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About The frontier. (O'Neill City, Holt County, Neb.) 1880-1965 | View Entire Issue (June 27, 1935)
The Frontier D.H. Cronin. Editor and Proprietor Entered at the Postoflfice at O’Neill, Nebraska as Second Class Matter. ADVERTISING RATES: Display advertising on pages 5, 5 and 8 are charged for on a basis of 25c an inch (one column wide) per week; on page I the charge is 40 cent an inch per week. Want ads, 10c per line, first insertion, subsequent insertions, 5c per line. One Year, in Nebraska 12.00 One Year, outside Nebraska $2.25 Every subscription is regarded as an open account. The names of subscribers will be instantly re moved from our mailing list at ex piration of time paid for, if pub lisher shall be notified; otherwise the subscription remains in force at the designated subscription price. Every subscriber must understand that these conditions are made a part of the contract between pub lisher and subscriber. ORDINANCE NO. 157A AN ORDINANCE relaWng to al cholic liquors; making various definitions in relation thereto; providing rules and regulations for the manufacture, transporta tion and sale of such liquors; establishing such regulations re garding where such liquors are sold; providing levy of occupa tion taxes upon business in such liquors; providing1 against driv ing motor vehicle while intoxi cated or drunk; imposing fines and penalties for violation of the provisions of this Ordinance; providing for hire of help in such places where such alcoholic liqu ors are sold; repealing Ordin ance No. 141A and other Ordin ances in conflict herewith and prescribing when this Ordinance shall be in full force and effect. Be it ordained by the Mayor and City Council of the City of O’Neill, Nebraska: r Section 1. Unless the context otherwise requires, the words and phrases herein defined are used in this ordinance in the sense given them in the following definition: (1) The word “Alcohol’’ means the product of distillation of any fermented liquid, whether recti fied or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol. It does not include denatured alcohol or wood alcohol. (2) The woVd “Spirit” means any beverage which contains alcohol obtained by dis tillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin or other spirituous liquors and such liquors when rectified, blended or other wise mixed with alcohol or other substances. (3) The word “Wine ’ means any alcoholic bever age obtained by the fermentation of the natural contents of fruit or vegetables, containing sugar, in cluding such beverages when forti fied by the addition of alcoholic spirits, as above defined. (4) The word "Beer” means u beverage obtained by alcoholic fermen tation of an infusion or concoction of barley, or other grain, malt and hops in water, and includes, among other things, beer, ale, stout, lager beer, near beer, porter and the like. (S) The l’hrase “Alco hoik* Liquor” includes the four varieties of liquor above defined “Alcohol,” “Spirits.” “Wine” and “Beer” and every liquid or solid, patented, or not, containing alcohol, spirit wine or beer, and capable of being consumed as a beverage by a human being. The provisions of this ordinance shall not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with acts of Congress and regulations promulgated there under. Nor shall the provisions of this ordinance apply to flavoring extracts, syrups, or medicinal, mechanical, scientific, culinary or toilet preparations, or food pro duct* unfit for beverage purposes, but the provisions of this ordinance shall not be construed to exclude alcoholic liquor used in the manu facture, preparation or compound ing of such products. None of the provisions of this ordinance shall apply to alcoholic liquor used in the manufacture, preparation or compounding of such products. None of the provisions of this or dinance shall apply to wine intend ed for use and used by any church or religious organization for sac ramental purposes. (6) The phrase “Original Package” means any bottle, flask, jug, can, cask, barrel, keg, hogshead or other re ceptacle or container, whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor. (7) The word "Manufacturer” means every brewer, fermenter, distiller, rectifier, wine maker, blender, pro cessor. bottler or person who nils or refills an original package and others engaged in brewing, fer menting, distilling, rectifying, or bottling alcoholic liquors as above defined. (8) The words "non beverage user” means every manu facturer of any of the products set forth and described in sub-section (a) of Section BO of the Nebraska Liquor Control Act, when the same contains alcohol, and all labora-1 tories and hospitals and sanatoria using alcohol for non-beverage purposes. (9) The word "manu facture” means to distill, rectify, ferment, brew, make, mix. concoct, process, blend, bottle or fill an or iginal package with any alcoholic liquor, and includes blending, but does not include the mixing or I other preparation of drinks fori serving by those persons author- j ited and permitted in this ordin- j ance to serve drinks for consump-1 tion on the premises where sold. (10) The word “distributor" means the person, as hereinafter defined, importing or causing to be imported into the state, or pur chasing or causing to be purchased within the state, alcoholic liquors for sale or resale to retailers li censed under Nebraska Liquor Con trol Act. (11) The word “person” includes any natural person, cor poration, partnership or associ tion. (12) The word “retailer” means a person who sells, or offers for sale, alcoholic liquors for use and consumption