The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-10

liquors are sold upon such days and hours
when the sale of such liquors is prohibited
by law The fact that any person or per-
sons are permitted to be in or go in or out
of such room upon any day or hour when
the sales Of such liquors are prohibited BY
law snail be prima facie evidence OF guilt
upon the trial OF a cause charging the
proprietor OF such room with violating the
law in the sale Of such liquors upon such
days or hours.
Sec 4. Any room where intoxicating
liquors are sold by virtue OF license issued
under the laws of the State OF Indiana for
the SAFE or spir1ruouS, vfnous, malt or other
Intoxicating liquors in less quantities than
quart at a time, with permission to
er Situated lne pon upon r the oan m sa De
of the building where the same are sold
and in a room fronting the street or high
way upon which said building is situated.
and said room shall be so arranged, either
with window or glass door, as that the
street or highway and no blinds, screens
or distractions to the view shall be ar
ranged, erected or placed so as to pre-
vent the entire view of said room from the
street or highway upon which the same
is situated, during such days and hours
by law. Upon conviction for the violation
of this either OF the foregoing sections
of this act the defendant SHAH be fined in
any sum not less than 80 nor more than
800, to which may be added imprison-
ment IN the county jail not exceeding ninety
days and, in case of conviction for the
second offense, either upon a plea of guilty
or conviction upon trial thereof in any
Circuit, Superior. Criminal, justice or Police
court or Indiana, as part OF the judg-
ment the court may make an order revoking
the license of the person convicted, which
said Judgment shall have the effect to COM
pieteiy annul and set aside such license and
all privileges and rights under the same.
And upon the third conviction or plea of
guilty entered the court rendering judg-
ment thereon shall annul and set aside such
license and all privileges and rights under
Sec. 5. Any person engaged in the sale of
splrltuous, vinous, malt or any other intoxi-
cating liquors to be drunk as a beverage
VINO snail allow, suffer or permit any person
under the age of twenty-one years to loiter
in the saloon or place of business where said
vinous, malt or other intoxicating liquors as
aforesaid shall, upon conviction thereof. be
than 500, to which Imprisonment in the
county jail may be added not exceeding nine
Sec. g. Whoever, directly or indirectly.
sells or delivers any spirituous, vinous malt
or other Intoxicating liquors to any person
under the age of twenty-one years, either
for his own use or for the use of any other
person whomsoever, shall be fined in any
which may be added Imprisonment in the
county jail not exceeding ninety days
Sec. = 1t is hereby made the duty of all
shals. policemen, sheriffs and constables re-
siding in the township, town or city in which
any saloon may be hereafter located, to en-
force the provisions of this act.
Sec .; No more than one license shall be
granted or issued to any one person, and in
no case to any person other than the actual
owner and proprietor Of said business, who
must apply In his own name and be con-
tInuous resident of the township in which
the application for license is made at least
ninety days time prior to the time of appli-
cation and no license shall be granted or is-
sued to any person who. in his application
for the same, is acting as the agent for an
other, or who proposes to conduct said BUSH
ness as the agent or partner of another per-
son. Provided, that in case of the insanity
or death of the person holding license UNI
before the expiration of the year for which
the same was granted, the county or city
treasurer shall, on the order of the board of
such city, refund to the guardian of such
insane person. the heirs. executors or adj
ministrators of said decedent or insane per-
son. the proportionate, part of the license
fees for the unexpired part of said year.
which such treasurer has received for such
license.
Sec. 9. II, three days before any regular
session of the board of commissioners of
any county, a remonstrance in writing
signed by a majority of the legal voters
OF any township or ward in any city sit
the auditor of the county against the
granting of a license to any applicant for
the sale of Of spirituous vinous malt or other
state of Indiana, with the privilege of al
lowing the same to be drunk on the prem
ises where sold, within the limits of said
township, or city ward, 1t shall be unlawful
thereafter for such board of commissioners
to grant such license to such applicant
from the date of the filing of such remon-
STRANGE If any such license should be
granted by said board during said period
the same shall be null and void, and the
holder thereof shall be liable for any sales
of liquor made by him, the same as If such
sale were made without license. The num-
Der to constitute a majority of voters herein
referred to shall be determined by the ag-
gregate vote cast in said township or city
ward, for candidates for the highest office
at the last election preceding the filing of
such remonstrance.
Sec. 9ia 1t shall be unlawful for any
spirituous, vinous malt liquor to be sold
or given away in any drug store in any
quantity except upon the written prescrp-
ton of a reputable prachcing physician.
Any person violating any of the provisions
of this section shall be fined for the first
offense the sum of SIS, and for the second
offense in any sum not less than SIS nor
more than $500, to which not exceeding six
months imprisonment may be added.
shall apply to persons, places and sales of
spirituous vinous malt and other intoxi-
canting liquors, whether conducted under
the law of the State of Indiana licensing.
regulating and restricting the sales of such
liquors to be used as beverage, or by
virtue of any. laws of the United States,
except as to the provisions fer obtaining.
revoking and demonstrating against license,
which apply only to proceedings under the
laws of the State of Indiana.
Provided that this section shall not APP
ply to persons who hold a prescription from
a reputable physician for any drugs or
medicines, or to any person selling the
same.