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factured by the seller from fruit or grapes and sold in original packages of not less than five gallons; nor shall prevent any person from selling wines of his own manufacture at the place of manufacture, or within cne hundred yards thereof, in quanties of not less than one gallon; but such manufacturer may sell wine to churches for communion services in any quantity.

1903, c. 223, ss. 2, 6; 247, s. 60.

Sec. 668 (2063). Issued to druggists outside of towns.

All druggists may sell spirituous, vinous and malt liquors for use by a sick person upon the written prescription of a legally qualified physician having such person under his charge, and not otherwise. No druggist shall duplicate the prescription of a physician for intoxicating liquors. All druggists selling liquors by prescription shall keep a record thereof showing the true date of sale, the name of the person for whom sold, the name of the person to whom delivered, and the quantity sold, which record shall at all times be open to the inspection of any person desiring to see it. Nothing in this section shall be construed so as to relieve druggists from complying with the law as to license and taxes. 1903, c. 233, ss. 1, 5.

Sec. 669 (2064). Application for.

Every person desiring to sell liquors shall make application to the board of county commissioners for an order to the sheriff to issue license. The application shall be in writing and shall show that the applicant is a bona fide citizen of the United States and a legal voter of North Carolina; that he has never been convicted nor confessed his guilt in a court of competent jurisdiction, of any violation of the laws of any state regulating the sale of liquors; and the place where the business is to be carried on, which in all cases (druggists excepted) must be within an incorporated town or city, and more than two hundred feet in a direct line from any church edifice or the premises pertaining thereto. The application must have been approved before filing by the board of commissioners, aldermen or governing body by whatever name called, of the city or town in which it is proposed to carry on the business, and must be accompanied by the affidavit of six freeholders who are tax payers and residents of the township in which the applicant proposes to do business, all of whom shall declare upon oath that the applicant is a proper person to sell spirituous, vinous or malt liquors; that the building specified is a suitable place for the

business to be carried on, and that he has not recommended any other person for liquor license in the same township.

1903, c. 247, s. 66.

Sec. 670 (2065). Hearing, and order for.

At the hearing of the application by the board of county commissioners any person who may consider himself aggrieved by the granting of the license applied for may contest the same and may produce evidence in contradiction of any of the allegations of the application or show any other reason why the license should not be granted. If satisfied of the truth of the allegations of the application and affidavit, the board of county commissioners may grant an order to the sheriff to issue such license, except in territory where the sale of liquor is prohibited by the law.

1903, c. 247, s. 66.

Sec. 671 (2066). Form and issuing.

The license shall be printed in such form as the treasurer of the state may prescribe and furnished by the register of deeds, and shall be issued by the sheriff upon order of the board of county commissioners after the payment of the taxes required by law. Any person, taking out license as provided in this chapter on any date after the first day of July or January, shall pay the whole amount of tax for the six months ending the thirty-first day of December, or the thirtieth day of June, as the case may be, after the date of license.

1903, c. 247, s. 66.

Sec. 672 (2067). Posted in place of business.

All persons taking out license to sell spirituous, vinous or malt liquors, or any mixture thereof, shall post up in some public place in their place of business the license issued to them. Any person failing to post up the license as provided in this section shall be considered as doing business without license.

1903, c. 247, s. 66.

Sec. 673 (2068). Revoked.

The board of county commissioners, upon complaint made by any resident of the county that any person holding a license under this chapter has violated the laws of this state regulating the sale of liquors, shall forthwith summon such person to appear before them at a time given, within thirty days, to show cause why such license and the order to issue same should not be revoked, and upon. satisfactory evidence of his guilt, shall revoke any license heretofore granted by them.

1903, c. 247, s. 66.

LOCAL OPTION ELECTIONS.

Sec. 674 (2069). When ordered, what submitted.

It shall be the duty of the governing body of any city or town, upon the petition of one-third of the registered voters therein, who were registered for the preceding municipal election, to order an election to be held, after thirty days' notice, in any year in which the petition may be filed, except within ninety days of any city, county or general election, in time for the notice to be given as above required, to determine-(1) Whether intoxicating liquors shall be manufactured in such city or town; (2) whether barrooms or saloons shall be established in such city or town; (3) whether dispensaries shall be established in such city or town; (4) whether intoxicating liquors shall be sold in said city or town. And any such election may be ordered to determine any one or two or all of such questions, as the petitioners may designate in their petition. No such election shall be held oftener than once in two years.

1903, c. 233, s. 7; 1907, c. 709.

Sec. 675 (2070). How conducted.

Whenever such election shall be held, it shall be conducted and held under the provisions of law regulating municipal elections.

1903, c. 233, s. 8.

Sec. 675a (2071). Boxes provided, what tickets voted.

