The Monticellonian., 1903-01-01

| benefit of any person who may be in | jured by his wrongful act as such dis penser; which bond shall be conditioned | that he will hold the town or city harm | less on account of any wrongful act | done or suffered by him in his official capacity, and that he will pay all fines and judgments rendered against him | on account of any violation of law. or wrongful sale of liquor For neglect 1 of duty. incompeteucy, misfeasance or malfeasanCe in office or for any other violations of the laws of the state or of | town or city where the dispensary is situated. relative to or for the regula= tion and control of the sale of liquor. | said dispenser shall be impeached and discharged, and the council may dis | charge him at any time for incompe- | tency or for any other cause which they | may deem sufficient. and declare the office vacant When6Ser vacancy oe- CUTS in the office of dispenser, for any | cause. it is hereby made the duty of the mayor of such town or city to certify that fact to the judge of the county court. and the judge shall at once cer- | tify to the council the names of three men, having the qualifications as herein | provided, from which names the coun- | cn shall fill such vacancy.
 Sec. 1. The council of any town or | city establishing a dispensary shall be- l fore commencing active operation of | the same, prescribe and fix the salary | oI 6dGil diSptilStI ioi tiiCtt AbWll Oi Nit9 q and such salary sosMnade shall not be
 more than two th1eSsand dollars per annum. and is iS be Ep55d monthly. and shall not be made. many case, to de | pend for the amount thereof on the amount of sales made at the dtspen- sary. or on any other contingency. eN-
 eept that if any dispenser shall violate | the liquor laws of the state or town,
 then he shall forfeit all amounts due him for wages, and the same shall not
 be paid.
 Sec 5. No liquor or any compound | or preparation thereof. shall be sold at said dispensary in quantities less than one-half pint, There shall be but one | sale during the same day to the same 1 person, and no sale or delivery shall be made at any time. to q habttual drunk | ard nor to any person who at the time | is visbly under the influence of liquor,
 nor to any Indian: and no sale shall be made to any minor, except on the writ | ten order of his or her parents or guar | dian. and no sale or delivery shall be
 made on such order. unless it bears l date of the day on which presented. 1 Sec G Each and every dispensarY l operated under this act shall be closed at sundown each day. and shall remain | closed until sunrise on the next day. and they shall remain closed on Sunday and no one shall be allowed to enter | therein on that day DiSpensaries shall 1 also be closed on all legal election
 days and such other days as the coun- 1 ciI may order The dispenser shall 1 not drink or consume or give away any | liquor on the premises where the dis | pensary is situated; neither shall he suffer or permit any other person to open drink. consume or give away any | liquor on sucn premises. and the dis- 1 penser shall not. under any preteXt 1 whatever either ill person or through any one else. deliver any liquor, to any l dad hEF 1 the dispenser may sample such liquor as he may contemplate purchasing, on | the premises. and may allow members
 of the council to do likewise
 Sec. |. Any person who shall open.
 drink. consume or give away any liquor
 or who shall offer to open. drink or give | away any such liquor on the premises | where the dispensary is kept, shall be | adjudged guilty of a inisde meanor, and on conviction thereof shall be fined in any sum not less than ten dollars nor more than one thousand dollars; pro- | vided. that if the dispenser shall violate the provisions of this act. he shall. on conviction thereof. be fined in any sum 1 not less than two hundred dollars nor
 more than one thousand dollars, and shall be confined in Jail for d period of not less than ten days nor more than | thirty days
 Sec g. The dispenser shall not sell any spirituous. vinous or malt liquors. 1 or any compound or preparations there 1 of. which are not contained Tn sealed | D ckages; he shall not keep or allow to
 b. kept in the dtspensary any broken l pt ekages, and when an original package
 is broken for any purpose. he shall at | once cause the same to be put up in | bottles or jugs and securely sealed,
 Sec 9. All sales made at the dis l pensary shall be made for cash and 1 cash only. and the dispenser shall keep | lon, trs,ta tf q
 sales. and shall make to the council of i his town or city weekly reports of such | sales under such rules and regulations | as the council may make. giving full, | detailed and accurate information as | to the expenses. profits. losses s.nd general condition of the dispensary | Subject to the provisions of this act. | the council of any city or town oper. ating diSpenSarY shall have and they
 are hereby given power and authority l to pass such ordinances and make such | rules and regulations for the control,
 regulation. management and operation
 of their respective dispensaries as they
 may deem most expedient. And the 1 said councils of the respective towns 1 and cities wherein dispensaries are op- erated shall on the first day of Jan uary of each year they may cause the
 same to be operated. pay the govern 1 ment state and county license. as Is at 1 the time required of individuals .n.
 gagged in the liquor traffic.
 Sec. 10. No spirituous, Vinous or malt l liquors or beer. or any compound or | preparation thereof, shall be sold. | other than in the dispensary. within five | miles of the limits of any city or town | wherein a dispensary has been est th- 1 lished and 1t is hereby made unlawful | for the county court to grant license to | any one to sell liquors within such i limits during the continuance of such dispensary; provided. that nothing here | in shall prohibit manufacturers from | selling in sealed packages to dealers | i'll liquor or dispensaries. as is now 1 authorized by law. and any person who shall sell liquor. beer or wine or any compound or preparation thereof, with l in such limitse in violation of this act, | shall be adjudged guilty of a misle- | meanor. and on conviction thereof. shall | be fined in any sum not less than two l hundred dollars and shall be confined | in jail for period not less than sixty days nor more than six months.
 See. II. The matter of establishing dspenSarY districts under this act shall 1 be under the direction and control of l the county courts of the respective eoun- l ties of this state. where such dispensa- | ries shall be sought to be established; and no such dispensary shall be or dered and established by such court until there has been filed in such court | a petition. signed by majority Of the | householders, who are also freeholders