, barter, give away or otherwise furnish any intoxicat¬ 
 ing liquors, except in a single room, which shall contain no 
 booths, curtains, or partitions except such as may be neces¬ 
 sary for the sole purpose of screening said room from the 
 public gaze from the street or exterior; provided, that a 
 screened or partitioned water closet may be maintained in 
 such single room; provided, further, that nothing contained in 
 this section shall prevent the serving in public dining rooms 
 of intoxicating liquor with meals; provided, further, that any 
 firm' or person engaged in the hotel business and licensed to 
 sell intoxicating liquors in a hotel building having not less 
 than one hundred twenty-five bedrooms, may deliver intoxicat¬ 
 ing liquors to be served at all meals in said hotel, from a 
 service bar or store room separate and apart from the room 
 in which such retail liquor business is licensed to be con¬ 
 ducted. 
 
15 
 
 During the time when places where intoxicating liquors 
 are sold are required by law to be closed, all blinds, screens 
 
 • and curtains shall be withdrawn from the doors and windows 
 of such places, and the interior doors, screens, blinds and cur¬ 
 tains shall be so opened that an unobstructed view of the 
 
 # interior of such places may be had from the sidewalk or ex¬ 
 terior of all such places. 
 
 Section 28. Saloons must be conducted in an orderly 
 manner. Gambling or entertainment forbidden. The licensed 
 premises shall be conducted in a quiet, orderly manner; there 
 shall be no gambling or gaming with cards, dice, billiards or 
 any other device, nor any music, phonograph, or other form 
 of amusement or entertainment, or free lunch, nor lunch for 
 which money is paid, in the room where said business is car¬ 
 ried on; there shall be no nude, obscene or impure decorations, 
 pictures, inscription, placards or any such thing in the place; 
 no female shall be employed in the place; no woman, minor, 
 drunkard or intoxicated person shall be allowed in the room; 
 there shall be no chairs, benches, nor any other furniture in 
 the room except behind the bar, and only such behind the bar 
 as is necessary for the attendants. 
 
 Section 29. Must not be connected with any premises 
 used for unlawful purposes. It shall be unlawful for any 
 dealer in intoxicating liquors by himself, agent or servant, to 
 permit the room wherein he is licensed to> sell liquor tO' be in 
 any way connected with any room wherein, or connected with 
 which any prostitution or lewd practices are indulged or per¬ 
 mitted ; or wherein any prostitutes are permitted to visit for 
 any purpose; or wherein any women are permitted for any 
 unlawful purpose. Under this rule any room into or from 
 which there are any means of entrance or communication with 
 the place of business of such licensee by door, stair, elevator, 
 dumb waiter, speaking tubes, electric apparatus, or other 
 means of communication, shall be deemed connected with the 
 place of .business of the licensee, whether such rooms are un¬ 
 der the control of such licensee or not. 
 
 • 
 
 Section 30. Sale of liquor to Indians, etc.,, prohibited. 
 
 No intoxicating liquor shall be sold to, procured for, or de¬ 
 livered to an Indian, insane person, idiot, or to a minor, either 
 
 % 
 
16 
 
 for his own use or the use of any other person, except for 
 medicinal purposes upon the prescription of a physician. 
 
 Section 31. Minor falsely representing his age. Penalty. 
 
 Every person under the age of twenty-one years who shall 
 for the purpose of obtaining intoxicating liquors from any 
 licensee, or other person, falsely represent his age, shall be 
 deemed guilty of a misdemeanor, and upon conviction thereof 
 be fined for each offense not exceeding twenty-five dollars, or 
 be imprisoned not exceeding fifteen day's in jail, or both, in 
 the discretion of the court. Nothing in this section contained 
 shall excuse any sale of intoxicating liquors to a person under 
 the age of twenty-one years. 
 
 Section 32. Adulterations. Any retail liquor dealer who 
 shall adulterate or mix with any foreign substance any in¬ 
 toxicating liquors, or shall sell or otherwise dispose of any 
 such liquor, knowing or having reasonable cause to believe 
 that the same has been adulterated, or who shall mix to¬ 
 gether different kinds of liquors, either for bar purposes, or to 
 be sold in bottles, shall place upon the container where such 
 liquor is kept and upon the bottle wherein such liquor is bot¬ 
 tled and offered for sale, a label or stamp setting forth in 
 plain and legible type the true formula of such adulteration 
 or mixture. This section shall not be construed as allowing 
 the use for adulteration of intoxicating liquors of any sub¬ 
 stances prohibited by Section 740, Compiled Laws of Utah, 
 1907. . 
 
