The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-02-26

mayor, or other chief executive. of said
town or city. For neglect of business, In
competency, misfeasance or malfeasanee in
office, dispenser may be impeached by
the legislative, or governing body of said
town or city of which he is dispenser, and,
for cause. to be judged of by said body,
said dispenser may be removed from Of
fee. Whenever a vacancy occurs in said
office from any cause whatever, the mayor
or other chief executive of such town or
city shall certify that fact to the judge
of probate of the county in which said town
or city Is situated Said judge shall i'm
mediately call a meeting of the court OF
county commissioners or board of public
revenue of his county and said court or
board shall furnish to the said mayor or
chief executive for selection as aforesaid
to fill each vacancy the names of three
men having the aforesaid qualifications for
a dispenser. and from these three names
tho legislative body OF said town or city
shall elect dispenser to fill the vacancy.
Sec. A. The legislative or governing body
of the towns and cities in which dIspen-
saries may hereafter be carried on shall
pay to their several dispensers a salary
which shall be fixed by said body before
the dispensers are elected. Said salaries
shall not be less than one hundred dollars
per annum nor more than three thousand
dollars per annum, and shall be paid in
equal monthly installments on the first day
of each month. Said Legislative body shall
not make or permit the amount of said
salary to depend on the amount of sales
that may be made by its dispenser or dis
pensers.
Sec. 8. The dispenser shall not sell any
liquor of any kind in any quantity less than
one-half pint. He shall not make more
than one sale to the same person in any
one day and he shall not make any sale be-
tween the hours of p. m. of one day and
a m. of the next day.
Sec. 6. Said dispenser shall not himself
drink consume, or give away liquor of
any kind, or in any quantity. on the prem
Uses on which said business is conducted.
Said dispenser shall not permit or suffer
any person whomsoever to drink, consume,
or give away any liquor on said premises
But this section shall not be construed so
as to prohibit the dispenser, or some en-
ploye designated by him, from sampling
liquors which he may contemplate pur-
chasing. Said dispenser shall report to the
grand jury any one whom he believes TO
be guilty of violating the provisions of this
section.
Section Z. Any person who drinks or con-
sumes any liquor on said premises, except
as permitted in. section six go of this act,
shall be guilty of misdemeanor, and on
conviction shall be fined not less than If
teen nor more than one hundred dollars.
Sec. s. The dispenser shall not sell any
spirituous. vinous, or malt liquors. or in
toxicating drinks of any kind that are not
contained in sealed packages. He shall not
receive, or keep any broken packages in his
dspensary. If any original package should
be broken, the contents shall at once be
bottled and the bottle sealed.
Sec. 8. The dispenser shall buy and sell
for cash only. He shall keep an accurate
account of his purchases. and the amount
OF each days sales He shall make to the
legislative body of the town OF city in which
he is conducting dispensary weekly re-
ports on such forms, and under such direc-
tons, rules and regulations as the said
legislative body may require, and he shall
give full and accurate information as to
the condition, expenses, profits, losses and
status of the business. He shall make
other and additional reports oral or in
writing, whenever, and as often as, the leg
islative body of his town or city may re-
quire. Subject to the provisions of this
act, said legislative body shall regulate and
control the conduct and management of said
business. On the first day of January of
each year the town and cities doing bust
ness under this act shall pay for each dis
pensary severally operated by them to
the treasury Of the state, as q license tax
for the current year. the same amount of
money that in the year 1898 was required by
law to be paid by retail liquor dealers in
said several towns and cities. On the same
day said towns and cities shall pay for each
dispensary severally operated by them to
the treasures of the several counties in
which they are situated, as a county
license tax for the current year. the same
amount of money that in the year 1898 was
required by law to be paid by a retail
liquor dealer in said towns and cities.
Sec. TO- No spirituous, vinous, or malt
liquors, or intoxicating drinks shall be sold
in any county In this state in which dis
pensary is authorized to be located. except
as herein provided. But nothing in this
act shall be so construed as to prevent any
person who manufactures spirituous, vinous
or malt liquors in a brewery or distillery
from selling the same by wholesale in
sealed packages to dispensers or to liquor
dealers who may be otherwise authorized
to sell such liquors. Any person who vio-
lates the provisions of this section shall be
guilty of a msdemeanor and on each
conviction shall be fined not less than fifty
nor more than one hundred dollars.
Sec. IL. Each county whose county seat
is not an incorporated town or city shall
conduct at it's county seat and through its
courts of county commissioners or board of
public revenue, one dispensary subject to
the terms, conditions, privileges and re-
strictions herein given to and required Of
Incorporated towns and cities carrying on
dispensaries. On the first day Of January
of each year, said county shall pay into the
state treasury as license tax for the cur
rent year the same amount of money that