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HomeMy WebLinkAboutOrdinance 31- 608, Regulates and Controls Places Known as Social Clubs ~~' .. /'>'.. ~ 28'8 'I:\~\.loa. -rr<'ll6'b<l\1\'(.eO-u) ~- ....... \ ./ -- j~,-~ ........ ,., ORDINANCE NO. 608 ~1.1' . AN ORDINANCE PROVIDING FOR THE SUPERVISION, INSPECTION, REGULATION AND CONTROL OF PLACES USED AND OCCUPIED BY WHAT ARE KNOWN AS SOCIAL CLUBS, WHEREIN NON-INTOXICATING BEVERAGES, CIGJ.BS, TOBACCO, CONFECTIONERY, ETC. ARE KEPT FOR SALE, AND/OR FACILITIES AFFORDED FOR GAMES OF SOCIABILITY, .AND/OR EATING .ANDIOR DANCING, THE ENTRANCE, OR ENTRANCES, THERETO BEING LOCKED, BARRED, BARRICADED OR OBSTRUCTED j MAXING IT UNLAWFUL FOR CERTAIN l PERSONS TO BE THEREIN WHEN THE ENTRANCE, OR ENTRANCES, LEADING THERETO ARE LOCKED, BARRED, BARRICADED OR OBSTRUCTED; DECLARING CERI'AIN PERSONS THEREIN TO B~ GUILTY OF DISORDERLY CONDUCT; PROVIDING PENALTIES FOR A VIOLATION OF THIS ORDINANCE AND DECLARING AN EMERGENCY TO EXIST, AND THAT THIS ORDINANCE SHALL BE PASSED AND TAKE EFFECT AS AN EMERGENCY ORDINANCE. W II ERE A S: I.' 0:rianizat1ons known ae social clubs, voluntary and incorporated, are being oonducted, operated and maintained in the City of Bozeman; and . II. . These alleged clubs are ostensibly held out to b.'sooial, stUdy, .- and eduoational institutions, wherein non-intoxioating beverages, cigars, ,-- . tobacoo, confeotionery, etc. are kept for sale, and/or fa~ilities afforded . for games ofso01ability, and/or eating, and/or danoing; and III. In truth and in tact, said olubs, so conduoted, operated and d'; .~ 1" maintained, are a makeshift and subterfuge tor the sale of intoxioating liquors, in violation of the Volstead Aot and the Eighteenth Amendment ,- ,,/I~ I- ,; to the Constitution of the United States, and for oarrying on and con- '- "- '.u.. ' ' - -, duoting gambling, in violat ion of the laws of the State of, Montana"! ~n~""-:"., ,-.._ IV. ,- ..- ", -.......... ~-- ~ ~,.~~_., ..- - ,.. .. ~ Alleged olubs have been inoorporated as such sooial clubs under the laws of the State of Montana, and they have been so inoor- ~ porated so that the owners, employees, agents and members of said . clubs oan oonduct, operate and maintain said clubs, and eaoh and all of . th-em, in an effort, and so as, to avoid and prevent supervision, in- . spection, regulation and control by polioe officers of the City of Bozeman, and are so oonducting, operating and maintaining said alleged olubs behind looked and barred doors; and the polioe officers of the City of Bozeman are unable to properly, or at all, supervise and inspect the operations of suoh alleged sooial clubs under the existing Ordinanoes and the laws of the State of Montana to the end that gambling and the sale I of intoxicating liquors, in violation of the laws of the State of Montana . and the United States of Amerioa, may be suppressed; and I v. . Tl1~~J~e'ta'tion and maintenanoe of said clubs violate the laws r of the st{:l.'t.e err Montana, the Volstead Act ot the Uni t.d states Government , and the J::onet-1.t.tit~. of., the United States, and are vioious, and a menaoe - :- ~'- .- "\ and danger -to the pub11c peaoe, health , property and safety of the -- - inhabitants of th&-- City of Bozeman; and . ".', ^O~89 VI. The City' of Bozema.n is prevented by law trom passing any Ordinanoe for the suppression ot gambling and tb,ere is no la1fj in the State ot Montana tor suppressing the sale of intoxioating liquor, but the polioe officers of the City of Bozeman must oooperat6 with the State authorities for the suppression ot gambling and with the Ff!deral authorities tor the suppression of traffio in intox1aating liquor in order that the publio peace, property, health, aafoty, morals and welfare of the inhabitan~s of the City of Bozeman may be preserved and maintained; and VII. , ' ~ ~ It is deemed expedient, proper and neoessary that the Commission of the City of B07~man enact, forthwith, an Ordinance to suppress said condition for the preservation of the public peace, health, property and safety of the in>>abitants of the City. ot Bozeman and, by ~eason thereof, an emergency exists therefor; and the Commission of the City of Bozeman ,. does declare an. emergency to exist for the 1mm.ediate preservation of the publio peace, health, property and safety of the inhabitants of the City of Bozeman; Now, therefo re, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BO~aN: "I Seotion 1. SOCIAL CLUB, DEFINED That any group of persons associating themselves together, either as a vOluntary or unincorporated organization, or as an or- ganizat ion incorporated unde,rthe laws of the State of Montana, and ~ maintaining a fixed place of business wherein non-intoxicating beverages, oigars, tobacco, oonfectionery, etc. ~re kept for sale, and/or facilities are afforded for games of sociability, and/or eating, and/or danoing, and/ or is held out to the public to be a social, study and educational instit- ution, where the entrance, or ep.trances, into the plaoe so maintained is locked, barred, barrioaded or obstruoted, is a sooial olub, as herein referred