The sun. [volume] (New York [N.Y.]) 1833-1916, 1896-04-23
POLICE AND FAKE HOTELS.
CORPORATION o. UNsBL SCOTT IN
TERPRETS THE Ia

Conlin which directly affects the mushroom
hotels, and which will be read with great in
terest by the proprietors OF saloons who have
thought to dodge the penalties for Sunday LIQUOR
selling by securing hotel licenses. The Chief OF
Police Informed MIR. Scott that nearly two hum
dred new hotel excise licenses have been issued
recently to persons who have heretofore been
doing business with saloon licenses. lie also
said in his letter that there seems to be ground
for the opinion that In some cases. apart from
an apparen. compliance with the law as to tho
feeding and lodging of guests, such places are
no more hotels now than they have ever been:
and also that the changes were made or asked
for to enable the proprietors Of these places to
keep them open and sell liquors on Sundays and
on other days from l to o o'clock A. NJ.
The Chief asked IL IL Is the duty Of the police
70 take any action regarding these saloons
which have secured hotel licenses from the old
Board, or which may assume hotel privileges
under the Raines law after May /. lie also
asked II the possession OF the hotel license Is
conclusive evidence that the places licensed are
hotels within the meaning OF tho law. The
Corporation Counsel. in his reply. says: I'm my
opinion the possession of All hotel license issued
BY the present Board VI Excise is some evidence.
although by no means conclusive. that the per-
son holding 1t Is the proprietor of an hotel.
within the meaning of the Excise law
He cites the law under which the present Ex-
else Board grants hotel licenses. and speaks OF
the care which the Commissioners take to as
certain that the legal requirements are COM
piled with before they grant the license. That
such care Is taken. he says. carries with 1t a pre-
sumption that the law has been compiled with
In every case, but, as the Commissioners have
to act on information. and that information
may be erroneous, 1t cannot be said that the
possession OF a hotel license can in any legal
sense be considered As Conclusiye eyidence that
the holder does in fact keep a hotel. He says:
Your may therefore,. in each case, inquire into
that fact. and II you should find in any case
that a person. although holding an hotel license,
has not In fact the necessary accommodation
for guests. the license will be no protection to
him. and you will be justified in treating him
as II he had no license whatever"
Mr.. scott adds that the duty OF the police
VIII be more plain and probably more difficult
hotel license or tax certificate issued. and hotel
proprietors will assume to take the special
privileges permitted to them under the law on
the that their places are in deed and
truth hotels within, the meaning OF the law.
so far as the hotel proprietor is concerned
says MIR. scott. the restriction upon the sale Of
liquor on sundays. and between the hours of
and 8 A. NJ, are practically abrognted. He may
sell liquor during those times. as to which all
other persons are, prohibited from selling. to
the guests of such hotel, with certain exceptions
not pertinent to your inquiry, with their meals,
or in their rooms or apartments therein. but not
IN the barroom or other similar room in such
hotel.
" 1t is a matter of common knowledge that "A
liquor traffc in this city Ind a considerable and
enticing profit in the pursuit of that, trade on
great number OF those who will pay the tax
specified in subdivision one of section IL will
seek to bring themselves under the definition OF
o hotel keeper" i
The Corporation Counsel then quotes the def
milton of q hotel as given in the Raines law AS
THE term hotel, as used in this act. shall
mean a building or place ThiGh is regularly
and in which there shall be at least ten fur
nished bedrooms for their occupancy il situate
III any city, Incorporated village, or within two
miles of the corporate limits OF either"
He dwells on the tact that the hotel must be
lodging OF guests, saying: 1t will not be SUI
ticient that it is SO kept open on sunday or be;
kept open. which I understand to mean that 1t
shall be so kept open every day. and at all usual
kept open Tor the feeding and lodging of
guests which understand to mean that it
ances necessary to provide its guests at Gus
tomary and convenient hours with meals of the
or the requirement that there be ten fur
nished bedrooms. he says: Il understand this
of separate apartments, and that each must be
provided with Sufficient bed, bedding, and bed
ably within the meaning of the term furnished
q hotel is next discussed; Just who are to be
considered guests is by no means an easy
question TO determine says Mr.. scott, ~ but | |
think it is clear that the Legislature did not in
tend to include in this term persons who resort
to a hotel, solely for the purpose of drinking,
s sssn sh OF food they go through the form of par
A Massachusetts case in which the proprietor
of an alleged hotel required all his guests
on. Sunday to eat before he would sell them
drinks is cited. In this case the Appellate Court
affirmed the conviction Of the take hotel man,
holding, that the term guest" was to be linn
fed under nn' ne he, statute tsd% snt e persons W who resortsd
sons who went for drink and were compelled to
cat. =" do not know that this precise question
doubt that, II an attempted evasion OF the stat
ute should be proven, the same exposition OF
the law would be given by our courts says the
Referring to the right Of the police to visit
shat In suspected cases they make frequent use
OF this authority for their own protection. 1T
many attempts will be made under the color OF
hotel keeping to avoid the generally stringent
impossible to anticipate the many questionsthat
are likely to arise; ! can only advise you gener-
provisions OF tho statute. that, in ali doubtful
and suspicious cases. not 80 clearly violations as
BY your oficers should be promptly brought to
the notice Of the District Attorney by sworn
The hotel fever has died out within the past
two or three days, Not a single license was
granted by tho Board Of Excise yesterday. and
Assuming that the new excise authorities
work incident TO applications and bonds to be
nled before q tax certificate will be issued. as
the old Excise Board did, liquor dealers who
have called at Special Deputy Commissioner
billiards ONCE to make application have been
surprised to be informed that Mr.. billiard will
BIO pleased TO consider applications when they
are filed with the bonds; that he has nothing to
do with the making OF applications. tho appli-
cants having 10 attend to that matter at their
own expense.
The result has been that applicants have had
10 go to attorneys and to surety companies, who
attend TO tho matter for them for a fee. surety
companies have been printing blank applica-
tons and bonds, and have offices, fully equipped
y attend to all OF the application work. This
! iii greatly simplify the work OF Mr.. billiards.
bureau and lessen Its expense: Al the same
time 1t will dispense with a little patronage