CHAPTER XLI.

 

SUPPRESSION OF DRUNKENNESS—MANUFACTURE AND

SALE OF INTOXICATING DRINKS.

 

CONTENTS

 

SECTION 1.   Giving, selling, or procuring spirituous liquors for a native—Punishment

2.     Manufacturing for sale—Punishment.

3.     No license granted to any retail vendor of goods to authorize sale of substances under name of perfumery to be used as a beverage.

4.     No victualing or hotel license shall authorize sale of fruits preserved in spirits.

5.     Punishment for violation of two preceding sections.

6.     Spirits imported under name of perfumery etc. liable to forfeiture.

7.     Stills and other apparatus used for distillation forfeited to the crown.

8.     Punishment for distillation.

9.     Forbidding sale own certain hours from Saturday evening to Monday.

10.  Liabilities of victualing housekeepers, shop keepers, etc., not duly licensed to sell spirituous liquors—Punishment.

11.   Intoxicating liquors not to be used by prisoners, unless prescribed by a physician.

12.   The person licensed presumed to know of offenses committed on his premises.

13.   Punishment for second and succeeding offenses under section 12.

14.   Prosecution of a licensed retailer—no other person liable.

15.   Power of Minister of Interior to grant wholesale license.

16.   Wholesale vending of spirits defined—not to be drank on the premises etc.

17.   Price of license and bond.

18.   Power to grant licenses to other persons than wholesalers.

19.   Quantities to be sold under license granted in preceding section.

20.   Price of license and amount of bond for licenses under sections 18 and 19.

21.   License to retail by bottle or glass, confined to Honolulu.

22.   Amount of license and bond for retailing under preceding section.

23.   Minister of Interior to sign license, and impress with seal of department.

24.   Limits where business is to be carried on license not transferable.

25.   Regulations for vending spirituous liquors.

26.   Form of bond.

27.  Upon violation of conditions of bond, Minister of Interior to pass same into the hands of Attorney General for enforcement.

28.  Names of all licensed vendors to be kept in a book of licenses.

29.  Punishment for selling without a license.

30.  Marshal or deputy to inspect all places licensed.

 

1.  Whoever shall sell, give, purchase, or procure for, and in behalf of any native of this kingdom, or for his use, any spirituous liquor, or other intoxicating drunk or substance, shall be punished by a fine not exceeding two hundred dollars; and in default of the payment of such fine, by imprisonment at hard labor for a term not exceeding two years.

 

2.  Whoever shall manufacture for sale any intoxicating drink or substance in this kingdom, shall be liable to a fine of five hundred dollars; and in default of payment of said fine, shall be imprisoned at hard labor not exceeding two years.

 

3.   No license granted to any retail vendor of goods, wares and merchandise, shall be construed to authorize the sale of alcohol, cologne, lavender, or any other alcoholic preparation under the name of perfumery, to be used as a beverage. The absence of the usual qualities of perfumery in any such preparation, shall be regarded, if the same is sold to be used as a beverage, as conclusive evidence of an intention to evade the laws relating to the retail vending of spirituous liquors.

 

4.   No victualing house or hotel license shall authorize the sale of peaches, cherries, or other fruits preserved in brandy or spirits of any kind, to be used on or about the premises for which such license is granted. Any such use shall be held as presumptive evidence of an intention to evade the laws relating to the retail vending of spirituous liquors.

 

5.   Any person offending against the provisions of the last two preceding sections, shall be subject to a fine of not less than ten, nor more than fifty dollars, for each offense.  The court, in its discretion, may add imprisonment at hard labor for a term not exceeding thirty days.

 

6.   All spirituous liquors imported under the name of perfumery or preserved fruits, with the intention of evading the laws relating to duties, shall be liable to seizure, condemnation and sale, for the benefit of the public treasury. (Art. 2, chap, 7 of the Civil Code.)

 

All stills, distilling apparatus, or other articles in use, or having been used in distilling spirituous liquors, or other intoxicating drinks or substances, within this kingdom, and also all spirituous liquors or other intoxicating drinks or substances manufactured within this kingdom, shall be forfeited to the Crown, and may be seized and taken possession of by the marshals, sheriffs, or their deputies, or by any constable and all articles so seized by any other officer than the marshal or sheriff, shall without delay be delivered unto the care of the marshal or sheriff nearest to the place of seizure, who shall cause a notice of such seizure to be published in the Government Gazette, and unless the owner, or some person authorized to claim possession thereof, shall, within twenty days from the day of such notice of seizure, file within the officer having the same in possession, a written claim to such property so seized, it shall be held to be condemned as forfeited to the Crown; and in all cases where the owner, or some person claiming the right of possession, shall file written claim as herein provided, it shall be the duty of the marshal or sheriff having the property in possession, to furnish to the district attorney of the island on which the property is situated, a written statement of the facts; who is hereby authorized and required to take legal measures, to have the question determined, whether the property seized has been forfeited in accordance with the provisions of this section. (1860, p. 14.)

