Amador ledger., 1901-06-21
AMENDED LICENSE ORDINANCE.

There seems to be a very erroneous
impression abroad concerning the eff
feet of the amended ordinance relating
to retail liquor licenses, published in
another column. AS we understand it,
the intention of the supervisors in pass
ing the ordinance was to place all per-
sons engaged in the liquor business on
the same footing. regardless of whether
the business is conducted within or
without the limits of town or village.
Under the old ordinance retail liquor
licenses are divided into two classes.
Namely, for those doing business with
in a town or village, SIS per quarter;
and for those outside the limits of a
town or village, $3.50 per quarter. In
asmucb as the numbe of wayside
saloons was on the increase out of all
proportion to the growth of the county,
or the demands of the travelling public,
it was thought advisable to change the
ordinance, reducing all retailers to one
| common level, as regards the amount
of the license tax to be paid to the tax
collector. The ordinance, as we under
stand it, was amended to accomplish
this end. But the question arises,
Does it do so? We are free to say that
we are utterly unable to place any such
construction upon the new ordinance.
On the contrary, instead of imposing
an increased license tax upon wayside
saloons, the effect of that ordinance, in
our humble opinion, is to relieve all
wayside places from the payment of
any license whatever. Indeed. it is a
serious question, whether the law as
amended is not so repugnant to the
provision of the constitution which re-
quires uniformity in taxation as to be
fatal to the entire system of retail
liquor licenses in this county. Can a
law stand the test of the courts which
requires $l5 per quarter from certain
business men within the town limits,
and nothing from those conducting the
same kind of business outside those
limits? This, however, is matter
that must be left to the courts to de-
termine.
Let us carefully consider the amen
ded ordinance in question. That ordin-
ance takes the place of section 20 of
the old ordinance, which section is the
only portion of the ordinance which
specially concerns the retail liquor bust
ness. The amended law therefore,
purports to be, and is in fact, a COM
plete system OF retail liquor licenses.
1t makes two important changes.
First, it requires every liquor dealer,
before commencing business, and after
license has been granted, to file with
the county clerk bond in the sum of
one thousand dollars The second
change is the all-importaut one. This
is change of omission.
The following clause of paragraph I
in the old law is absent from the amen
ded law:
Provided, that any person or per-
sons who sells at retail such liquors
or wines at any way tavern or public
watering place on any thoroughfare
outside the limits of any village, town
or city, shall pay seven and one-half
dollars per quarter.
By striking out this clause, and leav-
ing the clause relating to business
places within town limits exactly as it
stood in the old ordinance, the law
leaves wayside places absolutely unpro-
vidsd for. By no stretch of the mag
ination GAG the words, within the
limits of any village, town or city in
the county of AmadGr," be made to
embrace the entire territory OF the
county. The language had no such
meaning in the old ordinance. Indeed,
the distinction was squarely drawn be-
tween town and country, and it cannot
now be claimed that such restricted
language can be given q general and
unnatural Interpretation. The first
part of section 20 makes it unlawful for
ANY person to carry on within the
county of Amador auy bar without a
license.' But the imposition of license
of $l5 per quarter is confined to houses
within town or village limits. No
doubt the supervisors will take steps to
fix the ordinance SO that there will be
| no ground for dispute. AS it now
stands. the county revenue is likely to
be seriously affected, as wayside saloons
are not likely to submit to increased
license unless the law explicitly requires
| them to do so.