9. It shall be the duty of the inspector to see that a synop- Synopsis of sis of this Ordinance and the penalties thereunder shall be be posted posted in a conspicuous place where liquor is sold under this Ordinance. No. 7 of 1897, s. 101. Ordinance to to lay 10. In case any person gives to the inspector information Inspector justifying the prosecution of any person for offences against information this Ordinance it shall be the duty of the inspector to lay the and prosecute information in his own name and prosecute. No. 7 of 1897, s. 39. cities or towns 11. Any incorporated city or town may appoint an inspector Incorporated or inspectors of licenses within the limits of its corporation may appoint who shall have all the powers conferred by this Ordinance inspectors upon inspectors for the purpose of prosecution, and in case any person is convicted of an offence against the provisions of this Ordinance through the action of such inspector or otherwise through the action of the municipality then the Territorial treasurer shall pay to such municipality one-half of the fines recovered through such conviction. No. 7 of 1897, s. 38. LICENSES. 12. Licenses shall be either, (a)" Hotel" or (b) "Wholesale." (2) Licenses shall be signed by the chief inspector and shall be in form F appended hereto. Form of (3) Under a wholesale license the licensee may sell and dis- Wholesale pose of liquors in the warehouse, store, shop or place defined license in the license in quantities of not less than one-half gallon in each cask or vessel and in case of such selling by wholesale as in respect of bottled ale, beer, porter, wine or other fermented or spirituous liquors each such sale shall be in quantities not less than one reputed quart bottle or two reputed pint bottles. and liquors thus sold shall not be consumed in or upon the house and premises in respect of which the license is granted: Provided that in case of any conviction against a wholesale licensee for allowing liquors to be consumed in or upon such house or premises such licensee shall absolutely forfeit his license or licenses and no new license shall thereafter be granted to such licensee in the license district in which such licensed premises are situate: Provided further that in incorporated cities and towns no Wholesale business other than a liquor business and the sale of cigars license limited and tobacco shall be caried on upon the premises covered by such wholesale license. No. 7 of 1897, s. 9. issue in 13. Licenses may be issued in the name of a copartnership License may when two or more persons are carrying on business in the same name of name but a separate license shall be required in every separate copartnership place of business of such firm. Dissolution of partnership Incorporated become licensee (2) A license granted to any firm or partnership shall without any formality enure to the benefit of the remaining partner or partners in the event of the withdrawal or removal of any of them by dissolution or any other determination of the partnership. No. 7 of 1897, s. 37. 14. Any incorporated company may become a licensee or company may licensees in any district under the provisions of this Ordinance and in such cases all acts required under the provisions of this Ordinance to be done by any person as licensee whether prior to or after the granting of a license may be done in the name of the company by the officer or agent of the said company in charge of the particular premises for which the license is to be or shall have been granted. No. 7 of 1897, s. 27. Officer or agent may act Short term ale,and beer licenses on societies 15. Upon the application of any incorporated society, turf club or racing association the chief inspector may in his disapplication of cretion grant a permit to any licensee under this Ordinance to sell by retail for any period not exceeding six days, ale or lager beer, but not spirits, in a covered booth or tent upon grounds occupied by any such society, association or club for the time being for the purpose of holding meetings for the encouragement of manly sports and exercises or for the purpose of holding racing or trotting matches provided that said meeting is held within a staked or fenced inclosure and does not include any licensed premises within the limits of such inclosure, and provided that an inspector of the district shall approve of the location of the tent or booth in which such liquors may be sold under such permit. License fee Exception Dining hall Special license to railway company (2) The licensee to whom any such permit may be granted shall pay therefor a fee of $10 to the Territorial treasurer for each day covered by the permit and shall be subject to the provisions of this Ordinance as if selling in his own licensed premises. (3) No permit under this section shall be granted for the sale of ale or lager beer upon grounds occupied or partly occupied for the time being by any agricultural society or any other society, association or corporation for the purpose of holding any agricultural show or industrial exhibition. No. 7 of 1897, s. 76. 16. Any keeper of a dining hall situated within fifty feet of the lines of railway may obtain a dining hall license for the sale of beer only and shall pay therefor the sum of $100 to the Territorial treasurer; such licenses shall expire on the thirtieth day of June in each year: Provided that where any such license is granted the premises being within the limits of an incorporated city or town the licensee may by bylaw be required to pay to such incorporated city or town such a sum not exceeding $100 as it may deterNo. 7 of 1897, s. 120. mine. 17. Any railway company may obtain a special license from the chief inspector to sell wine, ale, beer and spirits on any dining car attached to a train upon the line of their railway and shall pay therefor the sum of $100 to the Territorial treasurer; such licenses shall expire on the thirtieth day of June in each year. (2) The general provisions of this Ordinance as to applica tions for licenses and the proceedings thereon shall not apply in the case of applications for license under this or the preceding section. No. 7 of 1897, s. 121; No. 40 of 1898, s. 12. hotel licenses 18. In any incorporated city containing a population of Additional three thousand or over, additional hotel licenses may be issued to two restaurants and in any incorporated city containing a population of two thousand or over, an additional hotel license may be granted to one restaurant and the board may dispense with hotel qualifications for that purpose but the restaurants so licensed shall be subject to the other provisions contained in this Ordinance regarding hotel licenses and the holders of such licenses shall be subject to the provisions herein contained concerning hotel licenses: Provided that no licenses shall be issued to restaurants where the municipal council has notified the board protesting against the issue of such licenses. (2) No such license shall be granted until the premises have Certificate of been inspected and found to contain a suitable dining room, ratepayers kitchen and necessary appliances, and until a certificate has been filed with the inspector signed by ten resident ratepayers assessed on the last assessment roll for $1,200 or upwards certifying that in their opinion