The New Liquor Law

Skotion 1. The People of the State of Michigan enact. That in all townships, cities and villages of this State there shall be paid anuually the following tax upon the business of manufacturin, selling or keeping fr sale, by all persc-ns whose business, in whole or in part, consista in selling or keeping for sele, or manufacturing distilled or brewed or malt liquors, or mixed Lq'iors as follows : Upon the business of selling or offering for sale spirituous or intoxicating liquors, or mixed liquors by retail, or any mixture or compound, excepting proprietary patent medicines, which in whole or in part consist of fpirituous or intoxicating liquors, and any malt, brewed, or fermented liquors, five hundred dollars per annum ; upon the business of selling only brewed or malt liquore at wholesale or retail, or at wholesale and retail, three hundred dollars per annum ; upon the business of seliïng spirituous or intoxicating liquorg at wholeeaie, five hundred dollars; or at wholesale and retail, eigbt hundred dollars per annum ; upon the business of manufacturing brewed or malt liquorg for sale, sixty-five dollars per annum; upon the business of manufaoturing for sale fpirituous or intoxicating liquors, eight hundred dollars per annum. No person piying a tax on spirituous or intoxicating 1 quors under this act shall be Hable to pay any tax on the sale of malt, brewed or fermented liqnors. No person paying a manufaeturer's tax on brewed or malt liquors under this act shall be liable to pay a wholesale dealere tax on the same. Sec. 2. Retail dealers of spirituous or intoxicating liquors, and brewed, malt or fermented liquors, shall be held and deemed to include all persons who sell any of suoh liquors by the drink, and in quantities of three gallons or less, or one dezen quart bottles or less, at any one time, to any person or persons. Wholesale dealers shall be held and deemed to mean and include all persons who sell or offer for sale such liquors or beverages in quantities of more than three gallon?, or more than one dozen quart bottles, at any one time, to any person or persons. No tax iinpoied under this act shall be required from any person for selling any wine or eider made from fruite grown or gathered in thig state, unless such wine or eider be sold by the drink as other beverages are. Sec. 3. The penal provisions for this act shall not apply to druggists who sell liquors for chemical, scientific, medicinal, mechanical, or sacramental purposes only, and in strict compliance wiih law. It shall not be lawful for any druggist, nor . for any person whose business consists in whole or in part of the sale of drugs and medicines, directly or indirectly, by himself, his clerk, agent or servant, at any time to sell, furnish, give or deliver, any mixed liquor, a part of which is spirituous, malt, brewed, fermented or vinous, to a minor, except for medici-al or mechanical purposes, on the written order of the parent or guardián of such minor, nor to any adult person whatever, who is at the time intoxicated, nor to any Indian, or any person of Indian descent, nor to any person when forbidden in writing so to do by the hu?band, wife, parent, child, aian, or empioyer ot such person, or by the supervisor of the township, or mayor, or director of the poor, or any supervisor or alderman of the city, or president or trustee of any village or superintendent of the poor of the county in which such person shall reside or temporarily remain, nor to any other person to be used as a beverage, nor to any person to be drank on the premiseg, nor be mixed and drank with any beverage drawn from a sodafountain or other apparatus or device for digpeneing aerated or other beverages; but such druggist shall be ailowed to sel'l such liquors for medicinal, chemical, scientific, mechanical and sacramental purposes only, withcut the payment of any tax specified in section one, and Eubjectto the following restrictions and conditions: Every such dealer in drugs and medicines shall procure and keep a suitable blank book in which shall be recorded by gaid druggist, his clerk or employé the names of all pergons applying for such liquor for any of these lawful purposes, the date of each sale, the amount and kind of liquor sold to each person, and the purpose to which the sime was to be applied, as stated by the purchaser, which book shall be kept in the store of eaid druggist, and shall be open to all persons for exaniication during all buiness hours; and the failure to.keep a record of every such sale, in manner and form as sforesaid, or the delivery of liquor for any purpose other than above named, shall subject such drnggist to the penalties provided for in this section : Provided, That such gist shall, on or before the first day of May in each year, or before commencing business, execute and file with the county treasurer of the county in which he is carrying on such business, a bond. the sufficienoy of which ehall be determined by the township board of the township, or the board of trustees, or the common council of the village or city in which such business is proposed to be carried on, to the people of the state of Michigan, in the sum of two thousand dollars, with two or more -ufficient pureties, who sha'l be freeholders and residents of the county in whioh such business is proposed to be carried