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HomeMy WebLinkAboutOrdinances - n/a - 06/01/1908 - Liquor and Dram ShopsAN ORDINANCE. i An ordinance regulating the sale of intoxicating liquors, and the running of dram shops. Be it ordained by the President and Board of Trustees of the Village of Mc- Henry, County of McHenry,, and State ObIlinois, as follows, towit: Section .1. That the President and Board of Trustees may, in its discretion, grant a license, or a reasonable number Of licenses, to such person or persons as may apply therefor, and whom said President and Board of Trustees may deem suitable, proper and fit persons to sell, give away or otherwise dispose of intoxicating, malt, vinous, mixed or fer- mented liquors, within the Village of McHenry, for a term not exceeding one year, upon such person or persons pay- ing into the said Village Treasury, in advance, the sum of five hundred ($500.00) dollars; provided that all li- censes so issued shall expire on the last day of April next after the same are so issued, and provided further that no such licenses shall be transferable or used by or construed to authorize any other person or persons to sell, give away or otherwise dispose of any intox- icating, malt, vinous, mixed or ferment- ed liquors in more than one place in said Village, and provided also that any license so issued may be revoked by the President and Board of Trustees of said Village at any regular meeting, or at any special meeting, whenever the President or Board of Trustees find that the person or persons having any such license have violated any provision of this ordinance, or whenever said President and Board of Trustees find that any person or persons having such license, keep a disorderly or ill governed house or place of resort for idle or dissolute persons, or allow persons to congregate and drink any of the liquors aforesaid on premises adjacent to the saloon so being run by any such person or persons holding such license; and provided further that whenever any such license is so revoked by said Presi- dent and Board of Trustees, the party :)r parties to whom any such license was ao granted, shall forfeit to the said Village of McHenry all money paid by iim or them for such license, and said Village shall in no case be held liable to 'spay to any such person or persons any )art or portion of the sum so paid for uch license, and the clerk of said Vil- age shall, upon any such license being o revoked, give the party or parties folding the same, immediate notice in vriting of such revocation, and after nch notice is so given, such license hall be deemed absolutely void, and all ights under the same forfeited. that any person or persons desirous of obtaining a license to sell or dispose of any intoxicating, malt, vinous, mixed or fermented liquors within said Village, must make application in writing to the said President and Board of Trustees of said Village, at any meeting thereof, deelgnating and describing the building, and particular room or rooms -'where such person or persons desire 'to sell said liquors; and it shall be unlawful for any person or persons to whom any such license may be so granted, to sell or dispose of said liquors in any room of rooms other than the one or ones sc specified and designated in such appli- cation, which shall also be so specified in said license. Section 3. Be it further ordained that before any license shall be issued under the provisions of this ordinance, the person or persons to whom the same is to be so granted shall execute a good and sufficient bond with sureties to be approved by the President and Board of Trustees, payable to the people of the State of Illinois, in the penal sum of three thousand ($3000) dollars, condi- tioned as provided by the Statute; and any such person or persons shall also execute a good and sufficient bond, with sureties to be approved by the President and Clerk of said Board of Trustees, payable to the Village of McHenry, in the penal sum of five hundred ($500.00) dollars, conditioned that such party or parties so licensed shall comply with all of the terms and provisions of this ordinance, and pay to the said Village 1 of McHenry any judgment or judg- ments, and costs that may at any time be recovered against any such person or persons by the said Village of McHenry. Section 4. Be it further ordained that after the President and Board of Trus- tees shall grant a license to sell, give away, or dispose of any of the aforesaid mentioned liquors, and the bonds re' quired under the provisions of this ordinance have been duly executed,ap- proved and filed with the Clerk of said Village, said Clerkshall thereupon issue to such person or persons a license sub- stantially in the following form: "TO ALL WHOM IT MAY CONCERN. "This is to certify that the President and Board of Trustees of the Village of McHenry, in the County of McHenry, and State of Illinois, did on the — day of A. D. 190—, at a meeting thereof, grant a license to — to sell, give away or dispose of