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[PUBLIC NO. 247.]
An Act To amend the law relating to taxation in the District of Columbia.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, beginning with the fiscal year commencing July first, nineteen hundred and four, the board of personal tax appeals of the District of Columbia shall convene on the first Monday in February of each year, and continue in session to and including the second Monday in March of each year, instead of convening on the fifteenth day of November and continuing in session until the fifteenth day of December in each year, as now provided by law.
SEC. 2. That the act of Congress approved July first, nineteen hundred and two, entitled "An act making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes," is hereby amended as follows:
In section seven, paragraph thirty-eight, at the end thereof, add:
"That hereafter it shall be unlawful for the licensee, owner, proprietor, or any employee of a licensee, owner, or proprietor of any barroom, or any other establishment in the District of Columbia in which intoxicating liquors of any kind are sold, to sell, give, or dispense in any manner intoxicating liquors of any kind to any person under the age of twenty-one years.
"Any person knowingly violating the provisions of this paragraph shall be amenable to a fine of twenty-five dollars or imprisonment for thirty days, or both, in the discretion of the court; and in addition to such penalty the license for the place in which such intoxicating liquors were sold to a minor shall be revoked."
Section seven, paragraph forty-five, is hereby amended by adding thereto the following:
"That hereafter proprietors of bowling alleys in the District of Columbia shall pay to the collector of taxes of said District an annual license tax of twelve dollars for each alley."
SEC. 3. That all acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Approved, April 28, 1904. (33 Stat., 565.)
An Act To prohibit the sale of intoxicating liquors near the Government Hospital for the Insane and the Home for the Aged and Infirm.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be unlawful to sell, either by wholesale or retail, intoxicating liquor of any kind at any point between the Government Hospital for the Insane and the Home for the Aged and Infirm, or within a radius of one-half mile of the boundaries of either of the said properties.
Approved, February 1, 1907. (34 Stat., 807.)
[PUBLIC NO. 228.]
An Act Prohibiting the purchase or procurement, sale, gift, or disposition of intoxicating liquors to or for the use of minors by unlicensed persons.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be unlawful for any person not having a license in any manner to purchase or procure for, sell, give, or dispose of to, or aid or assist in any manner in such purchase or procurement for, sale, gift, or disposition for the use of any person under the age of twenty-one years, knowing him or her to be such, any intoxicating liquor as the same is defined in the act of Congress entitled "An act regulating the sale of intoxicating liquors in the District of Columbia," approved March third, eighteen hundred and ninety-three, or any narcotic drugs except for necessary use in the case of illness when furnished by a parent or guardian or duly licensed physician, or upon the prescription of a duly licensed physician.
SEC. 2. That any person violating the provisions of this act shall, on conviction thereof on prosecution by information filed in the police court of the District of Columbia by the corporation counsel or any of his assistants, 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 six months for each and every such offense.
SEC. 3. That nothing in this act contained shall be held to repeal or abrogate the provisions of the said act approved March third, eighteen hundred and ninetythree, or amendments thereof prohibiting the sale, gift, or disposition of intoxicating liquors to any minor by persons having a license to sell intoxicating liquors.
Approved, March 2, 1907. (34 Stat., 1248.)
RULES AND REGULATIONS GOVERNING THE SALE OF INTOXICATING LIQUORS IN THE DISTRICT OF COLUMBIA.
[As provided by section 2 of the act of March 3, 1893.] OFFICE OF THE EXCISE Board of THE DISTRICT OF COLUMBIA,
Washington, D. C., April 1, 1910.
Ordered, That the following rules and regulations governing the granting and issuing of licenses for the sale of intoxicating liquors in the District of Columbia be, and the same are hereby, made and promulgated pursuant to section 2 of the excise law:
SECTION 1. Every person intending to apply for a liquor license must pay to the collector of taxes the fee required for such license $800 for barroom and $300 for wholesale liquor license, and file with the excise board a petition setting forth his or her name; that the applicant is a citizen of the United States, and not less than 21 years of age; that such applicant has never since the passage of the act of March 3, 1893, entitled "An act regulating the sale of intoxicating liquors in the District of Columbia," 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; the local residence of the applicant, and how long he or she has resided there; the place where such license is desired, designating it by street and number, or by such other apt description as definitely locates it; the name of the owner of the premises in which the business is to be conducted; that the applicant is the only person pecuniarily interested in the business asked to be licensed, and whether the applicant has had a license during the preceding license year or any part of it. This petition must be verified by the petitioner before a notary public, or other officer duly authorized to administer oaths.
