The Hawaiian gazette., 1905-04-11

q
"Section 2. The Treasurer of the
Territory shall grant to any person,
co-partnership or corporation applying
therefor, and complying with the re.
strictions and conditions hereinafter
prescribed, licenses of the following
classes
In Section 2, in line Z, strike out the
words Zone thousand dollars ($1OO0)''
and insert in lieu thereof tho words
81 FIVE dollars ($5.O0).
I In Section Z, in lines to 10 there
of, strike out the words "nor to any
person who in the opinion of the
Treasurer or Governor is for any rea-
son other than those above specified
unfit to receive such license.''
In Section z, line s, after the word
"provide" insert the following words:
Nor to any person who has been
convicted of a felony, of gambling or
of gross cheat, or to person who
knowingly has in his employ person
who has been so convicted; nor shall
license be issued for any building or
premises within two houndred feet of
a building occupied exclusively as a
place of religious worship or a school
house, the measurements to be made in
straight line from the center of the
nearest entrance of the buildings used
for such place of religious worship or
school to the center of the nearest en-
trance of the place in which such liu-
uor traffic is desired to be carried on;
provided, however, that this latter pro-
hibition shall not apply to a place
which on the 18th day of April, 1905,
was lawfully occupied as hotel nor
to place in which such traffic in liu-
uors was lawfully carried on at said
date; nor shall any Incense be issued
to any person against the written pro-
test of majority of the registered
voters for the precinct within which
such person proposes to establish his
business; nor shall license be issued
for any premises without the written
consent of a majority OF the property
holders within distance of 1000 feet
measured in straight line from the
nearest point of the premises for which
the license is asked to the nearest
point Of each of the surrounding prop
critics, which consent shall be acknowl-
edged as are deeds when entitled to-
record and filed with the applications;
provided, however, that such consent
shall not be required as to places which
on the 18th day of april, 1905, were
lawfully occupied as hotel nor places
where on said date the traffic in liquors
was being lawfully carried on. When
ever the consent required by this Sec
ton shall have been obtained and filed as
, herein provided, unless the same shalP
be given for limited term, no fur
Their or other consent for trafficking in
liquor on such premises shall be re-
, quired so long as such premises shall
, be continuously occupied for such traf-
| fic. Provided, however, that no such
ha
! within distance of one-half mile from
any first-class or second-class postoffice.
| in this T,rritorv.'
CLASSES TABU.
We also recommend that the bill be
further amended by inserting new
section after Section Z, which shall be
as follows:
"Section IA. Any applicant to.
whom a license is refused, may, within
fifteen days after such refusal, file
with the Treasurer an application for
arbitration Of the question raining in
such application on. arbitrator. 1t shall
thereupon be the 'luty Of the Treas
urer to name some person as second
arbitrator. The two arbitrators thus
, named shall select a third, and the
three so selected shall thereupon fully
: consider the application for license
!. and the refusal thereof, and shall de-
eide whether or not such license shall
issue. The decision reached by sucn
: board of arbitration shall be final, and
not subject to review in any manner
: If the decision rendered shall be in
favor of the issuance of such license it
shall thereupon be the duty of the
Treasurer forthwith to issue the same
q If the Treasurer shall fail to name a
~. L.,
1 after the application for arbitration is
- filed with him, his refusal of the IL
: cense shall thereby become void, and
:, it shall thereupon be his duty forth
with to issue such license; and if the
u applicant to whom a license has been
refused shall fail within fifteen days
. after such refusal to file an application
for arbitration, naming his arbitrator,
Z he shall be held to have waived his
> right to such arbitration and shall not
. be allowed thereafter to so submit the
question to such board of arbitration.
Nothing in this section contained shall,
however, be held to empower any such
board of arbitration to disregard or
override any of the specific restrictions
y or conditions as to the issuance Of Ii
e censes in this Act contained
LANDLORDS LIABILITY.
q We also recommend that Section IL,
N subdivision 4, be amended by inserting
,e after the word "hquor," in line u,
d the words cor who has been convict
If ed of felony, gambling or gross
K cheat
f. We recommend that Section 40 be
W amended by striking out the following
s. sentence to be found in lines to 10
II of said section:
,e eff said intoxicating liquor was sold
q. or furnished in rented building and
1t the owner of such building and his
d agent In charge thereof knew or had
IS reason to know that intoxicating iq-
n uor was furnished by his tenant in said
IF building contrary to law, such owner
IF may be Joined as defendant in such
n action and Judgment therein may be
n rendered against him"
a. Your committee has given a great
T. deal of time and consideration to the
o. foregoing amendments and believe