The Daily Alaska empire Newspaper, April 8, 1935, Page 5

THE DAILY ALASKA EMPIRE REGULATIONS, BOARD OF LIQUOR CONTROL FOR ALASKA ° Through authority created by the Ucngress of the United States, and Territorial Legislature of 1935, the Board of Liquor Centrol for the Territory of Alaska, con-| sisting of John W. Troy, Governor of Alaska, Chairman;| Frank A. Boyle, Territcrial Auditor, Secretary; .]fll'l\es". S. | Truitt. Atterney Genceral; W. A. Hesse, Territorial High-| way Engineer, and Oscar G. Olson, Territorial Treasurer, has issued the foll>wing regulaticns effective April 3, 1935: | REGULATION L i Definiticns. Except as herein provided, it shall be uniawful to manu- facture, barter, sell, or possess for sale, intoxicating liquors in the Territory of Alaska; but this provision shall not ap- ply to sales made under the direction of some provision of | law. Whenever the term “intoxicating liquor” is used in these regulations, it shall be deemed to include whisky, bran- dy, rum, gin, wine, ale, porter, beer, hoochinoo and all spiritu- | ous, vinous, malt, and other fermented or distilled liquors fit for beverage purposes and having an alcoholic content of more than one per cent. (1% ) of alcohol by volume. Beer shall include ale and porter, and hard and distilled liquor shall include all intoxicating liquors except beer and wine. REGULATION 1L General Regulations. (1) It shall be unlawful to give, barter or sell any intoxicating liquors, including beer and wine, to any person under the age of twenty-one years, to any intoxicated person, or to an habitual drunkard; and it shall be unlawful for any licensee to permit the giving, selling, bartering or drinking of any intoxicating liquor within the premises covered by any license to or by any of the forbidden classes, nor shall such licensee permit the drinking of hard or distilled liquors by any person upon the premises covered by his license. The drinking of intoxicating liquors on the premises covered by “any license by any of the forbidden classes, or the presence of any intoxicated person on such premises shall be prima ie evidence that the liquor being drunk orl causing the into: furnished by the licensee, and further, that any person attending school shall be consid- ered less than twenty-one (21) years of age, and the burd of determining the age shall be on the licensee. ! (2) It shall be unlawful for any Beverage Dispensary | Licensee or any Restaurant Licensee to maintain curtains,| screens or other obstructions shading either rooms or beoths | where beer and wine may be sold. i (3) It shall be unlawful to permit any person under the age of twenty-one years to enter any Beverage Dispen-‘l sary unless the said minor is accompanied by his parent or| guardian. | (4) It shall be unlawful for the holder of any Whole- saler’s, Brewer’s, Distiller’s, or Bottler’s License to carry y stock of intoxicating liquors in the Territory ska except on the premises licensed, and it shall be unlawful for any of the four above-mentioned cl s to sell any such intoxicating liquors from any boat or other carrier. H (5) No person, firm or corporation shall manufacture, barter, sell or possess for sale any intoxicating liquor in the' Territory of Alaska without having procured an appropri ate license. All licensees under the provisions of these r lations selling to the general public shall be charged h the knowledge that the wholesaler, distiller, brewer or bot- tler from whom they purchased intoxicating liquors is properly licensed to sell the same. (6) Any infoxicating liquors shipped into the Terri- tory of Alaska gther than to licensees hereunder and con- trary to the provisions of these regulations shall be deemed contraband and subject to confiscation by the Territory or any enforcement officer and any intoxicating liquors so scized shall be sold under the instructions of the Board of Liquor Control and the proceeds thereof deposited with the Territorial Treasurer; provided, however, that these regu- lations shall not apply to sacramental wines, alcohol used for pharmaceutical purposes or liquors used for filling thc | prescriptions of physicians. | (7) No license shall be issued for the sale of any in-l‘ toxicating liquor in any building within two hundred (200) | feet of any public school building. (8) Licenses under these regulations shall be issued by the year and cover the period commencing July first and ! ending June thirtieth and no licenses shall be issued for less than one-half year. Provided, however, that all unexpired licenses heretofore issued shall continue in full force and cffect until date of expiration or revocation. Otherwi~e these regulations shall take effect April 3, 1935. REGULATION III. Qualifications of Licensees. (1) A license under the provisions of these regulations may be issued to any person who is a citizen of the United States over the age of twenty-one (21) years, not an em- ployee of the Territory of Alaska or Federal Government ; to any association composed of such citizens; and to a corpora- tion duly authorized to do business under the laws of the Territory of Alaska; provided, however, that no Beverage Dispensary License or Retail License shall be issued to any person or association of persons who have not resided in the Territory of Alaska for at least one year prior to the date of the application or to any corporation which has not ! been qualified to do business in the Territory of Alaska for at least one year prior to the date of filing the application. ' (2) of a