The sea coast echo. [volume] (Bay Saint Louis, Miss.) 1892-current, 1892-05-28
THE DRAM-SHOP LAW.
Full Text of the New Code Chapter as
Passed by the Mississippi
Legislature.

Legislature.
UNLAWFUL TO SELL IN LESS QUANTITIES
THAN ONE GALLON WITHOUT LICENSE.
Section /. 1t shall not be lawful for any per-
son to sell, barter, or give away to induce trade
any yinous, alcoholic, malt, Intoxicating or
splrituous liquor, In less quantity than one
gallon, without first having obtained license In
the manner directed by this chapter; but any
person having obtained license to sell in less
quantity than one gallon, may sell in greater
quantity under such license
BOARD OF SUPERVISORS TO GRANT LICENSE
Sec. 2. The Boards of Supervisors shall have
power to grant license to any person resident
within their respective countess and not within
a city, town or village, to sell by retail, such
liquors, and in any quantity, within such coun-
", ana to assess and collect such tax thereon as
the board may see proper, having reference to
the situation of the place, as affordng more or
less profit to the applicant, and not less than
$500 for period OF twelve months, and all sums
received for such license shall be paid into the
State Treasury,
CORPORATE AUTHORITIES OF TOWNS TO
GRANT LICENSE.
Sec. 3. The corporate authorities of every city,
town or village, shall have power to grant to any
person, resident in such city town or village,
license to sell by retail, In any quantity, such
liquors, within the same for the period Of twelve
months; and to assess and collect such tax
therefor as they may see proper, not less than
200 If in city, or 5000 if in town, or 5000 II in
a village, having reference to the situation of the
place, as affordng more or less profit to the ap-
plicant; but cities and towns may levy an addl-
tional tax not less than rs per centum of the
state license tax for municipal purposes.
LIMITATION ON POWER TO LICENSE.
Sec. 4. III a majority of the qualified voters in
any supervisors District, OR city, town or vii
lage, petition the Board of Supervisors or the
authorities OF the municipality against the
granting of license to retail liquors, such license
shall not be granted to any applicant within the
bounds of such district, city, town or village
for twelve months after said petition Is so
presented, If issued by the tax collector on
payment Of privilege tax, after he has been
notified by the Board of Supervisors, or the
authorities OF the municipality, not to issue such
license because OF such petition of majority of
qualified electors, 1t sha not protect the person
selling.under it, from conviction for selling ille-
gally, and such tax collector shall be guilty of a
misdemcanOr, as to each license SO Illegally
issued by him.
PETITION OF A MAJORITY OF LEGAL VOTERS
REQUIRED.
Sec. 5. license shall not be granted to any
person to retail liquors in less quantities than one
gallon unless the applicant shall first produce
petition for the issuance of such license, recon-
mending the applicant to be of good reputation,
and sober and suitable person to receive such
license, which petition shall be signed by ma
JOrity, exclusive of those who may sign a coun-
fnr rntt lon NcA AI.nHa n
the Supervisors District where the liquors are
intended TO be sod, or ii such liquors be intended
to be sold within the limits of any city, town or
village, then by such majority of the qualified
voters resident therein and all such petitions,
after being presented and filed, shall remain on
file one month for consideration, and the recep-
tion OF counter-p petitions before being acted
upon,
CONTRIBUTIONS.
Sec. 6. Any number of the qualified voters In
the Supervisors District, or city, town or vii
lage, may petition against the grant of license to
an applicant or against the grant of license gen.
orally, and any name found on a petition for
license, and also on counter petition, shall be
counted against the granting Of license and the
voter shall not afterward, for twelve months,
have the right to withdraw from the counter
petition.
PETITION FOR LICENSE TO BE PUBLISHED.
See. 7. A license to retail liquors shall not be
granted unless the petition therefor, with the
full NAMES of the petitioners, be published, SO as
to be easily read, for three weeks during the
month which it is required to remain on file. The
publication must be made In some newspaper in
the county, and If there be two judicial districts
In the county, in some newspaper of the district
where the dram shop is to be located, at the ex-
pense OF the applicant, If there be newspaper
willing to publish Unpublished therein; but If
there. be not newspaper in the county willing
TO publish the same, then a copy of the petition
and the names shall be conspicously posted for
said time In three or more public places in the
municipality or district where 1T is proposed to
sell the liquors. newspaper publication in
which the names are crowded or proper capital
letters are dispensed with, or in which anything
Else IS done, or omitted, to prevent, or which
prevents, the publication from being easily read,
shall be invalid
APPEALS FROM GRANTS OF LICENSES.
Sec. 8. Any citizen who signed counter-pc-
ition thereto, or who made written objection to
the grant of any license to retail LIQUORS. NAV
appeal from the decision of the Board of Super-
Vis0rs, or OF the municipal authorities, granting
such license, to the Circuit Court of the county
here to be examined and determined de
lovo; but such appeal must be demanded.
Ind bond in the sum of 5000, conditioned for the
payment of the costs Of such appeal, given with
wo sufficient sureties, with in five days from the
'endition of the decision.
BOND GIVEN AND TAX PAID BEFORE IL
CENSE ISSUED
Sec. o. Before license shall be issued the an
,licant shall give bond, with two or more suffi-
'ient sureties, to be approved by the Board of
supervisors, or municipal authorities, as the
'ase may be, payable to the State, in the penalty
II $1,000, conditioned that the person to whom
uch license shall be granted, shall, during the
continuance OF his license, keep quiet, peace
ble and orderly house for retailing liquors in
he district, city, town or village, and will not
uffer or permit any riotous or disorderly con- 4
uct, or any drunkenness, or any unlawful gam
ng, or any card playing in or about the same. or
N the premises thereunt0 belonging, and will
lot retail, or otherwise dispose Of liquors to an
indian, minor or intoxicated person, or to any
erson in the habit of becoming intoxicated, ana
viii In all things faithfully observe and keep all
he provisions of this chapter; and all such
onds shall'be filed, recorded and carefully pre-
erved In the office of the Clerk of the Chancery
'ourt OF the county; and for a breach thereof,
ecovefy Of the full penalty may be had by the
ounty, and onezhalf Of such recovery may be
tn Ia INF =