The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1858-05-07


except brewers and distillers, NAV hereafter
sell any Of them which they may be licensed
10 sell, in any quantity not less than one quart;
and licensed brewers and distillrries may here
after sell such liquors as they are licensed to
manufacture and sell in any quantity not less
than one gallon Proyifcd, That this act shall
not be construed 10 prevent brewer other
wise qualified from receiving retail license,
in addition TO his license as brewer, and under
the same provisions as in the case of eating
honses
SEC. 6. That licenses to vend the liquors
aforesaid, or any Of them, shall be granted TO
the citzrns of the Cniied States, Of temperate
habits and good moral character, whenever the
requirements ofthe laws on the subjrct are com
piled with BY any such applicant, aad shall au-
thorize the applicant TO sell the liquors aforesaid
for one entire year from the date OF his license
Prorided. That nothing herein contained shall
prohibit The court, board Of iicensers or commis-
Sioners, from hearing other evidence than that
presented by the applicant for license: Prorided
FURTHER, That after hearing evidence as atore-
said, the Court, Board Of lIcensPrs or Commits
siontrs, shall grant or refuse license 10 such
applicant in accordance with the evidence .7ad
procjded further, That ifany person or persons
shall neglect or refuse TO lit his, her or their
license within fifteen DAYS after the same has
been granird, such neglect or refusal shall be
deemed forfeiture of said license, and such
person or persons selling yinous, spirituous or
matt liquors after the expiration of the fifteen
DAYS, as aforesaid, shall be liable to prosecution
and conviction in the proper court, as foil Y ard
rffrctualv if no license had been granted 10
such person or persons.
SEC. 7. That no License to vend the liquors
aforesaid, granted under this or any Other law
Of this Commonwealth, shall be transferable, or
confer any right to sell the same in any other
house than is mentioned therein, nor shall any
bar or place where such liquor is sold by less
measure than one quart, be underlrt by the per-
son licensed 10 sell thereat but fthe person IL
censPd shall die, remove or cease to keep such
house, his her, or their license may be transfer
red by the authority granting the same, or IL
cense be granted the successor of such party for
the remainder oI the year, by the proper author
Ity, or compliance with the acquisitions of the
laws IN all respects except publication, which
shall not in such case be required PropiieI,
That where any lfcnnse is transferred as atore-
said no payment, other than fees, shall b. re-
quired: and where license is granted under
this section, for portion Of year, the party
licensed shall pay therefor sum proPortionatr
TO the unexpired term for which the same is
granted.
SEC. s. That manufacturers and producers
Of cider and domestic wines and bottles of cider,
perry ale, porter or beer, not otherwise engaged
in the sale Of Intoxicating liquors, nor IN Keep
Ing any tavern. oyster house or cellar, reStdu-
rant or place OF amusement, entertainment or
rplrpShment, shall be allowed 10 sell the same
by the botile, or domestic wines and cider by
the gallon " ithout taking out license: Proriied,
That such Iiquor is not drank upon the premises
where sold, nor at any place provided by such
sellers for that purpose.
SEC. 9. That license 10 sell domestic wines,
malt or brewed liquors, may hereafter be gran
ted to the keeper Of any beer house, theatre or
other place OF amusement, otherwise qualified
to receive the same ProUided, That the use of
a room or rooms in hotel, as concert room or
theatre, shall not preclude the proprietor there
Of from receiving hotel license ifhe shall have
and keep the accommodation for hotel, rpqni-
red by the act of march 81, 1886 .4ad pyori-
ded further, That The preceding provisions
shall not apply 10 the cities Of Philadelphia or
Pitlsburg.
SEC. 10. That the petition Of an applicant
for eating house or retail brewery license need
not hereafter embrace the ceriific ate ofCiiZens,
required by the eighth section OF an act to rrgu-
late the sale of Intoxicating liquors, approved
March thirly-6rst, Ammo DomIui one thousand
eight hundred and itty-six, nor shall publication
of such applications BE- hereafter requlred but
such applications shall be filed with the clerk
of The court of quarter sessions of the proper
county, except in the county of Allegheny, and
the licenses rayed for, granted by the county
treasurer, and The bond now required in such
cases shall be first approved by thr district at
torney and county treasurer and their approval
endorsed thereon.
SEC. II. That any unlawful sale Of vinous,
malt or brewed liquors or any adnixtures there
OF, or any sale thereof in an impure, vitiatrd or
aduItrrated state, shall BE- deemed ami>demean-
or. and upon conviction thereof the offender
shall pay fine of not less than ten nor more
than one hundred dollars, with the cost Of prose-
cuiion. and upon a second or any subsequent
conviction, shall pay a fine of not less than
one hundred dollars, with the costs OF prosecu-
ton and in case Of a second or subsequent
conviction, the court may in lis discretion, SEN
tence the offender 10 Imprisonment not eXCee-
ding three calender months and IN case any
such offender convicted Of a second or subse-
auent offence is licensed to sell any such liquor
such license shall be deemed forfeited and void,
and no person convicted OF second or subse-
qupnt offence shall be again licensed for two
wears thereafter Prouided, That this section
shall not be construed to repeal any act or
part ofan act furnishing such unlawful sale.
except the twenty-eighh section Of an act to
regulate the sale of Intoxicating liquors, apPro-
we'd March thirty-frst Ammo Domin one thou
sand eight hundred and fitty-six, which is here
by repealed.
Ssc H. That no prosecutor or informer IN
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