The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-25


his storage room. But this section shall
not be construed so as to prohibit the dis
penser or PHI chasing agent, or some en-
ploye designated by the latter. from sam
ping liquors which the purchasing agent
may contemplate purchasing. Said dis
penser and said purchasing agent shall
report to the grand jury any one whom
they or either Of them, believes to be
guilty of violating the provisions of this
section.
Sec "a Any person who drinks or con-
sumes any liquor on the premises of the
dispensary or on premises of the storage
room, except the dispenser, the purchas'
ing agent, or an employe of the purchas-
ing agent when they are sampling liquors.
as permitted In Section Twenty-three tzS)
of this act shall be guilty of a INSIDE
meanor, and. on conviction, shall be hned
not less than ten nor more than one
hundred dollars.
Sec 25 The dispenser shall not keep in
his dspensary any broken package OF
liquor. If any package should accidently
be broken, the contents shall at once be
bottled and the bottle sealed, The dis
penser shall not sell any spirituous, vi
nous or malt liquors that are not con-
tanned in sealed packages.
Sec. g. The dispenser shall sell no
liquors of any kind except those which he
receives from the purchasing agent of his
dispensary. He shall not sell on Sun
days, or sell to minors or to persons OF
known Incorporate habits He shall not
sell at one time more than one pint of
whiskey, brandy or gin, or any two OF
these liquors, or of all of them together.
He shall sell for cash only. He shall
keep an accurate record of the amount
of each days sales. All books. papers,
accounts and records of the dispenser
shall at all times be open to the legis-
- l. ,ft -
every member thereof and Of every citi-
zen of the county. On the first day of
each month each dispenser shall make to
the legislative body of his town or city
a complete statement of the assets and
liabilities of his dispensary as they stood
on the last day of the preceding month.
Said report shall also state the average
number of sales for each business day
during the preceding month. Said report
shall at once be published in newspaper
published in the dispensers county. such
report shall be made on such forms, and
under such directions, rules and regula-
lions as the legislative body may. pre-
scribe. In said report the dispenser shall
give full and accurate information as to
the condition, expenses, profits, losses and
status of his business. He shall give 9th
err and additional information, orally or
in writing, whenever and as often as the
Legislative body of his town or city, or
any member of said body, may require.
Sec. o. If the dispenser or any of his
assistants. servants or employees sells any
liquors except those which the dispenser
has received from the purchasing agent
of his dispensary, or sells any liquor on
Sundays, or sells to minors or to persons
of known incorporate habits, or sells at
one time more than one pint of whiskey,
brandy or gin, or of any two of these
liquors or of all of them together, such
dispenser, servant, or employe shall be
guilty of a misdemeanor, and on convic-
ton, shall be fined not less than ten nor
more than one hundred dollars.
Sec. %. Subject to the provisions of this
act, the legislative body Of the towns
and cities of dispensary counties under the
dispensary local option act of 1907 may
maintain and operate dspensaries, and
regulate and control the management and
conduct of the same.
Sec. 20. The dispenser shall buy furni-
ture, fixtures and appliances for his dis
pensary and for the storage room, pay
all expenses of the dispensary, including
those OF the storage rooms, and take
a voucher for all moneys dsbursed. The
expenses of the storage room shall be
paid by the dispenser on warrants drawn
on him by the purchasing agent.
Unless instructed by the. Legislative
body of the town or city not
to keep the dispensary money
in bank, the dispenser shall deposit
the proceeds of each days sales and ali
other diSpensary money II he has any,
in some solvent bank. The dspensary
money shall not be put on the dispensers
individual account in the bank, but to his
credit as dispenser, and the dispensary
money shall not be mixel with the dis
penser's private funds. Only the dis
penser is authorized to draw draft or
checks for dispensary money deposited
in bank. On the first day of each
month, the dispenser shall pay to the
treasurer of his town or city sixty per
cent of the net profits of the dispensary
for the month preceding and to the
treasurer of his county, forty per cent
of said net profits. The money SO paid
to the treasurer of the town or city shall
be the exclusive property of scuch town
or city, and may be used by the legis-
1atiye body thereof in any way in which
said body is authorized to spend the
money of said town Or city. The money
that is so paid to the county treasurer
shall be the exclusive property of such
county, and may in the discretion of the
court of county commissioners of said
county, be used, in part, In giving PEN
sions to such Confederate veterans Of
their county as are entitled to receive
pensions under the laws of the State
Money that is to be paid to Confederate
directions of said county commissioners
But such distribution and payment shall
be made as far as practicable, in the
same manner in which Confederate pen
sions are distributed and paid by the
State except that State officers shall
have nothing to do with the handling
of such money. All of the county dis
pensary money, or SO much of Ii as may
not be used In paying pensions, as above
provided, may be used in any way in
which said court of county commissioners
are authorized to spend county money.
Said court of county commissioners Is au-'
thorized to use said county dispensary
money In any way said court may see TIT
in furthering the cause Of education in
the county whether such use be by do
nation or otherwise. The capital stock
of dispensaries established and operated
in any county under the provisions of
this act, including furniture, fixtures and
appliances, shall be and remain the ex-
elusive property of the several towns
and cities in which the dispensaries are
respectively established.
Sec. 80. No person shall drink any
liquor within fifty yards of the premises
of the dispensary unless he drinks 1t on
his own premises lying within such fifty
yards. No one who lives or does bust
ness on premises that are within fifty
yards of a dispensary shah permit
any person. not member
or guest of his family. to drink or con-
sumo any liquor on his said premises
Any person who purchases or furnishes
aids in purchasing or furnishing the
liquor which he drinks on premises with
in fifty yards above described in this
section, shall not be considered a guest
within the meaning Of this section. Any
person who violates the provisions Of this