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A. D. 1892.
in this Act provided; and every permit so granted shall specify the building, giving street and number, or location, in which intoxicating 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 To be deemed case shall exceed 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 Liquors, &c., the County Board of Control, he shall immediately turn over to the said County Board of Control all liquors and other property in his possession belonging to the State or County. Said County Prosecutions. 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.
to be turned over.
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 reserve 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. The County Board of Control shall designate or provide a suitPlace of sale. able place in which to sell the liquors, and shall furnish or grant Permits to buy. permits to purchase from the State Commissioner such liquors as Meetings of shall be necessary. The members of the County Board of Control shall meet once a month, or oftener on the call of the ChairCompensation. man, and for their service they shall 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 shall, upon the approval of the State Board of Control, employ such assistants for the County Dispenser as may be necessary. The County Dispenser and his associates Compensation shall receive such compensation as the State Board of Control may of County Dis- determine. All profits after paying all expenses of the County Appropriation Dispensary shall be paid one-half to the County treasury and onehalf to the municipal corporation in which it may be locatedsuch settlements to be made monthly.
Requests for purchase by consumer.
SEC. 11. Before selling or delivering any intoxicating liquors to any person, a request must be presented to the County Dis
A. D. 1892.
Requests of be refused."
minors, &c., to
penser, printed or written in ink, dated of the true date, stating the age and residence of the signer for whom and whose use the liquor is required, the quantity and kind requested, and his or her true name and residence, and, where numbered, by street and number, if in a city, and the request shall be 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, in his own true name and signature and in his own handwriting. But the request shall be refused if the County Dispenser 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 t an excess; or if the applicant is not so personally known to said County Dispenser, before filling said order or delivering said liquor, he shall require identification, and 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 County Dispenser shall preserve Requests to be the 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 the County Dispenser and the County Treasurer. All unused or mutilated blanks shall be returned or accounted for before other blanks are issued to such County Dispensers.
SEC. 13. On or before the tenth day of each month, each County 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 the 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,
-, being duly sworn, state on oath that the requests for
Returns to County Auditor.
Oath to return,
A. D. 1892.
Proceedings on failure to make return.
liquors herewith returned are all that were received and filled at my place of business, under my permit, during the month of 18-; 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 County Dispenser to make the returns to the Auditor herein required, it shall be the duty of said Auditor to report such failure to the County Board of Control, and the said County Board of Control shall immediately summon said delinquent County Dispenser to appear before them Revocation of and show cause why his permit should not be revoked; and if the cause shall not be shown to the satisfaction of the County Board of Control, they shall immediately annul said permit and give public notice thereof; and the 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 of the County in which such permit is held; and any County Dispenser who shall sell or dispense any intoxicating liquors after his permit shall have been revovked shall, upon conviction thereof, be fined not less than five hundred dollars and be imprisoned in the County jail for six months.
Account of liquors received
SEC. 15. Every County 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 inspection 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 amount sold, and the amount on hand of each Book as evi- kind for each month. Such book shall be produced by the party keeping the same, to be used as evidence on trial of any prosecution against him, on notice duly served that the same will be required as evidence.
U. S. license evidence of unlawful sale.
SEC. 16. The payment of the United States special tax as a liquor seller, or notice of any kind in any place of resort, or in any store or shop, indicating that intoxicating liquors are there sold, kept or given away, shall be held to be prima facie evi
Profit to be charged drug
Record to be
kept by them.
dence that the person or persons paying said tax and the parties A. D, 1892. displaying said notices are sellers of intoxicating liquors, and unless said persons or parties are selling under permit as prescribed by this Act they shall be punished as provided for by this Act. SEC. 17. Licensed druggists conducting drug stores and not Purchase by holding permits, and manufacturers of proprietary medicines, are hereby authorized to purchase of County Dispensers of the Counties of their residence intoxicating liquors (not including malt) for the purpose of compounding medicines, tinctures and extracts that cannot be used as a beverage. Such permit holders shall not charge such licensed druggist over ten per cent. net profits for liquors so sold. Such purchaser shall keep a record gists. of the uses to which the same are devoted, giving the kind and quantity so used, and on or before the tenth of each calendar month they shall make and file with the County Auditor, and with the County Board of Control, sworn reports of the preced- Sworn reports. ing calendar month, giving a full and true statement of the quantity and kinds of such liquors purchased and used, the uses to which the same have been devoted, and giving the names of County Dispenser from whom the same was purchased, and the dates and quantities so purchased, together with an invoice of each kind still in stock and kept for such compoundings. If said licensed druggist sell, barter, give away or exchange, or in any manner dispose of, said liquors, or use the same for any purpose other than authorized in this Section, he shall, upon conviction before any Court of General Sessions, forfeit his license and be Penlaties for liable to all penalties, prosecutions and proceeding at law and in equity provided against persons selling without permit, and upon such conviction the Clerk of Court shall, within ten days after such judgment or order, transmit to the Board of Pharmaceutical Examiners the certified record thereof, upon receipt of which the said Board shall strike the name of the said druggist from the list of pharmacists and cancel his certificate: Provided, revoked, That nothing herein contained shall be construed to authorize the manufacture or sale of any preparation or compound, under any name, form or device, which may be used as a beverage which is intoxicating in its character.
License as druggist to be
Intoxicat i ng compounds.
of $50,000 to
SEC. 18. That the sum of fifty thousand dollars, if so much be Appropriation necessary, is hereby appropriated for the purpose of purchasing purchase liquor. and of supplying liquors to be distributed to County Dispensers under the provisions of this Act, to be expended by the State How expended. Treasurer upon the requisition of the State Commissioner, with
A. D. 1892.
Penalties for false signatures
the approval of the State Board of Control: Provided, That the amounts advanced to each County Dispenser shall be considered loans to be refunded out of the profits derived from the sales of liquors by the County Dispenser therein.
SEC. 19. If any person shall make any false or fictitious signaand statements. ture, or sign any name other than his or her own to any paper required to be signed by this Act, without being authorized so to do, or make any false statement in any paper, request or application signed to procure liquors under this Act, the person so offending shall be guilty of a misdemeanor, and upon conviction therefor shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars, and cost of prosecution, or be imprisoned not less than thirty days nor more than six months.
SEC. 20. If any County Dispenser or his clerk shall make false oath touching any matter required to be sworn to under the provisions of this Act, the person so offending shall upon conviction therefor be punished as provided by law for perjury. If Other unlaw- any County Dispenser, under the law, shall purchase or procure any intoxicating liquors from other person than the State Commissioner, or make any false return to the County Auditor, or use any request for liquors for more than one sale, in any such case he shall be deemed guilty of a misdemeanor, and upon conviction punished by a fine of not less than one hundred dollars nor more than five hundred dollars, and imprisoned in the County jail for not less than ninety days nor more than one year for each offense.
Penalties for keeping liquor at clubs.
SEC. 21. Every person who shall, directly or indirectly, keep or maintain, by himself, or by associating or combining with others, or who shall in any manner aid, assist or abet in keeping or maintaining, any club room or other place in which any intoxicating liquors are received or kept for the purpose of barter or sale as a beverage, or for distribution or division among the members of any club or association, by any means whatever, and every person who shall barter, sell, or assist or abet another in bartering or selling, any intoxicating liquors so received or kept, shall be deemed guilty of a misdemeanor, and upon conviction thereof be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, and by imprisonment in the County jail not less than ninety days nor more than one year.
SEC. 22. All places where intoxicating liquors are sold, bartered or given away in violation of this Act, or where persons are