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A. D. 1893.

a Dispensary within its borders in the following manner: Upon petition signed by one-fourth of the qualified voters of such County, town or city wishing a Dispensary therein being filed with the County Commissioners or Town or City Council, respectively, they shall order an election submitting the question Election. of Dispensary or no Dispensary to the qualified voters of such County, town or city, and shall prescribe the rules, regulations, returns, ballots and notice of such election and shall declare the result; and if a majority of the ballots cast be found and declared to be for a Dispensary, then a Dispensary shall be established in said County, town or city: Provided, That Dispensaries Exceptions. may be established in the Counties of Williamsburg and Marion without such election on compliance with the other requirements Liquor from of this Act: Provided, That nothing in this Act contained shall be so construed as to prohibit persons resident in Counties which shall elect to have no Dispensary from procuring liquors from Dispensaries in other Counties, or County Dispensers from shipping shipment. same to their places of residence under proper labels or certificates.

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other Counties.

pensers.

SEC. 9. If the application for the position of Dispenser be Oath by Disgranted, it shall not issue until the applicant shall make and subscribe an oath, before some officer authorized by law to administer oaths, which shall be endorsed upon the bond, to the effect and tenor the following: "I, do solemnly swear (or affirm) that I will well and truly perform all and singular the, conditions of the within bond, and keep and perform the trusts confided in me to purchase, keep and sell intoxicating liquors. I will not sell, give or furnish to any person any intoxicating liquors otherwise than is provided by law, and especially I will not sell or furnish intoxicating liquors to any minor, intoxicated person or persons who are in the habit of becoming intoxicated, and I will make true, full and accurate returns to the County Board of Control the first Monday of each month of all certificates and requests made to or received by me, as required by law, during the preceding month; and such returns shall show every sale and delivery of such liquors made by or for me during the month embraced therein, and the true signature to every request received and granted; and such returns shall show all the liquors sold or delivered to any and every person as returned.” Upon taking said oath and filing bond as herein before provided, Permit tc Disthe County Board of Control shall issue to him a permit authorizing him to keep and sell intoxicating liquors as in this Act provided, and every permit so granted shall specify the building, Specifications. giving street and number or location, in which intoxicating

pensers.

A. D. 1893.

in trust.

Revocation.

liquors may be sold by virtue of the same, and the length of time in which the same shall be in force, which in no case shall exceed Permits to be twelve months. Permits granted under this Act shall be deemed trusts reposed in the recipients thereof, not as a matter of right, but of confidence, and may be revoked upon sufficient showing by order of the County Board of Control; and upon the removal of any County Dispenser, or upon demand of the County Board Surrender of of Control, he shall immediately turn over to the County Board of Control all liquors and other property in his possession belongProsecutions. ing to the State or County. Said County Board of Control shall be charged with the duty of prosecuting the County Dispenser, or any of his employees, who may violate any of the provisions of this Act. On the death, resignation or removal of a County Dispenser, or expiration of his term of office, the County Board shall appoint his successor.

property.

Successor.

Office and Clerk of County Board.

records.

dispensaries.

SEC. 10. The County Board of Control shall use as their office the office of the County Commissioners of their respective Counties, and the clerk of the Board of County Commissioners shall Books and serve as their clerk. They shall preserve, as part of the records and files of their office, all petitions, bonds and other papers pertaining to the granting or revocation of permits, and keep suitable books in which bonds and permits shall be recorded. The books shall be furnished by the County like other public records. Location of The County Board of Control shall designate or provide a suitable place in which to sell the liquors. The members of the Meetings of County Board of Control shall meet once a month, or oftener, on the call of the Chairman, and for their services they shall Compensation. each receive a per diem of two dollars, and five cents mileage each way, and their clerk shall receive two dollars per day for the days actually employed as such, but they shall not receive compensation for more than thirty days in any one year. They Assistants to shall, upon the approval of the State Board of Control, employ such assistants for the County Dispenser as may be necessary. Compensation. The Dispenser and his assistants shall receive such compensation

County Board.

Limit.

Dispenser.

of profits.

as the State Board of Control may determine. All profits, after Appropriation paying all expenses of the County Dispensary, shall be paid onehalf to the County treasury and one-half to the municipal corporation in which it may be located, such settlements to be made quarterly Provided, That if the authorities of any town or city, in the judgment of the State Board of Controi, do not enforce this law, the State Board may withhold the part going to the said town or city and use it to pay State Constables.

Proviso.

A. D. 1893.

Requests for

attestation.

fused.

SEC. 11. Before selling or delivering any intoxicating liquors to any person, a request must be presented to the County Dispenser, printed or written in ink, dated of the true date, stating liquor. that he or she is of age, and the residence of the signer for whom or whose use the liquor is required, the quantity and kind requested, and his or her true name; and the request shall be signing and signed by the applicant in his own true name and signature, attested by the County Dispenser or his clerk who receives and files the request. But the request shall be refused if the County To whom reDispenser filling it personally knows the person applying is a minor, that he is intoxicated, or that he is in the habit of using intoxicating liquors to an excess; or if the applicant is not so Certification of personally known to said County Dispenser, before filling said applicant. order or delivering said liquor he shall require the statement of a reliable and trustworthy person of good character and habits, known personally to him, that the applicant is not a minor, and is not in the habit of using intoxicating liquors to an excess. SEC. 12. Requests for the purchase of liquor shall be made Blanks for reupon blanks furnished by the County Auditor, in packages of one hundred each, to the County Dispensers, from time to time as the same shall be needed, and shall be numbered consecutively by the Auditor. The blanks aforesaid shall be furnished to the County Auditor by the State Board of Control, in uniform books like bank checks, and the date of delivery shall be endorsed by the County Auditor on each book, and receipt taken therefor and preserved in his office. The Dispenser shall preserve the Disposition of application in the original form and book, except the filling of the blanks therein, until returned to the County Auditor. When return thereof is made the County Auditor shall endorse thereon the date of return, and file and preserve the same to be used in the quarterly settlements between such Dispenser and the County Treasurer. All unused or mutilated blanks shall be returned or accounted for before other blanks are issued to such County Dispenser.

