The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1888-05-16

the Legislature, aud as matter of general
interest hereunder give the law as official
" published
CHAPTER OK
An Act to regulate the sale Of intoxicating aud
brewed liquors.
!. Be it enacted by the Senate and General AS
sembly of the State of New Jersey, That hereafter
no license to keep an inn or tavern, or to sell
spirituons vinous, malt or brewed liquors shall be
granted by any court excise board or authority
having power by law to grant license, except upon
payment, by the applicant or licensee, OF license
fee as hereinafter mentioned that is to say: In all
townships, towns boroughs or cities having, by the
census last preceding the granting OF such license
| population of not more than three thousand,
license fee Of not less than one hundred dollars;
in all townships. towns, boroughs or cities having
BY such census, population exceeding three thou
fee of not less than one hundred and fifty dollars
| and in all townships towns boroughs or cities
having by such census, population exceeding
ten thousand, a license fee of not less than two
hundred and fifty dollars; no license shall be
| granted for a longer period than one year.
2. And be II enacted, That II the holder of any
such license shall sell offer for sale, barter
give or suffer to be sold or offered for sale. bar
tered given within his tavern, beer-shop, lie
quor-saloon or other premises, any spurious, vim
Gus or malt liquors on the first day of the week
commonly called Sunday, or shall give, or SELL or
offer to be given or sold any such liquors to any
a dlsorderly house, or shall harbor drunken per-
sons vagrants idle and vicious persons, thieves.
or shall suffer gambling or unlawful game OF
chance or unlawful acts to be done or carried on
in his tavern, beer-shop, hquor-saloon or other
premises, or shall violate any law of the state
regulating the sale Of intoxicating liquors, his IL
cense shall thereby become forfeited and void, and
upon complaint Of any three residents of the
township or municipality wherein such license Is
used and ex ercised, verified by the oaths of such
compliments, being presented either In termtlme
or vacation, to any judge Of the court of common
held therein, alleging that any such license has
become forfeited and void, and specifying the acts
complained of which shall be alleged to have
worked such forfeiture, it shall be The duty of
such Judge TO indorse upon such complaint an Or
der that the person complained of show be-
1--WE days from the making Of said order, why his
license should not be declared forfeited and re-
voked by The court. and said complaint and order
shall be filed with the clerk o. said county and
copy thereof served upon the person complained
of personally, or by leaving the at his resi-
dence his tavern beer.shop or liquor-saloon at
least Ave days before the return of said order;
when complaint Is presented to a Judge of the
common pleas the presiding judge of said court
may at any time convene the court for the pur-
pose of hearing such complaint, and all such COM
plants shall be heard IN summary way II upon
the hearing the court before whom the complaint
was made shall find the defendant guilty of the Of
lenses set forth In this section, any of them,
Judgment shall be rendered revoking the license
Of the person complained of and in case the de-
PENDANT Is found not guilty, the court shall dis
charge the order to show cause; in case license
be SO revoked, the person to whom the same was
granted shall be disqualified for one year from
ceiving any license In this state; and in case any
person be second time so found guilty, and his
license revoked he shall be forever disqualified in
case proof Is made at such hearing Of the previous
enter la its judgment finding of that fact; the
court or judge, on making such order, may require
the complainants to file stipulation for costs
and the costs of such hearing shall be paid by the
defendant If found guilty, and by the complain
ants II the rule or order be discharged the rene
dy provided in this section Is in addition to the
M npn aiffeS prOyidpd by law.
$. And be IL enacted, That no license to sell
sprituous or malt, or brewed liquors at retail TO
be drunk on or about the premises, shall be grant,
cd by any court, excise board or other board, In
any store. apartments or other place in which any
| grocery store or other mercantile business is
ried on; and any person carrying on the sale of
such liquors at retail, to be drunk about the
premises either directly or indirectly, In
ton with or in the same store or apartments with
| any grocery store other mercantile business
shall be guilty OF the oense of keeping disorder
| ly house.
