The New York herald., 1870-02-03

the further provision hereof, have power to grant
noenses 70 anv person OF good mora character, iof
one year from the time the same sail be granted, 70
receiving license Fee which shall DO not less t6sn
axei and graduated 70 applicants IN she discreaos
SEC lod such licenses shall oniy be granted upon
written application 70 the said board signed by sno
applicant, specify ing the place for WIN iioense v
resled or intended TO bo interested In The business
Tor which the license snail he used.
the form Of written or prlntsc cerlircsie stas.nS
the name OF the person or persons. and the place
licensed, and snail be signed and attssted % IN such
posted by the person or persons licensed In CON-
spicuous position In the room or place where the
sales are to be made and shal De exhiDlted on 0e-
mand at oil times by the person or persons so
licensed. ana BY OIL persons acling under such
on demand sucn certificate shall oe presumptive ev
deace that any person or persons 80 oitattiaS %
DISPLAY and exhibit the same mas ana nave NO
SEC, lOS. Persons not licensed may keep and setl
and dispose OF liquor In quantities not less tran i've
gallons at time. provided that no part tnereOf sha
be drunk used In the 0uiioing, or on the premi-
ses, or IN any building, yard garden or inclosure
communicating with, or in any pubic stree or piacS
be Kept, solo or disposed OF.
SRC. iOO rhe said Board Of Excise shall keep .
complete record 0l the names OF all persons licensed
~ herein above provided, witl statement OF tho
eacn case which record they shall all times per-
NIT 70 be publicly examined As its ONCE.
SEC. 1lO. Persons Licensed AS herein provided shall
prevent 20 far az ls ia Insir power (9nd shall u all
events give immediate notice 10 che nearest police
man ssih al and every disturbance s d,.order Or
licensed. anu snail thereup0n forthwith cause ~
persons to 90 removed thereirOm. and the place -
be closed and kept closed until quiet snail 90 70.
stored.
SEc Ill. No person shall sell, give. or dispose Of
any liquor TO any apprentice or minor under egn-
teen knowing or having probable cause TO be,levo
hun 10 be such, Without the CONSENT III tue case VI
apprentice, OF his naSler or MISTRESS or In the
case OF minor under eighteen, OF his parent or
guardian.
Shall At ali times Keep the places for winch they are
30 licensed orderly and queI. and ar nign between
the hours OF one O'Clock A. NJ. and tour o'clock A. M.
ana on Sundays and election days closed. Nothing
herein contained Shall DO construed to prevent
hotels or steamboats, from receiving and 0taefwse
entertaining The travelling puDnc upon Sundays,
In the mode xusuai tnere.n on all other days.
And nothing in article contained snal ever 10
able inuress ana egress 20 and from premises
SO herein ordered TO be closed at night or ON
Sundays, upon inca premises the occupant thereof
resides And nolning In this artlcs contained shall
be construed as to restrict the proprietor Or
Keeper OF gardens in which lager beer sal be keps
from selling lager beer, wnen sucn garden situ-
ated at least quarter OF mile from any place OF
public worship ana tae keeper thereof has been
SEC ils Whenever the party so licensed shall
sell and transfer the business ana premises for
license may be assigned to surh purchaser; pro-
vIded purchaser shall be approved by board
Sec 1l4s The moneys received for license fees,
and the fines provided for by this article shall be-
w'tnn five days after the receipt thereof paid into
centage noG exceeding n.tecn per cent, which shaR
be distributed IN the discretion OF the board as saae
O Its members and III paymenG Of the necessary
clerk nre, expenses and disbursements OF said
board.
SEC. IFS. ANY person within the city OF
New York who pursues the usual business
Of selling liquor. IN Quantities Of ess than
omit 70 procure In his said business license sc-
cording 10 the provisions OF thus act, SHAH become
liable TO pay penalty Of ave dollars for each and
| enforced by the Boiri II EXCISE whose duty is
! shall be to nle an Information or to sue for said
penalty In the hame OF the people before the mayor
judge court or justice having jurisdiction OF tho
amount claimed. Tne complains or informa-
nature Of civil acton, but without jury and in
preference 10 all Orner Then matters pending before
the said officer he same NAV be defended by answer
forthwith, after OF the comp,alns lalor-
nation. In case or judgment being gwen against
ton shall forthwith issue against his property. re-
turnabie within twenty days anu on return OF sacn
execution unsasled al an .ss execution shall ~ issue
prlsoned for period OF SIX Gays or until sich judg.
mens be paid.
SEC. li6. Any licensed person who shall neglect
refuse to keep his place closed at nRns as provided
tor herein, on sundays or election days. shall for
fei Tor tie first offence the twenty dol
lars for the second offence the sum Of fifty dollars,
and. for every succeeding 0nence the SUN OF $i00.
Complaint for such ofence may be made By any per-
to the Board OF Excise, whose duty 1t shall Dc
Immediately to proceed to the collection OF SAID
penalties In the manner specified the preceding
secuon. and enforce any Judgment rendered, as IN
| said section mentioned. It shall be the especial
duty OF the police TO complain 60 the Board or Ex-
else OF every person amenabie to the penalties
aforesaid. And whenever any MEMBER or the police
force snail ind licensed asAforcsaied ne
gectlng to post his license required by TINS act
not keeping his place closed at night or Sum-
days OF election days, 1t shall be his duty to inform
such person OF such omission or commission, and II
ne persists IN SO Omltting or com nttinG then, a.
soon as possible TO MAKE the proper complaint to
| the Board OF Excise.
SEC. III. Breaches OF the peace, offences and acts
OF dIsorderly persons, dlsorjerly conduct
ring within places wherein liquor Is sold snail be 0y
judges, courts OF law and jureS strictly construed
and presumed against the person 50 Ofending.
SEC. l18. The word liquor In this aruce shall EN-.
brace all strong spurious and intoxicating liquors.
wines, ales matt beer and lager beer.
ARTICLE THIRTEENTH.
or the Department Of Public Parks.