Audubon County Republican. [volume] (Audubon, Audubon Co., Iowa) 1885-1894, 1894-03-29

| the provisions of this act
Section 49, Nothing in this act con.
tanned shall be in any way construed to
| mean that the business of the sale of in
toxicating liquors is in any way legalized,
nor is the same to be construed in any
manner or form as license, nor shall the
assessment or payment, OF any tax for the
sale OF liquors as aforesaid, protect the
wrong doer from any penalty now provided
by law, except that on conditions herein
after provided, certain penalties may be
suspended.
Section II. In any city of 5000 or more
inhabitants, the tax hereinbetore specified
may be paid quarterly in advance on the
first days of January, April, July and
! October of each year, and after written
statement of consent signed by a majority
OF the voters residing in said city, who
voted at the last general election, shall
have been filed with the county auditor,
such payment shall, upon the following
conditions, be a bar to proceedings under
the statute prohibiting such business
First-The person appearing to pay the
tax shall file with the county auditor q
certified copy of resolution regularly
adopted by the city council consenting to
such sales and written statement OF con-
sent from all the resident freeholders own
ing property within fifty feet of the prem
lses where said business is carried on. But
in no case shall said business be conducted
within three hundred feet of any church or
school house.
Second-He shall file with the county
auditor, to be approved by the clerk Of tho
district court, bond in the sum of three
thousand dollars, conditioned upon the
faithful observance of all the provisions of
this act, and for the payment of any and
all damages that may result from the sale
OF Intoxicating liquors upon the premises
occupied by the obligor. Said bond shall
be signed by himself as principal and by
two suretles who shall qualify each in
double the amount of the bond and neither
of whom shall be surety on any other like
bond
Third-Said selling or keeping for sale of
Intoxicating liquors shall be carried on in
a single room having but one entrance or
exit and that opening upon public bus
mess street. The bar where liquors are
furnished shall be in plain view from the
street, unObstructed by screens, blinds,
painted windows or any other device.
There shall be no chairs, benches, nor any
other furniture in front of the bar, and only
such behind the bar as is necessary for the
attendants. list of names of all persons
employed about the place shall be filed with
the county auditor and no persons shall be
permitted behind the bar except those
whose names are listed with the county
auditor.
Fourth-The place shall be conducted in
a quiet, orderly manner.
Fifth-There shall be no gambling or
gaming with cards, dice, billiards or any
other device, nor any music, dancing or
other form of amusement or entertainment,
either in the room where said business is
carried on or in any adjoining room or
building controlled by the person, partner.
ship or corporation carrying on said bust
ness.
Sixth There shall be no obscene or I'm
pure decorations, inscriptions, placards, or
any such thing in the place.
Seventh-There shall be no female person
employed in the place
Eighth The place shall not he open nor
shall any sales be made earlier than a. M.
nor later than 10 p. m. on any day. IL
shall not he open at all nor shall any sale
he made on the first day of the week com
monty called Sunday, nor on any election
day or legal holiday, nor on the evening of
such days.
Ninth--No minor, drunkard, or intoxi-
Gated person shall be allowed in the room,
and no sales of intoxicating liquors shall
be made to any minor, drunsard, or in
toxicated person, or knowingly to any per-
son who has taken any of the recognized
'cures for drunkenness
Tenth--No sale of Intoxicating liquors
shall be made to any person whose wife,
husband, parent, child, brother sister,
guardian, ward over II years OF age or
employer, shall, by written notice, forbid
such sales.
Eleventh If the property has not been
so listed for taxation, as required in Sec
ton of this act, then the person appear
ing to pay the tax shall report the same
to the county auditor to be listed for taxa
ton.
Section IS. In order that any city or
town of less than 5000 inhabitants may
come within the provisions of Section II of
this act, the following additional condition
must be complied with:
A written statement of consent shall be
filed with the county auditor, signed by 10
per cent of all the legal voters who voted at
the last preceding general election las
shown by the poll list of said election) re-
siding within such county and outside of
the corporate limits of cities having a
population of five thousand or over; but no
such statement of consent shall be con-
strued as n bar to proceedings against sell
ing persons Intoxicating liquors in incor
porated towns situated in townships of
which less than a majority of the voters of
the township, including the Incorporated
town, have signed the statement of con-
sent; nor shall it be construed as bar in
any Incorporated town in which ma ior-
ity of the voters do not sign said statement
of consent.
Section TO- Whenever any of the con.
ditions of this net shall be violated or
whenever the city council or trustees of
the Incorporated town shall by majority
vote direct it. or whenever there shall be
filed with the county auditor verified Pc
tition signed by majority of the voters
of said city, town or county, as the case
may be, as shown by the last general elec.
ton, requesting it then and in such case
the bar to proceedings as provided In Sec
ton II hereof shall cease to operate as a
bar and persons engaged in the sale of in
tod lg
act, shall be liable to all of the penalties
provided for by chapter G, title IL of the
code and acts amendatory thereto.
Section 20. The signing of the name of
another to any statement of consent or Pc
tition provided for in this act, shall be
deemed forgery and punishable under the
statutes as such. and each such statement
or petition shall be accompanied by the
affidavit of some reputable person, showing
that said person personally witnessed the
signing OF each name appearing thereon,
and any false statement contained in such
affidavit shall be deemed perjury and pun
ishable as such, and all provisions of law
relative to the bribery OF voters are hereby
made applicable to the bribery of signers
to any such statement of consent or petit
ton. All statements of consent or petition
shall show the voting precinct OF the
signers thereof, and date of signing, and
no names shall be counted that were not
slSneu Wltnln thirty days prior 10 tile mug
OF said petition or agreement OF consent.
Section 2l The county auditor shall
keep for inspection by any citizen who may
desire it, all papers required 10y this act to
be filed with him. and any failure or re-
fusal on his part to do so shall be deemed a
misdemeanor and upon conviction thereof
he shall be fined one hundred and fifty dol
lars for each offense.
Section %. To give away or to furnish
intoxicating liquors to any person upon
any pretext shall IN the intent of this act
be deemed sale.
Section %. The statement and payment
of the tax herein specified shall not be used
as evidence against such person, partner
ship or corporation in any suit, either at
law or equity, in any of the courts of this
state or of the United States.
Section "a. For the purpose of protect
ing the property of the corportion and its
inhabitants and of preserving peace and
good order therein, cities and incorporated
towns shall have power to levy and collect
additional taxes, and to adopt from time
to time rules and ordinances for further
regulating and controlling such traffic not
in conflict with the provisions Of this act
Section %. Publication clause.
There is talk of $40, 900, 900 ship
I