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act of Congress
Amended by SEC. 3. That the said board shall appoint a clerk and approved May 11, shall keep a full record of all applications for license, of all recommendation for and remonstrances against the granting of licenses, and of their action thereon.
1894. See p. 452.
The clerk of the board shall be ex officio the inspector of license issued under this act, and it shall be his duty to make the inspection required by this act under the orders of the board and make full report of such inspection to the board at such times as it may order. The salary to be paid such clerk and inspector shall be fixed by the board, and the same, with the expenses necessarily incident to the business of the board, shall be paid out of the fund arising from the license fees paid under this act.
SEC. 4. That every person applying for a license to sell intoxicating liquors in said district shall file with the said board a petition for such license, and such petition shall be considered and acted on by the board in the order in which such petition is filed and numbered. Said petition shall contain:
First. The name and residence of the applicant and how long he has resided there.
Second. The particular place for which a license is desired, designating the same by street and number, if practicable, and if not, by such other apt description as definitely locates it.
Third. The name of the owner of the premises upon which the business licensed is to be carried on.
Fourth. A statement that the applicant is a citizen of the United States, and not less than twenty-one years of age, and that such applicant has never since the passage of this act been adjudged guilty of violating the laws governing the sale of intoxicating liquors, or laws for the prevention of gambling in the District of Columbia.
Fifth. This petition must be verified by the affidavit of the petitioner made before a notary public of the District of Columbia, or any person duly authorized by law to administer oaths. If any false statement is made in any part of said petition, the petitioner or petitioners shall be deemed guilty of perjury, and upon conviction thereof his license shall be revoked and he shall be subject to the penalties provided by law for that crime.
Sixth. That he is not the owner of or licensee named in any such license then in force.
Seventh. That he intends to carry on such business for himself and not as an agent of any other person, and that, if so licensed, he will carry on such for himself, and not as the agent of any other person.
Eighth. That he intends to superintend in person the management of the business licensed and that, if so licensed, he will so superintend in person the management of the business so licensed.
SEC. 5. That in the cities of Washington and Georgetown it shall be the duty of every applicant for a barroom license to present to the excise board with his
Amended by act of Congress
1894. See p. 452.
application the written permission of a majority of the persons owning real estate, and a majority of the residents keeping house on the side of the square where it is desired to locate such business and on the confronting side of the square fronting opposite the same; and if the location of such bar room is on a corner and has an entrance thereon, such consent will be required from such owners and residents on both streets, and in that portion of the District of Columbia lying outside of the said cities of Washington and Georgetown such applicant shall present such permission from a majority of the persons owning real estate and of residents keeping house within the space of two hundred and fifty feet of the street or road on each side of the place where it is desired to locate such business, and within a similar space on the side of the street or road fronting opposite such place. The fact of such ownership of real estate shall be certified by the assessor of the District of Columbia, and the fact of the required residence and the genuineness of the signatures of the residents aforesaid shall be certified by the lieutenant or acting lieutenant of the police precinct which embraces such proposed location. Every place where intoxicating liquors are sold to be drunk on the premises shall, for the purpose of this act be regarded and considered a bar-room, and the posses- approved May 11, sion of intoxicating liquors and the selling or disposing of the same to be drunk on the premises shall constitute and make the place a bar-room: Provided, That any cuyer, 30 D. C. established hotel or tavern having twenty chambers for App., 291; Washlodging guests shall always have the right to obtain for son, 12 D. C. itself a license for a bar-room on complying with the pro- APP. Richards, visions of this act, and the petition in such case must be 38 L. R., 502; D. made by the owner or lessee of such hotel or tavern: D. C. App. 237; And provided further, That after such applicant shall have Lehman v. D. C., obtained and filed with his petition the consent aforesaid 217; Cake . D. and obtained from the board the license required by this 233 D. C. App., act, it shall not be necessary for such licensee, after the expiration of the period for which such license is issued, to obtain again such consent for a renewal of the license unless the majority of the real-estate owners and resident housekeepers aforesaid shall petition the board, stating in such petition that said bar-room is not necessary and is objectionable, and the fact that such parties so petitioning and objecting are real-estate owners and resident housekeepers as aforesaid and the genuineness of their signatures shall be certified in the same manner as is above provided in reference to their written consent: Provided further, That upon a conviction of such licensee What constiof keeping a disorderly or disreputable place it shall be house, 14 Cyc., the duty of said excise board to revoke such licensee's Christensen, 137 license, but until such conviction such licensee's license U. S., 86. shall not be revoked or taken away from him.
