HomeMy WebLinkAboutOrdinances Book 7, Page 35, Ordinance Number 14No.
Ordinance No. L,;:.
_-I1 ORDIIIAITCE DEFIiIIIIG, LICli;3I;;G, T._:.T;:; `iRGUL:_TIi?G COFFF?-.
HOUSES Or, S:100I13 D PLELCRIBII�G PEII:.LTIES 1'0� VI i ,. 'i PROVI. TORS
HEREOF jLTD REPP__!.L` JILL 0RDIN-i;CPS Ol. P_1'TS O. O..rIir.j,C-'%.
I�E;T;i:ITH.
BE IT ORDi.II?GD BY THE M. '?D CF COL1.7ISSIO1IF.3S OF THE CITY OF
F.-DUCAH, nUITUCKY:-
Section 1.
That all saloons, beer
gardens, coffee
horwes, Or
any
other place
wherein spirituous, vinous
or malt liquors
is _old in
quanti-
ties less than
a quart, to be drunk on
the premises or
else•.:'iere,
shall,
within the meaning of this Ordinance, be knoen and designated
as a
coffee
house.
Section 2.
Each individual, firm,
partnership or
corporation
conduct-
ing or operating a coffee house in the City of Paducah shall, within the
meaning of this Ordinance, be hnorm and designated as a coffee house
keeper.
Section 3_ It shall be unlae:ful to conduct or operate a coffee house
within the corporate limits of the City of Paducah e;ithout a license
therefor, obtained in the maaiizer provided in this Ordinance.
Section 4. No coffee house license shall be issued by the City Clerk
until the same has been granted and authorized by tine Board of CormTiis-
sioners of the City or Paducah, evidenced by motion for that purpose,
duly made and carried and entered upon the general proceedins•s of said
Board of Commissioners. Do coffee house license shall be granted to any
person who is not a citizen of the United States and a resident of t;"_e
City of Paducah, Kentucky, nor to any minor or person of unsound mind,
nor to any person who has not a good moral character.
license fee of two hundred and fifth* (.;250.00) dollars
shall be paid semi-annually, by every person, firm, company or corporation
carrying on, conducting or managing, in the city of Paducah a coffee
house or saloon v:herein spirituous, vinous and malt liquors are sold, or
given away, by the drin,-. Said semi-annual license fee shall be due and
payable, respectively, on January first and. July first of each year here-
after, beginning or July 1st, 1915, and said license shall only be
granted under the terr.is and conditions herein set out, and if any .,erson,
firm, company or corporation, to w: om license haa been granted b;: the
City of Paducah, shall sell, or offer for sale, any spirituous, vinous
or malt liquors contrary to any la^;s of the Co?:mionerealth of Kentucky or
ordinances of 'the Citi of Paducah, the Board of Commissioners shall
strictly enforce the provisions herein contained,.lookin- to t.e revoca-
tion Or suspension of such license.
Section 5_ nny person, firm, company or corporation_ desirias to
obtain a license to sell spirituou, vinous or melt liquors by retr.il, TJ-
NJ
Ordinance No. 14 - continued•
the drink, in any coffee house, or saloon, or anp place, or in quanti-
ties of not less than one quart nor more than five gallons, or beer in
quantities not less than one dozen quarts, or any ouantity, either in
bulk or in bottles, or spirituous, vinous or malt liquor in club rooms,
shall at least ten days before application is made therefor, giving the
character as hereinafter set out, post one Printed notice, to be pro-
vided by the City Clerk or Clerk to the Board of Commissioners, at the
proposed place of business of applicant, of applicant's intention to
make application therefor, giving the character of license application
is made for, the business address of where applicant intends to sell,
the meeting of the Board of Commissioners, and at least four other
copies of said notice small be posted at at least four other conspicu-
ous places in the City of Paducah, and upon application for such li-
cense, as hereinafter set out, being made to the Board of Cot::mission-
ers, the affidavit of the applicant as to the time, places, and manner
of postinz such notices, accompanied by a copy of such notice, shall
be first filed or accompany ss.id application before same may be con-
sidered. It shall also be the duty of any applicant to pay to the
Commissioner of Public Finance the amount due for such license and
tate his receipt therefor, and present such receipt to the City Clerk
and male application to the Board of Commissioners on a blank or form -
to be furnished by said Cit:; Clerk, or Clerk to the Board of Commis-
sioners, for such license, and state thereon ,who said applicant pro-
poses to 'give as surety on his bond, and the address of the place of
business, license to do business is applied for, and thereupon said
aTplica:tion; together with said Finance Commissioner's receipt and the
affidavit of applicant as hereinafter required, and copy of said notice
shall be presented at the newt regular meeting of the Board of Cor^-
missioners; and if, in the discretion of said Board, same is granted,
and the surety on the bond accepted by the Board, it shall be t?ze duty
of applicant to enter into a bond, if license to sell by retail or in
a coffee house, saloon or club, is desired, with said accepted surety,
as surety thereon, with the City of Paducah, in the sum of one thousand
(+,-1,000.00) dollars, conditioned that such applicant will keep a quiet
and orderly house and will not permit gaming, or riotous, or disorderly
conduct therein and shall not keep open his saloon, coffee house or
club roo:!, nor sell nor offer for sale any spirituous, vinous or malt
liquor on an Sunday, and otherwise in all 'rec-eects comply ,.,,it all
the other ordinances of t;,e City of Paducah, and laers of the Cor•.mon- .
