§ 9. CORPORATIONS SUBJECT TO CERTAIN LAWS.] Except as specifically provided in this act, all corporations organized hereunder shall be subject to the provisions of Articles 6, 7, 10, 11, 12, 13, 15 and 16 of Section nine (9) of Chapter sixty. nine (69), laws of 1889, of the former territory of Dakota, as re-enacted by Chapter 105 of the Session Laws of 1890. § 10. REPEAL.] All acts and parts of acts in conflict with this act are hereby repealed. § 11. EMERGENCY.] Whereas, the provisions of the present law for the organization of mutual insurance companies as provided for herein are inadequate, an emergency is hereby declared to exist, and this act shall take effect and be in force from and after its passage and approval. Approved March 9, 1897. INTOXICATING LIQUORS. CHAPTER 72. [S. B. 48.] REGULATING THE MANUFACTURE AND SALE OF INTOXICATING LIQUORS. AN ACT to Provide for the Licensing, Restriction and Regulation of the Business of the Manufacture and Sale of Spirituous and Intoxicating Liquors. Be it Enacted by the Legislature of the State of South Dakota: § 1. LICENSE-AMOUNT OF. ] That in all townships, precincts, towns and cities of this state there shall be annually paid the following license upon the business of the manufacturing, selling or keeping for sale by all persons whose business in whole or in part consists in selling or keeping for sale or manufacturing in this state distilled, brewed or malt liquors, or mixed liquors, as follows: Upon the business of selling or of fering for sale any spirituous, vinous, malt, brewed, fermented or other intoxicating liquors, at retail, or any mixture or compound except proprietary patent medicines, which in part consists of intoxicating liquors, four hundred dollars ($400) per annum; upon the business of selling only brewed or malt liquors at wholesale, six hundred dollars ($600) per annum, said license to be paid in each township, precinct, town or city in which said wholesaler has or operates a warehouse or depository, upon the business of selling spirituous or intoxicating liquors at wholesale, one thousand dollars ($1,000) per annum; upon the business of manufacturing brewed or malt liquors for sale, four hundred dollars ($400) per annum; upon the business of manufacturing for sale spirituous or intoxicating liquors, one thousand dollars ($1,000) per annum. No person, firm or corporation paying a manufacturer's license in this state on brewed or malt liquors under this act shall be liable to pay a wholesale dealer's license on the product of such manufactory. A person, firm or corporation shall pay the license herein provided in as many different places as he carries on business. § 2. RETAIL DEALERS DEFINED.] Retail dealers of spirituous or intoxicating liquors and brewed, malt or fermented liquors shall be held and deemed to include all persons who sell any such liquors by the drink in quantities of less than five gallons at one time to any person or persons. Wholesale dealers shall be held and deemed to mean and include all persons who sell or offer for sale or deliver such liquors or beverages in quantities of five (5) gallons or more at any one time to any person or persons. No license imposed under this act shall be required from any person for selling any wine or cider made from fruits grown or gathered in this state unless such wines or cider be sold by the drink as other beverages are, nor from any person making wine or cider for his own use. § 3. MUST FILE STATEMENT-LICENSE PAID IN ADVANCE.] Every person engaged or intending to engage in any business mentioned in Section one (1) of this act, and requiring the payment of any license mentioned in Section one (1), shall on or before the first day of July in each year make and file with the county auditor in the county where it is proposed to carry on such business a statement in writing and on oath showing the name and residence of such person, the city, ward, town, township or precinct in which it is proposed to carry on such sale or manufacture, and the nature of the business in which such person is engaged or is intending to engage in, and shall on or before the first day of July in each year pay to the county treasurer in advance the licenses required by said Section one (1) for such business for a year cominencing on the first day of July and ending on the thirtieth day of June next thereafter. Every person engaged in any business specified in Section one (1) of this act after the first day of July in each year shall, before commencing such business, make and file a like statement on oath as is provided in this section, and pay in advance to said county treasurer a pro rata portion of the yearly license on such business as provided in Section one (1) for the remainder of the year ending on the thirtieth day of June next ensuing; and in computing the time of such fractional part of a year for which license is required, the same shall com mence on the first day of that month in which said business was commenced. § 4. DUTY OF COUNTY TREASURER.] On receiving the license provided for in this act, the county treasurer shall give a receipt of the money so paid to the person or persons of whom the same shall be received, in which receipt the name of the person or persons paying the license shall be stated and shall specify therein the amount of the license and the time for which it was paid, the city, ward, town, township or precinct in which the business is to be conducted and the kind of business for and on account of which the license is paid, and he shall also deliver to such person or persons a notice printed on full size printer's card board, and in as large letters as practicable, which notice shall contain a statement of what license has been paid by the holder of said notice and the penalty for selling in violation of the provisions of this act, and that complaint may be made to any justice of the peace or police justice. Before commencing or doing any business for the time for which said license is paid and the receipt is given, said notice and receipt shall be posted up and at all times displayed in a conspicuous place in the room where the sale of the liquors or beverages in this act and for which the license was paid is carried on, so that such receipt and notice shall be displayed in a conspicuous manner to persons visiting or frequenting such room or place. And it shall be the duty of the county auditor to prepare printed blank receipts and notices conforming to the provisions of this act and to furnish the same in proper quantities to the county treasurer of his