Canvassing Legal When No Advance Fee Is Collected. Sec. 6. Nothing in this act shall be construed to prevent canvassing for students where no scholarship is sold nor fees for tuition are collected in advance or prevent the legitimate advertising of any such school. CHAPTER 78. AN ACT TO REGULATE THE BARTER, SALE AND EXCHANGE OF IN TOXICATING LIQUORS IN DISTRICTS DESIGNATED WITHIN ANY March 15, 1913. Amend. S. B. No. 212; Approved Be It Enacted by the Legislature of the State of New Mexico: District Prohibition Submitted to Electors. Section 1. The County Commissioners of any county of the state shall submit to the qualified electors of any district with an their county, to be designated by them as hereinafter provided, the question of whether or not the barter, sale or exchange of intoxicating liquors shall be prohibited therein as provided by this act. Except as herein otherwise provided, any such district so designated by the county commissioners shall include such part of the area of any county as may be described in the petition provided for and filed in accordance with this act. PROVIDED, That it shall not include any territory within any incorporated city, town or village, whether incorporated under general or special laws. Petition for Prohibition District-Election. Sec. 2. A Petition for the submission of such question to the qualified electors within such a district, described therein, may be presented to the county commissioners of any county if signed by twenty-five per centum of the qualified electors resident within the proposed district. Such petition shall describe accurately the boundaries of the proposed district and shall be presented at a regular meeting of the board of county commissioners. Upon the filing of such a petition the county commissioners shall enter upon their minutes an order designating such district in accordance with the description thereof contained in such petition, except in case two or more such petitions are filed wherein the area described is conflicting, in which event the commissioners shall də termine the district or districts in which such question shall be submitted. In all cases the commissioners shall immediately enter upon their minutes an appropriate order covering the action taken by them with reference to any such petition, and shall therein designate the polling places within such district and name three judges and two clerks to conduct such election at each such polling place. Proclamation for Election-Election-Canvass of Returns. Sec. 3. Upon the entry of such an order, the county commissioners shall issue a proclamation submitting such question to the qualified electors of any such district at a special election to be held not less than one month and not more than two months after the entry of such order, but no such election shall be held within two months preceding any other election. Such proclamation shall contain the names of the polling places and election judges and clerks designated and appointed in such order. Except as herein otherwise provided, such elections shall be held and conducted as provided by law for general elections. The returns of such elections shall be canvassed and the result declared by the county commissioners at a meeting to be held not more than twenty days after said election, and such commissioners shall immediately enter upon their minutes the result of such election. Electors-Qualifications-Challenge-Affidavit. Sec. 4. Only qualified electors resident within the limits of such district shall be allowed to vote at such election. No registration of such voters shall be required, but if the right of any person to vote shall be challenged at such election, the judges thereof before allowing such person to vote shall require him to present an affidavit subscribed and sworn to by himself and two qualified voters resident within such district, showing that such person a qualified elector resident therein. Elector Cannot Withdraw Name From Petition. Sec. 5. No elector signing any such petition shall be permitted to withdraw his name therefrom after the filing thereof unless the signature was obtained by fraud. Ballots-Voting-How Conducted. Sec. 6. The county commissioners shall provide printed ballots for the use of the electors at such election. Said ballots shall be delivered only to the officials authorized by law to receive and have custody of the ballot boxes for use at said election, and one such ballot only shall be delivered to each individual elector at the time he offers to vote. The ballot shall be marked by the elector, unless he shall request one of the election officers to mark the same for him, in which event the election officer so called upon shall mark said ballot as such elector shall request, and any elector receiving such ballot shall, before leaving the polls, return the same to one of the election judges, who shall immediately deposit the same in the ballot box whether such ballot be marked or not. There shall be placed on such ballots two blank squares with dimensions of onehalf an inch, and opposite one of such squares shall be printed in both English and Spanish the words "FOR PROHIBITION" and opposite the other blank square shall be printed in both such languages the words "AGAINST PROHIBITION." Any elector desiring to vote in favor of prohibition shall mark his ballot with a cross in the blank square opposite the words "FOR PROHIBITION," or cause the same to be marked by an