 Section 33. In case of riot or public excitement, saloons 
 may be closed. The mayor of a city, the trustees of a town, 
 and the commissioners of any county, may, in case of riot or 
 great public excitement, order persons who' hold licenses, not 
 to sell, give away or deliver any intoxicating liquor on the 
 licensed premises for a period not exceeding seven days at 
 any one time, and no person shall by himself or his agent or 
 servant sell, give away or deliver any intoxicating liquor in 
 violation of an order given under the provisions of this sec¬ 
 tion ; provided, however, that if the licensed premises shall 
 be ordered closed for a period of more than one week, the 
 licensee shall be entitled to> have refunded a pro> rata amount 
 of the license paid during the time the licensed premises are 
 so ordered to be closed. 
 
 
17 
 
 Section 34. Delivery and sale. The delivery of intoxi¬ 
 cating liquor in or from a building, booth, stand or other 
 place, except a private dwelling house, or in or from a private 
 dwelling house if any part thereof or its dependencies is used 
 as an inn, eating house or shop of any kind, or other place of 
 common resort, such delivery in either case being to a person 
 not a resident therein, shall be prima facie evidence that such 
 delivery is a sale. 
 
 Section 35. United States Internal Revenue Special Tax 
 Stamp as evidence. A certified copy of entries made in Record 
 No. 10 of the records of the U. S. Internal Revenue Collector 
 showing the payment of the U. S. Internal Revenue special 
 tax for the manufacture or sale of intoxicating liquors, shall 
 be prima facie evidence in the courts of this State of such 
 manufacture or sale by the party named therein within the 
 period set forth in said record. 
 
 Section 36. Prosecutions. Evidence. In all suits - or 
 prosecutions under the general liquor law of this State it shall 
 be necessary to state in the complaint or affidavit the time 
 and place of sale, but shall not be necessary to 1 state the kind 
 of liquor sold, nor to describe the place where sold, nor to 
 show knowledge of the principal to 1 convict for the unlawful 
 acts of the agent or servant committed within the ordinary 
 course of the master’s business, provided that in case the 
 principal shall show that he had no knowledge of the unlaw¬ 
 ful act or acts of his agent or servant SO' committe/d, such 
 principal shall not be punished by imprisonment, as provided 
 by law; any clerk, servant, employee, or agent of any licensee 
 or other person, engaged or aiding in any violation of any of 
 the provisions of this act shall be charged and convicted as a 
 principal. 
 
 Section 37. Suits for liquor bills. No suit for liquor 
 bills, when sold in less quantity than five wine gallons at one 
 time, shall be maintained in any court in the state, and when 
 it shall be made to appear that any promissory note, mort¬ 
 gage, or other obligation on which a suit is pending was 
 given for liquor sold in less quantity than five wine gallons at 
 one sale, and that the plaintiff or one of several plaintiffs had 
 knowledge of that fact at the time he acquired such note, mort¬ 
 gage, or other obligation, such suit shall be dismissed at the 
 
18 
 
 cost of the plaintiff, except such sales be for mediciAal, me¬ 
 chanical, manufacturing, art or sacramental purposes. 
 
 Section 38. Sale made where delivery and payment were 
 made. That in all cases where the purchase price for in¬ 
 toxicating liquors is paid to the person who makes manual 
 delivery of any such liquors to the vendee thereof, the sale 
 shall be held to have been made in the place where delivery 
 and payment were made. 
 
 Section 39. Consignments to be inscribed. How. It 
 
 shall be unlawful to consign intoxicating liquors from any 
 point in the State of Utah to any other point therein except 
 there be inscribed on the exterior of the outer package con¬ 
 taining said vessels in legible letters, the name of the con¬ 
 signee ; the name of the contents and quantity contained there¬ 
 in, and it shall be unlawful to consign from any point in the 
 State of "Utah to any other point therein, any intoxicating 
 liquors to a fictitious person or consignee, or in the name of 
 any other person except the actual bona fide consignee there¬ 
 of ; and it shall be unlawful for any person to erase, mutilate, 
 remove or cover up said inscription. 
 
 Section 40. Id. Common carriers. It shall be unlawful 
 for any common carrier to knowingly receive for transporta¬ 
 tion, or with such knowledge to transport, from any point in 
 the State of Utah to any other point therein, any intoxicating 
 liquors except the vessels containing such intoxicants, and the 
 outer packages containing said vessels shall have inscribed 
 on the exterior thereof in plain, legible letters, the name of 
 the contents and quantity contained therein, and it shall be 
 unlawful for any common carrier to knowingly receive for 
 transportation between points within the State of Utah, any 
 intoxicating liquors consigned to a fictitious person or con¬ 
 signee, or to deliver any intoxicating liquors, transported as 
 aforesaid, to any person except the actual bona fide consignee 
 thereof, or his duly authorized agent. 
 
