1923-2

An Ordinance prohibiting the manufacturing, sale, barter, transportation, delivery or possession of intoxicating liquor, by any person or persons, within the Borough of Bolivar, and providing the manner of enforcing said Ordinance, and prescribing penalties for its violation.

BE it ordained and enacted, by the Council of the Borough of Bolivar, and it is hereby ordained and enacted, by authority of the same:

Section I. That from and after the passage of this Ordinance it shall be unlawful for any person or persons, within the Borough of Bolivar to manufacture, sell, barter, transport, deliver or possess any intoxicating liquor, except as provided by Section V, hereof and all the provisions of this Ordinance, shall be liberally construed to the end, that the use of intoxicating liquor, as a beverage may be prevented.

Section II. It shall be unlawful for any person or persons, to solicit or receive, or knowingly permit his employees to solicit or receive any order for intoxicating liquor, or to give information of how intoxicating liquor may be obtained in violation of this Ordinance.

Section III. It shall be unlawful for any person or persons to keep or obtain any room, house, building, boat, vehicle, structure or place of any kind, where intoxicating liquor is manufactured, sold, kept for sale, or bartered in violation of this Ordinance.

Section IV. The from and after the passage of this Ordinance the possession of intoxicating liquor shall be prima facie, evidence that such intoxicating liquor, kept for the purpose of being sold, bartered, or exchanged, given away, furnished or otherwise disposed of in violation of this Ordinance, provided however, that it shall not be unlawful to posses intoxicating liquor in ones private dwelling while the same is used, and occupied as such, and provided further, that such intoxicating liquor is for the use and personal consumption, only of the owner there of and his family residing in such dwelling, and of his bona-fide guests, when entertained by him there in, and the burden of proof shall be upon the occupant of such dwelling in any action for the violation of this Ordinance, to prove that such intoxication liquor was lawfully acquired.

Section V. The provisions of this Ordinance shall not in any wise affect the manufacture, purchase, sale, delivery, or transportation of liquor, intended for non beverage use, and wine for semimetal purposes, nor the use of intoxicating liquor in

pharmaceutical preparations or compounding of medicines in pursuance of a prescription of a practicing physician, legally authorized to issue the same, all as provided by the laws of the United States or the State of Pennsylvania.

Section VI; The term intoxicating liquor shall be construed to include, alcohol, brandy, rum, gin, beer, ale, porter, and wine, and in addition thereto, any spirits, vinous malt, or fermented intoxicating liquor or liquids containing one half of one percent or more of alcohol, by volume and which are used or that may be used for beverage purposes;

Section VII. No person shall be excused or exempted from attending and testifying in any hearing of an alleged violation of this Ordinance for the reason, that it may tend to incriminate him or her or subject him or her to a penalty or a forfeiture, but no natural person shall be prosecuted or subjected to a penalty or forfeiture for or on account of any transaction, matter or thing as to which he or she may testify, or produce evidence under oath in obedience to a subpoena.

Section VIII. Any person, found guilty of this violation of any of the provisions of this Ordinance, shall be sentenced to pay a fine of not less than (50) fifty dollars nor more than (100) one hundred dollars and in default thereof, to undergo an imprisonment in the county jail for a period not exceeding (90) ninety days.

Ordained and enacted in Council assembled this fifth (5) day of February AD 1923.

C.W. Hammond

President of Council

Attest:

J.E. Robertson

Secretary of Council

Approved this fifth (5) day of February AD 19223

J. E Snyder

Chief Burgess

Attest:

J.E. Robertson

Secretary of Council

Original on file ordinance book page 9 & 10