The New York herald., 1877-01-05
The Bill to Reorganize the
Excise Board.
ALL POWER VESTED IN THE CITY
No Beer Within a Quarter Of a Mile
of Church.
Fines To Be Enforced by I'M
prisonment.

eThmcuL OF tuls CITY VIII DC made this week, Wnen u
bill Will be presented by the New York delegation crc
atiLg new Department OF Excise and taking the con-
troll entirely away the vestine it in the
Mayor and Aldermen OF this city. Up TO 1855 all ex
else matters controlled by tho municipal author
tiles Then came the Prohibition law, which was de-
cared unconstitutional In 1857 the State Legislature
took control OF the matter and up to this day the
State Law controls tho city OF Now York The drawing
and framing OF the new bill creating a Department of
Excise ntrustcd TO Mr. A. Oakley Hail. aided by the
suggestions OF the New YORK members and the Protec
tive Liquor Dealers Association 1t will be remembered
that The latter association Joined interests with Tam
many at the late election on the express condition
that favorable to their interest should be nomi-
mated. Two objects have been Kept In in framing
this bu-one is making 1t acceptable to the country
members and the other Is the enforcement Of its pro-
visions. 1t impossible present TO enforce the law
against the liquor dealers for the that the
chnery Of the courts, by the present method s made
quae deal with the manifold The new bill
makes the Mayor and Excise Commissioners court
which has power to deal with all infractions OF tho
Excise law without jury.
AN IMPRISONMENT CLAUSE
There is another startling feature in tho bill II
fines are not paid and property cannot be found to
satisfy the the person of the dealer will be seized
imprisoned. The bill gives greater license 70
liquor dealers the Sabbath, and particularly to
steamboat and hotel proprictors.
BEER AND THE CHURCH.
The bill provides that no lager beer shall be sold on
the Sabbath within distance OF one quarter OF a milo
OF church any place OF public worship; tprohibs
the sale Of liquors to minors, and makes an entire
change tho disposal OF the moneys received and the
payment of licenses. The complete draft OF the bill
Will be found below, and 1t VIII be that it gives
the entire control of tho liquor business to tho city
Noy Var thn
tan Police act" II CLAIMED by its advocates that,
as New York city Fire Department and its
water SO it should III like manner control Its
THE BoMBsuELL ACT.
AN ACT to and regulate Department OF Excise
in the city oil New York.
The people OF the State of New York, represented in
Senate and Assembly, do enact loows:.-
SscrIos The Department OF Excise of the city Of
New York shall be Board Of Excise to consist OF three
persons, be appointed by the Mayor OF tho city Of
New York for a term OF two years
SEC 2-Fro n and after the organization Of this de-
partment person shall, In the city OF New York,
keep for sale or SELL publicly dispose Of any liquor
in quantities less than five gallons at ono timc unless
he or she may be licensed pursuant TO the provisions
Of this act
SEC 3-The said Board of Excise shall, subject to
the further provisions hereof, have power to grant
licenses any persons OF good moral character Tor
year from the time the same shall be granted. to
sell and dispose OF iiquor any named place in
quantities less than FIVE gallons at time upon rccev
ing license fee, which stall not be less than $50
than 500, to be fixed and graduated TO appli-
cants In the discretion OF the Board.
sxo. 4.--Sucn license shall only be granted on writ
ten application tho Board, signed by the applicant
specy ing the place for which such license Is asked
and the names OF every person interested In
tho business for winch the license shall be used.
SIC. 6-such license, when granted shall be in the
form OF a written or printed certificate stating the
name Of tho person or persons and tile place licensed
and shall be signed and atested such the
Board shall direct IL shall be kept posted by the per-
son persons licensed 10 u conspicuous position In
the place where tue sales are to be made and
shall ba exhibited demand at all times by the person
SO licensed and by all persons acting under
such license.