 

8.  Whoever shall distill any spirits in this kingdom, shall be punished by a fine not exceeding one thousand dollars, nor less than fifty dollars, and in default of payment of such fine, shall be imprisoned at hard labor for a term not exceeding two years. (1859, Civil Code, p. 442.)

 

9.  From and after the first day of July, A. D. 1852, no person licensed to sell ardent spirits, either by the glass or bottle, or licensed to sell wine, ale, porter or spruce beer, shall sell or furnish the same from the incur of 10 o’clock of each Saturday evening until the hour of 5 o’clock A. M. of the Monday following, under a penalty of not more than five hundred dollar nor less than one hundred dollars, upon conviction of such offense before any police or district justice: Provided that this section shall not be so construed as to interfere with the ordinary supplies of the above named liquors on the tables of hotels and victualing houses. (Civil Code, p. 408.)

 

10.  If any victualing house keeper, shop keeper, or keeper of a tippling house, not duly licensed to sell spirituous liquors, shall sell or furnish any other person than those described in the first section of this chapter, with any, spirituous liquor or other intoxicating drink or substance, be shall be punished by a fine not exceeding two hundred dollars, and in default of payment of such fine, by imprisonment at hard labor for a term not exceeding two years.

 

11.  No wine or intoxicating liquor, or any article prohibited by the prison rules, shall be used by any prisoner and any person who shall furnish any such drink to any prisoner, unless the same be prescribed by a physician as a medicine; or who shall furnish any other prohibited article contrary to, the provisions of the prison rules, shall be fined not exceeding, two hundred dollars, or imprisoned at hard labor not exceeding two years, in the discretion of the court ; and, if an officer, in addition thereto, be dismissed ; and any police or district justice shall have jurisdiction of any case arising under, this section.

(Civil Code, Section 214.)                                                    

 

12.  In case an offense against the provisions of this chapter of the penal Code, prohibiting the sale of intoxicating drinks or substances, shall be committed by any person on the premises used or occupied by a person licensed to sell intoxicating drinks or substances by the Minister of the Interior, or in which he has any interest as lessee or otherwise, provided the same adjoining the premises used or occupied by him, the person so licensed shall be presumed to be knowing and sanctioning such offense and be responsible for the same, and liable to the same penalties as though it was committed by him in person, unless he establishes, to the satisfaction of the court or jury; before which he is charged and being tried, that the offense was committed without his knowledge or assent, and that he has not and is not knowingly to receive any pecuniary profit or, benefit in consequence thereof (1860, p. 28.)

 

13.   Every second and succeeding offense, such as described in section 12 of this chapter, shall be punished by fine not less than three hundred pr more than one thousand dollars and in every case which the court shall deem to be attended with circumstances of special aggravation, it shall be discretionary with the court to further sentence the party or parties offending to imprisonment with hard labor for any term not to exceed one year.  (1860, p. 28)

 

14.  In all cases where the licensed retailer of intoxicating drink or substances is prosecuted for any offenses against the provisions of chapter 41 of the penal code, no ether person shall be liable to prosecution for the same offense, but may be compelled to give testimony in relation thereto, by the court, before which the same may be tried. (1860, p. 28.)

 

15.  The Minister of the Interior shall have power to grant a wholesale vending license for spirituous liquors to any wholesale merchant applying therefor in writing, and stating in his application the name of the vendor and where the applicant intends to establish his place of business; provided that such wholesa1e license shall only be granted to persons having a license to sell goods, wares and merchandise at wholesale.

(1862, p. 21.)

 

16.  The wholesale vending of spirituous liquors small consist of selling the same in quantities not less than the packages originally imported  

     

Wines, ales and ether liquors containing alcohol are comprehended in this chapter.

Provided that the same, and no part thereof, shall be drank or used on the premises where they are sold, or in any other house or premises contiguous thereto, procured or rented for that purpose by the party holding such license, or any other   or persons whatsoever through his agency, under the penalty of forfeiting his license and incurring the penalties of the law and his bond.

 

17.  Before granting such wholesale license to vend spirituous liquors, the applicant shall pay for the use of the Royal Exchequer  one hundred dollars, and give a bond to the Minister of the Interior, in the penalty of two hundred and fifty dollars, with at least one sufficient surety to be approved by said Minister.

 

18.  The Minister of the Interior shall have power in like manner to grant licenses to any person for the vending of wine, ale and other spiritus liquors, upon₁ such person applying therefor in writing, and stating in his application the name of the vendor and where the applicant intends to establish his place of business.

