The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-03-09
BEER IN CONCERT HALLS
CORPORATION ATTORNEY MARK
HAM GIVES AN OPINION
Mayor DOran Learns Finally That
There Is No Law to Prevent Civ
Ing Concerts Where Liquor Is
SoId-But Liquor Can Only BE
Sold In the Olympic Bar.

In view of the numerous complaints
regarding the operation of concert halls
and the sale Of liquors in the rooms
where stage performances are carried
on, Mayor Doran recently wrote to the
legal department Of the city for an
opinion.
Yesterday Assistant Corporation At
torney Taylor forwarded to the mayor
an opinion which is given in full here
with:
In answer to your recent inquiry regard
ing the lawfulness of saloonkeepers run
nlng a concert or play in the same room
for which saloonkeeper has a license to
sell liquor; and upon the rights of the
proprietor of the Olympic theater to sell
liquor outside of the room in which the
bar is located, and in the theater room, 1
have the honor to advise you as follows:
First know Of no act of the legisla-
ture or ordinance of the city which pro-
hibits the giving Of concerts or exhibitions
or any kind upon the stage in a saloon
unless it is Of such an indecent character as
to come within the prohibitions of section
of ordinace 1495, approved Feb II, 1891,
which prohibits the performance of indie
cent plays. and play Of that character is
unlawful whether given in a saloon or any
other place.
Upon the second proposition, I have to
advise you that section 2O18 of the General
Statutes of 1894 provide as follows:
All licenses issued by the county COM
missioner or by the authorities of any city,
corporation, for the sale of intoxicating IL
quors, shall contain a description of the
premises and room where such liquors are
licensed to be sold, and any person so IL
censed, who shall sell, barter or give
away any intoxicating liquors outside of or
in any place other than the room so named
shall be guilty Of a misdemeanor, and
shall be liable to all the penalties provid-
ed in this act, or under any law of this
state, for selling liquors without license"
In October. 1897 Bernard Edelstein ap
piled for license to sell liquors at ''176
East Seventh street, in the front room on
the street floor of two-story brick building,
in the city Of st. Paul"
I understand the description in the license
of the premises within which Edelstein is
permitted to sell liquors under the license
corresponds with the quoted language Of
the application.
In the building occupied by the Olympic
theater there is but portion thereof
that is occupied as a saloon. The Olympic
theater is situated the south side of
Seventh street and faces north. A wide
entrance opens out upon the street and ex-
tends backward through the building in a
southerly direction to large room in
which is the theater. To the west of the
entrance and the theater. and with door
opening out into the street and also a door
into the hallway and entrance of the thea
ter in another room; in this room is the bar
and there liquors sold by virtue of this
license.
The barroom is no part Of the theater
nor any portion of the entrance to the thea
ter. but is a separate and distinct room,
and is the only front room on the first floor
of the building that there Is. The only
other portion Of the building with an open
ing on Seventh street on the first floor be-
ing but a hallway entrance, through
which persons pass In going to and from
the theater.
1t appears therefor to me that there can
be no question that the description in the
license Of the front room at 176 East Sew
enth street, means the small room just west
Af fhonf tran yuhn rn
now sold.
That being the case, If any liquors are
sold outside of that room whether In the
entrance to the theater or inside the thea.e r
itself, or in any other portion of the build
ing except the said front room, it is vio,a-
ton of the statute and the person so SELL
ing liquor becomes liable to the penalties
imposed by the statute for selling liquor
without license.
When say that liquor cannot be sold out
side of this room, mean that liquor cannot
be delivered outside that room, for in my
view Of the case a sale Is not completed
until the liquor is delivered, whether it be
paid for by giving the money, to waiter
paid for at the bar. The delivery of liquor
to persons outside of the room where it is
permitted by license to be sold, is a sale
outside, of that room within the meaning
OF the law.
Mayor Doran, after perusing the let
ter, called Chief Goss to his office and
held a conference with that official
Asked what action if any would be
taken regarding the Olympic, the mayor
said:
'The manager of the resort will be
notified of the law as laid down by the
corporation attorney and will be in
structed that the statutes will have to
be complied with. What will be done
if the violations continue remains to be
SEEM
A member of the Christian Citizen
ship league said last evening: '"There Is
something very peculiar in the attitude
which the mayor and the police assume
regarding the concert halls, and par
ticularly the Olympic theater. Several
months ago when one or two concert
halls were opened the police, acting un-
der instructions from the mayor, closed
the resorts and obliged the proprietors
to quit the business. He didn't want
any opinion then. Now his gets an
opinion and finds that the action then
was arbitrary and questionable"
In the case Of the resorts now run
ming the mayor had practically ac-
knowledged that he could do nothing
without an opinion from the city attor-
ney. Now that this has been secured
we shall see what we shall see"