 Section 41. Unlawful to sell within five miles of any 
 camp, etc. It shall be unlawful for the board of county com¬ 
 missioners of any county in this state to grant a license to 
 any person to sell, barter, exchange, give away or otherwise 
 furnish malt, spirituous or vinous liquors within five miles of 
 any camp or assembly of men engaged in the construction or 
 
19 
 
 repair of any railroad, canal, reservoir, public work, or other 
 kindred enterprise, where twenty-five or more men are em¬ 
 ployed. 
 
 , Section 42. Nuisances. All places where intoxicating 
 liquors are manufactured, sold, bartered, given away, or oth¬ 
 erwise furnished in violation of law or where persons are per¬ 
 mitted to resort for the purpose of drinking intoxicating 
 liquors as a beverage in violation of law or where intoxicating 
 liquors are kept for sale, giving away, or otherwise furnish¬ 
 ing, in violation of law, and all intoxicating liquors, bottles, 
 glasses, kegs, pumps, bars, and other property kept in and 
 used in maintaining such a place, are hereby declared to be 
 common nuisances; and every person who* maintains or as¬ 
 sists in maintaining such a common nuisance, shall be guilty 
 of a misdemeanor. 
 
 Section 43. Search and seizure. If any county, city or 
 town attorney, sheriff, or chief of police or marshal of any 
 city or town has probable cause to believe that intoxicating 
 liquors are manufactured, sold, bartered, given away or other¬ 
 wise furnished, in violation of law or are kept for the purpose 
 of selling, bartering, or giving away or otherwise furnishing 
 in violation of law, it shall be the duty of such county, city 
 or town attorney, sheriff, chief of police or marshal of any 
 city or town forthwith to make and file with a judge of a 
 district court or a justice of the peace in the county, written 
 information supported by his oath or affirmation, that he has 
 reason to believe, and does believe that intoxicating liquor 
 is being manufactured, sold, bartered, given away, or other¬ 
 wise furnished, or is being kept for the purpose of selling, 
 bartering, giving away, or otherwise furnishing, in violation 
 of law, said judge or justice shall upon finding probable cause 
 for such information, issue a search warrant, directed to any 
 peace officer in the county, describing as particularly as may 
 be, the liquor and the place described in said information, 
 and the person named or described in said information as the 
 owner or keeper of said liquor, and commanding the said of¬ 
 ficer to search thoroughly said place, and to seize the said 
 liquor with the vessels containing it, and all implements, 
 furniture and fixtures used or kept for such illegal manufac¬ 
 turing, selling, bartering, giving away, or otherwise furnish¬ 
 ing of such liquors, and to keep the same securely until final 
 
20 
 
 action be had thereon; whereupon the said peace officer to 
 whom such warant shall be delivered shall forthwith obey and 
 execute as effectually as possible the commands of said war¬ 
 rant and make return promptly of his doings to said judge 
 or justice, and shall securely keep all liquors so seized by him 
 and the vessels containing them until final action be had 
 thereon. A copy of said warrant shall be served upon the 
 person or persons found in possession of any such intoxicating 
 liquor, furniture or fixtures so seized, and if no' person be 
 found in the possession thereof, a copy of said warrant shall 
 be posted on the door of the building or room wherein the 
 same are found. If admission to such building or room is re¬ 
 fused, the officer directed to serve the warrant is hereby 
 authorized and required by law to force open the same. If 
 the place to be searched be a dwelling house in which any 
 family resides, and in which no tavern, eating house, grocery 
 or other place of public resort is kept, such warrant shall not 
 be issued unless such complaint shall, on oath or affirmation, 
 declare before said judge or justice that he has reason to 
 believe and does believe that within one month next before 
 the making of said information intoxicating liquors have 
 been, in violation of law, sold or otherwise furnished in said 
 house, or in some place appurtenant thereto, by the person 
 accused in said information, or by his consent or permission. 
 
 No warrant shall issue in any case, unless from the facts 
 disclosed by such information the said judge or justice shall 
 find that there is probable cause to believe that the facts 
 stated in said information are true. The information on which 
 said warrant is issued may be made upon information and 
 belief. 
 
 Section 44. Id. Property not to be discharged. When 
 
 any liquors, vessels or other property shall have been seized 
 by virtue of any such warrant, the same shall not be discharged 
 or returned to any person claiming the same by reason of 
 any alleged insufficiency of description in the warrant of the 
 liquor or place, nor by writ of claim and delivery or other 
 process, but the claimant shall only have the right to be 
 heard on the merits of the case. 
 
