The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-12-18

upon blank forms to be furnished BY tut
comptroller.
Art, 5oo0h.. ANY person. firm or association
of persons desiring TO engage In the sale OIL
spirituous. vlnous or malt liquors, or meal
Gated bitters capable OF producing intoxiea-
tion. TO be drunk on the premises, snail, be,
fore engaging In such sale, be required to
enter into bond In the sum Of sSVvV, with al
least two good, lawful and sufficient suretles,
payable to the State of Texas, TO be approved
by the county Judge, conditioned as follows:
"a That said person, firm or association oil
persons SO selling spirituous, vinous or malt
liquors, or medcated bitters capable OF pro-
ducing intoxcation. In any quantity. TO be
drunk on the premises. shall Keep an open,
quiet and orderly house or place Tor the sale
OF spirituous vinous or malt liquors. or medi-
Gated btters capable of producing intoxica-
ton.
(g That such person, firm or association OF
persons, or his or their agent or employe, Will
not sell or permit to be sold in his or their
house or place of business, nor give nor per-
nit to be given, any spirituous, yinous, or
malt liquors, or indicated bitters capable
Of producing ntoxication, to any person under
the age OF u years, or to student of any
institution of learning, or to any habitual
drunkard, or to any person after having been
notified in writing through the sheriff or
other peace officer, by the wife, mother,
daughter or sister Of the person. not to sell
TO such person
go That he or they will not permit any
person under the age OF Il years to enter
and remain In such house or place of BUSH
hess.
az That he or they will not permit any
games prohibited by the laws of this State TO
be played. dealt or exhibited in or about such
house or place of business.
(5) That he or they will not let or rent any
part of the house or place of business III
which he or they have undertaken to sell
spirltuous, vinous or malt liquors. or medi-
Gated bitters capable of producing intoxica-
ton, in any quantity to be drunk on the
premises. TO any person or persons for the
purpose of running or conducting any game
or games prohibited by the laws OF this State.
90 That he or they will not adulterate the
liquors sold by them in any manner by mix
Ing with the same any drug
"a That he or they will not knowingly sell
give away any impure or adulterated
liquors of any kind. Said bond shall be filed
In the office of the county clerk OF the county
where the business is conducted, and shall be
recorded by such clerk in a book to be kept
for such purpose. For recording same the
clerk shall be entitled to fee of 10 cents.
said bond may be sued on at the instance
of any person or persons aggrieved by the
violation of its provisions, and such person
shall be entitled to recover the sum of $500
as liquidated damages for each infracton Of
the conditions of such bond. Said bond shall
not be void on the first recovery, but may be
sued on until the full penal sum named shcre-
in shall have been recovered Any person.
firm, corporation or association of persons
dealing exclusively in malt liquors shall be re-
uuired to give bond only in the sum of $1,000,
which bond shall contain In addition to the
above requirements the following condition:
tS That ii any character of liquor other
than that of malt be sold on the premises tho
obligors upon such bond shall become liable
TO the State and county, each, in the SUM of
500, for each and every such sale, and re-
coveries may be had on such bond until it
shall have been exhausted.
In addition to civil proceedings for indi-
vidual injuries, brought on said bonds as
above indicated, If any person firm or asso-
conditions of the bonds herein required, it
shall be the duty of the district and county
or either of them to institute suit
in the name OF the State of Texas for the use
and benefit of the county, and the amount OF
$500 az penalty shall be recovered from the
principal and suretes upon a breach OF any of
the conditions thereof. Whenever the first or
Subsequent bond as herein required is eX-
hausted by suit at the instance of indi
viduals. or for the use of the county. new
and similar bond shall be given and approved
further pursue the business of liquor dealer. |
In case suit is pending on any such bond and
the county or district attorney shall make and
hle an affidavit with the clerk of the county |
court that he believes the bond of the defend |
ant will be exhausted by said suit. the clerk |
shall at once notify the liquor dealer thereof |
and 1t shall be the duty of the liquor dealer |
within twenty days from the time the bond |
Is exhausted, or, in other event. within twenty I
days from the time notice is given, to give |
a new bond similar to the bond first given to
be approved in the same way Until such
new bond is given and approved, when it is /
required by this chapter the liquor seller
shall not have the right to further pursue the
business Of selling liquors, Any person, firm
or association OF persons who shall sell liquors
IN any quantity TO be drunk on the promises,
without first giving the bond or the new Il
BOND, as required by this chapter shall be
deemed guilty OF misdemeanor and OH CON
victon shall be fined in the same amount
provided for in cases where no license has
been obtained. IAN open house." within the
meaning OF this chapter is one in which 10
screen or other device is used or placed either
inside or outside of such house or place of
business FOR the purpose of or that will OBJ
'truct the view through the open door or
place where Intoxicating liquors are sold to
De drunk on the promises. "A quiet house :"
y place OF business In the meaning of this L
, ,nil3 is one IN which no music, loud or
lolsterous taking yelling or indecent or vul-
gar language is allowed. or any other noise
calculated to disturb or annoy any persons
esidlng or doing business in the vicinity of /,
ucn mouse or place of business or those mass
hg along the streets or public highways By
an orderly house" is meant one in which no
eva or prostitute woman or women are al Z.
'ISeS 10 enter and remain, 1t is further pro-
.iuea mat said house must not contain any ]
ulsai OF obscene pictures. Amy surety upon s
i ueh POND may relieve himself from further i
,dSi'i.y .hereon by giving the principal in I
onger remain as surety on said bond and by S
lllhg with the county judge an affidavit that
u aen notice has been given, aud if within Ave
ond, he shall cease to pursue said business |
mn, new bond is given. Any person who I
nan continue TO pursue said business after Y
uch afhdavit is filed, shall be puilfy Of n [
nlsnemeanor and shall be punished as nro-
ured mas peen pro-
Art. 9VtOi. An ''habitual drunkard." within
ne meaning of this chapter, is one which s.
aa .s. u habit, or who habitually becomes II
Ha ". by the voluntary use of intoxicat- La
W liiuorsi and In all suits for the breach Of hi
WI sond tor unlawfully selling to an hab.
, nnh uIunKard, the question whether or not p
W. person is an habitual drunkard shall he il
ese ui.heu ny the court or Jury trying such o.
use, as any other fact "NoA il
: A nj, oueVl. The provisions OF this cbanter 81
aai II, nol apply 10 wines produced from grapes u
M, tnas state, while the same is In the hands a
A.. tmnsonuucers or manufacturers thereof a
: Ha ss UoDok Every person. firm, corporation II
aasociation OF persons. before engaging in Il
he sale OF sprituous, vinous or mali ilnnors ~ Il
Hieaieated bitters capable of producine in, CT
oA,eation, IN any county subdivision az n te
hutny Justice precinct. town or cItv In nj
LIN i9cai option is In force, shall enter ;r,n II
o1iiu IN tue sum OF $500, with M Ieas, tue M
~, ~ ana suthcient sureties, payable tn tbe OF
90 Vi iexas, To be approved by the county II
'use Oh !he county In which such saIas or, m
ne made. conditioned as follows. &C al
49,, ~ mat said person. firm. cornorat,on al %,
lIsoeiatlon Of persons so sellInr sntr,,,a'. st
,noI OF malt liquors. or medieated hitters ir
4, niaS ~; OF producing intoxication will MI 4,
IN any quantity except on the prescrIns la
resesa y regular praeticlng physician nd p,
ssoe,s,ieeo such person, Arm CORPORATION or m
amer IN H., ot persons, written in ink on whIts VI
lisd nn mn nandwriting OF such physician. 81