Evening star., 1933-12-24
VETO N.L|CENSES
IN NEW RUM BILL
Residence Areas Given Privi-
Iege of Banning Sales on
Vote of 81 Per Cent.
Continued From First Page)

Except in the case of a retailers
license, class c. to be issued Tor hotel
or club, or a retailers license, class b
(beer). or class E druggists, on pre-
scription), no place shall be deemed ap-
propriate If the owners of a majority OF
the real property within radius OF -
feet of the boundary lines of the lot or
parcel of ground upon which Is situated
the place for which the license is de-
sired, shall, on form to be prescribed
by the Commissioners and filed with the
board UiQuor Control Board), object
to the granting Of such license. In de-
termining the Sufficiencv of such OBJ
iectionS the owners Of all such property
not living within residential use dis
trict as defined in the coming regula-
tions and shown in the official aliases
of the Zoning Commission shall be
taken as conSenting to'the granting OF
such license except that the Commits
sionerS shall have power to file obJec-
tions on behalf of any property lying
within such radius owned by the United
States or the District of Columbia. This
subsection shall be construed as a
limitation upon the discretion of the
board (Liquor Control Board) IN grant
ing a license and not as a limitation
upon the discretion of the board in re-
fusing license"
(Note-A diagram accompanying this
article illustrates the operation OF this
principle)
Power Ample.
The Commissioners believe that this
grant of power to the owners OF ma
iority OF the property within a limited
residential area is ample to restrict sales
in communities predominantly dry
They therefore have written new sec
tion into the bill which bans the arbi-
trary establishment of dry regions, such
as those formerly set up for the area
within a mile of the United States Sol
diers' Home.
This is provided in these words: "Al
laws which prohibit the sale of alcoholic
beverages in certain defined sections OF
parts of the District of Columbia are
hereby repealed" The matter Of re-
stricted areas in the vicinity Of schools
churches and other institutions is to be
left to regulation, instead Of being COW
cred in the act itself, according to- the
Commissioners proposal.
Cafes May Sell by Drink.
The new bill provides generally that
hard LIQUOR. wine and beer may be sold
by the drink in bona fide restaurants
and passenger carrying marine vessels
1t would be required that such places be
engaged primarily in the business oi
serving food and not primarily In the
sale of alcoholic beverages. Liquor IN
sealed containers could be sold by gro
ceries and drug stores
The measure provides IL different
classes of licenses. They would be fol
manufacturers Of spirits, for manufac'
turers of beer, for wholesalers of al
alcoholic beverages, for wholesalers o1
beer only, for solicitors and for the
following retailers: Glass A, for the sale
of beverages in sealed containers; claS;
B. for the sale OF beer In sealed con-
tainers; class c, for sale for con-
sumption on the premises of beVer-
ages only by bona fide restaurants
hotels or incorporated private clubs
or by paSSenger-carrying marine YES
sells serving meals. or a club car ol
dining car on a railroad; class D, fol
the sale of beer for consumption at res
taurants. hotels. clubs, railroads. car:
and passenger boats and "taverns
class E. for sale of spirits by druggists
on a prescription of physician, ano
class F. for sale of beer for consump-
ton at special events such as picnics
banquetS, fairs and the like.
Two Weeks Notice Asked.
The general public would be giver
Official notice of at least two weeks Ol
an application for a retailers license
an a section which reads:
Before granting a retailers license
except a retailers license, class E ol
class F, the board Oiquor Control
Board) shall give notice by advertise
ment published once a week and fol
at least two weeks in some newspaper
of general circulation published In the
District of Columbia. The advertise
ment so published shall contain the
name of the applicant and a descrlp-
ton by street and number, or othel
plain designation, of the particular TO-
cation for which the license Is requested
and the class of license desired. Sucr
notice shall state the remonstrants are
entitled to be heard before the grant
ing of such license and shall name the
time and place of such hearing. There
shall also be posted by the poaro
notice, in a conspicuous place, on the
outside of the premises. This notice
shall state that the remonstrantS are
entitled to be heard before the grant
ing of such license and shall name the
same time and place for such nearing
as set out in the public advertisement
and, if remonstrance against the grant
ing of such license Is filed, no fina
action shall be taken by the boarc
until the remonStrant shall have hac
an opportunity to be heard, under rules
and regulations prescribed by sale
board. Any person wllltully removing
celebrating, marring or defacing sale
notice shall be deemed guilty OF VIOLA
ton of this act"
Search Clause Inserted.
The Commissioners inserted a strin-
gent search and seizure provision IN
the bill to provide weapon against
the operation of speakeasies. bootleg
gers and reyenue-evaders. This section
reads:
Section 30 (a) A search warrant
may be issued by any judge OF the
Police Court of the District of Columbia
or by a United States Commissioner
for the District of Columbia when any
alcoholic beverages are manufactured
for sale. kept for sale or sold in vio-
lation of the provisions of this act
and any such alcoholic beverages and
any other property designed for use IN
connection with such unlawful manu-
facture for sale, keeping for sale, or
selling may be seized hereunder. and
shall be subject to such disposition
as the court may make thereof, and
such alcoholic beverages may be taken
on the warrant from any house or other
place in which it Is concealed.
(b) A search warrant cannot be is
sued but upon probable cause sup
ported by affidavit particularly describ-
ing the property and the place to be
searched.
(c) The Judge or commissioner must
before issuing the warrant, examine
on oath the complainant and any wit
ness he may produce. and require their
afidavits or take their depositions in
writing and cause them to be sub
scribed by the parties making them.
Basis Must Be Shown.
Cd The affldavits or depositions
must set forth the fact tending to es-
tahlish the grounds of the aDDlicatiOn