 Section 45. Seizure. Officer to make returns. Hearing. 
 Judgment. In the event of a seizure under said warrant, the 
 
21 
 
 officer shall forthwith make a return of his acts thereunder, 
 and if said warrant has been issued by a justice of the peace, 
 and by said return it appears that intoxicating liquor, vessels, 
 implements, or other things used for the purpose of selling or 
 otherwise disposing of such liquors, contrary to law, have been 
 found upon the premises described in said warrant, the juris¬ 
 diction of the justice of the peace shall thereupon cease, ex¬ 
 cept that the justice issuing such warrant shall forthwith cer¬ 
 tify the record and all files to the district court of the county 
 in which said premises are situated and from time of filing 
 such record and files with the clerk of said district court it 
 shall have jurisdiction to proceed with said cause and de¬ 
 termine the merits thereof as provided by law; and the clerk 
 of said court shall fix a time for hearing said matter, of which 
 notice shall be given as provided herein. 
 
 In all cases upon the filing of the warrant and return 
 of the officer in the district court the clerk thereof shall fix a 
 time for hearing said matter and shall cause to be left at the 
 place where said liquor was seized, and if said place be a dwell¬ 
 ing house, store or shop, posted in some conspicuous place on 
 or about said building and also to be left with or at the last 
 known and usual place of residence of the person named or 
 described in said information as the owner or keeper of said 
 liquor, if he be a resident of this State, a notice summoning 
 such person and all others whom it may concern to appear 
 before said court at a place and time named in said notice, 
 which time shall not be less than five nor more than fifteen 
 days after the posting and leaving of said notices and show 
 cause, if any they have, why said liquor, together with the 
 vessels in which the same is contained, and other property, 
 should not be forfeited; and said notice shall with reasonable 
 certainty, describe said liquor, vessels, and other property, 
 and shall state where, when and why the same were seized. 
 At the time and place fixed in said notice, the person named 
 in said information, or any person claiming any interest in 
 said liquor, vessels and other property or any part thereof, 
 may appear and show cause why the same should not be 
 forfeited. If any person shall so appear he shall become a 
 party defendant in said cause, and said court shall make a 
 record thereof. Whether any person shall so appear or not, 
 said court shall at the time fixed, proceed to the trial of said 
 case, and the county attorney shall appear before said court 
 
22 
 
 and prosecute said information, and show cause why said 
 liquor, vessels or other property should be adjudged for¬ 
 feited. The proceedings in the trial of such case may be the 
 same substantially as in cases of criminal prosecutions be¬ 
 fore such courts, and if any person shall appear and be made 
 a party defendant as herein provided and shall make a writ¬ 
 ten plea that said liquor, vessels or other property or any 
 part thereof, claimed by him, was not owned or kept with in¬ 
 tent to be sold or used in violation of the law, such party de¬ 
 fendant may demand a jury to try the issue and if upon the 
 evidence presented, the said court or jury, as the case may 
 be, shall by verdict find that said liquor, vessels or other 
 property was when seized, owned or kept by any person, 
 whether said party defendant or not, for the purpose of being 
 sold or used in violation of law, the said court shall render 
 judgment that said liquor, vessels or other property, or any 
 part thereof, be forfeited. If no person be made defendant 
 in manner aforesaid, or if judgment be in favor of all the 
 defendants who appear and are made such, then the costs of 
 the prosecution shall be paid as in ordinary criminal prosecu¬ 
 tions where the prosecution fails. If judgment shall be 
 against only one party defendant appearing as aforesaid, he 
 shall be adjudged to pay all the costs of proceedings in the 
 seizure and detention of the liquor claimed by him and trial 
 up to the time of judgment. But if said judgment shall be 
 against more than one defendant claiming distinct interest in 
 said liquor, then the costs of said proceeding and trial shall 
 be according to the discretion of said court, equitably appor¬ 
 tioned among the said defendants for the amount of costs so 
 adjudged against them. Any person appearing and becoming 
 party defendant as aforesaid may appeal from said judgment 
 of forfeiture, as to the whole or any part of said liquor, ves¬ 
 sels or other property claimed by him and so adjudged for¬ 
 feited. 
 
 Section 46. Destruction of seized property. Whenever 
 it shall be finally decided that the liquor, vessels or other 
 property seized as aforesaid is forfeited, the court rendering 
 final judgment of forfeiture shall issue to the officer, a written 
 order, directing him forthwith to destroy said liquor, vessels 
 or other property and immediately thereafter to> make return 
 of said order to the court whence issued, with his doings en- 
 
23 
 
 dorsed thereon. Whenever it shall be finally decided that any 
 liquor so seized, vessels, or other property is not liable to 
 forfeiture, the court by whom such final decision shall be 
 rendered shall issue a written order to the officer having the 
 same in custody, or to some other peace officer, to restore said 
 liquor, vessels or other property, to the place where it was 
 seized, as nearly as may be, or to the person entitled to re¬ 
 ceive it, which order the officer shall obey, and make return 
 thereon to the court of his acts thereunder, and the costs of 
 the proceeding in such case attending the restitution, as also 
 the costs attending the destruction of such liquor, vessels or 
 other property in case of forfeiture, shall be taxed and paid 
 in the same manner as is provided in case of ordinary criminal 
 prosecution where the prosecution fails. 
 
