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have remained in the pound forty-eight hours without being claimed and released, shall be put to death by drowning or by asphyxiation by fumes of burning charcoal and sulphur, or if the animal is worthy and valuable, it shall be sold in the manner directed and required in section two, article two, chapter thirty-eight, and the proceeds of said sale to be turned into the city treasury to the credit of the general fund. [R. O. 1888, Chap 22, Sec. 10. Amended G. O. No. 469.

SEC. 11. Clerk to keep a record of dogs put to death.—It shall be the duty of the city clerk to keep a record of all dogs and bitches put to death, and make and certify to a copy of the same when required so to do by any city officer. To this end the public impounder shall notify said clerk when and where any dog or bitch will be killed, that said clerk or some one authorized by him as his representative, may attend such killing. [R. O. 1888, Chap. 22, Sec. 11.

The provisions of

SEC. 12. Country dog excepted. this chapter shall not apply to any dog or bitch which may follow any countryman coming into or passing through the city, which shall remain near to its master, owner or keeper, or his wagon, animals or other effects. [R. O. 1888, Chap. 22, Sec. 12.

SEC. 13. Registered dog must not be impounded. It shall be unlawful for the public impounder to place, have or confine in the pound any dog or bitch which has been registered, or to kill or cause or allow to be killed any dog or bitch in any manner other than as provided in this chapter, or to skin or cause or allow to be skinned any dog or bitch until it is actually dead. [R. O. 1888, Chap. 22, Sec. 13.

SEC. 14. Dog not to be killed, until when.-It shall be unlawful for the public impounder to kill or cause or allow to be killed any dog or bitch until the expiration of the forty-eight hours he is herein required to keep it in the pound. [R. O. 1888, Chap. 22, Sec. 14.

SEC. 15. Dog to be released on presenting certificate. Whenever any person shall produce to the public impounder, or the person in charge of the pound, a certificate of registration in force and bearing date prior to the time any dog or bitch may have been impounded, such dog or bitch shall be forthwith released without charge. [R. O. 1888, Chap 22, Sec. 15.

SEC. 16. Harboring dog, what is.-Any person who shall allow any dog or bi ch to habitually remain or be lodged or fed within his house, store, yard, enclosure or place, shall be deemed and considered as keeping and harboring the same, within the meaning of this ordinance. [R. O. 1888, Chap. 22, Sec. 16.

SEC. 17. Fees allowed to public impounder.— The public impounder shall be entitled to the following fees for impounding dogs and bitches, which shall include all the expense of taking and keeping such dogs and bitches: For each dog or bitch redeemed or sold, one dollar, to be paid by the person redeeming or to whom sold; for each dog or bitch slain, fifty cents, to be paid by the city: Provided, that the amount paid for dogs and bitches killed shall not, at any time, exceed the amount received by the city treasurer for registration of dogs and bitches. [R. O. 1888, Chap. 22, Sec. 17. Amended G. O. No. 258.

SEC. 18. Penalty.-Any person violating, failing, neglecting or refusing to comply with any provision, regulation or requirement of this chapter shall be deemed guilty of a misdemeanor, and on conviction, shall be fined not less than one dollar nor more than two hundred dollars. [R. O. 1888, Chap. 22, Sec. 18. Amended G. O. No. 515.

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SECTION 1.

SECTION

14. Keeping open on Sunday, election day, etc., prohibited; penalty.

15. Conditions under which license is granted; penalty.

16. Performing on musical instruments, sparring, boxing, wrestling, gaming tables, etc., prohibited; penalty.

17. Employment of lewd women prohibited.

18. Dramshop not to be licensed in
house of ill-fame.

19. Sale of intoxicating liquors in the-
aters prohibited.
Penalty.

20.

21. Auditor and treasurer to report to
county monthly.
License may be revoked.

22.