ington v. John
App., 545; Leno
C. v. Reuter, 15
19 D. C. App.,
tutes a disorderly
482; Crowley v.
SEC. 6. That under the license issued in accordanceLoeffler v. D. C., 15 D. C. App. with this act, no intoxicating liquors shall be sold, given, 329.
or in any way disposed of to any minor or intoxicated person, or to an habitual drunkard, nor to any person who is in the habit of becoming intoxicated if such person's wife, mother, or daughter shall in writing request that the saloon-keeper shall not sell to such person above age of sixteen years, or between twelve o'clock midnight and four o'clock in the morning, during which last-named hours and on Sundays every bar-room and other place where intoxicating liquors are sold shall be kept closed and no intoxicating liquor sold: Provided, That the keeper of any hotel or tavern having a license under this act may sell intoxicating liquors to bona fide registered guests in his hotel or tavern at the meals or in the rooms Army and of such guests: And provided further, The said excise C., D. C. App., board may in its discretion issue a license to any duly incorporated club on the petition of the officers of the club, and that the said excise board may in its discretion grant a permit to such club to sell intoxicating liquors to members and guests between such hours as the board aforesaid may designate in said permit: Provided further, however, That any licensed dealer may, with the permission of the excise board, at any bona fide entertainment of any society, club, or corporation, sell intoxicating liquors between such hours as the board aforesaid may designate in said permit.
Navy Club v. D.
SEC. 7. That no license under this act shall be issued for a greater period than one year, and no license can be transferred by the licensee to any other person except with the written consent of the excise board upon application thereto in writing, and then only on the proposed transferee's obtaining the consent of a majority of the real-estate owners and resident housekeepers as provided in section five of this act, and the fee to be paid by the party making such transfer shall be two dollars, which shall be paid to the collector of taxes of the District, for the use of the District, which fee shall be paid before such transfer is made.
Property in. SEC. 8. That the liquor licenses authorized and proNation v. D. C., 34 D. C. App., vided for by this act shall be of two classes-wholesale liquor licenses and bar-room licenses. Every applicant for a liquor license shall deposit the amount of the license fee with the collector of taxes of the District of Columbia at the time of filing his application with the excise board. If, upon consideration of the application for license by the board as provided for in this act, the board should decide to grant the license prayed for, they shall notify the assessor and the applicant of such decision in writing, and the applicant shall thereupon receive his or her Amended by license. The fee for a wholesale license shall be two gress approved hundred and fifty dollars per annum, and for a bar-room July 1, 1902. See license four hundred dollars per annum. A bar-room license shall be required for every hotel, tavern, barroom, or other place in which intoxicating liquors are sold by retail. A wholesale liquor license shall only authorize the licensee to sell distilled, malt, or fermented
par. 38, act of Con
liquors, wines, and cordials in quantities not less than one pint, not to be drunk upon the premises where sold; and no such license shall be granted until it is satisfactorily shown that the place where it is intended to carry on such business is properly arranged for selling such liquors as merchandise. Every place where distilled, malt, or fermented wines, liquors, or cordials are sold in quantities as prescribed for retail dealers by section thirty-two hundred and forty-four, Revised Statutes of the United States, to be drunk upon the premises, shall be regarded as a bar-room; and the possession of malt, distilled, fermented, or any intoxicating liquors with the means and appliances for carrying on the business of dispensing the same to be drunk where sold, shall be prima facie evidence of a bar-room within the meaning of this act, and the license therefor shall be known as a bar-room license.
SEC. 9. That every person receiving a license to sell under this act shall frame it under glass and place it in a conspicuous place in his or her chief place of sale of such liquor, so that anyone entering such place of sale may easily read such license.
