The Montgomery advertiser., 1907-03-25

the legislative body of the town or city in which his dispensary Is situat- ed--so far as said direction and con- trol, are not inconsistent with the pro- visions of this act--shall sell liquors and manage and conduct the dispens- ary for a term of two years, and un- til his successor is elected and quaii- fled. But he shall not interfere with the duties and privileges of the pur- chasing agent that are herein pre- scribed, or control him in such matters. Each town or city that has q dispens- ary shall provide it's dispenser with whatever money within the aforesaid limits, that it wishes to use in con- iucting the business. Before entering upon the duties of his office, each dIs- penser shall make affirmation before an officer authorized to administer oaths, that he will obey all laws of the State of Alabama, and of the town or city of which he is dispenser, relative to the sale. giving away. or delivery of liquors of any kind. He shall also before beginning business, execute to his town or city a bond conditioned for the honest and faithful discharge Of his duty as such dispenser Said bond shall be for the sum of three thousand dollars, shall have two suf- ficient sureties, and shall be approved by the mayor. or other chief exeou- tiFG oA oaiu tOWn UT ClAS. AnX per son who may be injured by the fail ure of the dispenser to observe the provisions of this act or of any rule. ordinance or regulation of his town or city in reference to his dispensary may sue said dispenser on his said bond. For neglect of business, incom- potency misfeasance or malfeasance in office. Q dispenser may be impeached by the legislative body of the town 1r affv nf xrrhia hn io for cause, to be judged of by said body. said dispenser may be removed from office. Whenever a vacancy in said office occurs in any town or city, from any cause whatever, the mayor, or other chief executive of such town or city, shall certify that fact to the judge of probate of the county in which said town or city is situated. Said mayor, or other chief executive. of such town or city may appoint a temporary dispenser until the vacancy shall be filled as herein provided. But such temporary dispenser shall in no event hold office longer than twenty days. Said judge shall immediately call 8 meeting of the court of county commissioners of his county, and said court shall nominate and furnish to said mayor. or other chief executive, the names of three men having the aforesaid qualifications for dispensers, and from these three names the leg islatiye body of said town or city shall elect a dispenser to fill the vancancy
 Sec. 19. All the provisions of the foregoing section in reference to the mode of electinG dispensers. the oath and qualifications of dispensers, the bond and liabilities of dispensers; the impeachment of dispensers. the filling of vacancies in the office of dispenser, and all other provisions of said section, unless the contrary Is indicated by the context or elsewhere in this act shall. the names being changed, apply to and be observed in the case of purchasing agents.
 Sec. 2o The legislative or gov erning body of the towns and cities Tn which dispensaries may hereafter be operated under this act shall pay to its purchasing agent or purchasing agents and to its dispenser or dispen sers, a salary which shall be fixed by said body before the dispensers and purchasing agents are elected and shall not be changed during their term of office. The salaries of dispensers shall not be less than five hundred dol- lars nor more than twenty-five hun- dred dollars per annum, and shall be paid in equal monthly installments on the last day of each month. The sal ary of the purchasing agent shall be eighty per cent of that of the, dis penser and shall be rayabIe monthly on the last day of each month. Said legislative body shall not make or per init the amount of the salary of the purchasing agent or the amount of the salary of the dispenser to depend in any way, or in any degree whatever, on the amount of sales that may be made by its dispenser or dispensers.
 Sec 21. The dispenser shall not sell, hand, or deliver liquors to the same person oftener than once in any one day whether the sale, handling or delivery be to such person on his own account or for his own use and bene- it, or on account of or for the use and benefit of some other person. or some firm or corporation. He shall not make any sale between the hours of 6 D. m., of one day and a. rn., of the next day. a
 Sec. 22. If the dispenser. or any of his assistants, servants or employees, sells, hands or delivers liquors of any kind to the same person oftener than once in any one day, or makes any sale of such liquors between the hours of D. m, of one day and a. m., of the next day, the person so selling handling or delivering shall be guilty of a misdemanor, and, on conviction, shall be fined not less than ten nor
 
 person who purchases, or attempts to purchase, liquor from the dispenser oftener than once in any one day shall be guilty of a misdemeanor, and, on conviction. shall be fined not less than ten nor more than one hundred dol- lars.
 Sec. 23. Said dispenser shall not himself drink. consume, or give away any liquor of any kind, or in any quan- tity, on the premises of his dispensary Said dispenser shall not permit or suf- fer any assistant, servant, employe. purchaser, or any person, whomsoever to drink, consume. or give away, any liauor on said premises. Said purchas- ing agent shall not himself drink, con sume or give away liquor Of any kind, or in any quantity, on the premises of the storage room. Said purchasing agent shall not permit or suffer any assistant, servant. employe, or any per son whomsoever to drink. consume or give away any liquor on the premises of his storage room. But this section shall not be construed so as prohibit the dispenser or purchasing agent, or some employe designated by the lat ter, from sampling liquors which the purchasing agent may contemplate purchasing. Said dispenser 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 sec ton.
 Sec. 24. Any person who drinks or consumes any liquor on the premises of the dispensary or on the premises of the storage room, except the dispen- ser the purchasing agent, or an em-