wealth of fentuchr, relating to the sellinP7, offerinm for sale or
Giving away of spirituous, vinous or malt liquor, in any coffee house,
saloon, or club room, so long as said license shall permit applicant
to do business, and upon violation of any of Vie condition, of said
bone], paid sura of ;'x1,000.00 shall be forfeited to the City of
No.��
Ordinance No. M continued.
Paducah, as liquidated damages, and shall immediately become due and
pryable to said cit;. 1;nd applicants for license -to sell spirituous,
vinous or malt liquors in quantities not less than one quart, nor more
than five gallons, or malt liquors in quantities not loco than one dozen
quarts in bull_ or is bottles, shall in addition to the above bond enter
into bond that no liquor sold under said license shall be drunk on the
premises of applicant. But in no event, shall the right to do business
under said license commence until said applicant has executed said bond
in the manner and form herein prescribed. Upon the compliance by appli-
cant of all the conditions of this section, and the 7ranting of license
so applied for, by the .Board of Commissioners, the City Clem shall issue
such license to applicant, provided said applicant shall present to the
Citi* Clerk a receipt for tine amount due for county and state license, to
sell in the same manner, and at the same place granted by said Board of
Commissioners. Provided, that all applications for such license shall be
submitted to and ap,roved by the Board of Commissioners before issuance
thereof; and, providedfurther, that such license shall be subject to
revocation or suspension for violation of law by the licensee, in the
same manner that the licenses of retail liquor dealers are subject to
revocation or suspension; and, provided further, that before issuance of,
such license the applicant shall execute bond to the Cite of Paducah,
with approved surety, in the sa;.ie amount, tenor and terns as is recuired
of and executed by retail liquor dealers.
J
Section 6. The application of persons required to make application
under Section 5, to sell spirituous, vinous or malt liquors, shall state
the•name of the person or corporation applying for same, and if a firm,
the names of each individual composing said firm, together with their
postoffice address, and shall f1zrthe.r state the applicant a --Tees to riermit
no gambling non the premises, on e:hich said liquor is sold, and that the
applicant is not directly or indirectly interested in air;; ca::Ulin.a, Pamb-
ling room, device or game, and that there is not now, nor will he permit
there to be any means of ingress or egress to or from place of'business,
to or from any ga!:bling room, or rooms, in which an-, gar.;bling is carried
on 'A and that he will not permit or suffer same to e.-.ist; that one of the
express conditions of the granting of such license shall be that the
applicant agrees that during the life of such license he ;,ill not violate
any of the laws prohibiti;tp the sale of liquors or intoxicants to minors,
or the laws or ordinances governing and controlling; the sale of spiriti:-
ous, vinous or malt liquors, oil Sundays or election days, and that sz.i<?
applicant will abide by and will faithfully observe all lcwo regulating
or controllins• saloons, or the sale or handlia— of spirituous, vinous or
;nalt liquors, and that should t;e applicant fail to live up to t',e
conditions and stipulations set out in said application, toc•ether %-1-th all
No. ✓
Ordinance No. lh- continued.
