Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-01-29

sembly. 1t is being engrossed to-day and
after receiving the signature of the presi-
dent and speaker will be sent to the gov
ernor:
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, If
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 unde. the articles of incorpora-
"
Sec. 2. Upon every license granted
under the provisions OF this act for the
retail sale OF malt, vinous and splrituous
liquors there shall be collected before
such license is Issued a tax as follows,
VIE: For such license to do business in a
precinct, 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 900 inhabitants, $500 /;
in a precinct or village, town or city
having more than 900 inhabitants $500
Sec. 3. Every license therein provided
for shall be issued for the period Of twelve
months by the clerk of the board OF county
com missloners, upon order of such board
or by the city or town clerk or recorder,
upon order of the mayor, 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
license and pay the same at once into the
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 spirltuous,
malt, or vinous liquors without having
first obtained license as in section 2
hereof provided, shall he 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.
Sect. 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, direct
ly, 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 becom.
ing intoxicated, after notice shall have
been given by the wife, parent, brother
sister or child, of such person last men,
toned, 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 guardian, shall be deemed guilty of 8
misdemeanor and upon conviction there
OF shall be punished by fine OF not less
than $25 nor more than 500 or by i'm
prisonm ent not less than ten days MOI
more than sixty days, or by both; such
fine and imprisonment, 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 abated as such up
on information or complaint hled 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
offense and shall be punished as provided
for in section A or section hereof, as the
case may be.
Sec. 8. 1t shall be unlawful for any per
son to become intoxicated or disorderly
and any person found in such state shall
upon conviction thereof before justice O.
the peace be fined in sum of not lesl
than s. and not more than $25.
sec. 10. All licenses issued under thu
laws now in force in this territory shal
expire on the Saturday next precednl
the first Monday Of May, 1891, provided
however, that any person who has takeI
out license prior to the first Monday O
May, 1891, the term of which has not ex
pred, may have the amount for such un
expired term refunded by applying to thu
county commissioners, mayor, city coun
Gil or board OF trustees.
Sec. IL. The United States census o
, 1890 shall govern as to the populator
provided for In section 2 of this act, unit
} such time as the county commissioner
/ or mayor, town or city council, or towr
] or city trustees, may have new censul
: taken for precincts, towns, villages o.
cities.
Sec. IL. Whenever under the provi
slons of this act application is made 70
! license for retail liquor dealer in any pre-
! cinct, town or village, uninCorporated
+ and the place Of business of said liquo
dealer is to be situated within l,OOl
yards OF the line or lines IT any other ad
joining precinct or precincts, ther
the total population Of the adjoing pre-
cinct or precincts is to be added to the
population Of the precinct In which sale
3 business Is to be prosecuted, for the pur
= pose OF grading the license as provided
, for In section 8, and the said license shall
be issued upon such total population o
such said precincts.
! Sec. 10. Retail liquor dealer" with
3 In the provisions of this act, shall be con
. strued to mean one dealing in malt, splr
. ituous or vinous liquors in quantities o
. not more than AZ gallons to any ont
7 person at any one time.
Sec. IA. Any person having procured
license under the provisions OF this &C
, can dispose Of the same to any other per
aou IN ho usad oplv for TIA .; a MT ~