The Montgomery advertiser., 1909-09-16

erxes business as Is conducted are Authorized on any week days between nine o'clock in the morning ana six o'cioci in the afternoon or at other times when the place or room Is open where such retail beverage business is conducted to enter. inspect, survey. measure or map any room or place where or wherein. such retail beverage buisness is conducted, and any person who shaIl forbid, obstruct or prevent the of1cers named from such free entry into and Inspection of such room or place ,shali bs guilty of a misdemeanor and on conviction may be punished by me Of not less than fifty nor more than i've hundred dollars, and may in addition be in1prisoned in the county jaiI or, sentenced to hard labor for the county for period of not more than three months at the discretion of the judge or court trying the case; and If any such ofiicer ascertain by in- spect,on that the room or place where in said retail beverage business is conducted for sale of beverages to the public is not being kept or maintained in accordance with the requirements
 of any section of this Act. he shall cause c criminal prosecution to be instituted against the party or parties including the owner or keeper of the
 place or room or any clerk. agent or servant therein aiding or abetting In the conduct of said beverage business. and prosecutions or complaint, and no
 indictment shall be necessary.
 V. That any person, firm or corpora ton keeping or maintaining a place or room where beveregas are sold or offered for sale to the public at retail
 who violates any provision of this Act in reference to the mode or man. ner in which said room or place shall
 be kept or maintained. shall be guilty of a misdemeanor.
 VI. If any place or room where
 beverages are sold or offered for sale to the public at retail is kept or main' tained In a manner contrary to the re.
 quirements of this Act. then after the
 expiration of ten days from the pass age of this Act any prosecuting at- torney or oflcer or citizen may file < bill In the name of the State in equity to require the keeper -thereof
 to conform to the provisions of this
 Act, and may obtain preliminary in- Junction and a final decree all ac-
 cording to the terms and regulations prescribed for cases of bills in equity
 filed to abate liquor nuisinces and il
 shall be the duty of the sheriff of the
 county in all in corporated towns and
 cities of the state as soon after the ef.
 actment of this statute as Is practicable to inspect the rooms or places therein i which retail beverage business ts con ducted and to notify the keeper there of to comply with the provisions oi | this Act. If they have not already done
 so, and if any proprietor of such re- tail beverage business shall fail foi ten days to comply with the require ments of this act the sheriff shall noti- | fy the solicitor or other prosecuting | attorney whose duty 1t Is to prosecute | criminal cases on behalf of the State in the county of such failure. and
 such solicitor or other prosecuting at | torney shall thereupon file such. bill in equity In the name of the State as
 hereinabove provided to secure c
 mandatory injunction compelling the proprietor of such retail beverage busi-
 ness to comply with the provisions of this Act or to refrain from carrying on e retail beverage business as at said place so long as the requirements and
 restrictions of this Act have not been
 observed, but the court for cause
 shown, may allow additional reason able time for making change to con. | form to this Act.
 VII.-That this Act take effect from
 and after its approval by the governor the public welfare requiring 1t. Approved Aug. ,25th 1909.
 ohicial.
 Frank N. Julian.
 SAc'y Of Etata