ordinances of the City of Paducah, or lar.,s of the State of i;entucly, 'Lilt .t
same shall be considered a violation of the agreement entered into be-
tween the City and said applicant, when granted said license, and the
Board of Commissioners shall be authorized to revoke or suspend the
license granted, application for which is made, and further, that a con-
viction in the Paducah Police Court, of the applicant, for a violation
of any of the lams of the State of Lentucky, or ordinances of the City
of Paducah, controlling or regulating the .sale of spirituous, vinous or,
malt liquors on Sundays or to minors or inebriates, or in violation of
any lay; of the State of Kentucky or ordinance of the City of Paducah,
shall be prima facia evidence that this agreement has been violated, and
the license "ranted shall be revoked or suspended by the Board of Com-
missioners of the City.of Paduca;, and the application signed by the
applicant shall be authority of sr_id Board of Commissioners to revolve
said license under the conditions therein set out.
Section 7. It is hereby declared to be anlawifiil for any person,
firm, company,or corporation to sell, or offer for sale, any spirituous,
vinous or malt liouors in the City Of Paducah, Xentucky contrary to the
terms of this Ordinance or any ordinance of the City of Paducah or law
of the State of Kentucky, and should any such person, firm, company or
corporation sell, or offer for sale, any Such liquor contrary to such
lags or ordinances, then it shall be the duty of the Board of Commission-
ers to revoke or suspend said license as herein set out.
Section 3. In case of application for renewal of license to sell
spirituous, vinous or malt liquors, there an al.plicant has not -eermit ted
his license to expire, or where such license has not been revo_ed before
application for renewal is made, the posting of notices, as set out in
Section 5 hereof, shall not be reruired.
Section 9. It shall be unlawful for any person owning• or oper-
ating a coffee house to lease or rent - or permit any portion of the
room or building under their control or manaf-ement to be leased or
rented - in thich said coffee house is conducted, or in connection with
said coffee house, to any person or persons for rooming- or sleeping pur-
poses; provided, however, that coffee houses or saloons may be conducted
in connection with bona fide hotels of tweet; rooms or more, and provid-
ed further, that bona fide hotels or roominrr houses of under ty;enty
roolins may be let, leased or occupied by men only. The :cords "in
connection cath" as used in this Section are ii:tonded to mean, and shall
be consti-red to me -n, any physical connection by dut:ib y:aiter or other
passame way between the coffee house ,_..id si;ch other business, y,hereb-
access may be had frori one to the other, and by :.:ea -ns of Which, the
business: of the coffee housera- be carried on thru such other pl we of
business, or by mems of which drinl-s may be served from the coffee
}
7 '•
No.
Ordinance No-1-=continued.
house to such other rooms or places of business by rioans Of a dur,ib v,
or any other device or opening, and in the event such other place of
business, room Or rooms, are conducted by some person other than 'nail the owner
or operator of such coffee house
then it s;iall be irx:;aterial -,,,)'lotheT
such other business is conducted by the -eperson as t;:e c f" oohou,_
_0
whether it be in the same building, and in all cases the Board of Com-
missioners shall have the right to determine whether such physical con-
nection exists, as contemplated by this Section, and when such coffee
house is separated from such other business it shall be by a studded. and
plastered or brick ,all, and shall have no opening therein from one -01'., ce
to the other, Or any T:ieans of ingress or egress from one to the other, or
communication from one to the other.
It shall further be unlm-,ful fcr any owner or operator of an,,,
coffee house - or any room or apartment connected with, or adjacent
thereto, in which drii'll-S are served - to serve drinhs to any -roman, or
1,ermit any -roman to drink any spirituous, vinous or malt liquors in any
room or apartmciit connected with, or adjacent to, or in said coffee house
or saloon.
