The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1876-09-15
THE RETAILING sPIRITUoUs Ii
OUORS,

As there seems to be difference of opinion
in relation to the effect of the Act Of the last
Legislature upon the power of the city atthor-
, ties of Marietta 10 grant, or refuse license, to
Retail Liquors within the corporate limits Of
said city we publish by request, and for the
benefit of our readers the 18th Section OF the
Charter of said City, and also The Act OF the
last Legislature, 80 that all may read, construe
aud Judge for themselves.
The 18th Section of Article Incorporating said
City, reads as follows kt..tss.. &
BE- il enacted, etc.: t"That the Mayor and
City Council shall have power TO license per
sons 10 retail and sell by retail. spirituous liqu
ors within said City. and that no person or per-
sons >hall sell by retail. any spirituous liquors
within said corporation without first obtaining
such license, for which he or they shall pay
sum Of not less than fifty dollars, which tax
shall be paid into the City Treasury, and APP
propriated TO the use of the City of Marietta"
The Act of the Legislature referred to, reads
as follows NJ 80
Whereas, the sale of spilitanas aud all in
toxicatihg liquors IRE prohibited by law in sew
era portions of the county of Cobb and where
az, a large portion OF the citizens OF said county
have petitioned the General Assembly to pro-
hibt, by law, such traffic throughout the cOun.
ty therefore,
SIC L. Be it enacted, etc, That from and
after the first day OF April next, it shall not be
lawful for any person or persons, to sell, barter
otherwise dispose of any spirituous or intoXi-
eating liquors OF any kiud whatever, for val
liable consideration, unless advised by prac-
ticing physician or for sacramento purposes,
within that portion of said couifly of Cobb, net
inclu,led in the districts and localities which are
already provided for, by law, in Quantities ess
than one gallon, and any person selling one or
more, and allowing the same to be drank at the
place where sold shall be guilty OF violation
Of this section, except as hereinafter provided
SEC. ? BE it further enacted, That i; shall
be the duty of the Ordinary, upon the appIica-
ton by petition of twenty flour treehoders, cit
zens OF that portion Of said county OF Cobb, not
included in the districts aud localities hereto
fore provided for by law, to submit the question
of restriction or no Restriction to The qualified
voters thereof aud ii it should be determined by
a majority of such legal voters in favor of res
friction, then no license shall issue authorizing
the sale of spirituous intoxicating liquors III
quantities less than gallon within the limits
Of said county as aforesaid aud ifit should be
determined against restriction, then and i'll that |
case the Ordinary or other officer authorized by
law, may issue license 10 retail spirituous IL
quors as heretofore provides, by law, on the APP
pcant paying into the county treasury the sum
of fifty dollars.
SEC. 3. BE it further enacted That it shall |
be the duty OF the Ordinary. upon the reception |
of the petition of twenty-four freehoders as
hereinbetore stated, together with sufficient |
amount of voters to dsfray the expenses of sub
hitting the question to the voters aforesaid, |
10 order an election to be held at the several |
places of holding elections in that portion of
said county to be affected by this Act, giving !
notice thereof not less than twenty nor more
than forty days, which election shall be hello as
now provided by law, at which two lists shall |
be kept-one of which shall be returned to the
office of the Ordinary, and the other to the Clerk
of the Superior Court on the day after the eec-
ton and it shall be the duty of the Ordinary
to publish the result Of said election in the Ma
rietta JOURNAL.
SEC. 4. Be it further enacted, That this Act !
shall not apply to such portions of said county
as are already provided for.
SEC. 3. Be it further enacted, That any per-
son or persons violating the provisions Of this
Act, shall be guilty of misdemeanor and, on
thereof shall be punished as pres
cribed ia section 43l0 of the Code of 1873.
SEC. g. Repeats conflicting laws. 81
Approved February 18th, 1576,