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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.