Section 10. 110 coffee house license shall be granted to any person,
firm, ooi.nipany or corporation not holdi--ap, a license at the time of the
passage Of this Ordinance, until the number Of coffee house licenses in
effect has been reduced to one for every five hundred (500) bona fide
citizens of the City of Paducah, to be ascertained by the Board of Commis-
sioners of the City of Paducah by such methods as such Board Of COT rimission-
ers shall deem proper, and after such number Of licenses has been so
reduced to One for every five hundred citizens then, thereafter, for every
additional five hundred bona fide citizens a new, license may be issued
from time to time, according" to the priority of applications therefor',but
shall be in accordance with and subject to such restrictions, laws and
ordinances as may be tiien in force, in the City of Paducah, and the
owner or owners, or his, their, or its legal representatives, of any
coffee house license, in the City of Paducah, may, upon ;,prlicLtion so to
do to the Board of Cormlissioners of tile City of Paducah, be permittera the
right to pledge or transfer such current license then in lawful e-Nistence
to any person of lawful apre, within the discretion of the . Board of Com—
missioners; provided, however, that such applications to transfer said
license shall be governed and controlled by the same rules, reputations,
restrictions and lavers required of applicants for the granting o--,' a ne":
license, and at all tililes it shall be within the d . iscretioll and -cower o--L-
said Bo . ard of Commissioners to refuse to permit the transfer of said
license from the holder thereof to any person, firm, company or corpora-
tion.
—Soction 1Z. That the
ows--or or Maters, by trai s for o su
or his, t-bei r, or its legal representatives, tc -„hog; such license ',,a,- -L)cE-,
_n
No._
Ordinance No. 1=- continued.
transferred, may - upon application to the Boarcl of Commissioners -
assign or transfer such license to any other person, firm, comprny or
corporation, with the concurrence and consent of the Board of Commis-
sioners, subject however, to all of the restrictions, laws and ordi-
n.nnces regul,atiiig and required of applicants for the granting of a
ne,r license.
Section 12. That upon the death of any person opersting, beeping,
owning or TiiaintaininE: a coffee house or saloon, which is being operated
under a license granted or transferred under the terms of this ordi-
nance, his, their or its personal representative shall have the right
to assign, pledge or transfer such license in the same manner and under
the same restrictions and conditions herein set out as if said license
had been in the nacre of such personal representative.
Section 13ane orivilel,es of transferring and assigning - herein
^•ranted, and of renewal or re-issual or pledp-incr of such license, shall
only exist so long as the license souPht to be rerowcft , re -issued,
-pledged or transferred shall have been lawfully and legally kept in
force continuously and uninterruptedly by the ocner, holder, transferee
or personal representative thereof, and provided, further, that each
transferee or assignee or personal representative of the Owner or
holder of any such license shall comply ::ith all of the laws and or-
dinances existin;7 in t;e City of Paducah at the time of the transfer
or assignment of such license, or the death of the owner or holder
thereof, relative to the maintenance, upkeep and control of coffee
houses, or the sale of spirituous, vinous or malt liquors in the City
of Paducah, required of persons, firrn�,companies or corporations to
whom license was originally granted.
Section lh. License to maintain or operate a coffee house shall
be issued in accordance with the terms prescribed by the Board of Com-
missioners and the laws and ordinance: e:cisting in the State of
3entuchy and City of Paducah, and only to be exercised at the place
designated in the granting or renewal of said license, except that in
case of fire, or any other unavoidable casualty or accident, or -for
other good or sufficient cau2e, upon application by the Owner,
assignee or transferee of such license to the Board of Conmiissioners,
the right to exercise such license may be transferred to another
locality, within the discretion of the Board of CO?'niiiSsioilers; pro-
vided, howover, that no such transfer shall be made :From one place to
another until notices are posted, and affidavits of the posthig of
said notices are made, as are now required for the p-�anting of per:
licenses under the ltcws and ordinances of the Cii;" of Paduca}l.
Seetio.n 15. In the event that a license is iesued for the con-
duct of a coffee house in a certain location, wid a coffee house has
EARN ,`4NS
No.. --
Ordinance No. 1,i continued.
been conducted at such location continuously up to the tii.lo of the
application :for renewal thereof:, as hereinafter provided, and if -Cor any
reason the person, firm, company- or corporation to vr}iori such license i --
issued shall cease to conduct a coffee house at such location, and has
not transferred his, their or its license to some other person, then
the original lessee of the property, in which such, coffee house has been
conducted, may apply for a renev:«l of said license at such location, and
the Board of Commissioners may, within its discretion, rene- such li-
cense for the conduct of the coffee house at such location in the nacre
of the original lessee thereof; provided, however, that the renewal or
renewals of such license shall not be for a longer period of time than
the period of the lease on such building existing at the tine of the
application by such original lessee, and provided, further,that such
original lessee, malring such application, shall comply Tith all of the
provisions of this ordinance and all of the laws and ordinances of the
State of Kentucky and City of Paducah relative to the issual of license
e.nd the renew! thereof.
