Gardner Paper Company, the water rights and privileges now owned by the said The Colin Gardner Paper Company, being the water rights and privileges conveyed to George C. Barnitz and Company by the Middletown Hydraulic Company by lease, dated Sept. 25, 1865, and recorded in lease record, Vol. 1, Page 110, of the lease records of Butler County, Ohio; and the said Board of Public Service is further authorized and empowered to agree to pay and to bind the city to pay the compensation provided for in said lease, to be paid to the said The Middletown Hydraulic Company, according to the terms and conditions contained in said lease, and to bind the city to perform the other stipulations and agreements provided for in said and by the said lessee to be paid and performed, according to the terms and conditions contained in said lease, said water power to be used for power purposes at the Water Works Plant of the City of Middletown.

SECTION 2. This ordinance shall take effect and be in force from and after the earliest period provided for by law.

(Ord. Bk. 10, Page 1; Oct. 19, 1904.)

INDECENT PUBLICATIONS.
To prevent and restrain immorality.

SECTION 1. BE IT ORDAINED by the Council of the
City of Middletown:

That it shall be unlawful for any person to sell, or Indecent publications offer for sale, or cause to be sold or offered for sale, or exhibit for sale, or for other purposes, or cause the same to be done, any indecent, immodest and lascivious books, pamphlets, papers or pictures, or any books or papers containing matter which has a tendency to create a breach of peace, or disturb the good order of the city.

prohibited.

SECTION 2. That it shall be unlawful for any person to Printing same. be interested in printing or publishing of any such paper or other publication mentioned in the first section of this ordi.rance.

Penalty.

SECTION 3. That any person or persons offending against any of the provisions of this ordinance shall, upon conviction before the Mayor, be fined in any sum not less than one, nor more than twenty dollars, with costs of prosecution, or be punished by imprisonment in the work-house not less than five nor more than thirty days.

SECTION 4. This ordinance shall take effect and be in force from and after its passage and publication.

(March 14, 1893.)

INTOXICATING LIQUOR. AN ORDINANCE to regulate places where intoxicating liquors are sold.

BE IT ORDAINED by the Council of the City of Middletown, State of Ohio:

SECTION 1. That the sale of intoxicating liquors, whether distilled, malt or vinous, on the first day of the week, commonly called Sunday, except by a regular druggist on the written prescription of a regular practicing physician for medical purposes only, is hereby declared to be unlawful.

Selling on Sunday.

Sunday closing.

SECTION 2. That all places except a regular drug store, where such intoxicating liquor is sold or exposed for sale on other days, shall on the first day of the week, commonly called Sunday, be closed.

Penalty.

First offence.

SECTION 3. Whoever on Sunday sells intoxicating liquor, whether distilled, malt or vinous, or permits a place, other than a regular drug store, where such intoxicating liquor is sold or exposed for sale on other days, to be open or remain open on Sunday, shall be fined not less than twentyfive dollars ($25.00) nor more than one hundred dollars

($100.00), and for each subsequent offense shall be fined nt offences, not more than two hundred dollars ($200.00), or impris

oned in the city prison not less than ten days or more than

thirty days, or both.

of word.

“Place.”

SECTION 4. In regular hotels and eating houses the Definitio

Unto e Definition word “Place,” as used in the next preceding section, shall mean the room or part thereof where such liquors or usually sold or exposed for sale, and the keeping of such room or part thereof where such liquors are usually sold or exposed for sale, and the keeping of such room or part thereof securely closed, shall be a closing of such place within the nieaning of such section.

written

prescrip

SECTION 5. Nothing herein contained shall apply to a Druggist selling on druggist selling intoxicating liquors, for medical purposes tion. only upon the written prescription of a regular practicing physician.

SECTION 6. That an ordinance entitled “An ordinance to regulate places where intoxicating liquors are sold,” passed Feb. 10, 1910, be and the same is hereby repealed, and this ordinance shall take effect and be in force from and after its passage and the earliest period allowed by law.

(Ord. Bk. 9, Page 368; June 2, 1911.)

To regulate ale, beer and porter houses, and other places where intoxicating liquors are sold or exposed for sale as a beverage.