election officer as aforesaid, and any elector desiring to vote against prohibition shall mark his ballot with a cross in the blank square opposite the words "AGAINST PROHIBITION," or cause the same to be marked by an election officer as aforesaid. Majority of Votes Necessary for Prohibition. Sec. 7. If a majority of the votes cast at any such election shall be in favor of prohibition, the barter, sale or exchange of intoxicating liquors within the limits of any such district shall thereafter be prohibited, except for medicinal, scientific, mechanical, or sacramental purposes, and the issuance of a license for the barter, sale or exchange of intoxicating liquors within any such district shall thereafter be prohibited except for the purposes aforesaid. Sale Unlawful in Prohibited District-Sale By Druggists-Liquors in Prescriptions. Sec. 8. It shall be unlawful for any person to barter, sell or exchange intoxicating liquors at any place in this state where the barter, sale or exchange of intoxicating liquors is prohibited, except that licensed druggists or apothecaries may sell such liquors at such places for medicinal, scientific, mechanical or sacramental purposes, as hereinafter provided. Every retail druggist and apothecary shall keep a book in which he shall enter at the time of every sale of liquor, the date thereof, the name of the purchaser, and the kind, quantity and price of said liquor, the purpose for which it was sold, and the residence or post office address of said purchaser. Such sales by licensed druggists, except wine for sacramental purposes, shall be made only upon prescription by a licensed physician, and then in quantity not exceeding one pint; and for every such sale the entry shall show the name of the physician, the use for which said liquor was prescribed, and the quantity to be used for such purpose, and the prescription shall be cancelled in like manner as the certificate herein provided for. Said book shall be in form substantially as follows: Name of Kind and Purpose Name of Date Purchaser Residence Quantity of Use | Price | Physician And for each such sale there shall be a certificate in said book in form substantially as follows: CERTIFICATE. I wish to purchase and I certify that I am not a minor, and that such liquor is to be used for medicinal, scientific, mechanical, or sacramental purposes. Each certificate shall be signed by the purchaser and cancelled at the time of making such sale. Any person who shall violate any of the provisions of this section, or make any false entry or certificate in connection with the purchase or sale of such liquor, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not less than Twenty-five Dollars nor more than One Hundred Dollars, or by imprisonment for not less than thirty days nor more than ninety days, or by both such fine and imprisonment. Any physician who shall prescribe liquor other than for medicinal purposes as aforesaid, upon conviction thereof shall be punished by a fine of not more than One Hundred Dollars or by imprisonment for not more than thirty days, or by both such fine and imprison ment. Prohibition Submitted Every Four Years. Sec. 9. Such question, affecting any territory included in any such petition, shall not again be submitted for four years from the date of the election, and then only upon petition filed as herein provided. Sale of Liquors Licensed When Prohibition Lost. Sec. 10. If at any such election a majority of the votes cast shall be against prohibition, the barter, sale or exchange of intoxicating liquors within any such district may thereafter be licensed in the manner prescribed by law. Definition of "Intoxicating Liquors." Sec. 11. The words "intoxicating liquors" as used in this Act, shall be understood to include all malt, vinous and spirituous liquors. Selling Liquors Without License, Penalty. Sec. 12. Any person who shall engage in the barter, sale or exchange of intoxicating liquors without being legally licensed so to do, upon conviction thereof shall be punished by a fine of not less than One Hundred Dollars, nor more than Five Hundred Dollars, or by imprisonment for not less than thirty days nor more than six months, or by both such fine and imprisonment. Officers Failing to Do Duty, Penalty. Sec. 13. Any county commissioner, election judge or other officer charged with the performance of any duty prescribed herein, who shall wilfully fail or refuse to carry out the provisions of this Act by him required to be performed, shall be punished by a fine not less than One Hundred Dollars nor more than Five Hundred Dollars, or by imprisonment for not less than thirty days nor more than six months, or by both such fine and imprisonment. Refund of Amount of Unused License. Sec. 14. If liquor is being sold within the limits of any such district under a license legally issued at the time that prohibition goes into effect as provided in this act, there shall be refunded to the holder of said license the pro rata amount of money paid for said license according to the portion of the year in which said license shall not be used. Chapter 115 of Laws of 1905 Not Repealed. Sec. 15. Nothing in this act shall be construed as operating to repeal the provisions of Chapter 115 of the acts of the 36th Legislative Assembly of the Territory of New Mexico, approved March 16th, 1905, entitled "An Act to Amend Section 4124 of the Compiled Laws of the Territory of New Mexico of 1897, and for other purposes." |