and not for re sale in any form. (13) “Sell at Retail" and “sale at retail ’ refer to mean sales for use or consumption and not for resale in any form. (14) The word “commission" means the Nebraska Limior Con trol Commission. (15) The word “sale” means any transfer, ex change or barter in any manner or means whatsoever for a consid eration, and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee. (16) The word “to sell” includes to sol icit or receive an order for, to keep or expose for sale and to keep with intent to sell. (17) The word “restaurant” means any public place kept, used, maintained, ad vertised and held out to the public as a place where meals are served, and where meals are actually and regularly served, without sleeping accommodations, such space being provided with adequate and sani tary kitchen and dining room equip ment and capacity and having em ployed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. (18) The word “club” means a corporation organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, kept, used and maintained by its members through the payment of annual dues and owning, hiring or leasing u build ing or space in a building, of such extent and character as may be suitable and adequate for the reas onable and comfortable use and ac commodation of its members and their guests and provided with suit able and adequate kiitchen and din ing room space and equipment and maintaining a sufficitnt number of servants and employees for cook ing, preparing and serving food and meals for its members and their guests; Provided, that such club files with the city clerk at the time of its application for a license under The Nebraska Liquor Control Act two copies of a list of names and residences of its mem bers, and similarly files within ten days of the election of any addi tional members his name and ad jdress; and provided further, that its affairs and management are conducted by a board of directors, executive committee or similar body chosen by the members at their annunl meeting, and that no member or any officer, agent, or employee of the club is paid, or directly or indirectly receives, in the form of salary or other com pensation any profits from the dis tribution or sale of alcoholic liquor to the club or the members of the club or its guests introduced by members, and that no member, officer, agent, or employee of the club is paid, or directly or indirect ly receives, in the form of salary or other compensation any profits from the distribution or sale of alcoholic liquor to the club or the members of the club or the memb ers of the club or its guests intro duced by members beyond the amount of such salary as may be fixed and voted at any annual meet ing by the members or its board of directors or other governing body out of the general revenues of the club. (I!*) The word “Hotel" means every building or other structure kept, used, maintained, advertised and held out to the pub lic to be a place where food is act ually served and consumed and sleeping accommodations are offer ed for adequate pay to travelers and guests, whether transient, per manent or residential, in which twenty-five or more rooms are used for the sleeping accommodations of such guests, and having one or more public dining rooms where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the same building in connection therewith and such building or buildings, structure or structures being provided with adequate and sanitary kitchen and dining room equipment and capacity. Section 2. It shall be unlawful for any person to manufacture for sale, sell, keep for sale or to barter, or exchange, under any pretex any alcoholic liquor within said city unless said, person shall have in full force and effect a license therefor as provided by the Ne braska Liquor Act. Section 3. (a) No person shall, within such city, sell or give any alcoholic liquors to, or procure any such liquor for, or permit the sale or gift of any such liquor to, or the procuring of any such liquor for, any minor or any person who is mentally incompetent or any person who is physically or ment ally incapacitated due to the con sumption of such liquors, (b) No minor shall within such city rep resent that he is of age for the purpose of asking for. purchasing or receiving any alcoholic liquors from any person. Any person vio lating any provision of sections "a” or “b” of this sectioon shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $50. Section 4. No person shall, within such city sell at retail any alcoholic liquor, including beer, or. the day of any national, state, county, or municipal election, in cluding primary election, during the hours the polls are open in said city. No person shull within such city sell at retail any alcoholic liquors, except beer, on the first day of the week commonly called Sunday. No person shall sell beer, at retail, on Sunday, within such city, except between the hours of (5 A. M. and 12 P. M.. midniight. It shall be unlawful for any person to sell alcoholic liquors, except beer, within such citv on secular days between the hours of 12 o’clock P. M., midnight, and 6 o’clock A. M. Section 5. It shall be unlawful for any person or persons holding a license or licenses for the sale at retail of beer and of alcoholic liquors other than beer to sell, or keep for sale, wiithin any such city, beer and alcoholic liquor other than beer, except in separate and distinct rooms or premises. Rooms and-or premises shall be deemed separate and distinct only when located in buildings which are not adjacent, or when so sep arated by walls or partitions that access cannot be had directly