county, and no county treasurer shall issue any such receipt or notice until the license specified herein shall be paid in full in money: Provided, that no license shall be granted to any person under any of the provisions of this act who has ever served any term of imprisonment in any penitentiary, or who shall be, after the taking effect of this act, convicted of keeping a disorderly house by any court of this state. § 5. PENALTY FOR VIOLATION.] If any person or persons shall engage or be engaged in any business requiring the payment of license under Section one (1) of this act without having paid in full the license required by this act, and without having the receipt and notice for such license posted up as required by this act, or without having made, executed and delivered the bond required by this act, or shall in any manner violate any of the provisions of this act, such person or persons shall be deemed guilty of a misdemeanor, and upon conviction thereof, if there is no specified penalty provided therefor by this act, shall be punished by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500) and costs of prosecution, or by imprisonment in the county jail not less than ten days nor more than thirty days or by both such fine and imprisonment in the discretion of the court; and in case such fine shall not have been paid at the time such imprisonment expired, the person serving out such sentence shall be further detained in jail until such fine and costs shall have been fully paid as provided by statute; and any person or persons engaged in any business requiring the payment of a license under Section 1 of this act who, after paying the license so required, shall be convicted of a violation of any of the provisions of this act shall thereby, in addition to all other penalties prescribed by this act, forfeit the license so paid by him or them and be precluded from continuing such business for the remainder of the year or time for which said license was paid and be debarred from again engaging in any business requiring the payment of a license under Section 1 of this act or from becoming a surety or sureties upon any bond required under Section 6 of this act from the time of such conviction. Each violation of any of the provisions of this act shall be construed to constitute a separate and complete offense, and for each violation on the same day or on different days the person or persons offending shall be liable for the penalties and forfeitures herein provided and be precluded and debarred from continuing or engaging in any business requiring the payment of a license under this act as aforesaid. And it shall be the duty of the sheriffs, marshals, constables and police officers to forthwith close all saloons and other places where the business of manufacturing, selling or keeping for sale any of the liquors mentioned in Section 1 of this act is being conducted upon which business the license required by Section 1 has not been paid in full and in which the receipt mentioned in Section 4 of this act shall not be posted up and displayed. § 6. MUST EXECUTE BOND-FORM OF.] Every person engaging in the sale of any spirituous, malt, brewed, fermented or vinous liquors shall, before commencing such business, and on or before the first day of July in each and every year thereafter, make, execute and deliver to the county treasurer of the county in which he is carrying on such business a bond, the sufficiency of which shall be determined by the board of county commissioners of the county in which such business is proposed to be carried on, to the state of South Dakota in the sum of two thousand dollars ($2,000), with two or more sufficient sureties who shall be residents and freeholders of the town, township, city or county in which such business is proposed to be carried on, neither of whom shall hold any elective or appointive office in any county, city, town or township of this state except no taries public, nor be surety upon any other bond required by the provisions of this act, and each of whom shall justify in real estate situated in the county in which such business is proposed to be carried on in a sum equal to the amount of the bond over and above all indebtedness and all exemptions from sale on executions, which bond shall be substantially in the following form: Know all men by these presents, that we, as principal, and............. ....and.... as sureties, are held and firmly bound unto the state of South Dakota in the sum of two thousand dollars ($2,000) to the payment whereof well and truly to be made we bind ourselves, our heirs, executors and administrators firmly by this presents. Sealed with our seals and dated this.... ...A. D. 189.. day of Whereas the above named principal proposes to carry on the business of.. ...(describing the business) at.... .in the county of..... ....and Whereas, the said principal has covenanted and agreed, and doth hereby covenant and agree, as follows, to-wit: That he will not directly or indirectly by himself, his clerk, agent, or servant at any time sell, furnish, give or deliver any spirituous, malt, brewed, fermented or vinous liquors, or any mixed liquors, or any mixture or compound, any part of which is spirituous, malt, brewed, fermented or vinous liquors, to a minor or to any adult person whatever who is at the time intoxicated, nor to any person in the habit of getting intoxicated, nor to any person when forbidden in writing to do so by the husband, wife, parent, child, guardian or employer of such person, or by the supervisor of the township, mayor of the city or president or a trustee of any town, or member of the board of county commissioners of the county in which such person shall reside or temporarily remain; that he shall also pay all damages, actual and exemplary, that may be adjudged to any person or persons for injuries inflicted upon him or them either in person or property, or means of support or otherwise, by reason of his selling, furnishing, giving or delivering any such liquor. Now the conditions of this obligation is [are] such that if said principal shall well and truly keep and perform all and singular the foregoing covenants and agreements, and shall pay any judgment for actual or exemplary damages which may be recovered against him in any court of competent jurisdiction, and all fines and costs that may be imposed upon him for any violation of this act, then this obligation shall be void and of no effect; otherwise the same shall be in full force and effect. Signed, sealed and delivered in the presence of L. S. |