brewery, winery, bottling works or distillery shall be permitted to own any interest in any Beverage Dispensary or Retail Liquor Store, nor shall he or they be permitted to finance directly or indirectly any license-holder in procuring . quarters or supplying equipment or furnishings in order to conduct such business. | (_3) Any distiller, brewer or wholesaler whose plant or principal place of business is outside of the Territory of Alaska, but whose products are sold in the Territory of | Alaska, shall be required to obtain a Wholesale License for | the sale of his products in the Territory, and a separate license shall be required for each wholesale distributing point within the Territory. Any distiller, brewer or whole- saler not resident in the Territory of Alaska, selling intoxi- cating liquors in the Territory, shall, before soliciting any husn:ness in the Territory, designate a principal place of business or headquarters in the Territory, and appoint an agent upon whom service can be had, and shall also obtain a license under the provisions of these regulations. H REGULATION 1IV. 3 Applications. All applicants for licenses mentioned herein shall file en | | with the Secretary of the Board of Liquor Control an ap-'the Board of Liquor Control asking that licenses be issued | ing his name and address, and, if a corporation, executed by the duly authorized officers thereof, containing the following : (1) (2) 3 desired, giving address by street and number, or other in- formation, so that the location can be definitely determined. (3) A statement of the citizenship or corporate quali- fications of the applicant. (4) Alist of at least five references as to the integrity of the applicant and the desirability of issuing a license for the premises mentioned therein. (5) The necessary license fee. REGULATION V. Action on Applications. The Secretary of the Board of Liquor Control upon receipt of each application shall: (1) Set a date for a hearing, not less than thirty (30) days from the date of receipt of the application; (2) Publish a notice of the application, wherever prac- ticable, in a newspaper published in the vicinity of the premises for which the license is asked; (3) Notify the city council, if within an incorpor- ated city, of the necessity for action on the application by Kind of license desired. the council in regular or special meeting and the filing with | the Secretary of the Board of Liquor Control of a certificate showing the action taken. A failure of the municipal offi- cers to act upon applications for licenses within the period specified in the notice furnished them shall be considered a default and shall subject the city to the penalty of losing | its right to a refund as provided by these regulations. At the time set for the hearing, the Board shall con- ‘sider the application and any protests that may be filed against the same, and shall also hear the applicant or others | appearing in connection with the matter, and give its judg- ment, which shall be final. If the application is rejected the | fee accompanying the same shall be returned. The licensee shall cause the license to be framed under | glass and posted in a conspicuous position in his place of | ,'so that anyone cntering the premises may easily it. The Board of Liquor Control reserves the right to limit {the number of licenses to be reject any application for licen: the prov cept after Control. read No license issued under ms of these regulations shall be transferred ex- REGULATION VL Excise Taxes. Every brewer, distiller, bottler or wholesales selling intoxicating liquors in the Territory of Alaska shall, within thirty (30) days from the shipment or sale thereof, mail | ;;_7“111; Territorial Tressurer a duplicate invoice or duplicate 1! of 8 of; : showing articles shipped and the sale value there- and the purchaser shall, within thirty (30) days from eipt of any such invoice or purchase, pay to the Ter- 1 Treasuref as excise taxes five per cent. (5% ) of the invoice value or purchase price of said intoxicating liquor. REGULATION VIIL Disposition of Funds. All moneys collected or due the Territory under the | provisions of these regulations shall, within ten (10) days :lfii.‘f‘ the first of each month, be deposited with the Terri- torial Treasurer, and sixty per cent. (60%) of all such moneys collected within the incorporated cities shall be re- | funded semi-annually to the said incorporated cities; pro- however, that in the event of the failure of the [ said incorporated cities to actively enforce all of the ordinances of said incorporated cities, the laws of the United States, the laws of the Territory of Alaska and these regulations relative to the manufacture and sale of intoxicating liquors in the Territory of Alaska, said refund may be denied and no further moneys will be paid to sai incorporated cities until the enforcement of such laws d 1 | S and regulations is actively resumed within such municipalities. REGULATION VIIL Enforcement. It shall be the duty of all municipal officers, United | States Attorneys, Assistant United States Attorneys, United | States Marshals, deputy Marshals and Territorial License Officers to enforce these regulations. In addition thereto, the sald Territorial License Officers shall have the power to suspend the license of any licensee who may fail to comply With these regulations, city ordinances or the laws of the | Territory or of the United States with regard to liquor, and in the event of the failure of the licensee to apply for hearing | , within