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A. D. 1892.
Chemist and assistants.
Account by State Treasurer.
keeper, who shall be paid in the same manner a salary of twelve hundred dollars, and such other assistants as in the opinion of the Board of Control may be deemed necessary. He shall not sell to the County Dispensers any intoxicating or fermented liquors except such as have been tested by the chemist of the Test of liquors. South Carolina College and declared to be pure and unadulterated Provided, That the said State Board of Control shall have authority to appoint such assistants as they may find necessary to assist the chemist of the South Carolina College in making the analysis required by this Act, and the said State Board of Control may fix such reasonable compensation, if any, as they may Compensation. deem proper for the services rendered by such chemist or such assistants. The State Commissioner shall not receive from said County Dispensers for such liquors sold to them more than fifty Profit to Comper cent. above the net cost thereof, and all amounts so received by him from said sales shall be by him paid over to the Treasurer sto be paid to of the State monthly, under such rules as may be made by the State Board of Control to insure the faithful return of the same; and the State Treasurer shall keep a separate account with said fund, from which the Commissioner shall draw, from time to time, upon warrants duly approved by the said Board, the amounts necessary to pay the expenses incurred in conducting Expenses. the business of said agency. All rules and regulations governing Rules and regthe said Commissioner in the purchase of intoxicating liquors, or in the performance of any of the duties of his office, where the same are not provided for by law, shall be prescribed by a State Board State Board of of Control, composed of the Governor, the Comptroller-General and the Attorney-General. He shall, before entering upon the duties of his office, execute a bond to the State Treasurer, with sufficient sureties, to be approved by the Attorney-General, in the penal sum of ten thousand dollars, for the faithful performance of the duties of his office. In all purchases or sales of intoxi-Certificate on cating liquors made by said Commissioner, as contemplated in this Act, the Commissioner shall cause a certificate to be attached to each and every package containing said liquors, when the same is shipped to him from the place of purchase, or by him to the County Dispensers, certified by his official signature and seal, which certificate shall state that the liquors contained in said package have been purchased by him for sale within the State of South Carolina, or to be shipped out of the State, under the laws of said State, and without such certificate any package containing Shipment withliquors which shall be brought into the State or shipped out of the
Bond of Commissioner.
A. D. 1892.
State, or shipped from place to place within the State, by any railroad, express company or other common carrier shall be regarded as intended for unlawful sale, and upon conviction thereof such common carrier shall be liable in a penalty of five hundred dollars for each offense, to be recovered against said common carrier in any Court of competent jurisdiction by complaint proceedings Proceedings to be instituted by the Solicitor for any circuit, with whom evidence of the violation may be lodged by any citizen having knowledge or information of the violation; and any person knowingly Unlawful cer- attaching or using such certificates without the authority of the Commissioner, or any counterfeit certificate for the purpose of securing the transportation of any intoxicating liquors into, out of or within this State, in violation of law, shall upon conviction thereof be punished by a fine of not less than five hundred dollars and imprisonment in the Penitentiary for not less than one year for each offense. Said Commissioner shall make a printed Quarterly quarterly statement under oath, commencing August 1st, 1893, of all liquors sold by him, enumerating the different kinds and quantity of each kind, the price paid and the terms of payment, and to whom sold. Also, the names of the parties from whom the liquor was purchased, and their place of business and date of purchase, which statement shall be filed with the State Board of Malt liquors. Control: Provided, This Section shall not apply to malt liquors shipped in cases, or bottles thereof shipped in barrels.
Size of packages.
SEC. 3. The State Commissioner shall before shipping any liquor to County Dispensers cause the same to be put into packages of not less than one-half pint nor more than five gallons, To be kept and securely seal the same, and it shall be unlawful for the County Dispenser to break any such package or open the same To be sold and for any reason whatever. He shall sell by the package only, and the purchaser shall not open the same on the premises.
removed in packages.
County Board of Control.
SEC. 4. It shall be the duty of the State Board of Control to appoint a County Board of Control composed of three persons, believed by said Board not to be addicted to the use of intoxicating liquors, who shall hold their office for a term of two years, and until their successors are appointed. Said County Board of Control shall be subject to removal for cause by the State Board of Control. Said County Board shall make such rules as will be conducive to the best management of the sale of intoxicating liquors in their respective Counties: Provided, All such rules shall be submitted to the State Board and approved by them and commission before adoption. Said County Board of Control shall qualify
Qualificat i on
and be commissioned the same as other officers without fees A. D. 1892. therefor.
chase or sale.
SEC. 5. If any County Dispenser, or his clerk, shall purchase Penalties on any intoxicating liquors from any other person or persons except sers. the State Commissioner, or if he or they, or any person or persons Unlawful purin 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 Adulteration. adulterated any intoxicating, spirituous or malt liquors which he
or they may keep for sale under this Act, by mixing with the same any coloring matter, or any drug or ingredient whatever, or
shall mix the same with other liquors of different kind or quality, Mixing liquors. or with water, or shall sell or expose for sale such liquors so adulterated, knowing it to be such, he or they shall be guilty of a misdemeanor and be fined in a sum of not less than two hundred Punishment. dollars or imprisonment in the County jail for not less than six months.
