The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-03-21
Time LAPSES BAR
LICENSE RENEWALS
Marion County Attorney
Raub Against Renewing
Expired Permits.

Indianapolis, March Elm a writ
ten opinion giving his construction of
certain parts of the new Proctor H.
quor regulation act, County Attorney
Edward +. Raub has advised the coun-
| ty commissioners to refuse renewal
OF license to sell liquor where the
old license had expired previous to the
hearing of the application for renew
al. IL the commissioners follow the
advice of their attorney they will re-
| fuse to grant renewals to the old hold
| ers of licenses to conduct sixteen
places, licenses for which were applied
for by men who are not the holders of
old licenses. The only way licenses
could be granted for any of these
places. was for the old holder to make
application and have a hearing at the
April meeting of the board. and then
transfer the license, if renewals were
granted, to the new applicant. All the
sixteen licenses will expire before the
April hearing
The county attorney explained that
he had advised this course because,
in some of the cases, there was plenty
of time to advertise twenty days, as re-
quired by law, and still get hearing
before the old license expired. Sew
eral Of the licenses expire late this
month, and if these men had taken &C
ton Immediately after the county at
torney advised them what to do. he
says. the could have had hearing be-
fore their old license expired.
| Renewal and Expiration.
| The question on which Mr. Raub
now gives an opinion is: May the
board of commissioners grant renew
al to a person who has all the qualifi
cations required by law, but whose
license will expire before a hearing
can be had on his applications" He
holds that, according to the provisions
OF the act. "the removal shall continue
the original license for period of one
year from the date of such renewal"
He believes the date of the expiration,
without any lapse of time between the
expiration and renewal.
| The question is not free from am
biguity. says the opinion. yet, mas
much as the burden is on the applicant
to show that he comes clearly within
the provisions of the statute permit
ting the board to grant him a renewal,
] advise your honorable board that
where the advertisement has not been
made in time so that hearing can be
had before the expiration of the for
mer license or renewal thereof, such
application for renewal should be re.
fused"
Carl Won Hake, president of the
| board, said that no such cases had
come before the board as yet, and that
the commissioners would not take ac
ton in reference to the opinion until
such applications were filed.
Sixteen Applications Turned Down.
Following the written opinion of the
county attorney in regard to the mat
ter of granting applications of new APP
licants for old places, the board form
ally refused the sixteen applications
that were pending. The attorney had
given verbal opinion that the board
could not grant such applications, and
they had been refused consideration
before The board also formally re-
fused the three applications of new
men for new places.
The county attorney, also gave an
opinion on the question of whether or
not an applicant who holds a suitcase
for the period during which a license
is to run is qualified applicant I'M
der thenew act The attorney decid-
ed that lease which gives the appli-
cant the sole and exclusive right to
the premises for the period for which
the license is to run is qualified as
lessee, even if he hold only a suitcase