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

act there is hereby levied and 40.
sessed and there shall be collected
and paid to- the State Treasurer upon
all liquor sold within the State or
offered for sale or held In stock for
sale the following excise tax, to-wit:
vinous liquors containing ID per cent
or less OF alcohol by weight:
tb) 10 cents per wine gallon on ali
vlnous liquors containing more than
10 per cent OF alcohol By weight;
(c) 80 cents per wine gallon on all
toned in thi. section and containing
more than SIS per cent Of alcohol by
| weight, including alcohol. and spirit
Gus liquors az defined in this act.
Section .. DENOMINATION OF
toned in this act shall be in denom-
nations OF eight ounces, sixteen
ounces. thirty two ounces, sixty four
| ounces, one hundred twenty eight
ounces, or multiples OF one wine gal
lon. Any original package contain
ing fractional quantities or more than
the exact denomination as stated shall
be taxed on the basis OF the next
highest denomination.
Section 10. DISTfLEERIES To
encourage the use Of the agricultural
products OF this state in manufac-
turing liquor It is hereby provided
L
partnership or association shall have
the right to esta blish within the State
distilleries for the manufacturing
| and wholesaling OF liquor. provided
that so per cent Of the raw products
used by such distilleries in the manu-
! featuring Of liquors are agricultural
products raised in the State of North
| Dakota. There shall be no license fee
required for such manufacture. Such
dstilleries may wholesale said liquor
no NJ
quired by wholesalers as herein pro-
vided No distillery operating within
or with the state shall be licensed
to engage in the retail sale of liquor
| within the State. Provided. however.
that such distilleries must be licensed
under the laws OF the United States,
and must manufacture. label and dis
tribute liquor in accordance with the
laws Of the United states.
Section IL. MUNICIPAL LICENSE
censing retailers and raising revenue
the governing bodies Of each munich.
pality in this state shall have the
power and authority and it 10 hereby
made their duty to license retailers Of
liquor in such municipality and to
license fee from such retailers in the
/ sum Of not less than 800 and not
more than $500 for each license of
retailers i'm their respective jurisdic-
regulations within the spirit Of this
act, to regulate the business OF ven-
doris Of liquor at retail and to deny
and revoke licenses for cause subject
to review by the courts of the State,
and provide by ordinance fer the
punish ment Of any violations promul-
gated by said municipality, and ex-
cepting also that all such regulations
shall be uniform.
Section il. LOCAL OPTION. At
any time when this act, Is In force
and effect the qualified electors OF
any municipality in the State may
cause to be submitted to the electors
of said municipality the question as
to whether or not the sale Of intoxi-
eating liquor shall continue to be legal
remain in full force and effect in all
parts Of the state and in all munich
palities from and after its passage.
provided. however. that If a majority
OF the voters in any municipality
desire that the right to determine the
uing this act in force in such muni-
clpality be voted upon. 1t Is hereby
provided that whenever q majority OF
the voters residing in such munich
patty shall sign a petition and file
the same with the Auditor or Clerk
of such municipality 50 days prior 10
any regular annual statutory munic-
ipal election, and ask therein that the
question of permitting the retail sale
OF liquor to continue i'm said munic-
lpality be voted upon. the City Auditor
or Clerk shall cause such question to
be submitted to the voters OF said
| municipality at said election by =
special ballot by which each voter is
given an opportunity to vote either
for or against the sale of LIQUOR in
such municipality. If at said election,
the majority Of the voters vote against
the continuance of said sale it shall
be illegal and contrary to law to sell
/ liquor At retail in said community
from July lst following said election
until the question Of submitting said
question to the voters is again voted
on in said municipality. under petition
! proceedings under the terms of this
section and when and II. at any sue
ceeding election the majority of the
Of liquor in said municipality the
retail sale of liquor in said munich
pality, under the provisions of this
bill. shall become legal from and after
the lst Of July following said election.
pE sfii?a 4; OF G!g poWER H To M-
NIcIPALITIEs. No liquor shall be
ing bodies of all municipalities are
hereby authorised to designate reason
able hours for closing and the days
Of the year on which liquor cannot
L
punishment for the violation Of such
| ordinance.
Section II. SALES IN BUSINESS
DISTRICT ONLl. No liquor shall be
sold except within the business dis
trict Of any Incorporated city or VIII
lage The business district shall be
defined by the governing body of each
city or village BY resolution or ordi-
! nance.
Section Is. no SALES TO IN
shall be sold or served to students Of
the Common, Public or Parochial
Schools in this State. nor shall it be
sold to any person under the age Of
Il years. nor to any Indian nor to any
habitual drunkard. And In case the
Z written notice on a retailer that
her husband. by reason Of drinking
| habits Is harmtng his family, it shall
be illegal for such retailer to sell
liquor to such husband while such
written notice is in force and not
withdrawn.
| Section :1s. LICENSES LIMITED
AND NOT TRANSFERABLE No IL
ccnse TO sell liquor by retail or whole-
sale shall entitle the holder thereof
to carry on said business at more than
one location under any one license and
each license issued shall contain the
legal description Of the place where
the holder thereof operates his IL
censed business. And no such licehse
| shall be transferable except in the
case Of the death OF the licensee, dur
ing the term Of the license. in which
case the heirs of the deceased shall
succeed to the rights of the unex-
pired portion Of the license.
Section Il. LEGALIZISG $50
BEER. This act shall not apply to
beer containing less than SO per cent
OF alcohol by weight nor to any exist
Ing laws regulating the sale Of such
commodity. Beer or malt liquor con-
tanning not to exceed SIS per cent OF
alcohol by weight IL hereby lesalixed
ana may be sold. imported, trans
ported and possessed by those entitled
thereto and by those licensed under
existing laws and subject to existing
regulations and taxes in the same
manner and upon the same licenses as
are applicable under the law relating
to beer containing not TO exceed 50.
per cent OF alcohol by weight.
Section Is. BOOTLEG. LIQUOR
PROHIBITED. Bootleg liquor as the
term Is commonly Understood. 10
hePehV AAN1aPnA ii1ANA1 and ma MT