Applications (a) Where the premises to be licensed are within an incorporated city or town which has provided by bylaw for the payment of a municipal license fee under subsection 2 of section 46 hereof, a certificate which shall be furnished free of charge from the municipal clerk or treasurer of the payment of such fee; (b) The amount of the Territorial license fee together with five per cent. thereof in addition as a prosecution fund. (2) Upon receipt of said moneys and certificate (where required) the Territorial treasurer shall sign a receipt in duplicate for the same, one of which he shall transmit to the applicant and the other along with the certificate (where required) to the chief inspector who shall thereupon send to such applicant a license in form F appended hereto. No. 7 of 1897, s. 17. 33. Any person desiring to obtain a license at any other at other times time than as above provided may send to the Territorial treasurer his application and $10 as above provided; the chief inspector upon receipt of the application and the Territorial treasurer's receipt shall calculate the amount of the Territorial license fee and the expense of calling the board together and of advertising and shall notify the applicant that his application will not be considered until the amount so estimated for the expense of calling the board together and of advertising has been received by the Territorial treasurer; upon receipt of such amount by the Territorial treasurer the chief inspector shall arrange for the advertising of the application, the inspection of the premises and the calling together of the board at as early a day as possible to deal with the application-provided that in case more than one application is made at the same time to the same board the expense shall be divided pro rata among the applicants but no license shall be granted to any person under the provisions of this section whose application for a license under section 28 hereof has been rejected. No. 7 of 1897, s. 18. Application for renewal 34. Any existing licensee may apply for the renewal of his of license for license for the same premises for another term in which case the recommendation in form B shall not be required unless since obtaining such recommendation he has been convicted of an offence under this Ordinance. No. 7 of 1897, s. 19. same premises Fees to be paid into general to 35. All license moneys and fees payable under this Ordinance shall be paid to the Territorial treasurer and shall go revenue fund the general revenue fund. Amount estimated for held in trust (2) The amount estimated by the chief inspector for the exexpenses to be pense of calling the board together and of advertising in section 33 hereof referred to, shall be retained in trust until the actual expenses incurred are ascertained, when the amount of such actual expenses shall be paid into the general revenue fund and the balance if any shall be refunded to the applicant. No. 7 of 1897, s. 20. 36. Any seven or more out of the twenty householders re- Protests siding nearest to the premises for which a license is required may by petition in form G appended to this Ordinance object to the granting of such license and the objections which may be taken to the granting of a license may be one or more of the following: (a) That the applicant is of bad fame and character or of Bad fame drunken habits or has previously forfeited license; or of repair (b) That the premises in question are out of repair or have Premises out not the accommodation required by law or reasonable accommodation if the premises be not subject to the said requirements; or (c) That the licensing thereof is not required in the neigh- Not required be sent to treasurer (2) The petition shall be transmitted to the Territorial treas- Petition to urer accompanied with $10 in time for its receipt by him not Territorial less than ten days before the then next sitting of the board; on receipt thereof the Territorial treasurer shall acknowledge the same in writing to the person from whom he received it; he shall indorse on the back of the petition the date he received the same with the money aforesaid and forward the said petition to the chief inspector who forthwith shall transmit it to the inspector for production at the said sitting of the board. held in trust (3) The said sum of $10 shall be held in trust and in case Protest fee the protest is successful shall be returned to the person whose name is first upon the petition. In case the protest is not successful the said sum of $10 shall be paid into the general revenue fund. Returned if successful fixed for trial (4) The board shall fix a day and place specially for the trial Day to be of the protests giving each party reasonable notice thereof. decison (5) The board shall give a written decision stating which if Written any of the objections stated in the protest are sustained or not as the case may be. (6) Such petition must be signed within the period of sixty Petition to be signed days immediately prior to the day it is so received by the within 60 treasurer and the justice or commissioner before whom the days prior same is signed shall certify the date upon which each person signs such petition. No. 7 of 1897, s. 21. to receipt mendation 37. A license shall not be granted to any person to sell in- Where recomtoxicating liquors outside of incorporated cities or towns who not required has not first obtained the recommendation in writing in form B. dation to be 60 (2) Such recommendation must be signed within the period Recommen of sixty days immediately prior to the day it is so received by signed within the Territorial treasurer and the justice, notary or commissioner todays prior before whom the same is signed shall certify the date upon which each person signs such recommendation. to receipt Number of licenses limited Recommen dation to state distances Hearing applications (3) In incorporated cities, towns and villages when the population does not exceed five hundred, not more than two hotel licenses shall be granted; in incorporated cities and towns where the population exceeds five hundred and does not exceed one thousand, not more than three hotel licenses shall be granted; and not more than one additional license shall be granted for each additional full five hundred of population over one thousand. No. 7 of 1897, s. 22. 38. Every recommendation and protest (forms B and G) having reference to the granting of a license shall have in addition to each signature thereon a statement of the approximate distance from the premises to which such petition refers of the residence of each person signing the same. No. 7 of 1897, s. 23. 