SEC 6-persons not licensed may keep and may sell
and dispose OF liquor IN quantities not less Than live
gallons ut tmc provided that part thereof shall
DO drunk in the building on the premises,
any building yard or garden or enclosure
eating with, pubic street or place contiguous
TO the building in which the same shall be kept, sold
or disposed Of
SEC. THE said Board OF EXCISE shall keep CON-
| pete record oil the oil all persons licensed a
herein provided, with a statement Of the place
licensed and license Ice imposed and paid in each case,
which record they shall at all times permit to bo
publicly examined al ITS Office.
SIC. 6--Pcrsons licensed as herein provided shall
preyen so lar as IN their power Tor shall at all events
give Immediate to the nearest policeman OIL all
every disturbance disorder or breach OF the peace
IN any place which shall be SO licensed and shall
thereupon forthwith all persons to be removed
thcerom and the place be closed and kept closed until
quiet shall be restored.
SEC 9-No person shall sell, give or dispose Of any
liquor 10 any apprentice or minor under eighteen,
knowng having probable cause to believe HIM such,
without the consent in tho case OF an apprentice, OF
his master mistress. or, IN the case Of minor
under eighteen, oil hs parent and guardian
lU-AlI persons licensed herein provided
shall al all times keep the places for which they
licensed orderly and quiet aud at night, between
hours OF one O'Clock A. NJ. and TOUR O'Clock A. NJ,
ana on sundays and election days, closed. Nothing
herein contained shall bc construed to prevent hotels
or steam boats receiving or otherwise entertain
lug the travelling public on sundays in the mode
usual therein on all other days nothing In this
tcle contained shall be construed to
ven reasonable and peaccabe egress ana lppress 10
and from premises so herein ordered to bc closed at
night on Sundays, upon which premises the occu-
pant thereof resices and nothing in this article
ha tha
or keeper o gardens in which lager beer shall be
kept from selling lager beer when such garden Is sit
uaIcd at least quarter OF mile from any place of
public worship, and the Keeper thereof has been duly
licensed
sEc ll-whenever the party licensed shall sell and
transfer the business and promises Tor which license
shall have been granted such license may be assigned
TO such purchaser provided such purchaser shall
approved by the Board as proper person to be H.
censed
SEQ IL Tho moneys received fo- license fees and
tho hucs provided by this article shall be- within
1--WE days after the receipt thereof paid INTO the city
treasury after deducIing thererom percentage not
exceeding fifteen per cent shall be distributed
in the discretion Of SAID Boaro OF is mem
bcrs and payment OF necessary clerk hire, expenses
aud disbursements OF said Board.
SEC l3.-Any person IN the city OF New York who
pursucs tho usual business OF selling liquor guam
titIcs OF less than I've gallons at time and who
omit TO procure IN his sad business license accoraing
10 provisions OF thus act snail become liable
penalty of 80 tor each and every day OF such omission
Tho penalty stall be enforced by the Board OF Excise
whose duty II shall DC 10 hc an Information or
for penalty IN the namo OF tho people before tho
Mayor judge court or justice having jurisdiction, Of
the amount claimed
SEc. Il--Ihc SAID complaint or iniorma lon shall be
heard and summary tried IN the nature of civil ac
ton, but without jury aud ~ preference 10 all
other matters thon pending before the said officer.
The may defended by answer forthwith, alter
service OF the complaint or Information. la case OF
judgment beng gwen against the party complained OF
or informed against, execution snail forthwith issue
against his property reurnable within twenty days.
ana OF such execution unsalsned an execu-
ton shall issue against his crson AID he shall there
be imprisoned ror poriod OF SIX days, or until
such judgment be paid.
SEc. l5--Any licensed person who shall neglect or
refuse Keep his place closed at night us PROVIDED
for herein Sundays or election days, shall forfeit
Tor the offence the OF So Tor the second Of
the OF $50, and for every succeeding offence
the sum OF 800 Complaint OF Such offence may be
made by any person to the Board OF Excise, whose
duty II shall be TO immediately proceed 10 the coliec-
ton OF said penalties, IN the manner specified IN the