The herald and news. [volume] (Newberry S.C.) 1903-1937, 1905-05-23
LAW ON BEER DISPENSAR1ES
Important Opinion BY Attorney Gen
saral Gunter-Three Questions
Anskered-Law Permits
Pretty Much Anything.

ney General Gunter has rendered
careful deciSic ! in which he holds that
the dispensary law permits pretty
much anything that the State board
Of control wants to do.
There were three questions asked:
First. Is the royalty system legal!
The Attorney General holds that the
royalty system or any other old sys-
tenn will hold legally, and that If the
Stale board wants to fix salaries en-
tirely contingent on actual sales II
can do so. The State board can con-
sinue the royalty system or it can
abandon it.
Second Can beer be bottled by the
beer dispensers? Certainly. Any
thing that is desired can be done
under the dispensary law as 1t now
stands.
Third. What is meant by prem
Uses when the law says malt liquors
shall not be drunk on the premises.
Premises include whatever space is
designated anG rented by the county
Board of control for the purposes OF
the county dispensary, and when the
county has designated or provided
suitable place in which to sell liquors,
that ''suitable place becomes prem
ises on which liquor cannot be open
ed nor malt liquors drunk"
Mr.. Gunter has, however, thrown
something like a bomb gratuitously
into the situation in this paragraph:
hardly deem it necessary to add
that all beer (as all other liquors)
must be purchased by the State board
of directors and must be procured
by the dispenser from th ate COM
missioner, for violation OF which
provision severe penalty attaches.
&See Section 56o)
Now the question will arise under
rhis whether beer dispensers will have
-she right to designate the beers they
want to sell. or whether they Will be
compelled to sell the liquors bought
and selected direct by the State board.
There is much in this little paragraph.
Mr.. Gunter has gone elaborately
,nto the questions involved, and. as
will be seen by scrutiny OF the
paper, he cites the law for every
conclusion he has made, and if there
be blame it attaches to the law as 1T
IS writ
The opinion was given out by Mr.
>Gun.er this afternoon just before he
Seft the city for Beaufort. where he
will be for several days in connection
with the work Of the phosphate
commission:
May u, 1905.
To the Honorable Safe Board OF
directors. Columbia. S. C--Gentie-
men: For the information OF the
State board Of directors you request
10 be advised upon the following
questions:
{D Is it legal for the State board
OF directors to pay royalty to dis
pensers upon the amount sold, or
should the remuneration be t1xed
-zmount in the nature of a salary?
(2) Under the dispensary law IS
xhe bottling of beer authorized
a3) What is meant by 'prem'ses
,~lthin the pumiew OF that section OF
g. she dispensary law directing that
malt liquors shall not be drunk on
she premises?
IT, answering these questions 1t Is
we'll 20 observe that the same law
governs the sale of beer by dlspens-
.s7s who are restricted to the sale OF
that beverage alone, commonly called
~eeee dispensers" as that which gov
erns the sale of beer by dispenser
who sells beer. wines. liquors. etc.
Neither has any latitude that does no'
attach to the other and both are sub
1ect to the same regulations, restrlc-
= tons, etc,
Answering your first question
beg to call your attention to Section
go of the Criminal Code of 1902,