 Section 47. Arrest without a warrant. When a viola¬ 
 tion of any provision of this act shall occur in the presence 
 of any sheriff, constable, marshal, police officer or other of¬ 
 ficer having power to serve criminal process, it shall be the 
 duty of such officer, without warrant, to arrest the offender 
 and seize the intoxicating liquor, vessels and other property 
 so unlawfully used, and to take such offender or offenders im¬ 
 mediately before the court or judge having jurisdiction in the 
 premises, and there make complaint under oath, charging the 
 offense so committed, and he shall make return, setting forth 
 a particular description of the intoxicating liquor, vessels and 
 other property seized and of the place where the same was 
 so seized, whereupon the court or judge shall issue a warrant 
 commanding and directing the officer to hold the property so 
 seized in his possession until discharged by due process of 
 law, and such property shall be held in like manner as if the 
 seizure had been made under a warrant therefor. 
 
 Section 48. Construction. In this act, unless the text or 
 subject matter otherwise requires 
 
 “Cities” includes cities of the first, second and third 
 classes. 
 
 “Town” means incorporated town. 
 
 “County Unit” means all that part of any county outside 
 of cities and towns, and such county unit shall be designated 
 by the name of the county in which it is contained. 
 
24 
 
 Section 49. Local option unit. Each city, town and 
 county unit as defined in the preceding section of this act, 
 shall constitute a separate and independent local option unit 
 for the determination for itself whether the sale of intoxicat- 
 ing liquors shall be permitted or prohibited within such city, 
 town or county unit. 
 
 Section 50. Elections. Whenever a petition therefor, 
 signed by not less than twenty-five per cent of the registered 
 voters of any city, town or county unit shall be filed with 
 any city council, board of trustees or the board of county 
 commissioners, as the case may be, such city council, board 
 of trustees, or board of county commissioners, as the case 
 may be, shall order an election to> be held at the time pro¬ 
 vided in this act to determine whether the sale of intoxicating 
 liquors shall be allowed or prohibited in such city, town or 
 county unit, except as provided in Section 51 of this act. 
 
 Section 51. Id. The first election hereunder in cities 
 and towns, shall be mandatory and no- petition shall be re¬ 
 quired therefor, and such election shall be held on the 27th 
 day of June, 1911. Elections in county units shall be held 
 only on petition as provided in the next preceding section of 
 this act. Elections hereafter shall be held only on the last 
 Tuesday in June of any year; provided, that after the holding 
 of an election to determine the question whether intoxicating 
 liquors shall be permitted or prohibited within any city, town 
 or county unit, no election shall be held in any such city, town 
 or county unit, upon such question before the last Tuesday in 
 June in the second calendar year thereafter, and then only 
 upon petition as provided in Section 50 of this act. 
 
 Section 52. Id. Petition to be filed. The petition for 
 the local option election herein provided for shall be filed with 
 the city recorder, town clerk or county clerk, as the case may 
 be, not less than sixty days nor more than one hundred 
 twenty days before the day of election; except as to elections 
 petitioned to be held in county units on June 27, 1911, and 
 as to such election such petition shall be filed not less than 
 thirty days before the day of such election. The elections 
 provided for by this act shall be held at .voting place or 
 places within the cities, towns or county units petitioning 
 
therefor, and if such election be held in any city or town the 
 judges and clerks of election shall be appointed and qualified 
 under the laws relating to elections in cities and towns, and 
 if such election be held in any county unit the judges and 
 clerks of election shall be appointed and qualified under the 
 laws of the state relating to general elections. 
 
 Section 53. Qualified voters. Any person shall be quali¬ 
 fied to vote at any election held in any city or town hereun¬ 
 der who was qualified to vote at the last city or town election 
 in the voting district in which he offers to vote, and any per¬ 
 son shall be qualified to vote at any election held in any 
 county unit hereunder who was qualified to vote at the last 
 general election in the voting district in which he offers to 
 vote; such qualification shall be shown by the official register 
 used at such last city, town or general election; and in addi¬ 
 tion thereto all qualified electors who may register as herein 
 provided, or who shall be transferred as provided by law, 
 shall be entitled to vote at any election under this act. 
 
