Pleasantville weekly press. (Pleasantville, N.J.) 1890-1911, 1896-08-12
END|COTT'S OPINION
ABOUT THE BEER WAGONS.
The Borough Counsel Cites
the nam.
HIS OFFICIAL LETTER UPON THE SUBJECT.
THE BEER QUESTION REVIEWED. LICENSE
GRANTED TO PARTIES OUT OF TOWN
DOES NOT PERMIT THEM TO PEDDLE
HERE. OTHER POINTS.

The following opinion of Hon. A. B.
Endicott, the Borough Counsel, in re-
sponse to a request asking him to define
the law upon the right Of parties living
outside the Borough to peddle beer
within the limits will be read with
interest.
Mr.. Japhet Price, Borough Clerk. Dear
sir: Your letter OF July 7th asked for
an opinion from me as to the right OF
a person to sell beer or other intoxicat-
ing drinks in the limits of your Borough,
who has a retail license in the Borough
OF Somers Point and also government
license.
Your questions are paragraphed as
follows:
First = Does he have right to deliv-
er said drinks upon orders having been
given at his place OF business at Somers
Point.
Second: = Does he have a right to
canvas the Borough and take orders
and deliver on the next or subsequent
day.
Third = Does he have right to take
an order and make an immediate SALE
Fourth Does he have right to
peddle his drinks in any way at all in
the Borough.
The Act OF March 20th, 1882, {see
Pamphlet Laws of that year, page ~
provides that no spirituous, vinuous,
malt or brewed liquors shall be sold,
or offered or exposed for sale in quanti-
ties less than one Quart without license
for that purpose first mad and obtained,
and any person selling OF offering OF
exposing for sale any OF the liquors afore-
said in quantities less than quart with
out such license shall be guilty OF the
offence OF keeping a disorderly house.
Section 2, OF the aforesaid Act, provides
that if any person shall sell or offer or
expose for sale any OF the liquors afore-
said in any quantity from one quart
to five gallons without q license for that
purpose first had and obtained, or who
having such license under and pursuant
to this cection, shall suffer or permit
any OF said liquors TO be sold by vir-
tue OF such license to be drunk on or
about the premises where sold, shall
be guilty OF the oifense OF keeping disor
derly house.
The first license referred to in this
Act is that which permits person to
keep an Inn or Tavern, Sec. 10 OF the
Inns and Taverns Act (Rey. page 4SS)
provides that no license shall author
ize any IDn-holder or Tavern-keeper,
or any person by his or her authority
or permission, to sell OF to keep and
expose for sale, any rum, gin, brandy,
whiskey, cider, spirits or other ardent
spirits, wine, or any other liquid OF which
distilled spirits or wine shall form
component part in any other place out
of the Inn or Tavern house for which
the license shall have been granted accord
ing to law; and any person offending
shall be guilty of keeping disorderly
house.
] therefore answer your first ques
ton in the affirmative, that he would
have the right to deliver drinks upon
orders given at his place OF business
provided the quantity is such as is per-
mitted to be sold under his license.
would answer your second question
in the negative, that he would not have
the right to canvas the Borough, solic-
it orders and deliver the liquors at some
subsequent day; it appears to me that
this would be a sale actally made and
finally consumated off the premises for
which the license was granted.
AS to your third and fourth question,
l would say that he has no right to
take an order and make an immediate
sale, nor mas he any right to peddle his
drinks in ANY way at all in your Bor-
ough.
ALLEN B. ENDICOTT.