intoxicating, malt, vinous, mixed or fermented liquors until the first day of May, A. D. 190—, in the following described room or rooms - - situated in the following de- scribed building on -- Street, in the said Village of McHenry, subject to all of the provisions of an ordinance of the Village of Mc- Henry in relation to regulating the sale of intoxicating liquors, and the running of Dram Shops. "This license is accepted by the li- censee —, subject to all of the pro- visions of the above mentioned ordin- ance, with the right of said President and Board of Trustees to revoke the same as therein provided, and with the understanding that in case the same is so revoked the licensee—, shall have no right whataver to recover from said Village any part or portion of the money so paid for sad license, and also with 193 the ,understanding that this license is not transferable. Witness the hands of the President of said Board of Trustees and the Village Clerk, and seal of said Village this — day of , A. D. 190--. President. Attest. Village Clerk." Section 5. Be it further ordained it shall be and it hereby is declared to be unlawful for any person or persons to whom any such license may be or has been granted to at any time allow any chairs, benches, seats or card tables of any kind to be kept in any room or rooms so used by any such person or persons for the sale of such liquors, and it shall be and it hereby is declared to be unlawful for any such person or persons to at any time allow any card playing or shaking of any dice in any such room or rooms, where the afore- mentioned liquors are so being sold or disposed of by virtue of any license here- tofore or that may be granted under the provisions of this ordinance, and it shall be, and it hereby is declared to be un- lawful for any person or persons so holding any such license to keep his said saloon or place of business open between the hours of eleven o'clock p, in. and five o'clock a. in. between the first day of May and the first day of October of each year, and between the hours of ten o'clock p, in. and five o'clock a. in. from the first day of October of each year to the first day of May of the following year, and during such hours it shall be and it hereby is declared to be unlawful to suffer, permit or allow any curtain, screen, partition or other device to in any way obstruct the free open view of any window or glass door opening from any such room or rooms out to any street or other place, where a view of the interior of such room or rooms could be obtained. Section 6. Be it further ordained that it hereby is declared to be unlawful for any person or persons to allow, suffer or permit any minor to at any time be in any room or rooms where the aforesaid liquors are so sold, given away or dis- posed of unless such minor is accom- panied by his parent or guardian, and it is hereby declared to be unlawful for any person or persons at any time with- in the Village of McHenry, to sell, give to or allow any minor to have or pro- cure any of the aforesaid liquors to be drank up in said premises, or to be car- ried therefrom. Section 7. Be it further ordained that it shall be and it hereby is declared to be unlawful for any person or per- sons to at any time sell or give to any intoxicated person, habitual drunkard, or person in the habit of getting intoxi- cated, any intoxicating liquor of any kind, and any person holding a license to sell any of the liquors mentioned in this ordinance who shall at any time permit any such person to drink any of the aforesaid liquors in their said saloon, shall be held to be guilty of a violation of this section. Section 8. - Be it further ordained 1J� that it shall be and it hereby is declared 1 to be .unlawful for any person or per- Son"any time, to sell or give any of the liquors mentioned in this.ordinance to any lunatic or distracted person, or person that is generally supposed to be of unsound mind. Section 9. -Be it further ordained that it shall be and it hereby is declared to be unlawful for any person, or persona, company or companies, corporation or corporations to sell any of the liquors mentioned in this ordinance on the first day of the week, commonly called Sun- day, which shall include the time from mid -night Saturday night to twelve o'clock Sunday night. Section 10. Be it further ordained that it shall be and it hereby is declared i to be unlawful for any person or per- sons, company or companies, corpora• tion or corporations, either by them- selves, their agents or servants to at any time sell any intoxicating, malt, vinous, mixed or fermented liquors in any quantity less than one gallon within the corporate limits of the Village of Mc- Henry, without first having obtained a license so to do, in accordance with the provisions of this ordinance, provided that any person or persons at any time running a drug store in said Village of McHenry, may and shall be granted a license to sell any such liquors solely for chemical, medicinal or sacramental purposes, in