Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-31
THE CLUBS AND LICENSES.
The Text of the Attorneys Opinion ON the
Subject.


Subject
The following is tine text of the opinion of
Attorney Thomas, holding that duly incor-
porated Clubs are not required to present with
their application for liquor licenses the written
permission Of property owners. prescribed by
the fifth section OF the liquor law. and also
that the 40O-feet rule in the sixteenth section of
the act does not apply to clubs. as was stated in
yesterdays STAR:
IN order to get a clear understanding Of the
above questions it is necessary to state the pro-
visions of the law. The first section Of the act
OF March 8, 1898. regulating the sale Of intoxi-
eating liquors in this District. declares that ''nO
person shall sell, offer for sale or keep for sale
or trafic In. in the District of
Columbia any intoxicating liquor except as
hereinafter provided" The second section pro-
vides for an excise board and makes il the duty
OF said board to consider applications for Ii
censes and grant the same. The fourth section
declares that every person applying for a license
to sell Intoxicating liquors shall file with the
excise board petition giving his name and
residence and the place for which he desires
license. Tho fifth section declares that in the
cities Of Washington and Georgetown il shall be
the duty OF every applicant for a bar room
license to present to the excise board with his
application the written permission of
majority of the persons owning real estate and
majority OF residents keeping house, &c. and
that every place where intoxicating liquors
are sold TO be drunk on the premises shall for
the purposes Of this act be regarded and con-
sidered a bar room. and the possession Of in
toxicating liquors and the sale and disposition
OF the same to be drunk the premises shall
constitute and make place bar room. The
sixth section after declaring that no intoxicat-
ing liquors shall be sold or given or in any
way disposed Of to any minor or intoxicated
person to an habitual drunkard and that
saloons shall not sell liquors between IL o'clock
midnight and 4 O'Clock in the morning. during
the last named hours and on Sunday every bar
room where intoxicating liquors are sold shall
be kept closed and no intoxicating liquors
sold. provided shat the SAID ercise board MAY
IN its discretion issue license to any hotel or
incorporated club. on the petition of the
officers Of the club. and the said ercise board
may IN ats discretion grant permit to such
club 10 sell Intoxicating liquors 10 members and
guests of such club bet,ceen such hours as the
board aforesaid may designate"
TIE MEANING OF BAR ROOM
The eighth section declares that a bar room
license shall be required for every hotel, tavern.
bar room or other place in which Intoxicating
liquors sold by retail. land that the pos
session Of malt. distilled fermented or any
intoxicating liquors, with the means and appli-
ances for carrying on the business and dispens-
ing the same to be drunk were sold. shall be
prima facie evidence of a bar room within the
meaning of this act, and the license therefor
shall be known as bar room license"
The sixteenth section declares that licenses
Tor any of the purposes specified shall not be
granted to any person TO conduct such business
within 400 feet of public school, private school
or house Of religious worship. except in such
place Of business as may have been located pre-
yiouS to the erection or occupation Of such
school house, private school or house Of re-
hgioIs worship, measured between the nearest
entrance to such by the shortest course of
travel &c.
1t will be observed that MP to the sixth sec
ton and beyond only persons are mentioned
The sixth section. after prohibiting the selling
OF Intoxicating liquors to certain persons aad.
designating the hours during which intoxicating
liquors may be dispensed under a license issued
In accordance with the act, contains the follow
ing proviso:
And provided further. the said excise board
may in its discretion issue n license to any hotel
or incorporated club the petition of the Off
GERS Of the club. and that the said excise board
NAV in its discretion grant permit to such.
club to sell Intoxicating liquors TO members and
guests between such hours the board afore-
said may designate in said permit
It appears to me that the language of the
proviso in the sixth section shows that the evil
dent policy and intention of Congress was to,
place the granting of licenses to duly incor-
porated clubs as class and the regulation of |
their hours under the control and direction of |
the excise board. and that such clubs not being !
liquors" or engaged in carrying on the 'busi- |
ness OF such traffic at place of business in |
the way that common drinking saloons and |
hotels are conducted furnished the reason WHY !
they are not mentioned in the fifth section and !
shows that they are Sc: apart BIZ the sixth sec
ton distinc: class so far as tine obtaining
of licenses ard tine time Of dispensing their own,
refreshments are concerned.
NOT IEAFFIcKERs IN LIQUORS.
II must be presumed that Congress knew
perfectly well that duly incorporated clubs.
organized for social literary and scientific pur-s
poses not sellers of or trafickers in in
toxiclring liquors. nor engaged in the bus hess
Of such TRAFFIC a. "a place of business in the |
way that common drinking saloons are cogl-I
Quoted. and that such clubs carving on no
business. but affording rational recreation and |
amusement in the club house for the exclusive
beneit of its members and guests. ard dis
pensing liquors only incident TO such 1
recreation, had none Of those obje ttiona5le
elements IN its make up which renders its
location in the vicinity of churches id schools
morally imLrOIer. /. Is plain to me that
Congress intended to favor ho.eis and duly
clubs, and it aeco. dinghy gave /
the discretionary power to the excise
board to grant an exceptional permit to such
clubs. II this intention did not appear
there would be grave douOt whei htr sach clubs /
were not subject to all the prOyi sioSls applicable
to persons engaging in the liquor business as /
such Such clubs are entitled to the benefit of .
a reasonable doubt. if any 1srch fairly arises 1
from the terms of the statute. For these
reasons my opinion IS the .sorsen.of property /
owners required by the fifth s,4ion and the |
400 feet rule prescribed by--the sixteenth section |
of the act of March 5. 1893. in regard to the I
sale Of intoxicating liquor does not apply to !
duly Incorporated clubs.