 Section 54. Id. Duties of county clerk. Prior to the 
 time for registering voters, at any election held under the pro¬ 
 visions of this act, the county clerk of each county of the state 
 shall prepare an official register of the voters in each election 
 district affected by such election, if such election be for any 
 city or town, by making a list in alphabetical order of the 
 official register used at the last city or town election, as the 
 case may be, and if such election be in any county unit, by 
 making a list in alphabetical order of the official register used 
 at the last general election, which official register shall be 
 delivered to the registry agent of the election district, at 
 least fifteen days prior to the first day of registration, and 
 shall be revised by adding the names of all persons registered 
 on the proper days prior to the election; provided, that the 
 cost of making such lists as relate to cities or towns shall be 
 paid by the city or town holding such election. In case of 
 election in any county unit, if any voting district now estab¬ 
 lished shall include territory both within said county unit and 
 also within any city or town, the county commissioners shall 
 organize a new voting district consisting of territory wholly 
 without said city or town and wholly within said county unit, 
 and registration officers and judges and clerks of election 
 
26 
 
 shall be appointed under the general election laws relating to 
 election districts. 
 
 Section 55. Id. Duty of registry agents. It shall be 
 
 the duty of the registry agents, appointed as provided by law, 
 at any time when called upon to do so, at their respective 
 offices and not elsewhere, between the hours of eight o’clock 
 a. m. and nine o'clock p. m. of the first Tuesday in June and 
 the last Friday in June immediately prior to the election, to 
 receive and register the names of all qualified electors apply¬ 
 ing for registration. 
 
 Section 56. Id. Offenses. The provisions of Chapter 
 10, Title 21, Compiled Laws of LTah, 1907, defining election 
 offenses wherever applicable shall apply to and are hereby 
 made applicable to all elections held under the provisions of 
 this act. 
 
 Section 57. Form of petition. The form of petition shall 
 
 be substantially as follows: 
 
 PETITION FOR LOCAL LIQUOR ELECTION. 
 
 We, the undersigned legal voters of (here insert, as the 
 case may be, name of city, town or county unit), respectfully 
 
 petition, that on the last Tuesday of June, 19.. an election 
 
 be held to determine whether the sale of intoxicating liquors 
 shall be allowed or prohibited in (state name of city, town or 
 county unit), and each for himself says: I have personally 
 signed this petition and my residence, postoffice and voting 
 district are correctly written after my name. 
 
 Name Residence Postoffice Voting District 
 
 (Street and number, if any.) 
 
 (Here follows twenty lines for signature.) 
 
 Such separate sheets shall be fastened together in one 
 petition and .filed as a whole. 
 
 The city recorder, town clerk or county clerk, as the case 
 may be, shall, upon receipt of such petition immediately file 
 the same and shall, if such petition be for an election in any 
 city or town, thereupon compare the signatures of the electors 
 signing the same with the names on the registration books 
 and blanks on file in his office for the last city or town elec¬ 
 tion, and shall, if such petition be for an election in any county 
 
27 
 
 unit, thereupon compare the signatures of the electors signing 
 ^ the same with the names on the registration books and blanks 
 
 on file in his office for the last general election. If the requi¬ 
 site number of qualified electors shall have signed the pe- 
 > tition and if the same is in substantial conformity with the 
 
 provisions of this act, he shall thereupon see that it is en¬ 
 tered in full in the records of the city council, board of trustees 
 or board of county commissioners, omitting the signatures, 
 but stating the number of signers. 
 
 Section 58. Notices of election. Form. At least twenty 
 days previous to any election hereunder, the city recorder, 
 town clerk or county clerk, as the case may be, shall deliver 
 to the chief of police, marshal, or other chief peace officer of 
 said city or town, or sheriff of any county, at least three 
 notices of the election for each voting district in said city, 
 town or county unit. Said notice shall be substantially in the 
 following form: 
 
 LIQUOR ELECTION NOTICE. 
 
 Notice is hereby given that on Tuesday the.day of 
 
 June, 19. an election will be held to determine whether 
 
 the sale of intoxicating liquors shall be allowed or prohibited 
 in (here insert the name of the city, town or county unit) 
 which said election will be held at 7 o’clock in the morning 
 and shall continue until 7 o’clock in the afternoon of said day. 
 
 Dated this. day of ...19... 
 
 (City Recorder, Town Clerk or 
 County Clerk of the City, Town 
 or County of........Utah) 
 
 It shall be the duty of the chief of police, marshal or 
 other chief peace office of such city or town or sheriff of any 
 county, at least twelve days before any election hereunder to< 
 cause said notices to be posted in public places in the vicinity 
 of the polling place or places. 
 
 Thereupon the city recorder, town clerk, or county clerk, 
 as the case may be, and the chief of police, marshal or other 
 chief peace officer or sheriff of any county shall each file with 
 the city council, board of trustees or board of county commis¬ 
 sioners, a brief statement, under oath, of their compliance 
 
28 
 
 with the provisions of this section; such statement shall be 
 entered in the records of the city council, board of trustees 
 or board of county commissioners, and such record shall be 
 prima facie evidence that all the provisions of this section 
 have been fully complied with. 
 