Dramshop-license required.-No per

son, or copartnership of persons, or corporation, shall in this city, directly or indirectly, in person or by another, sell, barter or deliver, for or on his or their account, any intoxicating liquors in less quantities than one gallon, without a license first obtained therefor as a keeper of a dramshop, according to the provisions herein contained. [G. O. No. 441, Sec. 22.

SEC. 2. Dramshop keeper defined. Any person, copartnership of persons or corporation, being licensed according to the provisions of this ordinance to sell intoxicating liquors in any quantity less than one gallon, is hereby declared to be a dramshop keeper. [G. O. No. 441, Sec. 23.

SEC. 3. Intoxicating liquors defined. The term "intoxicating liquors," as used in this ordinance, shall be construed to mean fermented, vinous and spirituous liquors, or any composition of which fermented, vinous or spirituous liquors is a part. [G. O. No. 441, Sec. 24.

SEC. 4.

License-amount required. -No person shall act as a dramshop keeper without a license therefor from the city of St. Joseph, and the charge for such license shall be one thousand dollars per year, forty-seven per centum of which shall be for city purposes, and fifty-three per centum for state and county purposes. [G. O. No. 441, Sec. 25.

SEC. 5. Auditor to grant license-bond required. -The city auditor is hereby authorized to grant a license as a dramshop keeper to any person having complied with the provisions herein contained who shall apply therefor to him, upon said applicant executing a bond to the city of St. Joseph, with at least two sureties, to be approved by the comptroller, in the penal sum of two thousand dollars, conditioned that the person obtaining such license will, during the term for which he is licensed, keep an orderly house, and that he will in all things observe and conform to the provisions herein contained. After the comptroller shall have approved of the bond of said applicant, said applicant shall present the same to the city auditor, and pay to the city collector the amount of license fee due as herein provided, taking his receipt therefor, and on presentation of said receipt to the city auditor, together with the proper petition as required herein, the said auditor shall issue to said applicant a license as a dramshop keeper. [G. O. No. 441, Sec. 26.

SEC. 6. Business at one place only-license how transferred.-Any license issued under the provisions herein contained shall authorize the business therein designated to be carried on at one place only, and shall not be transferable or assignable except by bona fide sale of fixtures and business, and the filing of a new petition by the purchaser in his own name, to be subject to the same conditions as a petition for beginning business as a dramshop keeper, and the making and filing of a new bond as required in the preceding section. O. No. 441, Sec. 27.

[G.

SEC. 7. License issued for three months.-License as a dramshop keeper shall be issued for a period of three months at a time, and shall date from the first of the month in which issued, on payment of one quarter the yearly license tax. The proper officers will issue licenses in conformity with the provisions of this section. [G. O. No. 441, Sec. 28. Amended G. O. No. 524.

SEC. 8.

Application for license, how made-petition required, etc.-Application for a license as a dramshop keeper shall be made in writing to the city auditor, and shall state specifically where the dramshop is to be kept; and if the said city auditor shall be of the opinion that the applicant is a person of good moral character he may grant the license: Provided, that no license to keep a dramshop in any block or square in the city of St. Joseph shall be granted until a majority of the assessed tax paying citizens and guardians of minors, resident in the city and owning property in the block or square, shall sign a petition asking for such license to keep a dramshop therein, which said petition shall be filed in the office of the city auditor, and said petition shall be good for one year, and in default of renewing said petition, said city auditor shall have no power to issue thereafter such license until the same is renewed. [G. O. No. 441, Sec. 29.

SEC. 9. Certificate of assessor required.-Before any person shall be entitled to receive a license as a dramshop keeper he shall present to the city auditor the certificate of the city assessor showing the owners of the property, the written consent of a majority of whom he is required to obtain, as provided and required herein. [G. O. No. 441, Sec. 30.

SEC. 10. Certificate to be furnished upon application.—The city assessor shall furnish the certificate required in the preceding section upon application therefor by any person desiring a license as dramshop keeper, and shall keep in his office a permanent record of all such certificates so issued by him. [G. O. No. 441, Sec. 31.

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