Section_ 16. If, in the judemient of the Board of Commissioners, it is
deemed advisable at any time to issue a license - either a renewal or an
original license - to any person, firm, company or corporation o,ning or
operating any bona fide hotel or tavern of not less than tr+enty rooms
hereafter erected or established in the City of Paducah, and if, in the
judgment of said Board. of Commissioners, said hotel or tavern is com-
petent and fit to manage and operate a coffee house in connection there-
with, then the Board of Commissioners shall have the -right to renew: an:,
such license or issue a new: license for the conduct of a coffee house in
connection with said hotel or tavern.
Section 17. hll money derived from the payment of licenses provided
for in this ordinance shall, when collected, become a part of and a
credit to the general funds of the City, upon the granting of the license
applied for, and no portion of any money pL:id for a coffee house license,
when granted, shall be reftinded by the City.
Section 1&. Any coffee house Y_eeper, ,-:he is legally married, shall be
�rermitted to use any portion of the building in which he operates his
coffee house, for resident purposes, and the provisions of this Ordinance
relating to the occupancy of said Premises by %-,-omen shall not apply to
the farnil;, or such coffee house keeper.
Section 19. It snail be unlav:ful for any coffee house keeper, his
agents or employees, to enter his coffee house on Sunday, except that the
person, or the head of the fire, company or corporation to e:hor: licc-i.se
is granted, shall hv:ve the privilege on Sunday of enterin= such coffee
a
house, or room is r:hich suc}i coffee house is conducted, for the purpor^
Of is in * beer or attends np to wny necessary du ties i rt order to Prosc-
the articles of merchwidise kept thorein, but in no event shall any
No.�
Ordinance No. 14
employee of such coffee house be permitted or a1:Lowod to enter the
room in .which such coffee house is conducted, on Sunday, except �ahcre
a special permit is issued by the Commissioner of Safety for a
special ni^ht watchman.
Section 20. It shall be unlawful for any coffee house keeper to
allow any music by pianos, bands, music boxes, or any other instru-
ments, in his coffee house.
Section 21. It shall be unlawful for any coffee house keeper to
keep his coffee house open on Sunday, except as herein set out, or
betv;een the hours of twelve (12) o'clock P. I"— and :'ive (5) o'clock
A. I,i, on any other day of the week, or on election day, or to sell,
give av:•ay, or deliver, durinc such prohibited 'hours and days E.nd
times, any beer, ale or spirituous, vinous or malt liquors, or a.ny
near beer, coca cola or other soft drin'.s.
Section 22. It shall be unlawful for any coffee house keeper to
hermit n;- club of the hind commonly ln'rown as "Sunda}% Clubs" to be
conducted or operated in, or have quarters in, any building under thQ
control of such coffee house keeper wherein any spirituous, vinous
or malt liquors, or any soft drin';s may be served or drunk, on Sunday
or between the hours of twelve o'clock P. i.% and five o'clock
on any other day of the weep:, or on any election day.
Section 23. Each coffee house keeper having a license under the
provisions of this ordinance shall eyhibit the Certificate of License
issued to him in plain vies; in his p14ce of business at all times
while same is in force, and shall at all times keep posted in a con-
spicuous place in such coffee horse so that same will be easily read,
a copy of this Ordinance, to be furnished by the Clerk of the Board
of Commissioners of the City of Paducah.
Section 24. If any coffee house keeper shall, in person, or by
his agent or employee, with or without the knowledge of such coffee
house keeper, violate any of the provisions of this Ordinance, or my
law or ordinance of the State of Kentucky or Cit- of Paducah, such
coffee house keeper shall, unon conviction, be fined not les• than
twenty-five (25.00) dollars nor more than one hundred (4x100.00)
dollars for each offense, end the individual person, whether he be the
coffee house keeper, or the agent or employee, who commits the act
which constitutes such violation, shall, uron conviction, be confined
in the city jail not less than rive (5) nor more than thirty
days, in addition to such fide, and any coffee house '_eeper so offend-
ing, or any a,*ent or employee of any such coffee house keeper so
offending• shall subject such coffee house keeper to a forfeiture of
his license as heroin provided.
