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the case of a person who is wholly or partly a charge upon the town, which fact shall be stated in such notice;
6. To any person confined in or committed to a state prison, jail, penitentiary, house of refuge, reformatory, protectory, industrial school, asylum or state hospital, or any inmate of a poor-house, or any patient in any colony or institution established for the care or treatment of epileptics, except upon a written prescription from a physician to such institution, specifying the cause for which such prescription is given, the quantity and kind of liquor which is to be furnished, the name of the person for whom and the time or times at which the same shall be furnished. Such prescription shall not be made unless the physician is satisfied that the liquor furnished is necessary for the health of the person for whose use it is prescribed, and that fact must be stated in the prescription.
$ 22. Section thirty-one of the said chapter is hereby amended so as to read as follows:
$ 31. Other illegal sales and selling ; definitions of "hotel" and “guest;"exceptions ; special liquor tax certificates in cities of the first and second class. - It shall not be lawful for any corporation, association, copartnership or person which, or who, has not paid a tax as provided in section eleven of this act and obtained and posted the liquor tax certificate as provided in this act to sell, offer or expose for sale, or give away liquors in any quantity less than five wine gallons at a time; nor, without having paid such tax and complied with the provisions of this act, to sell, offer or expose for sale or give away liquor in any quantity whatever, any part' of which is to be drunk on the premises of such vendor or in any outbuilding, booth, yard or garden appertaining thereto or connected therewith. It shall not be lawful for any corporation, association, copartnership or person, whether having paid such tax or not, to sell, offer or expose for sale, or give away, any liquor:
a. On Sunday; or before five o'clock in the morning on Monday;
b. On any other day between one o'clock and five o'clock in the morning; or
c. On the day of a general or special election, or city election or town meeting, or village election, within one-quarter of a mile of any voting place, while the polls for such election or town meeting shall be open: or
d. Within two hundred yards of the grounds or premises upon which any state, county, town or other agricultural or horticultural fair is being held, unless such grounds or premises are within the limits of a city containing one hundred and fifty thousand inhabitants or more; or e. To sell or expose for sale or have on the premises where liquor
Vol. I 30
is sold, any liquor which is adulterated with any deleterious drug, substance or liquid which is poisonous or injurious to health; or
f. To permit any girl or woman, not a member of his family, or to knowingly permit any person who has been convicted of a felony, to sell or serve any liquor upon the premises; or
g. To have open or unlocked any door or entrance from the street, alley, yard, hallway, room or adjoining premises to the room or rooms where any liquors are sold or kept for sale during the hours when the sale of liquors is forbidden, except when necessary for the egress or ingress of the person holding the liquor tax certificate authorizing the traffic in liquors at such place, or members of his family, or his servants, for purposes not forbidden by this act; or to admit to such room or rooms any other person during hours when the sale of liquor is forbidden; or
h. To have during the hours when the sale of liquor is forbidden any screen or blinds, or any curtain or article or thing covering any part of any window, or to have in any window or door any opaque or colored glass that obstructs or in any way prevents a person passing from having a full view from the sidewalk, alley, or road in front of, or from the side, or end of the building, of the bar and room, or any part of such bar and room, in such building where liquors are sold or kept for sale; or to traffic in liquors in any interior bar or room or place not having in the principal door of entrance to such room or bar, a section of such door fitted with clear glass, through which, during prohibited hours and times, a clear, unobstructed view of the bar and room where liquors are sold and kept for sale can be had. And it shall be unlawful to have at any time in the room where liquors are sold any enclosed box or stall or any obstruction which prevents a full view of the entire room by every person present therein; or
i. For the holder of a liquor tax certificate under subdivision four of section eleven to sell liquor except to passengers in actual transit; or
j. To sell liquor in any quantity in a town in which a liquor tas certificate is prohibited under subdivisions one, two and four of section sixteen of this act, as the result of a vote pon“ questions submitted; " provided, however, that a grower of fruit or a manufacturer of any liquor produced therefrom, in such town, may sell such liquor in quantities of five gallons.or more, but only for delivery outside of such town; or
k. To solicit, accept or procure an order to deliver or send to another, or for another, liquor in any quantity, when the person for whom such liquor is procured, and the person soliciting, accepting or procuring such order, resides in a town in which a liquor tax certificate is prohibited under subdivisions one, two and
four of section sixteen of this act, as the result of a vote on questions submitted."
