The Bismarck tribune., 1934-06-23

esea ninsty days Of both such fine
ana imprisonment. Any person, firm
or corporation who. violates any Of
the provisions Of this Act shall upon
e.n:s ,: = dads:s eaty
Of fslony and shall be punished BY
= fine Of not to exceed $1,000 or by
imprisonment In the county. jail Of
not to exceed one year or by both
such fine ana imprisonment In the
discretion. OF the court.
LOCAL OPTION AND ANTI
MONOPOLY LIQUOR CON.
troll BILL.
Submitted BY Initiative petition;
An Act legalising the importation,
transportation. sale ana possession
and manufacture in certain cases Of
liquor: providing for revenue there
from and licenses therefor: prohibit
Ing tho transferring Of licenses: ex-
cluding certain persons from the right
to purchase liquor: authorizing and
requiring the governing bodies OF
municipalities to provide and require
the payment Of 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
obtatning 2 license therefor; provid-
In. : penalty .. for the 91. violation 81 the
saving clause a. to constitutionality: !:
repeating all acts In conflict there
with: defining liquors: authorizing
dtstt!leries, under certain conditions;
providing for local option and the
pality, at certain elections. to vote
on the question Of continuing the
legall8ed sale OF liquor in such mu-
nicipality: limiting place OF sale: dis
position OF liquor revenue funds and
districts; appropriating state funds
to put this Act In operation; legalising
Initiated measure leealising the i'm
portation. transportation, sale and
.:s. .nf n qsos IN
revenue therefrom and licenses there
for; prohibiting the transferring Of
licenses: excluding certain persons
from the right to purchase liquor;
authorizing the governing bodies OF
the payment Of a local tax or license
and to raise revenue hereunder: and
to prescribe certain regulations: pro-
vtdinE for the administrative expenses
Of this act; making It unlawful for
@Uy Vcx0VH ~ 0u8&80 III Su0 Hl0uV~
facture Or sale Of liquor without first
obtaining q license therefor; provid-
Ing q penalty for the violation Of the
provisions thereof; providing for 4
saving clause ~ to constitutionality:
repealing all acts in conflict there
distilleries under certain conditions;
providing for q Local Option ana tho
right Of the people In each munici.
pality, at certain elections, to vote
% on the question Of containing the
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:
legalising s.6cs beer.
Ne II Enacted ~ the People of the
Section i. DEFiNfTioN. The term
liquor as used in this act shall. include
both vinous LIQUORS and spiritous
liquor means any beverage contain
Ing more than 3.3 per cent Of alcohol
BY weight obtained by tho fermen.
tAtiOn OF natural sugar contents OF
fruits or other Agricultural products
Wines. Spurious liquor means any
per cent Of alcohol by weight OBJ
tanned by distillation. miYad with
water and other substances In solu-
on and ,nrludss de- ann a%o1E other things
Section :. LEGALIzING LIQUOR.
The importation. transportation, sale.
use and possession Of liquor In this
state 10 hereby declared to be legal,
subject to restrictions hereinafter pro-
Section 5. SALE WITHIN THE
sTATE.-wHo MAY SELL Any per-
son. partnership. or association having
. legal ana bona fide residence in,
snd AZ being 2 citisen OF. the state OF
nal or social club. having its place
Of retail within the business district
Of = municipality as defined In this
act. may engage In the business Of
selling retail liquor as described here
In under such restrictions ~ are here
with the provisions OF this act and
upon obtaining the licenses and pay
Ing tho taxes herein proxided:
ssStl9n nM M nEER EI3rIns GGMMissionEk: I:
provided by law and known 40 the
state Beer Commissioned, or such other
state officer as may be hereafter pro-
vlded for by the legislature OF this
State for such purpose, to license per.
Who Who may desire to @ engage in tns
sale OF liauer. either Wholesale or
retail. Such officer shall. before
licensing any person, firm. corpora
tton. partnership: or association. re.
quire such applicant to submit. in
commissioners shall deem necessary to
insure the sale OF liquors by persons
Of good moral character. The commits
sioner shall have power to refuse .
license to any person applying there
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
section ton s. RETAIL STATE Ii.
CENSE. A State license fee In the
sum Of 5000 per annum shall be
collected from each person TO whom
retail license. 10 issued by the state
which sum shall be collected by said
to the Trsasurer se Of the state % of North
Dakota and carried in q fund to be
known az the Liquor Revenue Fund"
Section 6. WHOLESALERS - TAX
THEREON. Any person. partnership.
p.c. ol Of Susnes: ss
state and who has the qualification
defined by this act may obtain .
wholesalers license for the wholesale
distribution Of Intoxicating liquor
within this state. Such license snail
bs issued By the state Beer commi:-
to him on such blanks Is may be re-
quired by him. and on the payment
Of the Wholesale annual license fee
of $4,000 for the period from July
lst to the following June S0th, to
be collected by the Commissioner and
paid to the State Treasurer. who shall
deposit the same In q fund to be
known. ~ the Liquor Revenue Fund.
1t shall be unla awful to wholesale In
toxicating liquor within this state
without Z license therefor - herein
provided. Such license shall entitle
the holder thereof to engage In the
Wholesale business without obtaining
Z license from the local municipality.
Such licensee may not sell intoxtcat-
tng liquor except In the original con-
taiher OF package and for resale pur-
poses by retail dealers only. and such
Mholesalere may not conduct or be