Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1881-04-21
HOW LIQUOR SHALL BE SOLD
Full TEXT Of THE NEW hill IN
ADOPTED IND ENROLLED.

| HOW LIQUOR SHALL BE soil
FULL TEXT Or THE NEW BILL /
ADOPTED 1ND EFROLLED.
/
The Line In which all Manufac
turers- Ennkeepers and Druggist
Must walk TO Avoid Certain Var,
Unpleasant Penalties.
| Following is the full text of the he,
liquor law entitled "An Act for the Sup
preston of lntemperance, passed by TIA
late Legislature. The italics are in tn
enrolled law;
| LICENSING The HOUSE.
Be il enacted, etc. Sec. /. Hereafter II
| license shall be granted to any person t.
sell Intoxicating liquors, but they shal
| authorize sale of them to he made in SOM
house described in the petition. Th,
owner, or some one of the owners of thu
premises, (where there are more owner.
| than one) or the chief officer OF a corpor
| ate body, (where it is the owner) sllal
he the petitioner for the license, and til,
application shall be filed, recommended
presented and sworn to, as now done il
| applications for tavern license; and motto,
OF the Intended application shall be dul,
published also: the object Of this section
being to change the license from the per.
son to the house and to make the owner o
the house the applicant. Where notice
OF application has already been given
under the present law, the license to be
issued shall conform to this section.
FINES TO BE a LIEN.
Sec. 2. Judgment for fine and costs i'm
posed by the court for violation of any oi
the provisions of the law regulating the
sale of Intoxicating liquors shall be lien
or incumbrance upon the premises where
the breach of the law takes place, if the
business of selling is there carried on.
The indictment shall describe the premises
with sufficient certainty to identify the
same and shall allege that the business
OF selling intoxicating liquors is there
carried on. conviction under such in.
dictment shall be conclusive, not only Of
the sale or illegal disposal, but also OF
the place where it was made.
Iftma Jacie evidence that the
business of selling is carried on
in any house may consist of the common
or usual signs of the occupation, also OF
the fact that the seller pays tax to the
United States on the business of liquor
dealer or selling liquors.
DRUGGISTS PRIVILEGE.
Sec. 3. AT the time any vender of drugs
or occupier OF drug store applies to the
Clerk of the Peace for license, under
chapter is OF the Revised Code, he shall
make affidavit that he will not directly
or Indirectly sell more than SIS worth OF
Intoxicating liquors during the year then
next ensuing, or no license shall be
granted to him. If he violates his oath
he. shall be guilty of perjury. No such
license shall authorize the sale during
the year of more than rs gallons.
vloLAToRs MUST LEAVE.
Sec. 4. The right to sell shall pertain
to the owner of the house, where notice
OF application has been given by him
under this act, or his tenant or the
occupant thereof with such owners con-
sent. And if any tenant or occupant
shall be convicted of violating the law to
regulate the sale of Intoxicating liquors,
or this act, his right to hold the premises
shall thereupon cease, and the owner or
landlord shall have the right to regain
possession, as other Landlords have when
they have given due notice to quit. Pro-
vided, hoWecer, that such right shall not
exist if the owner or landlord have in any
way eonnived at the act of his tenant or
been privy to it.
No rIPPLlNG AT DRUG STORES.
Sec. 5.-Licens for the sale of intoxi-
eating liquors at drug stores shall, as
now, be to the person petitioning. If he
allow his store to be place for tippling,
or shall i'll any respect violate the law
regulating the sale ofintoxicating liquors,
he shall, i'll addition to the penalties now
provided by law, absolutely forfeit his
right to sell, upon conviction and
sentence; and all sales by him thereafter
made shall be deemed and taken to be
without license.
MANUFACTURERS LIABILITY.
Sec. 6.-Every manufacturer of spiritu-
Gus or alcoholic liquors for sale shall pay
to the State Treasurer, ON or before the
first day of January of each year here
after, tax of ten cents per gallon for
every gallon OF such liquors manufactured
by him during the preceding year; an
account of which, supported by the atf-
davit of such manufacturer, shall be
furnished by him to the State Treasurer
on or before the said day. If such manu-
tacturer shall not furnish such account by
the day aforesaid and pay at the same
time the said tax to the State Treasurer.
he shall be guilty OF misdemeanor and,
upon conviction thereof, shall be fined
any sum not exceeding $500. The State
Treasurer shall notify the Attorney-Gen-
eral of such default by the manufacturer,
in order that indictment against him may
be laid before the grand jury. Judgment
of conviction in such case shall work
forfeiture of the machinery or apparatus
used in manufacturing, which shall
be seized and sold to recover the fine and
costs by the officer to whom the execution
writ of tieri facas to execute the said
judgment shall be directed.
The present calendar year shall be
included as year of manufacture. A
shall not sellsin less guam
titles than one gallon, to be taken away
at one and the same time. He shall not
sell, give away or dispense any liquor to
be drunk on or about his premises; nor
to any person to whom an innkeeper
may not lawfully sell, and shall not sell
any liquor not manufactured by himself,
nor mix, compound or distill the same
with his own; and any manufacturer
violating any of these provisions shall,
upon conviction thereof, pay fine of 800
and costs and shall also be imprisoned
not less than one nor more than six
months.
WHAT Liquors ARE INTOXICATING.
Sec. Z. The court may take official
notice of the fact that spirituous, mixed
or fermented liquors, by their usual or
common names, except cider, are intoyi-
eating, but unmixed cider shall not be
considered an Intoxicating liquor.
THE ocouPIER RESPONSIBLE.
Sec. S. Every sale, gift or disposal of
liquor shall be presumed to be made by
the occupier of the premises where the
same was SO made. And, whenever it
shall be unlawful to sell, give away or
dispose of intoxicating liquor to any per-
son, it shall be likewise unlawful in the
same manner for any other person to pro-
cure or aid in procuring it for such per-
son.
rnR SHERIFF STEPS IN.
Sec. 3. Conviction and sentence of the
pNI'ii tehIht VI occupler VI any I'M OF
tavern, for violation of any of the provi-
sions of the law for the sale of intoxicat-
ing liquors, shall operate to make the
prosecution of the business there after
wards unlawful and nuisance and
there shall be added to the judgment of
the court, as further penalty, that the
same business shall be suppressed; in
virtue of which the sheriff shall seize the
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