BE IT ORDAINED by the Council of the City of Middletown, State of Ohio:

SECTION 1. It shall be unlawful for any person or persons who keep or aid or assist in keeping, any ale, beer or s

Screens ”rohibited. porter houses, or other place where intoxicating liquors are sold or exposed for sale as a beverage, to allow, cause or permit any screen, partition, window-shade, stained, painted or frosted glass, or any other obstruction of any kind whatever to be maintained or used so as to prevent a full view of the interior of such room or place where intoxicating liquors are sold or exposed for sale as a beverage at any time when such place above mentioned in this section is required by any ordinance of this city or by any law of the Must remove all State of Ohio, or by any lawful proclamation of the Mayor, to be closed.–And it shall be the duty of the owner or

ob

keeper or person in charge of such room or place when inrivat toxicating liquors are sold or exposed for sale as a beverage. ice to remove all screens, partitions or other things or obstruc-tica tions from in front of or behind all windows and glass doors opening into such room or place, which in any manner obra struct a full and clear view of the interior of such room or place where intoxicating liquors are sold or exposed for sale i as a beverage, and to provide transparent glass in the win thi dows and doors so situated and of such size and clearness as str to give and allow a full and clear view of the interior of 10 such room or place to persons passing along or standing on puis

the sidewalk or ground adjacent to and in front of such state Must have light room or place where intoxicating liquors are sold or exposed x clo burning at night.

for sale as a beverage. And there shall always be kept by truet the person who keeps or aids or assists in keeping such stru room or place where intoxicating liquors are sold as a ber- ze op erage during the evening and night time a light burning in die i such room or place where intoxicating liquors are sold oreid exposed for sale as a beverage, so that the passer-by or per-pir son standing in front or such room on the sidewalk or on aient the ground next to such room or place can see by said light mi plainly enough to designate what persons may be in any mom part of said room or place; where the saloon or places with prina in which intoxicating liquors are sold or exposed for sale as

a beverage has no entrance upon the main or public streets, No entrance on pub- transparent glass shall be placed in the main entrance or

door to such saloon or place by the keeper or person in charge, and the curtains and screens shall be removed from in front of such entrance or door, and from in front of any windows, so that a full and clear view of the interior of such saloon or place may be obtained from the outside of such room or place by a person standing on the ground or floor adjacent thereto at all times when by the provisions of this ordinance screens and other obstructing substances are to be removed.

lic street.

Exceptions.

SECTION 2. Nothing in this ordinance shall be con strued to regulate the selling of intoxicating liquors at retail by a regular druggist for exclusively known medical, pharmaceutical, scientific, mechanical or price sacramental purposes, or to regulate the giving als away of intoxicating liquors by a person in his

private dwelling unless such private dwelling is a

to apply to a manufacture 01 11 Does not apply to toxicating liquors from the raw materials, who sells, de- manufacturer.

manufacturer. livers and furnishes his product in wholesale quantities to kona fide retail dealers trafficking in intoxicating liquors, or in wholesale quantities to any party or parties residing outside of the limits of the said municipality. And nothing in this ordinance shall apply to any screens or any other obstructures during the hours or times when any such saloon or room, or place as mentioned in this ordinance, is not required by “Ordinance of this city or by any law of the applies only when State of Ohio,” or any lawful proclamation of the Mayor to fa be closed. Nothing in this ordinance shall apply to any obstruction within any such saloon, room or place where such obstruction is a permanent fixture or a part of the real estate on which such saloon, room or place is located, in which case it shall be sufficient compliance with this ordinance if said person or persons keeping, aiding and assisting in keeping any such saloon, room or place, shall provide a sufficient opening through such fixture, wall or obstruction to permit a clear view to be had of the interior of such saloon, manent fixture. room or place at all times when by the provisions of this. ordinance, screens and other obstructions are to be removed.

saloon is required to be closed.

Obstruction -- a

per

SECTION 3. Any person or persons who shall violate violati
- any of the provisions of this ordinance, or shall fail or neg-
- lect to do and perform any of the conditions required of

them by this ordinance shall, on conviction thereof, be fined
not less than twenty-five dollars ($25.00) nor more than Penalty.
one hundred dollars ($100.00) for each offense or violation,
and each day or fraction thereof of such failure, neglect or
violation shall constitute a distinct offense.

SECTION 4. Any shift or device to evade the provisions Device to evade. of this ordinance shall be deemed and held to be a distinct offense against this act or ordinance.

SECTION 5. This ordinance shall take effect and be in force when ten days have elapsed after its passage and legal publication.

(Ord. Bk. 10, Pages 335-336-337; March 13, 1908.)