The provisions of clauses “ a,” “ b,” “c,” and “d” of this section are subject, however, to the following exception: The holder of a liquor tax certificate under subdivision two or three of section eleven of this act who is a legally licensed pharmacist may sell liquor for medicinal purposes, only upon the prescription of a duly licensed physician, which prescription shall be preserved by the verdor and pasted in a book and be but once filled, and that only on the day when dated and given, which book shall be kept in the same room where the traffic in liquors is carried on, and shall be open to the inspection of any special agent or peace officer, and such liquors so sold shall not be drunk on the premises where sold, or in any outbuilding, yard, booth or garden appertaining thereto or connected therewith, except when such physician prescribes it to be used upon such premises in case of an accident, and provided further that the physician giving such prescription, shall not be the pharmacist himself nor a member of the corporation, association or copartnership selling such liquor, nor in his or their employ, and such prescription shall not be given unless the physician is satisfied that the liquor to be furnished is necessary for the health of the person for whom it is prescribed, which fact must be stated in the prescription. Clauses “a,” “C” and “d” of this section are subject to the following exception:
The holder of a liquor tax certificate under subdivision one of section eleven of this act who is the keeper of a hotel, may sell liquor to the guests of such hotel, except to such persons as are described in clauses one, two, three, four, five and six of section
hirty of this act, with their meals, or in their rooms therein, except between the hours of one o'clock and five o'clock in the morning, but not in the barroom or other similar room of such hotel; and the term “hotel” as used in this act shall mean a building regularly used and kept open as such for the feeding and lodging of guests, where all who conduct themselves properly and who are able and ready to pay for their entertainment, are received if there be accommodations for them, and who, without any stipu lated engagement as to the duration of their stay, or as to the rate of compensation, are, while there, supplied, at a reasonable charge, with their meals, lodgings, refreshment and such service and attention as are necessarily incident to the use of the place as a temporary home, and in which the only other dwellers shall be the family and servants of the hotel keeper; and which shall conform to the following requirements, if situate in a city, incorporated village of twelve hundred or more inhabitants, or within two miles of the corporate limits of either:
1. The laws, ordinances, rules and regulations relating to hotels and hotel keepers, including all laws, ordinances, rules and regulations of the state or locality pertaining to the building, fire and health departments in relation to hotels and hotel keepers, shall be fully complied with.
2. Such building shall contain at least ten bedrooms above the basement, exclusive of those occupied by the family and servants, each room properly furnished to accommodate lodgers, and separated by partitions at least three inches thick, extending from floor to ceiling, with independent access to each room by a door opening into a hallway, each room having a window or windows with not less than eight square feet of surface opening upon a street or open court, light-shaft or open air, and each having at least eighty square feet of floor area, and at least six hundred cubic feet of space therein; a dining-room with at least three hundred square feet of floor area, which shall not be a part of the barroom, with tables, and having suitable table furniture and accommodations for at least twenty guests therein at one and the same time, and a kitchen and conveniences for cooking therein sufficient to provide bona fide meals at one and the same time for twenty guests. The same requirements shall apply to a hotel situate in any other place, except that the number of bedrooms for guests shall not be less than six, and the dining-room shall have not less than one hundred and fifty square feet of floor area, and the kitchen accommodations shall be sufficient for at least ten guests. A guest of a hotel, within the meaning of this exception to section thirty-one of this act, is:
1. A person who in good faith occupies a room in a hotel as a temporary home, and pays the regular and customary charges for such occupancy, but who does not occupy such room for the purpose of having liquor served therein; or
2. A person who, during the hours when meals are regularly served therein, resorts to the hotel for the purpose of obtaining, and actually orders and obtains at such time, in good faith, a meal therein.
And it is further provided that a corporation or association, organized in good faith under chapter five hundred and fifty-nine of the laws of eighteen hundred and ninety-five, or under any law which, prior to May sixth, eighteen hundred and ninety-five, provided for the organization of societies or clubs for social, recreative or similar purposes, and which corporation or association was actually lawfully organized, and, if a corporation, its certificate of incorporation duly filed, prior to March twenty-third, eighteen hundred and ninety-six, and which at such date trafficked in or distributed liquors among the members thereof, is excepted from the provisions of clauses “ a," “ b.”“Ç” and “d” of this section, And the provisions of clause “b” of this section is subject to the following exception: In cities on the presentation by the
holder of a liquor tax ceretificate under subdivision one of section eleven of a permit for trafficking in liquor during the designated hours of one or more specified days, except Sunday, and at a place specified, granted and signed by the mayor of the city and the chief of police, and the payment of a tax of ten dollars for each day, the county treasurer or special deputy commissioner charged with the duty of issuing liquor tax certificates shall issue a special liquor tax certificate for the sale of liquor at the place and during the time so specified, which certificate shall be in the form prescribed and furnished by the state commissioner of excise.
§ 23. Section thirty-two of said chapter is hereby amended so as to read as follows:
§ 32. Sales and pledges; when void.— No recovery shall be had in any civil action, to recover the purchase price of any sale on credit of any liquor, to be drunk on the premises, where the same shall be sold. All securities given for such debts shall be void. Any person taking such security, with intent to evade this section, shall forfeit a penalty of fifty dollars for each offense. Each assignment, sale or pledge of articles or property exempt, by law, from execution, and every levy or sale of such articles or property by virtue of an execution by consent of the defendant therein, shall be void, where the consideration, or any part thereof, for which such assignment, sale or pledge was made, or for the debt on which judgment was rendered in any court and on which such execution was issued, was for the sale of liquors.
§ 24. Section thirty-four of the said chapter is hereby amended so as read as follows:
$ 34. Penalties for violation of this act.— 1. Any corporation, association, copartnership or person trafficking in liquors, who is prohibited from so doing or who so traffics without having lawfully obtained a liquor tax certificate; or contrary to the provisions of section sixteen of this act; or who shall neglect or refuse to make application for a liquor tax certificate, or give the bond, or pay the tax imposed as required by this act, shall be guilty of a misdemeanor, and upon conviction therefor shall be punished by a fine of not less than two hundred dollars nor more than one thousand dollars, provided such fine shall equal at least the amount of tax for one year, imposed by this act upon the kind of traffic in liquors carried on, where carried on, or which would be so im. posed if such traffic were lawful, and may also be imprisoned in a county jail or penitentiary for the term of not more than one year.
2. Any corporation, association, copartnership or person, who shall make any false statement in the application required to be presented to the county treasurer or other officer to obtain a liquor tax certificate, or to obtain a transfer thereof, or who shall