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

sioners of each county in whose towns
or cities dispensary is herein authorized
to be established. shall be called When
ever necessary At any regular or called
meeting of said Court of County Commits
sioners, that may be held within two
months after the judge of probate has Is
sued his proclamation declaring that his
county was one of the aforesaid dispen-
sary counties under the Dispensary Lo-
cal option Act of 1907, and at any regu-
lar or called meeting of said Court that
may be held between the last day of
September of the year in which said
proclamation was made. and the six
teenth day of December of that year,
and at any regular or called meeting of
said Court that may be held between the
last day of September and the sixteenth
day of December every two years after
said period of said last mentioned year
said court of County Commissioners shall
furnish to the mayor or other chief ex-
ecutlve of those towns and cities in their
respective counties in which dispensaries
are herein authorized to be established
the names of three times as many men
as the number of dispensaries which such
towns and cities of their respective coun-
ties are severally authorized to establish
specifying the men who are nominated
or assigned to each town or city in their
county and stating that the men whose
whom the legislative body of such towns
and cities must select its dispenser or dis
pensers. These men shall be residents
of the county by whose court of County
Commissioners they may be selected,
shall be twenty-one years old, and shall
be regarded as honest, temperate, law
abiding, and competent to manage and
conduct a dispensary In said towns or
cities. Before the first day of the first
term of office, and before the first day
of each succeeding term of office here
in provided for the Legislative body of
each of said towns and cities shall from
the names so nominated and furnished,
elect a dispenser or dispensers for it's
town or city, assigning to each dispenser
his dispensary. Said dispenser, under the
direction and control of the legislative
body of the town or city In which his
dispensary is situated-so far as said di.
recton and control. are not inconsistent
with the provisions of this aet-shall sell
liquors and manage and conduct the dis
pensary for a term of two years, and
until his successor is elected and quail
fled. But he shall not interfere with the
duties and privileges of the purchasing
agent that are herein prescribed, or con-
troll him in such matters. Each town or
city that has a dispensary shall provide
its dispenser with whatever money with
ing the aforesaid limits, that it wishes
to use in conducting the business. Be-
fore entering upon the duties of his Of
flce each dispenser shall make affirma-
minister 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 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 sufficient sureties, and shall be
approved by the mayor, or other chief ex-
son who may be injured by the failure
of the dispenser to observe the provisions
of this act or of any rule ordinance or
regulation of his town or city In refer
ence to his dispensary may sue said dis
penser on his said bond. For neglect of
business, incompetency. misfeasance or
malfeasance in office, a dispenser may be
impeached by the legislative body of the
town or city Of which he Is dispenser,
and, for cause, to be judged of by said
body, said dispenser may pc removed
from office. Whenever 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 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
meeting of the court Of county COM
missloners 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 qualifica-
tons for dispensers, and from these three
names the legislative body of said town
or city shall elect dispenser to fill the
vacancy
Sec 10. All the provisions of the FORE
going section in reference to the mode of
electing dispensers, the oath and qualifi-
cations Iof dispensers; the bond and La
bility of dispensers; the impeachment of
dispensers, the filing of vacancies in the
office of dispenser, and all other pro-
visions of said section, unless the con-
trary is indicated by the context, or else
where in this act shall, the names being
changed, apply to and be observed in
the case of purchasing agents
Sec 20. The legislative or governing
body of the towns and cities in which dis
pensares may hereafter be operated I'M
der this act shall pay to its purchasing
agent or purchasing agents and to its dis
penser or dispensers, salary which shall
be fixed by said body before the dispens-
ers 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 dollars nor
more than twenty-five hundred dollars per
annum, and shall be paid In equal month
ly installments on the last day of each
month. The salary of the purchasing
agent shall be eighty per cent of that
of the dispenser and shall be payable
monthly on the last day of each month.
Said legislative body shall not make or
permit 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. 81. The dispenser. shall not sell,
hand, or deliver liquors to the same per-
son oftener than once in any one day,
whether the sale, handling or delivery