Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-03-07
HIGH LICENSE LAW.

hlUh llUENDE LAW.
Full Text of the Graded Liquor Ac
Which Goes into Effect on
May l.
New and Progressive Measure which will
RevoIutionize the Liquor Traffic
in New Mexico.
The new graded liquor license act
which is to become law in New Mexico
on May next, reads as follows:
Section l. Before dram shop license,
hotel license, grocery license, or license
for druggists or for any other place or
house or person to vend, retail or sell
malt, spirituous or vinous liquors within
this territory shall be granted to any per-
son or persons applying for the same, il
the applicant for such license proposes to
use the same outside the limits of any
incorporated town or city, said applicant
shall apply for such license as is provided
| by section 2 of this act to the board of
county commissioners OF the county; if
the applicant proposes to use such license
within the limits of any incorporated
town or city, then application for license
shall be made to the mayor, city or town
council, or city or town trustees; pro-
vided that nothing in this act shall be
construed to prevent the mayor, city or
town council, or city or town trustees Of
such incorporated city or town from re-
quiring an additional license from such
applicant under the articles of incorpora-
ton or ordinances of such city or town.
Sec. 2. Upon every license granted
under the provisions of this act for the
retail sale of malt, vinous and spurious
liquors there shall be collected before
such license is issued tax as follows,
viz: For such license to do business in a
precint, village or town without the linn
its OF any village or city, having not more
than 500 inhabitants, 500; in precinct
or village, town or city of not less than 500
and not more than 1000 inhabitants,
$500; in precinct or village, town or
city having more than 1000 inhabitants,
$40O.
Sec. s. Every license therein provided
for shall be issued for the period of twelve
months by the clerk Of the board OF county
commissioners, upon order OF such board,
or by the city or town clerk or recorder,
upon order Of the mayor, the city or town
council, or board of trustees, as the case
may be, and shall by such clerk or record
er be turned over to the collector of the
county, who shall collect the tax for such
tha NJ i,,ko ha
hands of the county treasurer. to be cov-
cred into the general school fund Of the
county. Provided, that any officer who
shall deliver to the applicant any such IL
cense until the tax thereon has been paid
as herein provided shall forfeit to the said
school fund double the amount OF said
license, to be recovered upon the official
bond of said officer.
Sec. 4. Any person who shall carry on
the business of retail liquor dealer or who
shall sell or attempt to sell any spirituous,
malt, or vinous liquors without having
first obtained license as in section 2
hereof provided, shall be deemed guilty
of misdemeanor and upon conviction
thereof shall be fined in sum of not less
than 500 and not more than $500, or by
imprisonment for not less than thirty
days and not more than one year, in the
discretion Of the court. y 49,.
Sec. 5. Licenses provided for in this
act shall not authorize person receiving
the same to sell, vend or give away liquors
in more than one place, in such precinct,
town or city, as the case may be.
Sec. 6. Any person who shall, directly,
or by means of any machine, or in any
other manner, knowingly sell, barter, or
give away any intoxicating liquor to any
person who is in the habit OF becoming
intoxicated, after notice shall have been
given by the wife, parent, brother, sister
or child, of such person last mentioned,
or by any civil officer charged with the
care or custody of such person, or who
shall dispose of such liquor to any person
when intoxicated, or to any minor without
the consent of his or her parent or guard
ian, shall be deemed guilty of misde-
meanor and upon conviction thereof shall
be punished by fine Of not less than $25
nor more than $l00 or by imprisonment
not less than ten days nor more than sixty
days, or bv both such fine and impris-
onment, in the discretion of the court.
Sec. 7. Any place where liquor is sold
or in any way disposed of in violation of
this act is hereby declared to be public
nuisance, and shall be alb tied as such up
on information or complaint filed before
any court of competent jurisdiction.
Sec. 8. Giving away intoxicating liquors
or any other shift or device to evade the
provisions of this act shall be deemed an
oftense and shall be punished as provided
for in section or section hereof, as the
case may be.
Sec. 8. 1t shall be unlawful for any
person to become intoxicated or disorder
ly, and any person found in such state
shall upon conviction thereof before a
justice of the peace be fined in sum
of not less than $5 and not more than
$25.
Sec. 10. All licenses issued under the
laws now in force in this territory shall
expire on the Saturday next preceding
the first Monday Of May, 1891, provided,
however, that any person who has taken
out license prior to the first Monday of
May, 1891, the term of which has not ex-
pired, may have the amount for such un-
expired term refunded by applying to the
county commissioners, mayor, city council
or board Of trustees.
Sec. II. The United States census of
1890 shall govern as to the population
provided for in section of this act, until
such time as the county com missioners
or mayor, town or city council, or town
or city trustees, may have new census
taken for precincts, towns, villages or
cities.
Sec. 12. Whenever under the provi-