The Frontier
D.H. Cronin. Editor and Proprietor
Entered at the Postoflfice at O’Neill,
Nebraska as Second Class Matter.
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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.)
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■H CONOCO GERM PROCESSED MOTOR OIL
PLAIN MINERAL OILS
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Across the street from the Public Library
O'NEILL. NEBRASKA
- - . — - - ■ _ --- --