 

19.  Any person having obtained a license in accordance with the preceding section, may sell ardent spirits in quantities not less than one gallon; wines, ales and other liquors  containing alcohol; in quantities not less than one dozen bottles; provided that the same and no part thereof shall be drank or used on the premises where they are sold, or in any other house premises contiguous thereto, procured or rented, for that purpose by the party holding such license, or any other person or persons whatsoever through his agency, under the penalty of forfeiting his license and incurring the penalty of the law and his  bond.

 

20. Before granting such license to any person to vend wine, ale. and other spirituous liquors, as prescribed in sections 17 and 18 of this chapter, the applicant shall pay to the Minister of the Interior, for the use of the Royal Exchequer, the sum of two hundred and fifty dollars, and give a bond to the Minister of the Interior in the penalty of five hundred dollars, with at least one surety to be approved by said Minister.

 

21. The Minister of the Interior shall have power to grant licenses to retail spirituous liquors, by the bottle or glass, upon application in writing, stating the name of the vendor arid where the applicant intends to establish his place of business. But it shall not be lawful to grant licenses for the retail of spirituous liquors, including all wines and other intoxicating drinks, at any other place in the kingdom than Honolulu. 

 

22. Before the granting of a retail license to vend spirituous liquors, as contemplated  in the preceding section, the applicant shall pay to the Minister of the Interior, for the use of the Royal Exchequer, the sum of one thousand dollars, and give a bond to the Minister of the Interior, with the penalty of one thousand dollars, with at least one sufficient surety to be approved by said Minister.

 

23. The licenses mentioned in this chapter shall be signed by the Minister of the Interior, and impressed with the seal of his Department.

 

24.  The Minister of the Interior, by and with the consent of His Majesty the King in Privy Council, small have the power, and it shall be his duty; to fix the limits or boundaries within which those obtaining a license contemplated by this chapter, shall carry on and transact such business, and shall cause public notice to be given of the same; and he shall designate in the license the house or store or place in which such licensed person shall be authorized to pursue his business, and the license so: grant shall not be  transferable or held to authorize such business to be carried on by any person or persons, or any other place than such as may be designated in the license.

 

25. The sale and vending  of spirituous liquors shall be regulated ore definitely by the term of the license; and the Minister of the Interior may prescribe in the license definite rules and regulations to be observed by the vendors.

 

26.  All persons applying for a license under the provisions of this chapter shall, before receiving the same, file a bond, (in form similar to the following;) the same being always subject to the approval of’ the Minister of the Interior

    

Know all men by these presents:  That we ______ Principal, and _______ Surety, are held and firmly bound unto the Minister of the Interior, for the use of the Hawaiian Government, in the penal sum of _______ dollars, lawful money, to be levied on our respective, joint and several property in case the conditions hereinafter set forth shall be violated.

     

For the just and full payment of which we hereby jointly and severally bind ourselves, our heirs, executors, administrators and assigns.

  

Sealed with our seals and dated this — day of ______, 18__.  The condition of this obligation is as follows: That whereas the above bounden Principal has this day applied for a license, to vend spirituous liquors, in accordance with the law enacted on the 23d day of August, 1862, and has complied with all the requisitions of said law, and has, consequently, become entitled to a license to vend spirituous liquors, in accordance with the statute in such cases made and provided, for the term of one year from date. Now, therefore if during the continuance of this license the said ______.  Shall not contribute to the violation of any of the laws of this Kingdom, nor violate any of the conditions of his license—copy of which hereto annexed—then this obligation shall be void. Otherwise, upon proof being made to the satisfaction of a common magistrate, without the intervention of a jury, the penalty mentioned in this bond shall be forfeited, and the license of the said _______, this day granted shall be void.

 

Given under our hands and seals the day and year above written.  In the presence of ___, ______, _____.

 

27. Upon a violation of any of the conditions of his bond by any licensed dealer in spirituous liquors, it shall be the duty of the Minister of the Interior to pass said bond to His Majesty’s Attorney General of the Kingdom, for enforcement against the parties thereto, both principal and surety, with such information as has come to his knowledge in regard to any violation.

 

28. The Minister of the Interior shall keep in a book of Licenses, the names of all licensed vendors of spirituous liquors throughout the kingdom, their respective places of

abode the character of the licenses granted them, and the amount of license money paid by each, together with the date of each license. It shall be his special duty from-time to time to pay over to the Minister of Finance all license money by him received, under the provisions of this chapter.

 

29.  Any person violating the provisions of’ this chapter by vending spirituous liquors without having previously obtained a license as hereinbefore provided, shall, on conviction, forfeit and pay to the Hawaiian Government, for each offense, the sum of five hundred dollars, and may be imprisoned at hard labor not exceeding six months, in the discretion of the court.

 

30.  The marshal, sheriff or deputy sheriffs shall, in person or by proxy, inspect all places licensed to vend spirituous liquors under this Act.