The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-01-31

this Act to sell intoxicating liquors or
beverages to any person or persons
who may be habitually Incorporate or
to minors provided. however. that any
such sale to minors in order to render
the said licensee liable to punishment
Under this Act shall be solely and only
sales to such minor or minors for his
use.
Section 9. Any person who shall vio-
late or fail to observe any of the pro-
visions of the last preceding section
shall be deemed guilty OF misdemean-
or. and upon conviction shall be fined
not less than twenty-five nor more
than one hundred dollars.
Section 10. The delivery of any in
toxicating liquor either by the owner
or occupier, or by his or her servant
or other person in the house or place,
shall be deemed to be sufficient prima
facie evidence of money or other con-
sideration being given for such In
tcxicating liquor, so as to support
conviction, unless proof to the contrary
be given to the satisfaction of the
court.
Section IL. II any agent. servant or
employee OF the holder of license to
retail intoxicating liquors shall do or
commit any act now prohibited by law
from being done or committed by the
holder of such license. such agent, ser
want or employee shall be liable to
penalty of two hundred and fifty dol
lars for the first offense, and not less
than two hundred and fifty nor more
than Ave hundred dollars for each sub
sequent offense.
Section IL. Every person holding a
retailers liquor license issued under
this Act shall have the power to refuse
to sell liquor to any person to whom
he does not desire to sell the same, and
shall further have power to nefuse to
permit any such person to come on
his licensed premises.
Section IS. Every person who being
intoxicated shall enter any premises
licensed for the sale of Intoxicating
liquors or being intoxicated upon said
premises, shall not leave the same
when requested by the licensee or by
any person in his employ, may be ar
rested by any sheriff or officer, and
shall on conviction, pay a fine of ter
dollars
Section IA. The officer whose duty II
is to issue licenses under the provisions
of this Act, shall have the right in his
discretion, to grant temporary re-
tailer's liquor license in such form as
he may prescribe, to some bona hde
holder of and licensee under retail IL
cense duly granted under the provi-
sions of this Act and none other au-
| thorizing the sale of liquor at race
tracks, race meets and other outdoor
places of public amusement or cele'
| bration. The fee for such temporary
license shall be the sum of ten dollars
per day, and all fees shall be disposed
| in the same manner as other fees are
under the terms of this Act
| Section 10. That whenever any Ii
censee shall be prosecuted under thu
| provisions of this Act and 1t shall b'
shown upon the trial of such caus'
1
mitted by an employee of such licensee
it shall he sufficient defense to sucl
prosecution for such licensee TO shov
that in the employment of such EN-
ployee he exercised due care.
Section 16. The following words, un
less where the contrary appears from
the context. are used in this Act will
i ,t,,e abxr al N
spectiyely:
Intoxicating Liquors" shall meal
any wines, spirits, ale, cider, beer, o
other fermented or distilled liquors ant
all liquor of an intoxicating nature
Sunday" shall mean the time betwee
twelve of the clock on the night o
Saturday. and five-thirty of the cloc
on the morning of the succeeding Mon
,day.
Section II. In any criminal prosecu
ton under the provisions of this AZ
in which a fine shall have been co
lected from the defendant, the perso
furnishing the information on whic
such prosecution is based shall b
entitled to one-half of such fine.
Section IS. All of the provisions {
Chapter Al of the Penal Laws of Hs
wall of 1897, being Sections 4OS to As
both inclusive: Act "a of the Sessio
Laws of 1898, being "An Act Licensin
the Manufacture of Wine from Grape
of Hawaiian Growth, and providin
for the sale thereof: and TO repeal A.
. so of the laws of the Provisional Coz
eminent of 1894, approved June Z, 1S9
relating to licensing the manufactul
$ of wines from grapes of Hawa!ia
e growth, and to repeal Act IS of II
, Session Laws of 1896, approved Jul
8, 1885, amending Act 81 Of the Law
: of the Provisional Government of Is!
: approved June Z, 1884," approved Jul
n 23. 1898; Act 81 of the laws of is!
e being "An Act to authorize lcens
e for the retail of wines, beers and al
v of low alcoholic strength" approx
8 July Z, 1898; Act of the Session La
e OF 1901; "An Act to prevent the er
n ployment of minors in places where
h toxicating liquors are sold, and to pr