Evening star., 1934-01-15
Discretionary Liquor Control Power,

The Senate District Committee has
made conscientious effort to close
some of the gaps left in the liquor con-
troll measure by hurried House amend
ment and which might nave made more
difficult the imposition of wise restric-
tions by the Commissioners through
their regulatory powers.
No change, however, surpasses in its
importance the Senate committees
restoration Of power to the Commis-
sioners' for limiting the number OF
licenses. The section of the bill, as it
will probably reach the Senate from
committee. now gives to the Commits
sioners power
To limit the number of
licenses of each class to be issued in
the District of Columbia and to limit
the number of licenses in any locality
in, or sections or portions of. the Dis
trict of Columbia as they may deem
proper in the public interest; to forbid
the issuance of licenses for businesses
conducted on such premises as they. in
the public interest may deem inappro-
pirate; to forbid the issuance of any
class or classes of licenses established
subsequent to passage of this act near
or around schools. colleges. universities,
churches or public institutions; to
prescribe the hours during which bev-
erages MAJ be sold and to forbid the
sale on Sundays. Powers and authori-
ties expressly enumerated are to be
construed as in addition to, and not by
way of limitation of, the general powers
herein granted. Different regu-
lations may be prescribed for the diff
ferent classes of licenses, for the diff
ferent classes of beverages. and for the
different localities in any section or
portion of the District of Columbia.
1t has been generally agreed that
District residents are particularly inter-
ested in the protection of home neigh
borhoods against liquor selling estab-
lishments that may by their nature
prove objectionable. They are anxious
that this protection shall extend to the
vicinity of schools, churches, and other
public institutions. The bill as at first
proposed gave the Commissioners power
10 establish restricted districts in such
areas, but the House decided that the
ban should not apply to establishments
in existence prior to April 5, 1888, and
the Senate committee now says that 1t
shall not apply to establishments in ex-
lstence prior to passage OF the act.
This may mean that if the Commis-
sioners establish restricted area OF
800 feet, more or less, around churches.
for instance a store or restaurant now
Will tts ro1,lI cfil1
obtain a license, but new store or
new restaurant could not. The Com
missioners, however could refuse is
suance of a license for business con-
Quoted on premises considered inap-
propriate in the public interest, and
restaurant or store next door to or
across the street from a school or
church might be considered inappro-
pirate premises for sale of hard liquors
by the drink If that Is the meaning
Of the section as now written, the plac-
ing of such discretion in the hands of
the Commissioners, wisely exercised in
the public interest, might prove to be
i practical compromise between those
who wish regulation by arbitrary re-
striction and those who wish no regu-
lation at all. But in Senate debate on
the bill many Senators will doubtless
wish to make sure that full discretion
ary powers have been given the Com
missioners and that these powers are
not to be nullified by later interpre-
tations.
Since apparently the dispensary sys-
tenn is not to be adopted, those who
favor that system and the many advo-
Gates of the licensing system who be-
iieve that this system should wisely be
stringently regulated in the community
interest for the protection of the home
and members of the family circle,
young and old, should join forces to
make certain that in its final shape
this legislation furnishes maximum Of
such wise and necessary protection.