Rensselaer Union, Volume 7, Number 28, Rensselaer, Jasper County, 1 April 1875 — THE INDIANA LICENSE LAW. [ARTICLE]

THE INDIANA LICENSE LAW.

AN ACT to regulate and license the sale of spirituous, vinous and malt and other intoxicating liquors; to limit the license fee to be charged by cities and towns; prescribing penalties for intoxication and providing for the recovery of damages for injuries growing out of unlawful sales of intoxicating liquors; to repeal all former laws regulating the sale of intoxicating liquors, and all laws and parts of laws coming in conflict with the provisions of this act; prescribing penalties for the violation thereof, and declaring an emergency. Sectioh 1. Be it enacted by the General Ai/embly of the State of Indiana, That it shall be unlawful for any, person or persons to directly or indirectly sell, barter or give away for any purpose of gain, any spirituous, vinous of malt liquors, in less quantities thana quart at a time, without first procuring from the Board of Commissioners of the county in which such liquor or liquors-are to be sold a license as hereinafter provided; nor shall any person, without having first procured such license, sell or barter any intoxicating liquor to be drank, or suffered to be drank in his housp, outhouse, yard, garden or the appurtenances thereto belonging. Sec. 2. The words “ intoxicating liquors” shall apply to any spirituous, vinous or malt liquors, pr to any intoxicating liquors whatever, which is used or may be used,as a beverage. Sec. 3. Any male inhabitant over the age of twenty-one years desiring to obtain license to sell intoxicating liquors shall give notice to the citizens of the township, town, city or ward in which he desires to sell, by publishinginaweeklynewspaper m the county, a notice, stating in the notice the precise location of the premises in which he desires to sell, and the kind of liquors, whether only vinous and malt liquors, or malt liquors only, or spirituous, vinous and malt liquors, or vinous liquors only, at least twenty days before the meeting of the Board at which the applicant intends to apply for a license; or, in case there is no such paper published in the county, then by posting up written or printed notices in three Of , the most public places of the township in which he desires to sell, at least twenty days before the meeting of such Board. And it shall be the privilege of any voter of said township to remonstrate in writing against the granting of such license to any applicant on account of immorality or other unfitness as is specified in this act. Sec. 4. The Board of County Commissioners at such term shall grant a license to such applicant upon his giving bond to the State of Indiana with at least two freehold sureties, resident within said county, to be approved bv the County Auditor, in the sum of $2,000, conditioned that he will keep an orderly and peaceable house, and that he will pay all fines and costs that may be assessed against him for any violations of the provisions of this act, and for the payment of all judgments for civil damages growing out of unlawful sales as provided for in this act, which bond shall be filed with the Auditor of said county: Provided, Said applicant be a fit person to be intrusted with the sale of intoxicating liquor, and. if he be not in the habit of becoming intoxicated ; but in no case shall a license be granted to a person in the habit of becoming intoxicated: Provided, That no appeal taken by any person from the order of the Board granting such license shall operate to estop the person receiving such license from selling intoxicating liquor thereunder until the close of the next term of court in which such appeal is pending, at which such cause might be lawfully tried. And he shall not be liable as a seller without license for sales made during the pendency of such appeal, but he shall be liable for the violation of any of the provisions of this act during such time, the same as f regularly lieensed. Sec. 5. If said applicant desire to sell spirituous, vinous and malt liquors in quantities of lees than a quart at a time, he shall pay the Treasurer of said county SIOO as a license fee for one year before license shall issue to him, and if he desire to sell only vinous or malt liquors, or both, in quantities less than a quart at a tinje, he shall pay to the Treasurer of said county fifty dollars as a license fee for one year before license shall issue to him, such fee to be paid into the school fund of the county in which such licenses are obtained. Sec. 6. No city or incorporated town shall charge any person who may obtain license under the provisions of this act more than the following sums for license to sell within their incorporated limits: Cities may charge SIOO and incorporated towns SIOO, in addition to the sum provided for hereinbefore.