A. And be IL enacted, That upon application BY
petition signed by one-tenth Of the legal voters Of
any county in this state, as determined by the
votes cast at the last previous election for the
members of the general assembly, the Judge of the
| circuit court In and for such county shall cause
public notice of such application TO be given by
publication in each newspaper entitled TO publish
| tho laws In said county, for two weeks, whichno-
tice shall set a day and place where he will con-
slider said application, at which time he shall hear
any person or persons who may appear before
him us TO the question of said applicants being
legal voters in. said county, or any other matter
which may be brought before said judge for his
determination touching said application, and If
he shall decide that said applicants legal vo-
ters In said county, and that there is no legal
cause why said application shall not be granted,
he shall, within forty days after the presentation
of such petition, order an election to be held at
the usual places of holding elections in said coun-
ty, to determine whether or not any alcoholic.
spirtuous, vinous, malt, brewed intoxicating
LIQUORS shall DO sold within the limits of said
county; provided, that such election shall not be
held within sixty days of any general election in
saie S9Anty 50 that such elections Is are held I'M
any other erection Nhatever; and provided also,
that the day fixed for holding such election shall
not be less than three months nor more than six
months from the date of such order Issued by the
judges aforesaid
tion TO be held under the provisions Of this act,
shall be published once week for three weeks
prior to such election, in two newspapers publish-
ed in said county where such election Is to held,
and such other notice may be given as said judge
may direct; and all such elections shall be held
under the same regulations as are now or may be
| prescribed by law for holding the general cleo
lions for members Of the general assembly and
senate Of this state; and that all the penalties
contained in the said general election laws of this
| state are hereby extended TO and shall apply to
the special elections to be held under the provi-
sons Of this act and II shall be the duty OF judges
inspectors and clerks Of the election precincts TO
conduct the said elections, TO all the votes
cast and declare the result and in all respects TO
perform the same duties at such elections as they
are by law required 10 do at the election for mem
beers OF the general assembly and senate of this
state, and they shall receive the same compensa
tlon therefor as they receive az general elections
the result of any election held under the proyi.
. sions OF this act shall be canyassed and declared
by the board of county eanyassers as in other
: cnses.
g. And be IL enacted That all persons voting al
, elections held under the provisions of this aci
who are against the sale of the articles mentioned
In the fourth section Of this act shell have writ
ten or printed, or partly written and printed OF
their ballots, against the sale OF intoxicating H.
quors,' and all who favor the sale of the articles
/, mentioned In said fourth section shall have writ
: ten printed, or partly written and printed OF
their ballots "for the sale of Intoxicating liquors.
c Z. And be It enacted. That whenever, by return
, of the election, IL shall appear that majority o
the votes cast In such county against the sal,
of intoxicating liquors. no license shall thereafter
d be granted TO any person within the limits o
9 such county 10 keep an inn or tavern saloon
. or TO sell spirituous, yinous, malt or brewed II
i quors to be drunk on or about the premises; pro
J. yided, that persons holding licenses issued PRO
to such an election, shall not be deprived thereo
! until the expiration Of the same
o s. And be 1t enacted, That any person who shall
~ espose pf hs or XXI.
or shall suffer 10 be traficked in, sold or exposed
o for sale or so given away, any liquors mentioned
!, In the seventh section of this act, by whatever
v name called shall be deemed guilty of misde
means aud shall for the first otfense forfeit ant
' pay Upon conviction thereof, q sum not exceedinf
county iail for a term not exceeding six months
with costs of prosecution, and for each subsequen
onense a sum not exceeding Ave hundred dollars
not exceeding one year, with costs of prosecution
o. And be Il enacted, That whenever Il shall APP
, pear by proof. on any examination or trial for an
alleged offense against the provisions of this act
that any Intoxicating liqusr has been sold ex,
whateyer where the sale of intoxicating liquors
would have been unlawful 1t shall not be necessa-
ry TO prove the particular kind of Intoxicating IL
| ouor sold or exposed for sale or given away.
TO- And be IL enacted. That If the result of any
election held under the provisions Of this act shall
be either for the sale Of intoxicating liquors, OF
against the sale Of int cating liquors, no other
election for that purpose shall be held III the
prescribed limits In less time than three years
! thereafter and then only upon the presentation
of new petition as aforesaid; and in case of such
new petition and the holding Of q subsequent
election license as aforesaid shall thereafter be
granted or not, according TO the result of such
election.
II. And be II enacted. That all laws aud parts
of laws In conflict with this act be and the same
= are hereby repealed.
H. And be Ii enacted, That this act shall take
effect on the first day OF May lone thousand eight
, hundred and eighty-eight
pa eaa arah