CHAPTER 35.

SALE OF INTOXICATING LIQUORS.

AN ACT to provide for and regulate the keeping and sale of intoxi- s. F. 414. cating liquors for lawful purposes, and to repeal sections 1, 2,

3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 of Chapter 71 Laws of the Twenty-second General Assembly.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. That Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, Sections of "Chap. 71, acts 12, 13, 14, 15, 16, 17, 18 and 19 of Chapter 71 laws of the 22nd G. A. Twenty-Second General Assembly, be and the same are hereby repealed, and the following enacted in lieu thereof.

bidden except

permits.

SEC. 2. That after this act takes effect no person shall Traffic formanufacture for sale, sell, keep for sale, give away, exchange, to holders of barter or dispense any intoxicating liquor, for any purpose whatever, otherwise than is provided in this act. Persons holding permits, as herein provided, shall be authorized to sell and dispense intoxicating liquors for pharmaceutical and medical purposes, and alcohol for specified chemical mechanical purposes, and wine for sacramental purposes and to sell to registered pharmacists and manufacturers of proprietory medicines, for use in compounding medicines, and to permitholders for use and resale by them, for the purposes authorized by this act, but for no other purposes whatever; and all permits must be procured, as hereinafter provided, from the Permits, how district court of the proper county at any term thereof after procured. this act takes effect, and a permit to buy and sell intoxicating liquors, when so procured shall continue in force until revoked according to law. Provided further that this section shall not

from dis

tinued by

be construed to prevent licensed physicians from dispensing Physicians in good faith such liquors as medicine to patients actually sick not prevented and under their treatment at the time of such dispensing. pensing. Provided further that in case of death or other disability of any Registered Pharmacist the administrator Guardian or legal Representative of such Pharmacist may continue such May be conbusiness subject to the provisions of this act through the RepresentaAgency of any Reputable Registered Pharmacist conditioned tive. upon their being first obtained the approval of the district court or clerk thereof provided further that before entering upon such duties such party or person shall file with the clerk of said court a bond as herein provided to be approved by the Bond. clerk of said court.

Application

for permit. Publication.

SEC. 3. Notice of an application for a permit must be published for three consecutive weeks in a newspaper regularly published and printed in the English language, and of general circulation in the city or town where the applicant proposes to keep and sell intoxicating liquors, or if there be no newspaper regularly published in such city or town such publication shall be made in one of the official papers of the county, the last of which publication shall be not less than ten days nor more than twenty days before the first day of the term; and state the name of the applicant, with the firm name pose and loca- under which he is doing business, the purpose of the application, the particular location or the place where the applicant proposes to keep and sell liquors, and that the petition provided for in the next section, will be on file in the clerks office, at least ten days before the first day of the term, naming it, when the application will be made, and a copy on Co. Atty. thereof shall be served personally upon the county attorney in the same manner and time as required for service of original notices in the district court.

Name, pur

tion of appli

cant.

Copy served

Application

filed with

term.

Must be a citizen of Iowa and reg

macist.

SEC. 4. Applications for permits shall be made by petition clerk of court signed and sworn to by the applicant and filed in the office of 10 days before the clerk of the district court of the proper county at least ten days before the first day of the term, which petition shall state the applicant's name, place of residence, in what business he is then engaged, and in what business he has been engaged for two years previous to filing the petition; the place, particularly describing it, where the business of buying and selling liquor is to be conducted; that he is a citizen of the United States and of the State of Iowa; that he is a registered pharmacist and now is, and for the last six months has istered phar- been lawfully conducting a pharmacy in the township or town wherein he proposes to sell intoxicating liquors under the permit applied for, and as the proprietor of such pharmacy, that he has not been adjudged guilty of violating the law relating to intoxicating liquors within the last year next preceding his application; and is not the keeper of a hotel, eatStatements in ing house, saloon, restaurant or place of public amusement; that he is not addicted to the use of intoxicating liquors as a beverage and that he desires a permit to purchase, keep and sell such liquors for lawful purposes only. And every applicant who has at any time taken out a permit under this act As to revoked which said permit has been revoked shall if he again apply for a permit, file with such application the further statement under oath, that he has not within the last two years next preceding his application, been knowingly engaged employed or interested in the unlawful manufacture, sale or keeping for sale of intoxicating liquors.

application.

permits.

"Provided further, when a pharmacist has procured a permit, and by reason of the expiration of his lease, or for any

location.

other good reason he desires to change his locality to another Change in place in the same township, town, or ward, the court may grant to him on his petition, the right to continue business under his permit in the same township, town or ward, in which the permit is granted."

Auditor.

breach of

SEC. 5. This permit shall issue only on condition that the condition of applicant shall execute to the State of Iowa a bond in the issue. penal sum of one thousand dollars with good and sufficient Bond $1,000. sureties to be approved by the Clerk of the Court, conditioned that he will well and truly observe and obey the laws of Iowa, now or hereafter in force, in relation to the sale of intoxicating liquors, that he will pay all fines, penalties, damages and costs that may be assessed or recovered against him for a violation of such laws during the term for which said permit is granted. The said bond shall be deposited with the county Bond deposauditor, and suit shall be brought thereon at any time by the ted with county attorney, or any person for whose benefit the same is given, and in case the conditions thereof or any of them shall be violated, the principals and sureties therein, shall be jointly and severally liable for all civil damages, costs and judgments, that may be obtained against the principal in any civil action brought by a wife, child, parent, guardian, employer or other Use of bond. person, under the provisions of section fifteen hundred and fiftysix, fifteen hundred and fifty-seven and fifteen hundred and fifty-eight of the Code of Iowa, as the same is amended and now in force, and section twelve, chapter sixty-six, acts of the Money colTwenty-first General Assembly of the State of Iowa. The lected on clear proceeds of all other money collected for breaches of bond." such bond shall go to the school fund of the county. Said bond shall be approved by the clerk of the district court Approval of under the rules and laws applicable to the approval of official bonds. If at any time the sureties or any of them on said bond shall become insolvent or be deemed insufficient by the clerk of the District Court said clerk shall require a new bond New bond to be executed within a time to be fixed by him, and a failure quired. of the person holding such permit to execute such new and sufficient bond within the time fixed by said clerk therefor Failure to shall cause said permit to become null and void. If the appli- bond." cation for the permit is granted it shall not issue until the applicant shall make and subscribe an oath before the clerk, which shall be indorsed upon the bond to the effect and tenor following: "I .. do solemnly swear (or affirm) that I will Form of oath. well and truly perform all and singular the conditions of the within bond, and keep and perform the trust confided in me to purchase, keep and sell intoxicating liquors. I will not sell, give or furnish to any person any intoxicating liquors otherwise than as provided by law, and, especially, I will not sell or furnish any intoxicating liquors to any person who is

