The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-06-22


and imprisonment. Any person. firm
or corporation who violates any OF
the provisions Of this Act shall upon
conviction thereof as 4 second or
subsequent offense be adjudged guilty
Of q felony and shall be punished by
Imprisonment in the county jail OF
not to exceed one year or by both
such fine and Imprisonment in the
discretion OF the court.
LOCAL OPTION AND ANTI
MONOPOLY LIQUOR CON-
troll BILL.
Submitted by initiative petition:
An Act legalizing the importation,
transportation, sale and possession
and manufacture in certain cases of
liquor; providing for revenue there
from and licenses therefor: prohibit
GLIDING certain persons from the right
to purchase liquor: authorizing and
requiring the governing bodies OF
municipalities to provide and require
the payment Of a local tax or license
and raise revenue hereunder. and to
ing for the administrative expenses
Of this Act; making 1t unlawful for
any person to engage In the manu-
facture or sale Of liquor without first
obtaining a license therefor: provid-
ing q penalty for the violation OF the
saving clause as to constitutionality;
repeating all acts in conflict there
with: defining liquors: authorizing
distilleries. under certain conditions;
providing for local option and the
right Of the people in each munich
~, - ~tAt ~ - 20
on the question OF continuing the
legalized sale Of liquor in such mu-
nicipality; limiting place Of sale: dis
position OF liquor revenue funds and
allotment Of portions thereof to school
districts: appropriating state funds
to put this Act in operation: legalizing
Initiated measure legalizing the inn
portation. transportation, sale and
possession and manufacture in GER
tain cases. Of liquor: providing for
revenue therefrom and licenses there
licenses: excluding certain persons
from the right to purchase LIQUOR;
authorizing the governing bodies OF
municipalities to provide and require
the payment OF local tax or license
and to raise revenue hereunder; and
viding for the administrative expenses
Of this act: making II unlawful for
any person to engage In the manu-
facture or sale of liquor without first
obtaining license therefor; provid-
ing a penalty for the violation Of the
provisions thereof: providing for a
saving clause as to constitutionality;
repeating all acts in conflict there
with: defining liquors.: authorizing
distilieries under certain conditions:
providing for a Local Option and the
right Of the people in each munich
pality. at certain elections. to vote
on the question of continuing the
legalized sale OF liquor in such mu-
nfcipality: limiting place of sale: dis
position Of liquor revenue funds and
allotment OF portions thereof t.
School Districts: appropriatinE state
funds to put this act in operation;
legalizing $50 beer.
BE II Enacted by the People Of the
state Of North Dakota:
Section /. DEFINITION. The term
liquor as used in this act shall include
both vinous liquors and spurious
liquors, and beverage alcohol. Vinons
liquor means any beverage contain
ing more than 80 per cent Of alcohol
by weight obtained by the fermen-
tation of natural sugar contents oi
fruits or other agricultural products
containing sugar. including fortified
wines. Spurious liquor means any
per cent Of alcohol b. weight oh.
tanned by distillation. mixed with
water and other substances in sclu.
ton and includes. among other things
brandy, rum, gin and whiskey.
Section >. LEGAL1ZING LIQUOR
use and possession of liquor in this
state Is hereby declared to be legal
subject to restrictions hereinaft pro.
vided in this bill.
Section :: SALE WITHIN THE
sTATE.-WHO MAY SELL. Any per.
n legal and bona fide residence in
and being citizen Of. the state OF
North Dakota. and any civic, frater-
nal or social club. having its place
Of retail within the business district
of a municipality AS. defined in this
selling retail liquor as described here
in under such restrictions as are here
ina fter provided. and upon compliance
with the provisions of this act and
upon obtaining the licenses and pay
ing the taxes herein provided.
POWER AND DUTIES. 1t shall be
the duty Of the State Officer, now
provided by law and known as the
State Beer commiss ioner. or such other
state officer as may be hereafter pro-
vided for BY the legislature Of this
State for such purpose. to license per-
sons. partnerships and associations
who may desire to engage in the
sale Of liquor. either wholesale or
retail. Such officer shall, before
licensing any person. firm. corpora
ton. partnership, or association. re-
quire such applicant to submit, in
writing such information as said
commissioner shall deem necessary to
insure the sale Of liquors by persons
of good moral character. The commits
sioncr shall have power to refuse a
license to any person applying there
for on the ground that such apple
ant does not have the qualifications
required by this bill. but the decision
OF the commissioner shall always be
subject to review by the courts OF
this state.
Section s. RETAIL STATE IL
CENsE: \ State license fee IN the
sum of $1,000 per annum shall be
collected from each person to whom
retail license is issued by the state
which sum shall be collected BY said
commissioner and turned over by him
to the Treasurer of the State Of North
Dakota and carried in fund to be
known as the Liquor Revenue Fund.
Section 6. WHOLESALERS = TAX
THEREON. ANY person. partnership,
corporation or association having an
established place of business in this
state and who has the qualifications
0ellneQ ny lNlS act MAY ODlaIU d
wholesalers license for the wholesale
distribution of Intoxicating liquor
within this state. Such license shall
be issued by the State Beer Commits
sioner upon proper application made
to him on such blanks. as may he re-
quired by him. and on the payment
OF the wholesale annual license fee
OF $4,000 for the period from July
list to the following June goth. to
be collected by the Commissioners and
paid to the State Treasurer. who shall
deposit the same in a fund to be
known as the Liquor Revenue Fund.
1t shah be unlawful to wholesale In
toxicating liquor within this state
without q license therefor as herein
provided. Such license shall entitle
the holder thereof to engage: in the
wholesale business without obtaining
a license from the local municipality.
Such licensee may not sell intoxtcat.
ing liquor except In the original con-
tainer or package and for resale pur-
poses by retail dealers only. and such
wholesalers may not conduct or be
directly or Indirectly interested in
other business licensed under this
Act.
LICENSE -- RAILWAY COMPANIES
TICENSED The State Beer Commits