from one to the other by means of doors or other openings. Section 6. No person holding a license for the sale at retail of al coholic liquors, including beer, shall sell within such city, any such liquors or conduct any of the busi ness for which such liceense is re quired in any room or premises not provided with a public entrance at the front thereof, opening upon a public street, and no person hold ing such license shall permit the use of any entrance other than such front entrance for any pur pose other than the use thereof by the licensee, his family or em ployees, or for ingress and egress by other persons for the purposes of lawful labor or business other than the purchase at retail or the consumption of alcoholic liquors. Section 7. In premises within such city upon which the sale of alcoholic liquor (for consumption on the premises) is licensed (other than restaurants, hotels or clubs) no screen, blind, curtain, partition article or thing shall be permitted in the windows or upon the doors of such premises, and no booth, screen, wall, partition, or other ob struction, nor any arrangement of lights shall be permitted in or about the interior of such licensed premises which shall prevent a full and clear view of the entire inter ior of such premises from the streets, road or sidewalks. All rooms where alcoholic liquors are sold shall be continuously lighted during business hours by natural or artificial light. Section 8. It shall be unlawful for any person to consume alcohol ic liquors within such city in the public streets, alleys, roads or highways or upon property owned by the state or any governmental subdivision thereof, or inside ve hicles while upon the public streets, alleys, roads or highways, in theaters, dance halls or in any other place open to the public, and no person shall drink any aleh holic liquors other than beer upon any premises within which beer is sold at retail; provided that noth ing herein contained shall be con strued to prohibit persons purchas ing beer upon premises within which beer is lawfully sold for consumpt ion on the premises from drinking such beer on such premises. Section 9. It shall be unlawful for any person to have in his pos session within such city for sale at retail any alcoholic liquors contain ed in bottles, casks or other con tainers except the original pack age. Section 10. Every licensee un der the Nebraska Liquor Control Act within such city shall cause his license or licenses to be framed and. hung in plain public view in a conspicuous place on the licensed premises. Section 11. No non-beverage user shall within such city sell, give away or otherwise dispose of any alcohol, purchased under a license as such non-beverage user, in any form fit for beverage pur poses. Section 12. It shall be unlawful for any person to drive any motor 1 vehicle on the streets of such city while under the influence of intoxi cating liquor. Any person found guilty of such offense, in addition to the general penalty provided hereafter for the violation of the provisions hereof, shall be adjudg ed and ordered by the court not to 4five a motor vehicle within the WANTED Reliable Young Man By National Organization Must he now employed, have foresight, fair education, mechanical inclinations, and willing to train in spare time or evenings to qualify as IN STALLATION and SERVICE expert on all types of Elec tric Keferigerators and Air Conditioning equipment. For interview write, giving age and present occupation. UTILITIES ENGINEERING INSTITUTE ■104 N. Wells St„ Chicago, III. RUNNING HORSE RACES 5 RACES DAILY 5 8 Horses In Each 8 Starting at 2:00 o’clock WED. THl’RS. FRIDAY July 3, I & 5 PARI-MUTUEL BETTING Rest Track in Northeast Nebraska FREE AUTO PARKING Admission, adults, 40c Benefit Cedar County Fair state of Nebraska for a period of one year from the date of such conviction. Section 13. It shall be unlawful for any licensee under the Nebras ka Liquor Control Act with a place of business within said city, to per mit, on premises where alcoholic liquors are consumed thereon, en tertainments other than music from musical instruments or enter tainment from radios. Section 14. It shall be unlawful for any person to dance or for any licensee under the Nebraska Liquor Control Act with a place of busi ness within such city to permit dancing, on premises within which alcoholic liquors are sold for con sumption. Section 15. It shall be unlawful for any person to have possession of any alcoholic liquors within such city which shall have been acquired otherwise than from a licensee duly licensed, to sell same to such person under the provisions of the Nebraska Liquor Control Act; Pro vided, however, nothing herein con tained shall prevent the possession of alcoholic liquor for the personal use of the possessor, his family and guests, nor prevent the mak ing of wine, cider or other alcoholic liquor by a person from fruits, vegetablels or grains, or the pro duct thereof, by simple fermenta tion and without distillation, if it be made solely for the use of a maker, his family and his guests; and provided, further that nothing herein contained shall prevent any duly licensed practicing physician or dentist from possessing or using alcoholic liquor in the strict prac tice of his profession, or any hos pital or institution caring for the sick and diseased persons, from possessing and using alcoholic liquor for the treatment of bona fide patients of such hospital or other institution; and provided further that any drug store em ploying a licensed pharmacist may possess and use alcoholic liquors in the compounding of prescriptions of duly licensed