to; Section 2. ENTRANCE OR ENTRANCES NOT TO BE LOCKED OR BARRED, WEEN That no offioer or agent, person or persons, in oharge 0 t, or having the management of, or being ill: the employ of, or a member of, or I a guest in, any social club, as herein defined, shall look, bar, barrioade, or in any manner obstruot, or suffer or per.mit to be locked~ barred, barricaded, or in any manne~r obs"ruoted, the entrance, or ent ranoes, leading into the place so conducted and/or maintained, or any room or place therein of such social club, as herein defined, at any time when any person is present therein with one or more other persons; . Sect ion 3. MAI~ENANCE OF AT,ARIK ,That no Officer or agent, person or persons, in charge of, or having the m~>>pgement of, ".. ~J, 29lJ being in the employ of, or a member of, any social club, as herein defined, shall construot or cause to be constructed, or maintain, or sut~er or perm1t to be maintained, any alar.m, or system of alarms, in connection with the entrance', or entrances, leading into the said place, so maintained, or into any room or place therein; Section 4. OWNER, OR AGENT, OF BUILDING ENTRANCE LOCKED . That the owner of, or any agent of such owner, or any other pe~son or persons, having, in charge, or, the rental of, any premises used and ocoupied by any social club, as herein defined, shall not sufter or permit the entrance or entrances, leading into the place so conducted and/or maintained, or the entranoe, or entrances, leading into any room or place therein, to be locked, barred, barricaded, or in any way obstructed; Sect ion 5. OWNER, OR AGENT , OF BUILDING MAINTENANCE OF .ALA.RM That the owner of, or any agent of such owner, or any other person or persons, having in charge, or, the rental of, any premises used and oocupied by any social club, as herein defined, shall not suffer or penait to be constructed, or to be maintained, any alarm, or system of alarms, in connection ~ith the entrance, or entrances, leading I into the premises so used and occupied, or into any room or plaoe therein; Section 6. DISORDERLY PERSONS That any person who, with one or more other persons, is found in any place so conducted and/or maintained as a sooial club, or in any room or pl~ce in said social club, as herein defined, at any time when the entr4nce, or entrances, leading thereto, or any room or place therein, is locked, barred, barricad~d or obstructed in any manner whatsoever, or in any manner equipped with any alar.m, or system of alarms, is declared to be a disorderly person and shall be gUilty of disorderly conduct and shall be punished as herein provided; Sect ion r;. PENALTY That any person violating any of the provisions of this Ordinance, upon conviotion thereof, shall be punished by a fine of not more than Three Hundred Dollars ($300.00) or by imprisonment in the city I jail not exceeding thirty (30) days, or by both fine and imprisonment; Section 8. FINE OR IMPRISONMENT That a judgment that the defendant pay a fine may also direct that he be imprisoned until the fine be satisfied in the proportion ot I" one day's imprisonment tor each Two Dollars ($2.00) of the fine; I Sect ion 9. CONSTITUTIONALITY EFFECT OF ORDINANCE ~-"""""'7"""""7"::':-._~'....,,--. ,.,..,.,7" ~~_,'wT'_ ,.., ,.,. -". Ol':I-':"". . 2,91 That if any seotion, sentence, olause or phrase of this Ordinance is for any reason held to be unoonstitutional, such decision shall not effect the validity of the remaining portions ofth1s Ordinance; that the Commission 1 hereby declares that it would have passed this Ordinance, and eaoh section, sentence, clause and phrase thereof, irrespective of the fact that anyone or more sections, sentences, clauses or phrases be declared unconstitutional; Section 10. REPEAL That all Ordinances or parts of Ordinanoes in conflict with this Ordinance are hereby repealed. Sect ion 11. EMERGENCY AND EFFECTIVE DATE That the Commission of the City of Bozeman does declare an emergency to exist for the immediate preservation of the public peace, health, property and safety of the inhabitants of the City of Bozeman, and that, by reason thereof, this Ordinance 'shall,be in full force and effect from and after "its passage and publioat ion. Introduced, read and passed as an emergency Ordinance by an affirmative vote of all the members 07t the Commi.sion of the City Of Bozeman at a regular session of the Commission held on the 17th day of :1. . April, 1931. . _: ~-Al. Kayf / A~e~t~ ~ - ~ <: _~ ..tJ k#-1A.. _ _ '.___...,/ ~rk f the Co iSB on ..~_. - ...... I, Elizabeth Johnson, Clezok 01" the Commission of the City of Bozeman, Montana, do hereby certify that the foregoing Ordinance No. 608 of the City of Bozeman, waspub11shed by title in the Bozeman Daily Chronicle, a daily newspaper of general circulatioh printed and pub- lished in said City of Bozeman, in the issue of .April 21s1; , 1931, and that due proof of said publication was made and filed in my offioe. IN WITNESS WHEREOF I have hereunto set my hand and the oor- . ,~., ,., .', . porate seal of said City this 2200 day ot .April, 1931. "~-, 'I c~~~. '~::-~: /"'"-, /:->>' I