Sec. 7. Upon the execution of the bond as required in the fourth section of this act, and the presentation of the order of the Board of Commissioners granting him license, and the County Treasurer’s receipt for fifty dollars, if the application be for vinous and malt liquors only, or a receipt for gIOO, if the aplicationbe for the sale of spirituous; vinous and malt liquors as aforesaid, the County Auditor shall issue a license to the applicant for the sale of such liquors, as he applied"for, in less quantities than a quart at a time, with the privilege of permitting the same to be drank on the premises as stated in the aforesaid notice, which license shall specify the name of the applicant, the place of sale and the period of time for which such license is granted. —, Sec. 8. No license as herein provided shall be granted for a greater or less time than one year. Sec. 9. A license granted under the provisions of this act shall not authorize the person so licensed to sell or barter any intoxicating, vinous or malt liquors on Sunday, nor upon any legal holiday, nor upon the day of any State, county, township or municipal election in the township, town or city where the same may be holden, nor between the hours of eleven p. m. and five a. m., and upon conviction thereof he shall be deemed guilty of a misdemeanor and be fined in any sum not less than ten nor more than fifty dollars, and for a second conviction he shall forfeit his license, which shall be a part of the judgment ot the court trying the same. Sec. 10. Every person who shall directly or indirectly sell, barter or give away any intoxicating, spirituous, vinous or malt liquors to any person who is in the habit of being intoxicated, after notice shall have been given him in writing by the wife, child, parent, brother or sister of such person, or by the Trustee of the township where he resides, that such person is in the habit of being intoxicated, shall be guilty of a misdemeanoi, and upon conviction thereof shall be fined not less than ten nor more than fifty dollars. Sec. 11. Any person of sound mind found in any public place in a state of Intoxication shall he deemed guilty of a misdemeanor, and, upon conviction, be fined in any sum not less than two nor more than five dollars for each offense. Sec. 12. Any person not being licensed according to the provisions of this act who shall sell or barter, directly orindirectly, any spirituous, vinous or malt liquors in a less quantity than a quart at a time, or who shall sell or barter any spirituous, vinous or malt liquors to be drank or suffered to be drank in his house, out-house, yard, garden, or the appurtenances thereto belonging, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than S2O nor more than SIOO,-to which the court or jury trying the cause may add imprisonment in the county ail of not less than thirty days nor more than six months. Sec. 13. If any person shall sell, barter or give away, directly or indirectly, any spirituous,vinous or malt liquors to any perspn’Unaer the age ot twenty-one years, he shall be deemed guilty ot a misdemeano;:. and, upon conviction thereof, shall be fined in anyjfcum not less than ten nor more than fifty dollaß. Sec. 14. If apy person under the age of twentyone years shall misrepresent his age and state himself to be over twenty-one years of age, in order to purchase spirituous, vinous or malt liquors, he shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in any snm not less than ten nor more than fifty dollars’.

Sec. 15. Any person -who shall sell. barter, or give away any spirituous,vinous or malt liquors to any person at the time in a state of intoxication shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than ten nor more than fifty dollars. Sec. 16. Any person who shall adulterate or shall sell or offer for sale any spirituous, vinous or malt liquors which.have been adulterated by the admixture of any deleterious substance therewith shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than SSO nor more than SSOO. to which the court or jury trying the same may add imprisonment in the County Jail of not less than thirty days nor more, than six months. ' SEc. 17. ’Every place, house, arbor, room or shed wherein spirituous, vinous or malt liquors are sold, bartered or given away or suffered to be drank, if kept in a disorderly manner, shall be deemed a common nuisance,'and the keeper thereof, upon conviction, shall forfeit his license and be fined in any sum not less than $lO nor more than $100: Provided, That no prosecution shall be instituted or maintained against any person for the violation of the provisions or this act occurring between the time when it shall take effect and the close of the first regular session of the Board of Commissioners of the proper county, the begining of which session not taking place in less time than four weeks after this act shall have taken effect. Sec. 18. Criminal Circuit Courts and Circuit Courts within their respective jurisdiction shall have power to hear and determine all complaints for the violation of the provisions of this act, and the Grand Juries of the several courts shall have power, and it is hereby made their duty, to take cognizance of offenseS against its provisions, as in oases of felonies. sec. 19. Justices of the Peace within their respective counties shall have try and determine all cases arising under the provisions of this act, except as provided in Sec. 16 of this act: Provided, That if in the opinion of the Justice or jury trying any such case a fine of twenty-five dollars shall be an inadequate punishment for such violation, then the Justice in such case shall recognize the party in sufficient bond and surety to appear at the next term of the Criminal Circuit Court, or Circuit Court of the propet county, to answer said charge. Sec. 20. Every person who shall sell, barter, or give away any intoxicating liquors In violation of

any of the provisions of this act shall be personally liable, and also liable on his bond filed in the Auditor’s office, as required by .Sec. 4 of this act, to any person who shall sustain any injury or danger to their person or property or means of s £ pport on account of the use of such intoxicating liquors so sold as aforesaid, to be enforced by appropriate action in any court of competent jurisdiction. Sec. 21. Ail former laws regulating the sale of intoxicating liquors, and all laws and partp of laws coming in conflict with any of the’ provisions of this act, be and the same are hereby repealed; Provided, however. That nothing herein contained shall be so construed as to affect in any way suits or indictments now pending in aqv of the courts in this State under the provisions of any of the laws hereby repealed, and the same shall’be tried and determined as though this act had not been passed. ♦ Sec. 22. It is hereby declared that an emergency exists for the immediate taking effect of ihis act. It shall therefore be in force from and. after its passage. Approved and signed March 17, 1875.