ALL APPLICANTS WHO HAVE HAD A LICENSE DURING THE PRECEDING YEAR SHALL APPLY FOR A RENEWAL OF SUCH LICENSE ON OR BEFORE NOVEMBER 1 OF EACH LICENSE YEAR. FAILURE TO COMPLY WITH THIS REGULATION ON OR BEFORE 4 O'CLOCK P. M. OF THE DATE NAMED ABOVE WILL MAKE THE PLACE A NEW ONE AND, IN CASE OF A BARROOM, NECESSITATE THE FILING OF SIGNATURES AS REQUIRED IN AN ORIGINAL APPLICATION AND THE CLOSING OF THE PLACE UNTIL ACTION BY THE BOARD.
That hereafter three members of the excise board shall be necessary to constitute a quorum for the transaction
SEC. 2. An applicant for a barroom license, whether original or transfer, shall procure from the clerk of said board the necessary blank for the signatures of owners and residents as required by law, and shall furnish the necessary information for the filling in of same, and no
application will be considered by said board unless so pro-. cured. The usual notice of intended application as provided for in section 3 of the rules and regulations shall be posted on the place where license is applied for. That with every application for a barroom license within the city of Washington there must be presented the written permission of a majority of the owners of real tate and a majority of the residents keeping house on the same side of the square where it is desired to locate such business, and on the side of the square fronting opposite the same, and if the location of such barroom is on a corner and has an entrance thereon, such signers will be required in all cases on both streets.
That with every application for barroom license in any part of the District of Columbia outside of the city of Washington, where a license is not prohibited, there must be presented the written permission from a majority of the persons owning real estate and of residents keeping house within the space of 250 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 a majority of the signatures of owners of real estate shall be certified to by the assessor of the District of Columbia, and the genuineness of all signatures, and the fact of a majority of residents, shall be ascertained and certified to by the lieutenant, or acting lieutenant, of the police precinct in which the proposed business is to be located.
All signatures to such application must be made in ink, and agents signing must sign the names of their several principals in front of their own signatures as agents, and be prepared to show legal authority for signing such application for their respective principals, in case the excise board should require it.
The term "residents keeping house" does not include boarders, persons renting rooms, or tenants of flats.
Applicants for liquor licenses who have not had a license since March 3, 1893, must file with the board a letter of recommendation signed by three reputable citizens not connected with the liquor business.
Applicants for the transfer of a liquor license shall file with the excise board an application therefor, and, in case of a barroom license, accompany the same with the consent of a majority of the real-estate owners and resident householders as provided above, and the fee to be paid for said transfer shall be $2, which shall be paid to the collector of taxes.
There shall also be filed with the application the license sought to be transferred, endorsed by the licensee. On the death of a holder of a barroom or wholesale liquor license, application for a transfer of said license must be made to the excise board, District of Columbia, within 60 days after the death of the licensee. In every case a
copy of the letters of administration must be filed with such application for transfer.
Applications must remain at least 24 hours in the clerk's office before presentation to the board for action.
SEC. 3. Whenever applications for barroom or wholesale liquor licenses are made, either at new places or for transfer of ownership, there shall be posted, in a conspicuous place on the premises, a card, as follows:
has applied for a
Notice is hereby given that liquor license at this place.
When proposed place is located on a corner, notices must be posted on both fronts. In case of a transfer of location, notice must be placed on premises vacated and on the one sought to be licensed.
Notice must be kept posted until application has been acted on.
Notice, if destroyed, must be immediately replaced. SEC. 4. That the approval of the excise board of applications for license for the sale of intoxicating liquors must precede the opening of places where such liquors are sold, except where the applicant has had a license during the preceding year, in which case the applicant's place may be kept open until the desired license is granted or refused by the excise board.
SEC. 5. In all cases of application for wholesale license, it must be satisfactorily shown that the place where it is intended to carry on such business is properly arranged for the sale of liquors as merchandise, and that the party making application has not and does not intend to sell liquors to be drunk on the premises.
SEC. 6. All applicants or holders of a license shall allow the duly authorized agents or officers of the excise board full opportunity to examine the premises for which license is asked or has been granted. A refusal to do so shall be deemed a sufficient cause to reject the application, and all licensees are required to frame their licenses under glass, and place the same in a conspicuous place in their chief place of business, so that anyone entering such place may easily read said license.
SEC. 7. The excise board will consider any valid objections made by citizens to an application, provided such objections are specific in their character-that is, against a particular applicant or against the particular place, and bear the signatures and the addresses in ink of the parties making the same: Provided, That such objections are filed 24 hours before the final hearing on the case.
That hereafter the attorney for the Anti-Saloon League or the attorney for protestants or any person interested in opposing or granting of a liquor license shall perfect and file with the chief clerk of the excise board in writing all objections of whatsoever kind as to signatures of owners or residents prior to fixing a time for the hearing.