Whenever the governing body of any city or town shall order any such election, they shall provide one box to determine the question of manufacture of liquors, if such question is to be voted upon; one box to determine the sale by saloons, if such question is to be voted upon; and one box to determine the sale by dispensaries, if such question is to be voted upon. Any person entitled to vote for members of the general assembly shall have the right to vote at such elections in all the boxes provided, and every such voter who is in favor of the manufacture of intoxicating liquors shall vote a ticket on which shall be written or printed the words "For Distilleries," and all opposed to the manufacture of intoxicating liquors shall vote a ticket on which shall be written or printed the words "Against Distilleries;" and every such voter who is in favor of barrooms or saloons shall vote a ticket on which shall be written or printed the words "For Saloons," and all opposed to them shall vote a ticket on which shall be written or printed the words "Against Saloons;" and every

such voter who is in favor of dispensaries shall vote a ticket on which shall be written or printed the words "For Dispensaries," and all opposed to them shall vote a ticket on which shall be written or printed the words "Against Dispensaries;" and every voter who is opposed to both dispensaries and barrooms and saloons shall vote a ticket on which shall be written or printed the words "For Prohibition." Such tickets shall be of white paper and without device.

1903, c. 233, s. 9; 1907, c. 709.

Sec. 676 (2072). Distilleries, when allowed.

If a majority of the votes cast in any such election shall be "Against Distilleries," when that question is voted upon, then it shall be unlawful for any person to manufacture any intoxicating liquors in such city or town until another election shall be held reversing such election. But if a majority of the votes cast in any such election in any city or town shall be "For Distilleries," then it shall be lawful to manufacture and sell at wholesale intoxicating liquors in such city or town. This section shall not be construed to authorize the manufacture of intoxicating liquors in any town. except upon a full compliance with the conditions and requirements which may now or hereafter be imposed by law.

1903, c. 233, s. 10.

Sec. 677 (2073). Saloons, when licensed.

If a majority of the votes in any such election in any city or town shall be "Against Saloons," then it shall be unlawful for the county commissioners of any such county, or the governing body of any such town, to grant license to any person for the sale of spirituous, vinous, malt or other intoxicating liquors whatever in such city or town until another election shall be held reversing such election: Provided, that liquor dealers in such cities or towns holding license at the time of the election shall be allowed six months after such election in which to close out their stock on hand at the time of such election, if their license so long remain in force. But if a majority of any such votes cast in any such election shall be "For Saloons," then the board of county commissioners of such county, and the governing body of such city or town, shall grant license to sell intoxicating liquors in such city or town to all proper persons applying for the same according to law. And such license shall be granted until another election shall be held reversing such election: Provided further, that this section shall not be construed to authorize any person to sell, either

by retail or wholesale, intoxicating liquors in such city or town. except upon a full compliance with the conditions and requirements which may now or hereafter be imposed by law.

1903, c. 233, s. 11.

LICENSE-WHEN AND FOR WHAT PERIOD GRANTED.-While the board of commissioners of a municipal corporation can not issue a license to retail liquors for a longer period than one year, the time need not begin and terminate with the term of office of the board which grants it, for they can grant a license which extends beyond their term of office, provided that it does not exceed one year, and does not begin to take effect after their term of office has expired. Hendersonville v. Price, 96-423.

COMMISSIONERS CAN NOT ARBITRARILY REFUSE LICENSE.-The commissionsioners of a county do not possess the arbitrary power of suppressing all places for retailing spirituous liquors, nor are they bound to license an applicant though he be qualified by proof of good moral character. They have a limited legal discretion, and, in passing upon an application for license they have a right to take into consideration the question whether the demands of the public require an increase of such accommodations, and whether the place it is proposed to establish a barroom is a suitable one. Muller v. Commissioners, 89-171.

WHEN MANDAMUS WILL NOT LIE.-Where county commissioners refuse to grant license to retail liquor on the ground that the applicant is not a fit person to sell, or that the place at which it is proposed to sell is not suitable for that business, a mandamus will not lie to compel the commissioners to grant it. Commissioners v. Commissioners, 107-335.

The issuance of a license to sell liquor by a board of county commissioners is a matter of discretion, and a mandamus will not lie to compel them to do No, it not being alleged and shown that their refusal to grant a license was arbitrary. Jones v. Commissioners, 106-436.

DOMESTIC WINES.-Although the provision in regard to domestic wines may be unconstitutional as discriminating in favor of home products, yet this does not make the sale of such wines a misdemeanor, but simply leaves the provision in regard to foreign wines inoperative. Nash, 97-514.

INDICTMENT.-An indictment for selling in violation of the local option act need not negative the fact that the whiskey was sold on a physician's prescription, since the burden is on the defendant to show this fact if it exists. Emery, 98-768.

PUBLIC ACT.-On indictment for violation of the local option act it is not necessary to refer to the act in the bill. The court always takes judicial notice of public acts. Cooper, 101-684.

EFFECT OF ELECTION.-Defendant sold whiskey at a place in the town of Hendersonville, which was within two miles of Mud Creek Baptist Church, within which territory such sales were forbidden, but since the passage of the act incorporating the church an election under the local option act was held in Hendersonville, resulting in a majority for "license": Held, that an instruction that a sale within two miles of said church made defendant guilty was not erroneous, since under sec. 3116 of The Code it is provided that the election shall not "affect localities in which the sale of spirituous liquors are prohibited by law." Hollingsworth, 100-535.

[NOTE. The above mentioned section (Code, sec. 3116) was stricken out by the act of 1887, c. 215, and another section substituted, which leaves out the proviso as to the effect of the election in localities where sales are "prohibited by law."]

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