on, each of whom shall justify in a sum equal to the amount of the bond, over and above all indebtedness and ali exemptions from sale on exeeution, and a!l liability on other similar bond. Whenever any drnggist shall viólate any of the provisions of thia section, he shall, on conviction thereof, be deemed guilty of a misdemeanor, and be puniehed by a fine of not less than one hundred nor more than five hundred dollars, and costs of prosecution, or imprisonment in the county jail not less than ninety days nor more than one year, or both such fine and imprisonment, in the discretion of thecourt; forasecond violation ofany of the provisions of thia act, such druggist shall, in addition to the penalty hereinbefoie provided fjr, be debarred frcm selling in thn state any of the liquors hereinbtfjre mentioned, for a period of five years f rom and after the date of such conviction, and it shall be set forth and declared in the record of judgment upon such second conviction : Provided, Tbat every drug clerk sha'l be respousible for violating the provisions of this act, for hÏ9 personal act or violation, and be subject to the same penalties as proprietors or eroplovers. Sec 4. Every person engaged in, or intending to engage in, any business named in section one of this act, and requiring the payment of any tax mentioned ii section one, shall, on or before the first day of May in each year, mttke and file with the county treasurer in the county where it is proposed to carry on such business, a statement in writing and on oath, showing the name and residence of such person, the ward, village or township in which it is proposed to carry on such sale oí manufacture, and the iiature of tbe business which such person is engaged ir, or is intending to engage in ; and shali, on or before the first day of May in each year, pay to the said county trea-urer, in advanoe, the taxes required by said section one for such business for the year commencing on said first day of My and ending on the thirtieth day of April next thereafter. Sec. 5. Every person engaging in any business specified in section one of this act after the first day of May in each year shall, before commenoing such business, make and file the like statement, on oath, as provided for in section three of this act, and pay in advance to said county treasurer a pro rata portion of the yearly tax on such business, as provided in section one, for the remainder of the year ending on the thirtieth day of April next ensuing; and in computing the time of such fractional part of a year for which a tax 9 required the same shall conomence on the first day of that month in which said business shall commence. But no tax shall be less than one-half the yearly tax. Sec 6. On receiving the tax provided for in this act the county treasurer shall give a receipt for the money so paid to the person or persons of whom the same shall be received, in which receipt the name of the person or persons paying the tax shall be stated, ard shall specify therein the amount of the tax and the time for whioh it was paid, the city, village or township in which the business is to be conducted, and the kind of business for or on account of which the tax was paid ; and he shall also deliver to such person or persons a notice, printed on full size printer's cardboard, and in as large letters as practicable, which notice shall contain a statement of what tflx ba9 been paid by the holder of said notice and the penalties of selling liquors in violation of the provisions of this act, and that complaint may be made to anv justice of the peace or pólice justice. Befoie commencing or doing any buwnpss for the time for which such tax is paid, and the receipt ig given, the said notice and receipt ehalt be posted up and at all times displayed in a conspicuDus place iu the room or place where the sale of the liquors or beverages named in this act, and for which the tax was paid, is carried' on, so that such receipt and notice shall be displayed in a conspicuous manner to all persons visiting or frequenting suoh room or place. And it shall be the duty of the Auditor General to prepare printed blank receipts and notices conforming to the provisions of this act, and to furnish the same in proper quantities to the several county treasurers of the state end no county treasurer shall issue any such receipt or notice until the tax bed herein shall be paid in full in money. Sec. 7. If any person or persous shall engage or be engaged in any business requiring the payment of a tax under section one of this act without having paid in full the tax required by this ac', and without having the receipt and notice lor 8uch tax posted up as required by this act, or without having made. executed and delivered the bond required by this act, or shall in any manner viólate any of the provisions of this act, such person or persons shall be deemed guilty of a misdemeanor, and upon conviction thereof if there is no specific penalty provided therefor by this act, shall be punished by a fine of not more than two hundred dollars and costs of prosecution, or by imprisonment in the county jail not less than ten days nor more than ninety days, or both such fine and imprisonment, in the di cretion of the court. And in case such fine and costs shall not have beed paid at the time such imprisonment expires, the person serving