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SEC. 13. On or before the tenth day of each month each Dispenser shall make full returns to the County Auditor of all requests filled by him and his clerks during the preceding month, upon blanks to be furnished by the State Board of Control for that purpose, and accompany the same with an oath, duly taken and subscribed before the County Auditor or a Notary Public, which shall be in the following form, to wit: "I,

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being duly sworn, state on oath that the requests for liquors

quests.

Description.

requests.

Returns by Dispenser.

Accompanying

oath.

A. D. 1893.

Failure by Dispenser to make returns.

herewith returned are all that were received and filled at my place of business under my permit during the month of

189; that I have carefully preserved the same, and that they were filled up, signed and attested at the date shown thereon, as provided by law; that said requests were filled by delivering the quantity and kind of liquors required, and that no liquors have been sold or dispensed under my permit during said month except as shown by the requests herewith returned; and that I have faithfully observed and complied with the provisions of my bond and oath taken by me, thereon endorsed, and with all the laws relating to my duties in the premises."

SEC. 14. Upon failure of any Dispenser to make the returns to the Auditor as herein required, it shall be the duty of said Auditor to report such failure to the State Board of Control, and the said State Board of Control shall immediately order the Proceedings. County Board to summon said delinquent Dispenser to appear

of penalties.

illegal pur

before them and show cause why his permit should not be Revocation of revoked; and if the cause shall not be shown to the satisfaction permit. of the County Board of Control, they shall immediately annul said permit and give public notice thereof; and the Circuit Enforcement Solicitor shall proceed to enforce the penalties prescribed in this Act for such violation against said County Dispenser at the next succeeding term of Court in the County in which such permit is held; and any Dispenser who shall sell or dispense any intoxicating liquors after his permit shall have been revoked shall, Punishment upon conviction thereof, be fined not less than five hundred for further sales ($500) dollars and be imprisoned for six months. If any DisPenalty for penser or his clerk shall purchase any intoxicating liquors from chase, sale, any other person except the State Commissioner, or if he or they, or any person or persons in his or their employ, or by his or their direction, shall sell or offer for sale any liquors other than such as have been purchased from the State Commissioner, or shall adulterate or cause to be adulterated any intoxicating, spirituous or malt liquors which he or they may keep for sale under this Act, by mixing with same coloring matter or any drug or ingredient whatever, or shall mix the same with other liquors of different kind or quality, or with water, or shall sell or expose for sale such liquors so adulterated, knowing it to be such, or shall change the label upon any box, bottle or package, he or they shall be guilty of a misdemeanor and be fined in a sum of not less than two hundred dollars or imprisonment for not less than six months.

adulteration,&c.

&c.

A. D. 1893.

Dispensers

ments by manu

SEC. 15. No person, firm, association or corporation shall manufacture for sale, sell or keep for sale, exchange, barter, or dispense, any liquors containing alcohol, for any purpose what- alone may sell, ever, otherwise than as provided in this Act. Dispensers as herein provided shall alone be authorized to sell and dispense such liquors, and all permits must be procured as herein provided from the County Board of Control: Provided, That the manu- Sales and shipfacturers of distilled, malt or vinous liquors who are doing busi- facturers. ness in the State shall be allowed to sell to no person in this State except the State Commissioner and to parties outside the State, and the State Commissioner shall purchase his supplies from brewers and distillers in this State where their product tic brewers, &c. reaches the standard required by this Act: Provided, Such supplies can be purchased as cheaply there as elsewhere. Every package, barrel or bottle of such liquors shipped beyond the Certificate for liquors shipped limits of this State shall have thereon the certificate of the State by manufactuCommissioner allowing same, otherwise it shall be liable to confiscation, and the railroad carrying it shall be punished as in Penalty. Section three: And provided, That any person shall have the right to make wine for his or her own use from grapes or other fruits.

Preference to

be given domes

rers.

Wine for own use.

Account book of Dispenser.

spection.

SEC. 16. Every Dispenser shall keep a strict account of all liquors received by him from the State Commissioner, in a book kept for that purpose, which shall be subject at all times to the Open to ininspection of the Circuit Solicitor, any peace officer or grand juror of the County, or of any citizen, and such book shall show the amount and kind of liquors procured, the date of receipt and Statements. amount sold, and the amount on hand of each kind for each month. Such book shall be produced by the party keeping the Book as evisame, to be used as evidence on trial of any prosecution against him, on notice duly served that the same will be required as evidence.

dence.

Prima facie evidence of

SEC. 17. The payment of the United States special tax as a liquor seller, or notice of any kind in any place of resort, or in illegal sales. any store or shop, indicating that alcoholic liquors are there sold, kept or given away, shall be held to be prima facie evidence that the person or persons paying said tax and the parties displaying such notices are acting in violation of this Act, and unless said person or parties are selling under permit as prescribed by this Act they shall be punished by a fine not exceeding one hundred Penalty. ($100) dollars or imprisonment not more than thirty days.

SEC. 18. Licensed druggists conducting drug stores and Privileges to manufacturers of proprietary medicines are hereby authorized to licensed drug

gists.

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