39. Every application for a license and all protests if any and protests against every such application shall be heard and determined by the board in a summary manner. Open to public Adjournment Powers of board Inspector's reports on applications for hotel licenses (2) Every such hearing of an application or protest shall be open to the public and every applicant for a license shall attend personally at such hearing unless hindered by sickness or infirmity and the board may summon and examine on oath such witnesses as they may think necessary and as nearly as may be in the manner directed by any Act now or hereafter in force relating to the duties of justices in relation to summary convictions and orders and any one member of the board may administer such oath. (3) Every such hearing may at the discretion of the board be adjourned from time to time. (4) At all hearings under this Ordinance the individuals composing the board shall have the same powers as justices of the peace. No. 7 of 1897, s. 24. 40. On every application for a license except for a wholesale license the inspector shall report in writing to the board and such report shall contain 1. A description of the house, premises and furniture ; 2. If the application be by a person who held a license for the same premises during the preceding year a statement as to the manner in which the house has been conducted during the existence of the previous license; 3. A statement of the number, position and distance from the house in respect of which a license is applied for, of the licensed houses in the neighborhood; + A statement whether the applicant is a fit and proper person to have a license and is known to be of good character. and repute: 5. A statement whether the premises sought to be licensed are or are not in his opinion required for public convenience; 6. A statement whether the applicant is or is not the true owner of the business of the hotel proposed to be licensed. 7. A statement whether the persons signing the recommendation (form B) are in the opinion of the inspector ten out of the twenty householders nearest to the building in which the business proposed to be licensed is to be carried on. No. 7 of 1897, s. 25. 41. In every application for a wholesale license the inspec- Inspector's tor shall report to the board in writing and such report shall report on contain 1 A description of the house and outbuildings with the number of the lot or section they are comprised within; 2. If the applicant be a person who held a license in the same district during the preceding year a statement as to the manner in which the business was conducted during the existence of the previous license; 3. A statement showing (a) Whether the applicant is or is not a fit and proper (b) Whether the business sought to be licensed is or is not (c) Whether the applicant is or is not the true owner of (d) Whether the persons signing the recommendation applications for wholesale licenses 42. The report of the inspector shall be for the information Discretion of the board who shall nevertheless exercise their own discre- of board tion on each application. No. 7 of 1897, s. 28. HEARING AND DETERMINING APPLICATIONS. board 43. The board having ascertained that the requirements of Duties of this Ordinance as to the application and the report of the inspector have been complied with, but not otherwise, shall hear the application. (2) The board shall hear and determine all protests and ob- Hearing and jections which may be made against applications on evidence determining as shall seem to them sufficient. protests protest may (3) Any person who is qualified to protest and has signed a Persons formal protest in form G hereto appended against the granting signing of a license may be heard in relation thereto in person or by be heard attorney or agent. (4) The council of any municipality may authorise any per- Municipal in a similar manner on behalf of the ratepayers be represented appear of such municipality as to the granting of a license and such person so authorised shall have a right to be heard before the board against the granting of such license. son to council may Notice of objections to character Objection from inspector to be stated in report Board may any objection Applicant to be notified (5) No objection in respect of the character of any applicant shall be entertained unless three days' written notice has been given to the applicant and no protest need be noticed if not made in accordance with this Ordinance. (6) No objection from an inspector shall be entertained unless the nature of the objection shall have been stated in the report furnished to the board. (7) Notwithstanding anything in this Ordinance contained take notice of the board may of its own motion whether a protest has been filed or not take notice of any matter or thing which in their opinion would be an objection to the granting of a license. In any such case the board shall notify the applicant and shall adjourn the hearing of the application if requested by him for any period not exceeding fourteen days and not less than seven days or any time fixed with the consent of the applicant in order that any person affected by the objection may have an opportunity of answering the same. Inspector's dispensed with (8) Where the applicant for a hotel license resides in a rereport may be mote part of the district or when for any other reason the board sees fit they may dispense with the report of the inspector and act upon such information as may satisfy them in the premises. No. 7 of 1897, s. 31. Decision of board final rehearing 44. The decision of the board when once announced by the chairman shall not be questioned or reconsidered: provided Provision for nevertheless that in cases where the person or persons affected by such decision petition the board and allege facts and grounds for their consideration not formerly before them or in cases in which the board have not been unanimous the board may by resolution in which all the members concur decide to rehear the case. When a rehearing is allowed notice thereof shall be given by the inspector to the applicant and to at least one of the petitioners or his agent. No. 7 of 1897, s. 32. Applicant refused on ground that he is not fit person License fee 45. If an applicant for a license has at any time been refused a license on the ground that he is not a fit person to hold a license no application by such applicant if opposed shall be entertained by any board within a period of two years of the last of such refusals. No. 7 of 1897, s. 33. LICENSE FEES. 46. Every person to whom a license to sell intoxicating liquor shall hereafter be granted shall before receiving such license be required to pay as a fee for such license in addition to any fee required to be paid to the incorporated city or town in which such license has been or is required to be granted, the following duties that is to say: 1. For each hotel license, the sum of $200; 2. For each wholesale license, the sum of $200 : Provided that in the case of bottling works where ale or lager beer only is bottled the fee shall be one-half of the fees payable for the wholesale license. |