Illinois Revised Statutes.

Dram Shops.

CHAPTER 43.

Section 1. Dram shop defined. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That a dram shop is a place were spirituous or vinous or malt liquors are retailed by less quantity than one gallon, and intoxicating liquors shall be deemed to include all such liquors within the meaning of this act.

Sec. 2. Selling without a license. Whoever, not having a license to keep a dram shop, shall, by himself or another, either as principal, clerk or servant, directly or indirectly, sell any intoxicating liquor in any less quantity than one gallon, or in any quantity to be drank upon the premises, or in or upon any adjacent room, building, yard, premises or place of public resort, shall be fined not less than twenty dollars ($20) nor more than one hundred dollars ($100), or imprisoned in the county jail not less than ten nor more than thirty days, or both in the discretion of the court.

Sec. 3. How license may be granted. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That hereafter it shall not be lawful for the corporate authorities of any city, town or village in this state, to grant a license for the keeping of a dram shop, except upon the payment, in advance, into the treasury of the city, town or village granting the license, such sum as may be determined by the respective authorities of such city, town or village, not less than at the rate of five hundred dollars ($500) per annum: Provided, that in all cases when a license for the sale of malt liquors only is granted, the city, town or village granting such license, may grant the same on the payment, in advance, of the sum of not less than at the rate of one hundred and fifty dollars ($150) per annum: And provided further, that the city councils in cities, the board of trustees in towns, and president and board of trustees in villages may grant permits to pharmacists for the sale of liquors for medicinal, mechanical, sacramental and chemical purposes only, under such restrictions and regulations as may be provided by ordinance.

3a. How license may be granted by county boards. The county boards of each county may grant licenses to keep so many dram shops in their county as they may think the public good requires, upon the application, by petition, of a majority of the legal voters of the town, if

the county is under township organization, and if not under township organization, then of a majority of the legal voters of the election precinct or district where the same is proposed to be located, and upon the payment into the county treasury of such sum as the board may require, not less than five hundred dollars ($500) per annum for each license; and upon compliance with the provisions of an act entitled "An act to provide for the licensing of, and against the evi's arising from the sale of intoxicating liquors," approved March 3, 1874, in force July 1, 1874: Provided, that in all cases where a license is granted for the sale of malt liquors only, such board may grant the same, upon payment into the county treasury, of a sum not less than one hundred and fifty dollars ($150) per annum for each license: Provided further, such board shall not have power to issue any license to keep a dram shop in any incorporated city, town or village, or within two miles of the same, in which the corporate authorities have authority to license, regulate, restrain, or prohibit the sale of liquors, or in any place where the sale of liquors is prohibited by law.

3b. License to sell malt liquor-penalty for selling other liquors. Any person having a license to sell malt liquors only, who shall by himself or another, either is (as) principal, clerk or servant, directly or indirectly, sell or give any intoxicating liquors, other than malt liquors in a less quantity than one gallon, or in any quantity to be drank upon the premises, or in or upon any adjacent room, building, yard or place of public resort, shall for each offense be fined not less than twenty dollars, nor more than one hundred dollars, or confined in the county jail not less than ten nor more than thirty days, or both in the discretion of the court. The penalties provided for in this section may be enforced by indictment or information in any court of competent jurisdiction, or the fine only may be sued for and recovered before any justice of the peace of the proper county, and in case of conviction, the offender shall stand committed to the county jail until the fine and costs are fully paid. A conviction under this section shall forfeit the license held by the defendant and the court rendering such judgment upon such conviction shall in such judgment declare a forfeiture of such license.

The

Sec. 4. Form of license-rights under-may be revoked. license shall state the time for which it is granted, which shall not exceed one year, the place where the dram shop is to be kept, and shall not be transferable, nor shall the person licensed keep a dram shop at more than one place at the same time, and any license granted may be revoked by the county board whenever they shall be satisfied that the person licensed has violated any of the provisions of this act, or keeps a disorderly or ill-governed house or place of resort for idle or dissolute persons, or allows any illegal gaming in his dram shop, or any house or place adjacent thereto.

Sec. 5. Bond--how taken-suit on. No person shall be licensed to keep a dram shop, or to sell intoxicating liquors, by any county board, or the authorities of any city, town or village, unless he shall first give bond in the penal sum of $3,000, payable to the people of the state of