Manufacture, sale, &c., pro
of force only
SEC. 6. That on and after the first day of July, 1893, no person, firm, association or corporation shall manufacture for sale, hibited. sell, keep for sale, exchange, barter or dispense any intoxicating liquors for any purpose whatever, otherwise than as provided in this Act. County Dispensers, as herein provided, shall alone be Who alone may authorized to sell and dispense intoxicating liquors, and all permits must be procured, as hereinafter provided, from the County Board of Control: Provided, That no license for the sale of spirituous liquors now authorized to be granted by municipal authorities shall be of any force or effect after the 30th day of Licenses to be June, 1893, but licenses may be issued or extended to said 30th until July 1, day of June, 1893, upon payment of one half of the annual license required by the municipal and County authorities in cities or towns where such licenses are or may be authorized to be issued Provided, further, That manufacturers of distilled, malt or vinous liquors who are doing business in this State shall be allowed to sell to no person in this State except to the State No sales except Commissioners and to parties outside of the State. Every package, barrel or bottle of such liquors shipped beyond the limits of Shipments bethis State shall have thereon the certificate of the State Commissioners allowing same, and otherwise it shall be liable to confiscation, and the railroad carrying it shall be punished as in Section 2: And provided, That any person shall have the right to Wine for home make wine for his or her own use from grapes or other fruit.. (2500)
yond State lines.
A. D. 1892.
SEC. 7. Applications for position of County Dispensers shall be by petitions signed and sworn to by the applicant and filed for position of with the County Board of Control at least ten days before the meeting at which the application is to be considered, which petition shall state the applicant's name, place of residence, in what business engaged, and in what business he has been engaged two Who are eligible years previous to filing petition; that he is a citizen of the United States and of South Carolina; that he has never been adjudged guilty of violating the law relating to intoxicating liquors, and is not a licensed druggist, a keeper of a hotel, eating house, saloon, restaurant or place of public amusement, and that he is not addicted to the use of intoxicating liquors as a beverage. This permit or renewal thereof shall issue only on condition that the applicant shall execute to the County Treasurer a bond in the penal sum of three thousand dollars, with good and sufficient sureties, conditioned that he will well and truly obey the laws of the State of South Carolina now or hereafter in force in relation to the sale of intoxicating liquors; that he will pay all fines, penalties, damages and costs that may be assessed or recovered against him for violation of such laws during the term for which permit or renewal is granted, and will not sell intoxicating liquors under his permit at a charge exceeding fifty per cent. For whose use. above the cost thereof. Said bond shall be for the use of the County or any person or persons who may be damaged or injured by reason of any violation on the part of the obligor of the law relating to intoxicating liquors purchased or sold during the term for which said permit or the renewal thereof is granted. Deposit of The said bond shall be deposited with the County Treasurer, and suit thereon shall be brought at any time by the Solicitor or any person for whose benefit the same is given; and in case the conditions thereof, or any of them, shall be violated, the principal and sureties thereon shall also be jointly and severally liable for all civil damages, costs and judgments that may be obtained against the principal in any civil action brought by wife, child, parent, guardian, employer or other person, under the provision Proceeds of of the law. All other moneys collected for breaches of such bond shall go into the County treasury. Said bond shall be approved by the County Board of Control under the rules and laws applicable to the approval of official bonds.
bond and action
Number of County Dispen
SEC. 8. There may be one County Dispenser appointed for each County, whose place of business shall be at the County seat of said County, except the city of Charleston, for the County of
A. D. 1892.
Charleston, where there may be ten Dispensers, and except the city of Columbia, for the County of Richland, where there may be three Dispensers appointed, whose place of business shall be located in such sections of said cities as will be most convenient for the accommodation of residents thereof. At least ten days Petition by before the first day of the meeting at which the applications for the position of County Dispenser are considered, the applicant shall file with the County Board of Control, and a copy thereof with the Clerk of Court, in support of the application, such a petition as is provided for in Section seven, signed by a majority of the freehold voters of the incorporated town or city in which the permit is to be used, and each person aforesaid shall sign said petition by his own true name and signature, and state that How signed. each before signing has read said petition and understands the contents and meaning thereof and is well and personally acquainted with the applicant: Provided, That in the judgment of the County Board of Control other dispensaries may be established in other towns in any County.
Oath by Coun
SEC. 9. If the application for the position of County Dispenser be granted, it shall not issue until the applicant shall make and subscribe on oath before the Clerk of the County Board of Control, which shall be endorsed upon the bond, to the effect and tenor 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 trust 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 person who is not known to me personally, or duly identified, nor 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 intoxicating liquors sold or delivered to any and every person as returned." Upon taking said oath and filing bond as hereinbefore provided, the County Board of Control shall issue to him a permit authorizing him to keep and sell intoxicating liquors, as sers.
Permit to County Dispen