Section 25. If any person, firm, comian,, or corporation sh 11
Ordinance No.. 14 continu,-A..
operate any coffee house in the City 6f Paducah without license h vi:if,
been granted to him under the provisions of this Ordinance, or shall
continue -to operate or conduct a coffee house after his license has
been revoked, he shall be fined not less than twenty-five
dollars nor more than one hundred (:;x100.00) dollars for each offense.
Section 26. Each coffee house license shall be eranted and issued
subject to all of the provisions and conditions of this ordinonce, and
shall be deemed a mere privilege granted to the licensee, with the dis-
tinct understanding and agreement that a part of the consideration of
the granting of such license is that the holder thereof shall strictly
observe and obey the laws of the City of Paducah and State of I'entucky
relating to coffee houses and the conduct thereof and the sale of spirit-
ucus, vinous or malt liquors, and in case of a violation, in any respect,
of such license, such license shall be -revoked or suspended, in accord-
ance with this Ordinance, and t;:e acceptance of any such coffee house
license by the licensee, or any assignee or transferee or personal rep-
resentative of any holder, owner or transferee thereof, shall be deemed
an agreement on the part of the holder thereof to obe and abide by all
of the terms and conditions of this ordinance.
Section 27. If any commissioner shall be informed by any citizen
under oath or affidavit, or by written statement from any member of the
Board of Commissioners, that this Ordinance is being violc.ted, o • there
has been violated any late; of the State of Kentucky or Ordinance of the
City of Paducah regulating, controllino- or prohibitine the sale of
spirituous, vinous or malt liquors, or the conduct of a coffee house or
saloon, or prohibitin7 the use of the premises in which said coffee
house or saloon is operated in any manner, or the conduct of any affair
therein, by any person, firm, company or corporation, or any employee
for which he, they or it is responsible, it shall be the duty of the
I;iayor - upon request of the Commissioner so informed, or the Board of
Commissioners, to immediately notify the person, firm, company or corpo-
ration so offending, to whom. license has been issued, to appear at the
office of the M.'ayor within twenty-four (24) hours, or at a time to be
designated in said notice, and show cause, under oath, why such license
shall not be revoked or sus:cended, and if such licensee does not show;
cause, then it shall be the duty of the Board of Coirtissioners to revohe
or suspend such license, and in case of suspension, to state in the
order made by sLAcT Board of Commissioners the period of tine the richt
to exercise said license is so susrended, and if any person, firm, com-
pany or corporation shall be convicted in the police court of the City
of Paducah for violation of this Ordinance, or any lair of the --tate of
Xcntuc]:y or Ordinance of the City of Paducah, rertiilatins;, controlli l,- or
prohibiting the s41e of spirituous, vinous or malt liquors, or the Con-
duct 'of a coffee house or s::.loon, or -crrohibitinf- the use Of the r.rer::ises
Yui Y
I V .. LI b-- / L -
Ordinance No. " continued.
in which said coffee house or saloon is operated in any manner, or the
conduct of any affair therein, it shall be the duty of the Board of
Commissioners to either revoke or suspend said license immediately, and
in such order of suspension the Board of Commissioner, shall fix the
period of time during which such licensee is prohibited from exercising
the rights granted under said license.
Section 28. It shall be the dut�j of each person, firm, COMPEnY Or
corporation applying for renewal of any license, under the terms of
this Ordinance, to file his, their or its application, in all respects
as required by law and this Ordinance, at least ten (10) days before
.the expiration of the license then in existence, and to pay to the
Commissioner of Public Fin nee of the City of Paducah the li cens- e fee
required by this Ordinance for the renewal of said license - except
that where the licensee refuses or fails to rmac-,,- his said license,
within said tj,:.:e, and has not transferred or assigned same theretofore,
then - within any period of time before the expiration of said license,*
the original lessee of the building which is occupied by such licensee
at such time shall have the privile,'-e of taking said license out in his
own name, under the terms of this Ordinance.
Section 29. 1111 ordinances or parts of ordinances in conflict
herewith, in so far as same conflict herewith, are hereby repealed.
Section 30. This Ordinance shall take effect and be in force from
and after its passage.
P—SSED BY THE BO --3D OF C07.1.!ISSIO!!=--' Ji!IU--'-'-,.Y 22d, 1915.
RECORD= JJJjjJRY 23d, 1915.
74
City Cleric. G
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