 Section 59. Ballots. For such election it shall be the 
 duty of the city recorder, town clerk or county clerk, as the 
 case may be, to arrange ballots and have them printed in sub¬ 
 stantially the following form: 
 
 BALLOT IFOR LIQUOR ELECTION. 
 
 Vote for or against the sale of intoxicating liquors for 
 beverage purposes for the city, town or county unit of.u. 
 
 Mark X in the square to the right. 
 
 For Sale . 
 
 Against Sale |_•_ 
 
 There shall be a space of approximately one inch between 
 the squares in which the voters are to mark. 
 
 It shall be the duty of the city recorder, town clerk or 
 county clerk as the case may be, to furnish each voting dis¬ 
 trict, official and sample ballots equal in number to that re¬ 
 quired at city, town or general elections, by the election laws 
 of the state, and at the times and in the manner therein re¬ 
 quired. Those favoring sale of intoxicating liquors shall mark 
 (X) in the square at the right of the words, “For Sale” and 
 those opposed shall mark (X) in the square at the right of the 
 words, “Against Sale." At any election held under this law, 
 judges of election shall, if requested, permit one person, desig¬ 
 nated by the petitioners and also one other person to be des¬ 
 ignated in the same, way by five persons known to be opposed 
 to the petitioners, to stand outside of the guard rail at the 
 polls during the progress of the ballot as challengers, and also 
 during the counting of the votes. 
 
 Section 60. Election law of state to apply when not other¬ 
 wise provided. In all elections hereunder, in all matters and 
 proceedings not herein specified, the provisions of the election 
 
29 
 
 laws of the state, relating to elections in cities, towns and gen¬ 
 eral elections, including provisions relating to expenses of 
 elections, shall apply so far as the same are applicable. 
 
 Section 61. Returns. In case of elections in cities and 
 towns, returns shall be made and votes canvassed as nearly as 
 possible as provided for votes cast at city and town elections; 
 and in case of elections in county units, returns shall be made 
 and votes canvassed as nearly as possible as provided for 
 votes cast in general elections; and said city council, board 
 of trustees, or county commissioners, as the case may be, shall 
 immediately after the canvass, make an order declaring the re¬ 
 sult of said vote, and, if a majority of the votes cast in such 
 city, town or county unit, as the case may be, are “Against 
 Sale,” the sale of intoxicating liquors within such city, town 
 or county unit shall after the date fixed in the proclamation 
 hereinafter provided for, be unlawful except the sale by drug¬ 
 gists or pharmacists, as provided in this act; and, if a majority 
 of the votes cast in such city, town or county unit, as the 
 case may be are “For Sale,” sale of intoxicating liquors within 
 such city, town or county unit, as the case may be, shall, 
 after the date of the proclamation hereinafter provided for, 
 be permitted as in this act provided. The order thus made 
 shall be held to be prima facie evidence that all provisions of 
 law have been complied with in giving notice; of and holding 
 such election and in counting and returning the votes and 
 declaring the results thereof. 
 
 Section 62. Canvass of votes. Declaration of results. 
 
 The mayor of any city, president of the board of trustees of 
 any town or the chairman of the board of county commission¬ 
 ers of any county unit voting upon the question shall, within 
 five days after the votes have been canvassed and the result 
 declared, issue his proclamation declaring the result of such 
 election, and, if the result be “Against Sale,” declaring that the 
 sale of intoxicating liquors within such city, town or county 
 unit shall be unlawful after the first day of October imme¬ 
 diately following such election; and, if such result be “For 
 Sale,” declaring that the sale of intoxicating liquors shall be 
 permitted after the date of such proclamation, as in this act 
 provided. Such proclamation shall be published for five days 
 in some newspaper published in the city, town or at the 
 
30 
 
 county seat of the county in which such county unit is con¬ 
 tained, as the case may be, or in lieu thereof, be posted in 
 five conspicuous places for ten days in said city, town or in 
 one conspicuous public place in each voting district of said 
 county unit, as the case may be. In every city, town or county 
 unit that shall return a majority vote “Against Sale,” the pro¬ 
 hibitive law shall take effect on the first day of October im¬ 
 mediately following; provided, that no license for the sale of 
 intoxicating liquors in any city, town or county unit shall be 
 granted for the whole or any part of the period between the 
 election herein provided for and the first day of October im¬ 
 mediately following, except to a person who held a license on 
 the day of such election, and as to such person, he shall be 
 entitled to a license subject to* the terms of this act. 
 
