New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-04-23
HOTEL LIQUOR LICENSES.
PRIVILEGES AND EMISSIONS UNDER THE
RAINES LAW.
AZ OPINION BY THE CORPORATION COUNSEL
THE LEGAL DEFINITION OF HOTELS"

THE LEGAL DEFINITION OF HoIEi~'
AND GUESTS"
cornor,t,on Counsel Scott sent an important iet'er
Yesterday 10 Peter Conlin Chief OF Ponce repS,s
70 the chiefs questions regarding the duty ., VI.
o,,ao IN reg,rd TO inward Of two hundren hquo'
dealers who have heretofore heid Saloon '0,
but have had such licenses Changed OF nav "pp
70 have them changed. to hotel licenses m."' -
,bane narsons are believed TO have sought III"
change TO enable them to keep their places ope" ~
coll I,ouor IN Sundays and from to O'CLOCK d. HI
Tho chief asked to be advised whether IL IS inc o"y
OF the police of the city TO take any ac'io" =,
ing such Of these places as may DE III po''es
n hotel license issued either by the present i
Of Excise or after May next under the new i"quo'
Tax law: or II the mere fact that perso"s "a'
bote, lcense 10 conclusive evidence that their pooe'
so licensed are hotels within the meaning VI .'A'
norton of section 81 OF the Liquor TAX III" WIN"
defines the term hotel ,,., 49,,
In hLs reply the Corporation Counsei oeeia'eS &c
the possession Of either hotel license issued w
the present Board Of Excise. or liquor TAX $50
cato Issued by the new State Department OF E.-
else is n ot conclusive evidence that tne peieo WI
ing the same Is the proprietor OF hotei anu GU"
tied to sell liquor on Sundays ana petwee" =
q m He instricts the Chief OF Pohce 'ha' II No w
duty of his force to inquire whether the law 80
inc % the keepng of hotels has been fully comped
nit, nv the proprietor and whether or not INC
license or certificate has been obtained ior 'ne "o'
AIDE purpose of keeping a hotel FOR the leeun'e "
lodging of guests simply to allow 'he hoioei -
sell liquors during the hours prohibited 10 Saoo"'
II The police find that the alleged ho'el 10 p.,
q cloak for liauor selling otherwise Illegal they are
20 mako arrests or take such other action as may
lead to the punishment OF the guilty parties
PROPER HOTEL ACCOMMODATIONS
Mr.. Scott in his decision. says:
The law under which the present Exc.fs sss,,e
grants licenses makes especial provision ior ane ssu
~ licenses 10 Inns taverns and hotels nav'n3 ~
in city, least ten BEDROOMS nor e any person
unless he be 'of good moral character appro'e' W
''f am informed that before acting upon an applea
,,a Tor hotel license the present Board OF Excise
p ,6d Snh f the Applicant bu
also whether or no ne das ,ba ~, IL refuses TO
g sn such a license unless satisfied upon mes
points Therefore the fact tnat sqGn u presImp-
lion That the requirements OF the statute nav 90
compiled w', aach case upon Information furnished u
II ana such Information may be err2heousi ~ h IN
INV nroper legal sense conclusive evidence ,na' VIZ
| holder thereof has In fact the necessary w." ''
ro ynn NAV therefore in each inquire INTO mar
fact and II you should hnd In any case ina, pot in Fact
he necessary accommodation for guests the csnSS
VIII be mo p sim as he had no license whaeysr
~ s have said special form OF recep, y ~ ~ -,
,',,v can he made by the officer issuing the re-
ceipt as TO whether the person paying ,ne , o viii
hersore aided by such as By the
in the Of the issue OF nO,ei nSe dgs Of each
rase according to the facts which they are aD's 10
icr Tax act defines the term hotel as
used therein and this definition 80 iar a. ,ns
visions Of mat Act srs boe as used in this
shall mean a building or place when u mas,.
kept open for the feeding ana I9as tes furnished
Scdrooms their cccupancy I s ,w miles II a" 81
city Incorporated village. or within TWO 'n''e VI
| m
REGULARITY OF BUSINESS
| rAo ara, rocu,rement is that the building or
| ,ace .shau he regularly kept open for the feed
! ing and lodging OF guests" 1t VIII not be sum
| Client that II Is so kept open on sunday. OF oe
tween and a. m. but that II Is regularly kept
OPEN which understand TO mean that u sn co ne
yenient hours. 1t must also be regularly s rep:
open for the feeding and lodging OF fneS SON
which | understand 10 mean that II must pe 80
stantiy furnished with the appllanres r,riar,
| hours with meals OF the general character usu-
| ally furnished Ivy hotels. -, .,o, ,,us,
| oon.s,n AZ least ten Furnished bedrooms for the
occupancy OF its guests ! unarrs,snc r ,ns ~
smD,r,,e apartnents and that each must be pro
,l5sJ with sufficient bed. bedding and bedroom tar-
nltnre I" ea rs ~ The term furnished bedrooms
You viii observe that the only persons 10 , ~mor
on sunday and between and a. m are .ns'
guests" Just who are to be consinsrer ,r'nine
"a lN ID -,
hu, think II IL clear that the Legislature ga nor
| t,,end IN include In this term persons VINO T.
| snr, IN a hotel solely for the purpose o. drink
| ing cvcn though they may go through the lo''"
OF partaklng Of FOOD.
GENERAL INSTRUCTIONS
| II Is Inevitable that many attempts VIII We '"""7
| under color OF bookkeeping, TO avoid the geh'r-
| ans, s,ringent provisions OF the Liquor Tax law.
and II is quite impossible 10 anticpai" the many
| questions that are likely TO arise. can ony az
vise YOU generally as have already dohe reS"' -,
doubtful and suspicious cases. not so ciearS ~
l,tions rs 10 Justify summary arrests. IN" "a, :
nSor,oJ hv your officers should be promptly
brought 10 the notice OF the pisirict-Attorney ps
sworn statements under the provisions OF se'"o"
81 OF the act