may be re

give new

Customer

must be personally known.

Returns.

Returns.

Clerk shall

not known to me personally, or duly identified; nor to any minor, intoxicated person or persons who are in the habit of becoming intoxicated; and I will make true, full and accurate returns of all certificates and requests made to or received by me as required by law; and said returns shall show every sale and delivery of such liquors, made by or for me during the months embraced therein, and the true signature to every request received and granted; and such returns shall show all the intoxicating liquors sold or delivered to any and every person as returned."

Upon taking said oath and filing bond as herein before proissue permit. vided, the clerk shall issue to him a permit authorizing him to keep and sell intoxicating liquors as in this act provided; and every permit so granted, shall specify, the building, giving the street and number, or location in which intoxicating liquors may be sold by virtue of the same, and the length of time the same shall be in force.

Court shall hear appli

cant on first

SEC. 6. No application for a permit shall be considered or acted upon by the court until the requisite notice has been day of term. given and petition filed as provided by this act and each is in form and substance such as required. On the first day of the term, having ascertained that the application is properly presented the court shall proceed to hear the application, unless objection thereto be made, in which case the court shall appoint a day during the term, but not later, when the same shall be heard; and in doing so shall consider the convenience of the court, and the interested parties and their council so far as the state of the business and the necessities of the case will permit.

Hearing prevented.

Remon

strance or objection.

If unavoidable causes prevent a hearing during the regular time allotted to the term, the same shall be heard and disposed of in vacation by the judge as soon as practicable thereafter. The county attorney or other council or any five citizens may in person or by council appear and resist the application. Any remonstrance or objection thereto must be in writing and filed on or before noon of the first day of the said term or by such later time as may be fixed by the court, and before the date fixed for hearing and such remonstrance shall state specifically the objection thereto. And whether resisted or objection be made or not the court shall not grant the permit until it shall first be made to appear by competent Moral qualifi- evidence that the applicant is possessed of the character and qualifications requisite, is worthy of confidence and to receive the trust and will be likely to execute the same with fidelity; and that the statements made in his application are all and singular true, and, considering the population of the locality and the reasonable necessities and convenience of the cation is re- people such permit is proper. If the application is resisted the court or Judge shall hear controversy upon the petitions,

cations.

In case appli

sisted.

remonstrances and objections, and the evidence offered and grant or refuse such permit, as the public good may require.

in same local

If there be more than one permit applied for in the same More than locality they shall all be heard at the same time, unless for one applicant good cause otherwise directed, and the court may grant or ity. refuse any or all of the applications as will best subserve the public interest.

deemed

court.

be suspended.

SEC. 7. Permits granted under this act shall be deemed Permits trusts reposed in the recipients thereof, and may be revoked trusts. upon sufficient showing, by order of the court or judge thereof. Complaint may be presented at any time to the district court, or one of the judges thereof, which shall be in writing and signed and sworn to by three citizens of the county in which the permit was granted, and a copy of such complaint shall, Complaints with a notice in writing of the time and place of hearing be heard by served on the accused, five days before the hearing, and if the complaint is sufficient, and the accused appear and deny the same, the court or judge shall proceed without delay, unless continued for cause to hear and determine the controversy, but if continued or appealed at the instance of the permit-holder, his permit to buy and sell liquors may in the discretion of the court be suspended pending the controversy. The complain- Permit may ant and accused may be heard in person or by council or both, and submit such proofs as may be offered by the parties; and if it shall appear upon such hearing, that the accused has in any way abused the trust or that liquors are sold by the accused or his employes in violation of law or if it shall appear that any liquor has been sold or dispensed unlawfully or has been unlawfully obtained at said place from the holder of the permit or any employee assisting therein, or that he has in any proceeding civil or criminal, since receiving his permit, been adjudged guilty of violating any of the provisions of this act or the acts for the suppression of intemperance, the Permit may court or judge shall by order revoke and set aside the permit; the papers and order in such case shall be immediately returned to and filed by the clerk of the court, if heard by the Action judge and the order entered of record as if made in court, and entered of if in this or any other proceeding, civil or criminal, it shall be adjudged by the court or judge that any registered pharmacist, proprietor or clerk who has been guilty of violating this act or the act for the suppression of intemperance and amendments thereto, by unlawfully manufacturing, selling, giving away or unlawfully keeping with intent to sell intoxicating liquors, such adjudication may in the discretion of the Commissioners of Pharmacy, if such violations are thereafter repeated, work a forfeiture of his certificate of registration. It shall be the duty af the clerk to forward to the Commis- certificate. sioners of Pharmacy such transcripts without charge therefor, as soon as practicable after final judgment or order.

be

record.

Forfeiture of

registration