Chapter 9.10
SALE OF LIQUOR TO INTOXICATED PERSONS
Sections:
9.10.010 Selling liquor to intoxicated persons unlawful.
9.10.020 Notice of persons who should not be sold alcohol.
9.10.050 Failure to abide by notice.
9.10.010 Selling liquor to intoxicated persons unlawful.
It shall be illegal and criminal for any person, proprietor or bartender of any saloon or barroom or any other place where intoxicating liquors are kept for sale, or for any person, whether he be a saloon keeper, bartender or not to sell, barter, give away or treat or in any manner dispose of any intoxicating, spirituous, malt or vinous liquor to any person who is an habitual drunkard, or who is in the habit of becoming intoxicated, or who is in the habit of drinking intoxicating liquors to excess. [Ord. 38 § 1, 1911.]
9.10.020 Notice of persons who should not be sold alcohol.
Upon the written request of any relative or guardian of any person who is an habitual drunkard or in the habit of becoming intoxicated or who is in the habit of drinking intoxicating liquors to excess, by majority of the council of the town of Yacolt, he may be declared so to be by the police judge of Yacolt and upon the written request of the police judge of the town of Yacolt to the clerk of said town to give notice thereof, it shall be the duty of the clerk of said town to issue notice, signed by him under the seal of the town of Yacolt directed to all whom it may concern warning them against selling, bartering, giving away or treating, or in any manner disposing of any intoxicating spirituous, malt or vinous liquors to such person or persons as may be named in the request above mentioned and such notice shall be by the town clerk placed in the hands of the town marshal for service and such marshal shall at once serve notice by delivering a copy thereof certified by him as such marshal to the proprietor of any place in the town of Yacolt where any intoxicating, spirituous, malt or vinous liquors are kept for sale and also shall post three notices in three public places in the town of Yacolt, the same being a copy of said notice given said city marshal by said clerk of Yacolt. [Ord. 38 § 2, 1911.]
9.10.030 Form of notice.
The proprietor of each and every saloon or barroom or other places where intoxicating liquors are kept for sale shall have posted in his place of business a notice in the following form:
Notice is hereby given that an order has been issued and served upon the proprietor of this place, prohibiting the selling, bartering, giving away, treating, or in any manner disposing of intoxicating, spirituous, malt or vinous liquors to the persons whose names are hereto attached, to wit: etc.
[Ord. 38 § 3, 1911.]
9.10.040 Duty of shop owners.
Whenever a notice has been served, as prescribed above, upon the proprietor of any barroom, drinking shop, or place where intoxicating liquors may be kept for sale, the proprietor of such place shall immediately attach the name of the persons named in such notice on said notice posted in his place of business, as aforesaid, and any proprietor of any place in the town of Yacolt where intoxicating, spirituous, malt or vinous liquors may be kept for sale who shall fail to post and keep said notice posted, as above prescribed, or shall fail to immediately attach thereto the name of any person in any such notice served upon him as above provided in this chapter, shall be deemed guilty of a misdemeanor and punished as provided in this chapter and it shall not be a defense in the prosecution under the provisions of this chapter that the person to whom such liquors were sold or disposed of is not an habitual drunkard, or in the habit of becoming intoxicated; provided, that such notice shall have been issued by the town clerk of Yacolt, pursuant to the written request of the police justice authorized by this chapter to make such request and shall have been served upon such proprietor as provided in this chapter. [Ord. 38 § 4, 1911.]
9.10.050 Failure to abide by notice.
Whenever a notice has been posted by said town marshal, as hereinabove prescribed, any person, whether he be a saloon-keeper, bartender or other person, who shall barter, sell, give to or in any wise dispose of to any person named in said notice within the limits of the town of Yacolt any intoxicating liquor, malt or vinous liquor, shall be guilty of a misdemeanor, and punished as provided in this chapter and it shall not be a defense in the prosecution under the provisions of this chapter that the person to whom such liquor was sold or disposed of is not an habitual drunkard or not in the habit of becoming intoxicated; provided, such notice shall have been issued by the city clerk of Yacolt, pursuant to the written request of said police justice, as above specified, and shall have been posted as provided in this chapter. [Ord. 38 § 5, 1911.]
9.10.060 Violation – Penalty.
Any and all persons violating this chapter, upon conviction before a police justice of the town of Yacolt, shall be punished by fine in any amount not exceeding $100.00, or by imprisonment in the town jail for a term not exceeding 30 days or both such fine and imprisonment. [Ord. 38 § 6, 1911.]