 Section 63. Date effective where majority vote is 
 “Against Sale.” All who are engaged in selling intoxicating 
 liquors within any city, town or county unit that shall return 
 a majority vote “Against Sale,” shall after the thirtieth day 
 of September immediately following such election, cease sell¬ 
 ing or giving away any intoxicating liquors within such city, 
 town or county unit, and any person who shall thereafter, 
 within such city, town or county unit, sell, exchange, barter, 
 dispose of, or otherwise furnish in violation of the provisions 
 of this act, any intoxicating liquors whatsoever, or in any 
 way violate any of the provisions of this act, shall be subject 
 to prosecution under the laws of the State of Utah, and shall 
 be punished, unless otherwise stated, as provided in Section 
 65 of this act. 
 
 Section 64. License fee for unexpired term to be re¬ 
 funded. In all cases where any person, firm or association of 
 persons pursuing the occupation of liquor dealers under 
 license issued in accordance with the laws of this State, or by 
 any municipality in this State, shall be prevented from pursu¬ 
 ing such occupation for the full time for which he would 
 otherwise be entitled by reason of any election provided for 
 in this act resulting “Against Sale,” the proportionate amount 
 of such license fee paid for the unexpired term, shall be re¬ 
 funded by the city, town or county, as the case may be. 
 
 Section 65. Violations. Penalty. Any person who shall 
 in any way violate any of the provisions of the law of this 
 
 j 
 
31 
 
 State relating to the manufacture and sale of intoxicating li¬ 
 quors as contained in Chapter 106, Laws of Utah, 1911, and 
 all acts amendatory thereof shall be deemed guilty of a mis¬ 
 demeanor and shall be punished by a fine of not less than 
 Fifty Dollars or more than Two Hundred Ninety-Nine Dol¬ 
 lars, or by imprisonment in the county jail for not less than 
 thirty days or more than six months, or by both such fine and 
 imprisonment. If any person shall be convicted a second time 
 for violating any of the provisions of the law of this State 
 relating to the manufacture and sale of intoxicating liquors, 
 as set forth in Chapter 106, Laws of Utah, 1911, and all acts 
 amendatory thereof, such person shall be punished for such 
 second and each subsequent violation by both such fine and 
 imprisonments 
 
 Section 66. Licenses now in effect to be annulled, when. 
 
 Refund. All licenses granted under any law of this state or 
 under any city, town or county ordinance shall cease and be 
 null and void on the first day of October, 1911, unless such 
 license is sooner terminated by its own terms, or otherwise. 
 All moneys paid upon any license which by its terms extends 
 beyond the first day of October, 1911, shall, as to the period 
 after such date, be refunded by any city, town or county to 
 which such license was paid. 
 
 All licenses granted on or after October 1, 1911, shall be 
 granted at the minimum annual rates provided in this act, 
 unless such rates shall be increased as herein provided, and 
 the amount collected from any licensee shall be such propor¬ 
 tion of the whole annual license as the time for which the 
 license is granted bears to the whole year. 
 
 Section 67. Provisions of this act not applicable, when. 
 The provisions of this act shall not be construed to apply 
 to any gift by any person in case of any injury to any one or 
 in case of emergency for medicinal purposes, nor to the use of 
 such liquors in the homes of individuals for family or private 
 use. 
 
 Section 68. Powers of cities, towns and counties to re¬ 
 strict and regulate traffic. Nothing in this act contained 
 shall prevent or prohibit any city council, board of commis¬ 
 sioners, board of trustees or board of county commissioners, 
 
32 
 
 from enacting restrictions upon and regulations of the traffic 
 in intoxicating liquors in “wet territory" in addition to but 
 not in conflict with the provisions of this act; nor shall this 
 act or any provision thereof be so 1 construed as to abridge or 
 limit the charter powers of municipal corporations with refer¬ 
 ence to the suppression or prohibition of the said liquor traf¬ 
 fic in “dry territory" within this State, except that no 1 munici¬ 
 pal corporation shall prohibit or hinder what is permitted un¬ 
 der the provisions of Chapter 106 of the Laws of Utah, 1911, 
 or any amendment thereof, applicable to such corporation, pro¬ 
 vided, that a conviction or an acquittal in a prosecution for a 
 violation of any of the provisions of said Chapter 106, or any 
 amendment thereof, or for a violation of any municipal ordi¬ 
 nance adopted as permitted in this section hereof, shall be a 
 bar to any prosecution either by the State or by such munici¬ 
 pality, against the same person for the same act, or acts, as 
 those for which such conviction or acquittal shall be obtained. 
 
 Section 69. Repeal. Sections 1242 to 1260, both inclu¬ 
 sive, and Sections 1260x and 1260x1, all of Title 39, Com¬ 
 piled Laws of Utah, 1907, are hereby repealed. 
 
 Approved' March 20th, 1911. 
 
 Amended, 1913.