said restaurant is desirable for the purpose of providing meals for the public, and the inspector shall see that meals are furnished for the public during the existence of said license. No. 7 of 1897, s. 122. to be a license 19. Subject to the provisions of this Ordinance as to re- License movals and the transfer of licenses every license for the sale of only to person liquor shall be held to be a license only to the person named named therein therein and for the premises therein mentioned and shall remain valid only as long as such person continues to be the occupant of the said premises and the true owner of the business there carried on. No. 7 of 1897, s. 44. persons 20. No license shall be granted to any person declared in Disqualified pursuance of this Ordinance to be a disqualified person during Ineligible the continuance of such disqualification; any license issued to a person so disqualified shall be void. No. 7 of 1897, s. 34. or inspector 21. No license shall be granted under the provisions of this Commissioner Ordinance to or for the benefit of any person who is a license cannot obtain commissioner or license inspector and any license so issued license shall be void. No. 7 of 1897, s. 35. owned by 22. No license shall be issued under the provisions of this Premises Ordinance for premises within any district of which a member commissioner of the board or the inspector of such district is the owner. No. or inspector 7 of 1897, s. 36. not licensed License to married woman Hotel accommodation Separate public sitting room Hotel to be 23. No license shall be granted to any married woman unless she be the owner or tenant in her own right of the premises for which the license is sought and she shall satisfy the board that the business to be carried on is for her own use and benefit irrespective of her husband. No. 7 of 1897, s. 30 (3). ACCOMMODATION REQUIRED IN LICENSED HOTELS. 24. Every hotel authorised to be licensed under the provisions of this Ordinance shall contain in addition to what may be needed for the use of the family and servant or servants of the hotel keeper, in incorporated cities or towns not less than ten bedrooms, in villages not less than seven bedrooms and in other places not less than four bedrooms together with, in every case, a suitable complement of bedding and furniture; and (except in incorporated cities, towns and villages) there shall also be attached to the said hotel proper stabling for at least six horses besides the hotel keeper's own. (2) Every licensed hotel shall have a public sitting room separate and distinct from the bar room. (3) Every licensed hotel shall be shown to the satisfaction well appointed of the commissioners to be well appointed and with sufficient appliances for serving meals daily to travellers. Meals Privy Licenses, how issued Meetings of board Board may adjourn meeting Board may adjourn meeting if quorum not present Application for licenses (4) Every licensed hotel shall be provided with a suitable privy which shall at all times be kept properly cleaned and ventilated. No. 7 of 1897, s. 29. APPLICATIONS FOR LICENSE. 25. Every license shall be issued upon the recommendation of the board except as herein provided. No. 7 of 1897, s. 10. 26. The board shall sit during the month of May in each year at such place and at such date as may be arranged and notified to them by the chief inspector to receive and dispose of applications for license and to hear and decide protests. No. 7 of 1897, s. 11. 27. At such meeting the board may adjourn the hearing of any application or any protest to any other place and time if they see fit and as far as possible protests shall be tried in the locality in which application for license is made. (2) The board may be called together at any time by the chief inspector and the board may meet at any time of their own motion. (3) If from any cause a quorum of the board fails to be present on the day fixed for the meeting or at any adjournment of a meeting the said meeting or adjourned meeting shall stand adjourned from day to day until a quorum shall be present to hold such meeting. No. 7 of 1897, s. 12. 28. Every application for a license shall be by petition (in form A appended hereto) and such application and also recommendation (in form B) and the affidavits (in forms C and D) shall be sent to the Territorial treasurer along with the sum of $10 so that it may reach him on or before the first day of April. On receipt of the same it shall be the duty of the Territorial treasurer to sign a receipt in duplicate for such sum of $10 and to send one thereof to the applicant and the other together with such application and recommendation to the chief inspector. (2) The recommendation (form B) shall not be required in the case of any application for a license in an incorporated city or town. No. 7 of 1897, s. 13. ment of applications 29. As soon as possible after the first day of April the chief Advertise inspector shall advertise by one insertion in a newspaper in each locality for which applications (accompanied by said receipt and recommendation where required) have been received by him or as near such locality as possible, a list of all such applications received for such locality showing the name of each applicant, description of license applied for and the place described with sufficient certainty together with a notice of the time and place of the meeting of the board to be held to consider such applications; at least twenty-four days shall intervene between the publication of the advertisement and the date of such meeting; and a notice containing similar information shall be fixed to the outer door of the building where the board is to sit, and be sent to the postmaster nearest to the proposed license premises to be posted up in the post office; and the chief inspector shall also send to an inspector a list of all applications made in his district; upon receiving such list such inspector shall inspect the premises of each applicant named and make the report provided for in this Ordinance. Such inspector shall produce such reports at the then next meeting of the board in the district. No. 7 of 1897, s. 14. sent inspector 30. The chief inspector shall attach all the papers relating Papers to be to each application together and transmit them together with it to district a statement shewing all convictions under this Ordinance against any applicant, to the inspector of the district who shall produce them at the meeting of the board. (2) All papers connected with applications or protests while Papers open in the hands either of the chief or district inspector shall be open to the inspection of the public. No. 7 of 1897, s. 15. to public inspection return papers 31. After the meeting of the board the inspector shall re- Inspector to turn the said papers to the chief inspector with a certificate re signed by at least the majority of the commissioners present inspector at the meeting showing whether the license is recommended or certificate not and if not recommended stating the reasons. No. 7 of 1897, s. 16. with board's inspector to 32. Upon receipt of the papers and certificates the chief Chief inspector shall notify each successful applicant that he is re-s quired to send to the Territorial treasurer on or before the successful fifteenth day of June applicant |