The sun. [volume] (New York [N.Y.]) 1833-1916, 1896-05-09
NO LIQUOR FOR CLUBS.
so THE CORPORATION 20 UysEL
ADpIsEs the POLICE.

L~esisiatare, whatever re Intenaed, Did Not
Metnmorphose DI-tributicu or LIauors
In n club intO "Trnmc" by Usinr
that word-Sundny Drinks All Right.
In a long opinion finished yesterday Corpora
tion Counsel Scott advised Acting chief OF Po.
lice Cortrieht that social clubs that may dis.
tribute liquors 10 their members ne an incident
OF club life are not required to buy n LIQUOR tax
certificate under the Rhines law. The opinion
was written In response TO n request from the
acting Chief for information regarding tho duty
Of the police toward clubs. lie desired To know,
FIRST, II clubs are required to pay a tax, and.
next, II they were. II the fact that they had ten
rooms for Vrests made them hotels with the
right to sell on Sunday.
Mr.. Scott's opinion Is basod on the decision OF
the Court OF Appeals In the case OF the Adolphi
Club OF Albany under the old law, a decision
which was recently handed down. lie says.
This case absolutely determined that bona
fde social clubs were in no respect subject to
the excise laws OF the State, and that their act
In distributing liquors amongthcir members and
guests did not constitute a sale OF such liquors.
The only question which now presents itself is
whether or not the Liquor Tax law has effected
any change In the law SO far rs such clubs are
concerned"
The Corporation Counsel goes on to show that
there is no essential difference between tho
language Of the old law and the new in the sec
tons prohibiting the sale OF liquor without q
license or without a tax certificate.
In the Albany case the Court OF Appeals held
that the defendant was wrongfully convicted.
because q distribution of liquors among MEM
bers OF a bona flde club did not amount to .
sale within the meaning of the former Excise
law. Mr.. Scott goes further. and says:
IL can see no other conclusion TO be arrived at
than that n social club organized for legitimate
purposes, to which the furnishing of liquors to
its members is merely incidental. does not fall
within the purview of the LIQUOR Tax law. and
therein"
This opinion, he admits. is given with full
Rsrding the 900 feet limit Of a liquor place
ferred to as " "A corporation or association which
tratfics IN liquors solely with the members
this phraseoloRy indicated an intention on the
part OF the Legislature that clubs should be re-
'"Such is not its effect under the exposition
given by the Court of Appeals OF the real nature
members. The Court says distinctly, in that
opinion. that such clubs do not traffic in liquor
provisions Of the statute to which | have re-
ferred which relate solely to persons or corpora
them. just what these words were intended to
apply to may not be apparent; but that they do
opinion. abundantIy clear"
q course il IL club is not required to pay, a
TAX. MT. scott says IL naturally foilOws That the
distribution OF liquors in u club on sunday CAN
not lie intcrfcred. with by the police. An
answer to the acting Chiefs second question
was not necessary after the answer to the first.
but the Corporation Counsel advises him that u
club cannot he a hotel. as 1t does not offer shelter
and accommodation to the general public.
AS the corporation Counsel is the legal ad-
wiser OF the Police Department, the clubs of this
city may consider themselves reasonably safe
from intrusion and Interference by the police
after this opinion. They are still liable to in
ictmen though. for the District Attorney and
the Grand Jury must act in case any complaint
il MADE against any of them. Then. too. there
are the officials of the new excise department.
The counsel for the department in New York
city Is paid. as all other lawyers are paid, ac-
cordinc to the amount of service he renders in
every case he has. The more cases the more
service and the greater Compensation. He may
take II into his head To begin proceedings
against all the clubs which refrain from apply
ing for certificates. " any rate n test case is
pretty certain to be made to determine IL IL was
not the intention of the Legislature that clubs
should be compelled to pay "A liquor tax.