Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1857-05-01
BURLINGTON :
FRIDAY MORNING, MAY l, 1857
New York License Law


comes, in large proportion, from New York
State. Troy alone sends quantities of the
cheapest aud worst description of intoxcat-
ing fluids this way, and in this vicinity the
ready communication between the two sides
Of the Lake, by ice in Winter and water in
Summer, afford opportunities for the easy
procurement of liquors in large OF small
quantities, which are very freely improved,
ne our citizens have often had occasion to
see. The thorough enforcement of a good
prohibitory law in New York State would
have undoubtedly have rendered the restric-
ton of the sale of liquor much easier
matter in Vermont, But the prohibitory
law OK New York, though adopted and APP
proved by q very large majority of the citi-
zens of that State, has never been thoroughly
enforced. 1t is now done away, and tho
experiment Of license system is to be
tried
by the new law Board of three Commits
sioncrs of Excise is to be appointed by the
County Judge and two justices Of each
county, which commissioners hold their
Offices for the terms Of two, four and SIX
years respectively. These commissioners
are allowed to grant licenses of two classes:
Ist, licenses to keepers Of inns, tavsrns, or
hotels, being persons resident in the town
or city where such houses dre to be kept,
who shall be authorized to sell strong and
spirituous liquors and wines to be drunk
in their respective houses and ID, to store
keepers, who shall be such residents, who
shall be authorized to sell such liquors and
wines in quantities less than five gallons,
not to be drunk on their respective premis-
es. For these licenses the commissioners
shall require fee to be paid in towns and
Incorporated villages of not less than $50.
nor more than 500 and in cities ofnot less
than $50, nor more than $3.50 No person
or firm to be allowed to sell at more than
one place. The licenses to be in force, I'M
less revoked for one year. No fees to be
paid to any Of the commissioners or to the
clerk. The whole amount of excise money
Is to be paid over to the County Treasur-
ers, for the use Of the poor of their respect
i've counties
No lcence for the sale of ppirituous IL
4nors and wines, to be drunk on the pre-
misses, is to be granted to any person, un-
less he proposes to keep an inn or hotel
nor unless the commissioners are satisfied
that he is of good moral character, and has
sufficient ability to keep such inn or hotel,
and to furnish the necessary accommodations
to entertain travellers and and also that an
Inn or hotel is required for the actual ac-
commodation of travellers in the place
where 1t is proposed to be kept, Such
licenses are to be granted only on the fol-
loving additional conditions -
No such license shall be granted except |
on the petition of not less than twenty res
pectable treeholders of this State, residing
in the election district where such inn,
tavern or hotel is proposed to be kept, by
them duly signed and verified by the oath
OF a subscribing witness, and not then un-
less in the opinion of the commissioners
such inn, tavern or hotel is necessary or
proper and not more than one license shall
be granted on the memorial Of the same
petitioners, or any of them all petitions
shall be filed with the County Clerk within |
eight days And in case the Commissioners |
shall grant any license contrary to the pro-
visions Of this act they shall be deemed
guilty Of q misdemeanor.
The applicant is required to give bonds in
the penal sum of $3.50, that his inn shall
not be disorderly, and that no gambling
shall be allowed in it or on the premises.
Certain conditions are also imposed on the |
issue of licenses for the sale of liquors not
to be drunk on the premises They are to
be granted only to persons of good moral |
character, and on the giving Of bond with |
sureties in the penal sum Of $500, condi- !
toned that no spirituous liquors nor wines
shall be sold to be drunk on the premises,
or on any premises adjoining, &c. In ad- !
dition to these provisions there are many
other prohibitory enactments to the extent
Of more than twenty additional sections. |
Among these, one imposing penalty of |
so for the sale Of any strong or spirituous
liquors or wines Of less quantity than
five gallons, by person not licensed-also |
like penalty for the sale by any person
not licensed as an inn-keeper or hotel keep
er, to be drunk in the house or shop, or any
Clubhouse, yard or garden pertaining there
to also for the sale Of liquors by tavern
keepers and others, to apprentices or Indi-
ans, or to minors under Il years of age
1t would seem that license is not abso-
lutely necessary to warrant the selling of
liquors in larger quantities than five gallons.
In other words the wholesale trade in liq-
uors seems to be left entirely free.
1t is also made the duty of certain off.
GERS to enforce the execution of the law,
and prosecute breaches Of it, and to arrest
persons found in a public place intoxicated,
who are to be shut up till sober and then
examined by Magistrate to ascertain the
person who sold the liquor Intoxica-
ton is declared to be an oGense, and is pun
ishable by fine Of ten dollars and costs and
imprisonment in the County Jail work house
or penitentiary until paid, not, however, to
exceed ten days. 1t shall be the duty of the
officers to arrest, or cause to be arrested all
such persons when so intoxicated, and of |
the magistrate to entertain such complaints
and make such examination, under the pen
atty Of fifty dollars with full costs of suit,
for any neglect to comply with the proyi-
sions Of this section
The sale OF giving of intoxicating liquors
to person intoxicated is prohibited, under
penalty Of ten to twenty-f dollars Mag |
istrates and overseers of the poor on com
plant ola wife, with satisfactory proof
that her husband is habitual drinker of
Intoxicating liquors, are required to give
notice to the dealers in such liquors forbid.
ding the sale to such husbands for the term
of six months, under penalty Of fifty dol