Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1871-02-23
NO. ID.

houses" within the meaning an
intent Of the Legislature.
Can such be said to have beer
their intenGon2 We thinknot 70
/ the reason that thesale Of beer, ale
or porter, or wine, manufacture,
from grapes grown in Obio,--evei
TO be drank at the place where sold
is not unlawful.
The Legislature have seen proper
to declare that the sale of int01ica
ting liquors to be drank at the place
where sold, no matter what the
name or character of the place.
whether tavern, store, grocery, eat
ting house, restaurant or cellar,
shall constitute such place nui-
sance, and render it liable to be clos
ed or abated but it has been care
ful also, further to declare, in the
same act, that the sale of"wine
manufactured Of The pure juice Of
the grapes cultivated within the
State Of ohio, or beer, ale or
cider" shall not be deemed a VIC
lation of such act, or subject such
places to the penalties of its pro
visions.
BY reference to the act OF May
l, 1854, as amended by the act Of
April, 5, 1859, rs & C 1433. the
sales of these articles are expressly
exempted from the operation of the
statute.
The Legislature having made
such exemption, a municiple corpor-
alton, cannot by ordinance declare
such houses auisances for the often.
ses Of selling the articles thus ex-
empted, because this would be in
conflict or cortravention ofthe gen
eral law ofthe State. But it should
be said that under the power dele
gated by the act Of 1869 they have
tine power by ordinance to suppress
or prohibit beer ale or porter
houses, and ordinance to that effect,
such as this is, is not in contraven.
tion OF the general law Of the State
on that subject.
Now it being admitted that the
sale of beer, ale and porter, by re.
tail, is HOtunlawfuI but the houses
in which it is sold may become SO,
when can it be said that house
can properly be deHominated
beer, ale or porter house within the
meaning of the act or ordinance in
question.
The sale of beer, ale or porter at
a tavern as | have before observed,
does not, of itself constitute such
tavern an ale, beer or porter-house.
We understand the primary and
chief objects of a tavern to be the
accommodation of travellers and
guests with board and lodging for
fee or reward. It's chief capital is
TO be employed in, and its chief
profits are expected to be derived |
from altogether a different objects
than that of the sale of beer, ale or
porter. The sale of those is merely
Incidental to the main business, and |
where such is the case such sale is
not unlawful and such tavern is not
obnoxious to the statute State and
he ordinance in question. The
same may be said of a store, grocery |
lpothecary shop, eating house, res
aurant, confectionery cellar. The
primary object or purposes Of such |
places is not usually understood to
De for the sale of beer, ale or por-
er. These articles. it is true, are
sold at such places, but
when sold, such sales are merely |
Incidental to the main business
md ifincidental, they are not un-
awful, and obnoxious to the ordi-
,once- -becanse nermitted bv tba
= a. ~ WV
5eneIal Id" ol Tile otate.
Taking the provisions of our
state constitution and the general
avs Of the State passed pursuant
heleUo' VoSetl,el WIN Uuc oIui'
rance in question and constituting
hem together this view of the ques-
ion seems to me the most rational /
,l ;,ot
wa just :,
IN prosecuIlon' thereiore, l1 under TINS ana
ages, the inquiry will be as to the character
! !. the ~ pace wnere tne - article Is sold. Is
,eer, Nle or por,er, "nd are the sales ofotb. !
r articles incidental to the main business
ris the keeping Of a tavern, eatinIg-house'