SEC. 10. That all applicants for license and persons holding licenses shall allow the duly authorized agent or officer of the excise board full opportunity and every facility to examine, at any time during business hours, the premises where intoxicating liquor is sold and for which a license is asked or has been granted.
SEC. 11. That druggists and apothecaries shall not be required to obtain license under the provisions of this act, but they shall not sell intoxicating liquors, nor compound nor mix any composition thereof, except upon the written prescription of a reputable physician, nor more than once on any one prescription of the physician; and every druggist or apothecary shall keep a book for the special purpose, and enter therein the date of every sale of intoxicating liquor made by him, the person to whom sold, the kind, quantity, and price thereof, and purpose for which it was sold, and such book shall be at all times open to the said board, or of any person designated and authorized by them to make such inspection, and shall be produced before such board when required; and any failure to comply with the provisions of this section shall render such druggist or apothecary so failing liable to the same penalties as if he had sold intoxicating liquors without a license.
SEC. 12. That anyone engaging in the sale of intoxi-Restaurant in cating liquors as specified in this act in the District of Page v. D. C., 20 Columbia, who is required by it to have a license as herein D. C. App., 469. specified, without first having obtained a license to do so as herein provided, or any person who shall engage in such sale in any portion of the District where the sale thereof is prohibited, upon conviction thereof shall be fined not less than two hundred and fifty dollars nor more than eight hundred dollars, or be imprisoned in the Dis81254°-11-29
ex rel. Le Cuyer,
trict jail or workhouse for not less than two months nor more than six months; and upon every subsequent conviction of a like offense shall in addition to the penalty above named, towit, a fine of not less than two hundred and fifty dollars nor more than eight hundred dollars, be imprisoned in the workhouse of the District of Columbia not less than three months nor more than one year.
SEC. 13. That any person, having obtained a license under this act, who shall violate any of its provisions shall upon conviction of such violation be fined not less than fifty dollars nor more than two hundred dollars, and upon every subsequent conviction of such violation during the year for which such license is issued shall be fined a like amount, and in addition to such fine shall pay a sum equal to twenty-five per cent of the amount Griffin v. U. S. of the fine imposed for the offense immediately pre30 D. C. App., ceding and have his license revoked, and in case of nonpayment of the fines and penalties above named shall be imprisoned in the jail of the District or workhouse for a period of time not exceeding six months, or till the same are paid; that after second conviction no license shall thereafter be granted to said party: Provided, That no minor under sixteen years of age shall be allowed to enter any place where liquors are sold other than a hotel without the consent of the parent or guardian of such minor.
Amended by act of Congress
1894. See p. 452.
SEC. 14. That any person assisting in or aiding and abetting the violation of any of the provisions of this act shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than fifty dollars nor more than one hundred dollars, or be imprisoned in the District jail or workhouse for not more than one month, for each and every such offense.
SEC. 15. That prosecutions for violations of the proviapproved May 11, sions of this act shall be on information filed in the police Information. court by the attorney of the District of Columbia or any Dempsey v. D. of his assistants duly authorized to act for him, and said C., 1 D. C. App., 63; Gassenhei- attorney or his assistants shall file such information upon D. C. App. ios; the presentation to him or his assistants of sworn inforLehman v. D. C., mation of two reputable citizens of the District that the law has been violated.
19 D. C. App., 217.
approved May 11,
SEC. 16. That license for any of the purposes specified act of Congress shall not be granted to any person to conduct such busi1894. See p. 452. ness within four hundred feet of a public school-house, private school, or house of religious worship, except in Restaurant in such places of business as may have been located preCapitol Building, vious to the erection or occupation of such school-house, D. C. App., 469. private school, or house of religious worship, owned or
Page v. D. C., 20
occupied by the District of Columbia, measured between the nearest entrance to each by the shortest course of travel between such place of business and the schoolhouse, private school, or house of religious worship.
SEC. 17. That all applicants who have had a license during the preceding year shall apply for a renewal of such license on or before November first of each