physicians; and provided further that the possess ion and dispensation of wine by an authorized representative of any church for the purpose of conduct ing any bona fide rite or religiious ceremony conducted by such church shall not be prohibited by this ordinance. Section 16. If the owner of the licensed premises or any person from whom the licensee derives the right to possession of such prem ises, or the agent of such owner or person, shall knowingly permit the licensee to use said licensed prem-. ises in violation of the terms of this Ordinance, said owner, agent or other person shall be deemed guilty of a violation of this Ordin ance to the same extent as said, licensee and be subject to the same punishment. Section 17. Every act or ommission of whatsoever nature constituting a violation of any of the provisions of this Ordinance, by any officer, director, manager or other agent or employee of any licensee, if said act is committed or omission is made with the au thorization, knowledge or approval of the licensee shall be deemed and held to be the act of such employer or licensee, and said employer or licensee shall be punishable in the same manner as if said act or ommission had been done or omit ed by him personally. Section 18. The violation of any proviision of this ordinance shall constitute a misdemeanor and upon conviction thereof, except where a different penalty for said offense is herein provided, the. defendant shall be fined in any sum not ex ceeding one hundred dollars; and in the case of all violations of this Ordinance, the defendant shall be adjudged to pay the costs of pros ecution, and shall be committed to the city jail (at hard labor upon the streets or elsewhere for the benefit of the city) until such fine and costs are paid or he be other wise released by proper authority. Section 19. That all police offi cers of the city of O’Neill, Nebras ka, are hereby authorized to enter at any time upon any premises of any licensee under the Nebraska Liquor Control Act within said city to determine whether any of the provisions of such Act or of this Ordinance, or any rules or regu lations adopted by such ciity or by the Nebraska Liquor Control Commission have been or are being violated and at such time to ex amine sufficiently said premises of said licensee in connection there with. Section 20. OCCUPATION TAX. For the purpose of raising revenue within said city there is hereby levied upon the following described businesses conducted in said city the following designated occupa tion taxes: Manufacturer of alcohol and spirits _ $1,000.00 Manufacturer of beer . 100.00 Manufacturer of wine _ 100.00 Alcoholic liiquor distrib utor (except beer) _ 250.00 Beer distributor ..1_ 250.00 Retailer of beer only, for consumption on the premises ...— 25.00 Retailer of beer only, for consumption off the premises (sale in the or iginal package only) — 25.00 Retailer of alcoholic liquor liquors for consump tion on the premises and off the premises (sale in the original package only) . 250.00 Retailer of alcoholic liquors, including beer, for consumption off the premises (sale in the origi nal packages only) ___ 150.00 Non beverage user Class 1 — -s.— __ 5.00 Class 2_—- 25.00 Class 3 . 50.00 Class 4 „_..___ 100.00 Class 5 _ 250.00 Such occupation tax so levied shall be paid to the City Treas urer for the benefit of the general t fund of said, city immediately after the final issuance of license under the Nebraska Liquor Control Act for any such business. The City Treasurer shall issue his receipt for such tax when paid, properly date, specifying the per son for whom paid and for what purpose. If such City Treasurer be unable to collect such occupa tion tax when due he shall immedi ately report such facts to the City Attorney who shall then proceed by civil suit in the name of the city to collect the amount due. i This remedy shall not be exclusive of any other right of action but merely cumulative. Section 21. That Ordinance No. (Continued on page 5, column 6.) . t'ive fa '—drive fact —without a worry! With Conoco Germ Processed Oil in your crankcase, i you KNOW the strain won’t hurt your motor! Tesla prove this new alloyed oil has 2 to 4 times greater film strength than plain mineral oils and resists heat better! On July 4th or week-end and vacation trips, you'll want to drive far and get there in a hurry. And you don't want that nagging worry of “I wonder if this speed and heat will hurt anything in my motor.” You can’t always be sure when you use plain mineral oils, for they have little film strength and oils over-refined by new cleansing processes have even less. Moreover, as motor heat goes up, these oils rapidly lose film strength. Film strength is the load-carrying ability of an oil, the quality that keeps bearings and cylinders from wearing out. Lack of film strength results in costly damage. You can drive without a worry when you use Conoco Germ Processed Mo tor Oil! It has 2 to 4 times greater film strength than any plain mineral oil. 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Conoco Germ Processed Motor Oil is the first alloyed oil—alloyed, much as metals are, by adding concentrated oily essence to highly refined oil. It is the only oil made by the Germ Pro cess. It is the oil with the “Hidden Quart” that stays up in your motor and never drains away! Say“0. K.—Drain”—fill with Germ Processed Oil. Drive far—drive fast —without a worry! CONOCO ERM PROCESSED > PARAFFIN RASi MOTOR OIL j ' CONTINENTAL'OIL COMPANY’S 60th ANNIVERSARY ~ r SOLD BY ‘ { ARBUTHNOT & REKA SERVICE STATION Across the street from the Public Library O'NEILL. NEBRASKA - - . — - - ■ _ --- --