any quantity whatever, up- on the payment in advance of the sum of ten dollars, which license shall ex- pire on the last day of the following April; and such druggist shall give a bond in the sum of two hundred dollars, with surety to be approved by said Board, payable to the Village of Mc- Henry, that he will not during said time sell, give away or dispose of any intoxicating liquors except for chemi- cal, medicinal or sacramental purposes. Section 11. Be it further ordained that it shall be and hereby is declared to be unlawful for any person or persons holding a license, to sell any of the liquors mentioned in this ordinance, to at any time permit or allow any slot machine or other gambling device of any kind whatsoever, to be kept, oper- ated or run in or about any such saloon or place where said liquors are so sold; and it is also declared to be unlawful for any such person or persons to at any time permit or allow any fighting, quarreling, singing, loud talking or other disorderly and boisterous conduct in or about any such saloon. Section 12. Be it further ordained that it shall be and it is hereby declared to be unlawful for any person or per- sons at any time holding a license from said Village for the sale of any of the liquors specified in this ordinance, to at any time permit any pool playing or billiard playing, or any other game of any kind or character, to be carried on, or take place in said saloon, or any room adjacent thereto, unless the same is duly-Olicensed by said President and Board of Trustees as provided by ordi- nance of said Village. Section 13. Be it further ordained that any person or persons, company or companies, corporation or corpora- tions, who, either by themselves, their agents, servants or employees, shall at any time violate any provision of this ordinance, shall be fined in any sum not less than twenty-fiye ($25.) dollars, and not exceeding one hundred ($100.) dollars, and the Justice of the Peace or Police Magistrate before whom such conviction is had, shall, as a part of the judgment of conviction, order and di- rect that the person so found guilty, shall be committed to the County jail of McHenry County until such judgment and costs are paid, providing such im- prisonment shall not exceed a period of six months, and provided further that any person so committed to said County jail shall be allowed the sum of one dollar and fifty cents as a credit upon said fine and costs for every twenty-four hours he may be so imprisoned in said jail. Section 14. Be it further ordained that all ordinances, or parts of ordi- nances that in any way conflict with any of the provisions of this ordinance be and the same are hereby repealed. Section 15. This ordinance shall be in full force and effect at the expiration of ten days from and after its passage and publication according to law. Passed this first day of June, A. D. 1908. Approved this first day of June, A. D. 1908. PETER J., FREUND, Pres. Published this llth day of June, A. D. 1908. Attest: H. E. PRICE, Village Clerk. 19r An ordidduce making the annual ap- propriation for the Village of McHenry for the current fiscal year ending May 1, A. D. 1908. Be it ordained by the President and Board of Trustees of the Village of Mc- Henry, in the County of McHenry and State of Illinois, as follows, towit: Section 1. That it is deemed necessary in order to defray all necessary expense and liabilities that will be incurred by the said Village of McHenry for the current fiscal year ending May 1, A. D. 1909, that there shall be and there hereby is appropriated to be provided for by the revenues of said Village ac- cording to law, for the current fiscal year ending May 1st, A. D. 1909, the aggregate sum of ($14,285) fourteen thousand, two hundred and eighty five dollars, and that the object and purpose for which said appropriation is made and the amounts hereby appropriated for the same are as follows, towit: For salary fund ... ... . . ......$1585.00 For sidewalk fund ............. 800.00 For streets, alleys and light fund 2000.00 For public property fund....... 500.00 For water works fund.......... 400.00 For contingent fund............ 2000.00 For building and furning a vil- lage hall fund ................ 7000.00 Section 2. This ordinance shall be in full force and effect .from and after its passage and publication according to law. Resolved by the President and Board of Trustees of the Village of McHenry, that the salary or compensation of the Village Marshal and Village Policeman of said Village, to be appointed in accordance with the ordinance hereto- fore passed for the year ending May 1, 1909, shall be as follows: The said Village Marshal shall receive the sum of fifty dollars per month from May 1, 1908. The said Village Policeman shall re- ceive the sum of fifty dollars per month from May 1, 1908. Passed this first day of June, A. D. 1908. Approved this first day of June, A, D. 1908. PETER J. FREUND, Pros. Published this 11th day of June, A. D. 1908. Attest: H. E. PRICE, Village Clerk.