out such sentence shall be further detained in jail until such fine and costs shall have been fully paid : Provided, That in no case ehall the whole term of impris onment exceed six months. And any person or persons engaeed in any business requiring the payment of a tax under section one of this act, who after paying the tax so required, eball be convicted of a violation of any of the provisions of this act, shall thereby in addition to all other penalties prescribed by this act, forfeit the tax so paid by him or them, and be precluded from continuing such business for the remainder of the year or time for which said tax was paid, and be debarred from again engaging in any business requiring the payment of a tax under section one of this act, or from becoming a surety or sureties upon any bond required under section seven of this act, for the period of one year from the time of such oonviction. Each violation of any of the provisions of this act shall be construed to constitute a separate and complete offense, and for each violation on the same day, or on different days, the person or persóns offending shall be hable to the penalties and forfeitures herein provided, and be precluded and debarred from continuing or engaging in any business requiring the payment of a tax under this ajt as abresaid. And it sball be the duty of sheriff, marshal, constables and pólice offlcers to' forthwith close all saloons ard other places where the business of manufacturing, selling or keeping for sale any of the liquors mentioned in section one of thia act is being conducted upon which business the tax required by Baid section one has not been paid in t'ull, and in which the reoeipt raentioned in section five of this act shall not be posted upand displayed. Sec. 8. Every person engaged in the sale of any spirituous, malt, brewed. ferraented or vinous liquors, except druggists, ihall, before commenciag such business, and on or before the first day of May in each year thereafter, make, execute, and deliver to the county treasurer of the county in which he is carrying on such business, a bond, the sufficiency of which shall be deteimined by the township board of the township, er the board of trustees, ihe countil or the common conncil of the village or city in which such business is proposed to be carried on, to the people of the State ot Michigan, in the sum of not less than three thousand nor more than six thousand dollar, with two or more suffioient sureties, who shall be male reidents and freeholders of the towuship, villape or city in which such business is proposed to be carried on, neither of whotn shall hold any elective or appointive office in any county, city, village or township of this State, except notarles public, nor be a surefy upon more than two bonds required by the prov.sions of this act, and each oí whom shall justify in real estáte situated in the county in which such ntss is proposed to be carried on, in a gum equal to the amouut of the bond, over and above all iadebtedness, and sll exemptions from sale or execution, which bond shall be substantiaily in ihe following form: Know all mea by these presents, that we as principal, and and, , as sureües, are held and firmly bound unto the people of the State of Michigan in the sum of dollars, to the payment whereof, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, firmly by these presents. Sealed with our seals and dated thU day of A. D. 18.... Whereas, the above named principal proposes to carry on the business of (and describing the place of business) , at , in the county of And whereas, the said principal has covenanted and agreed, and doth hereby covenant and agree as follows, to-wit: That he will not direotly or indirectly, by himself, his clerk, agent or servant, at any time, sell, furnigh, give, or deliver any spirituous, malt, brewed, fermented, or vinous liquor, any mixed Iquor, or any mixture or compound, a part of whi'ch is spirituous, malt, brewed, fermented or vinous liquor to a minor nor to any adult person whatever, who is at the time intoxicated, nor to any person in the habit of getting intoxicated, nor to any Indian, or any persen of Indian descent, nor toany person when forbidden in writing so to do by the husband, wife, parent, child, guardián or employer, of such person, er by the supervisor of the township, mayor of the city or director of the poor, or president, or trustee of any village, or superintendent of the poor of the county in which such person shall reside or temporanly remain. and that he will pay all damages, actual and exemplary, that may be adjudged to any person or persons for injuries inflicted upon him or them, in person or property, or means of support, or omerwne, Dy raason of his selling, furnishing, giving, or delivering any such liquore. Now the condition of this obligation is su3h that if said principal shall well and truly keep aud per'orm all and singular the foregoing covenants and agreements, and shall pay any judgment för actual or exemplary damages which may be recovered against him in any court of competent jurisdiction, and a!l fines and costs that may be imposed upon him for violations of this act, then this obligation shall be yoid and of no effect, otherwise the satne shall be in full force and effect. Signed and sealed in the presence of [L S] [tsj V [L.] (TO BE CONTIXUED )