thirty (30) days the license shall be revoked without further notice, and any attempt to transact business while the same is suspended shall be deemed a misdemeanor and the licensee shall be subject to the penalties herein provided. If, however, a hearing is requested, the Board of Liquor Con- trol shall arrange for the same, at which time the licensee may appear, either personally or by attorney, and submit his evidence, and a representative of the United States Attorney’s Office shall appear on behalf of the Board. The Board shall then consider the matter and its decision shall be final. REGULATION IX. Local Option (1) Whenever fifty per cent (50%) of the total No corporation, owner, officer or repr: jye number of voters at the last general election held in any | s 4 EpIeseniative incorporated city or town shall petition the Board so to | do. the Board may cause to be placed upon a separate ballot at the next municipal election in such incorporated city or town the following question: “For the sale of intoxicating liquors ......... (yes or no) It shall be the duty of the regular election officers to can- vass the said ballots and to report the results thereof to the Board of Liquor Control. If upon receipt of the certificate of election the Board | of Liquor Control finds that at least two-thirds of the voters are against the sale of intoxicating liquor in said incorporated cily or town, all applications for licenses within the said city or town shall thereafter be denied and no further licenses shall be issued therein for a period of one year and until the.voters therein at a subsequent election held in the manner herein provided for shall | decide that licenses may be issued. (2) No licenses for the sale of intoxicating liquor shall be issued under these regulations in precincts out- side of incorporated cities or towns unless a petition hav- ing signatures equal to two-thirds (2/3) of the total num- ber of votes cast at the last general election is filed with plication in writing signed and sworn to by the applicant, |within the said precinet. \ A description of the place for which the license is ued in any locality and to | first securing the consent of the Board of Liquor i MONDAY, APRIL 8, 1935. REGULATION X. Municipal Regulations Incorporated municipalities in the Territory of Alaska may by ordinance duly enacted, provide such additional rules and regulations governing the barter, sale and pos- ssion of intoxicating liquor within such municipalities | as may be deemed necessary to the orderly conduct of the { business of selling intoxicating liquor; provided, however, | that such ordinance or ordinances thus enacted shall not be inconsistent with these regulations, and that no muni- 1 cipality shall impose any additional taxes. | REGULATION XL Penalties A violation of any of the provisions of these regula- tions shall be deemed a misdemeanor, and upon conviction | thercof shall be punished by imprisonment of not more | than one year, or by a fine of not more than Five Hundred | Dollars 00.00), each viclation to be considered a sep- | arate offense; and any such conviction shall be prima | facie cause for revocation of any license, and no license shall thereafter issue for a period 6f one year from the ! date of revocation to any such licensee whose license has been revoked. Any intoxicating liquors shipped into the Territory of Ala other than to licensees hereunder and contrary to the provisions of these regulations shall be deemed con- { traband and subject to confiscation by the Territory or any | enforcement officer and any intoxicating liquors so seized ‘ shall be sold under the instructions of the Board of Liquor Control and the proceeds thereof deposited with the Terri- torial Treasurer. REGULATION XIL Classification of Licenses The following licenses may be obtained Board of Liquor Control: Beverage Dispensary Licenses A Beverage Dispensary License shall give to the hold- er thereof the right to sell or serve on the premises beer and wine. Provided, however, that the premises for which such license is issued shall not be connected by doors or otherwise with premises covered by any other license | issued under these regulations; and provided further, that the sales under Beverage Dispensary Licenses are limited to less than Five (5) wine gallons to any one person in any one day. A Beverage Dispensary License Fee is two hundred fifty dollars ($250.00). Restaurant Licenses A Restaurant License shall give to the holder thereof | the right to sell beer and wine in a restaurant with meals furnished in good faith to guests and patrons. A Restaurant License Fee is one hundred ($100.00). from the dollars Road House Licenses A Road House License shall give to the holder thereof ’thc right to sell beer and wine in a road house situated { not less than ten miles from any incorporated city and | serving food to the traveling public. | A Road House License I'ee is fifty dollars ($50.00). | | Club Licenses A Club License shallegive to clubs, fraternal organiza- tiens and patriotic organizations that have a Territorial or National charter and which have been so incorporated for a period of two (2) years, the right to serve beer and | wine to the members and their guests in their club rooms. A Club License Fee is fifty dollars ($50.00). Bottling Works Licenses A Bottling Works License shall give to the holder thereof the right to operate a Bottling Works where beer and wine may be boitled and sold, but no sale of beer or wine shall be made in less quantities than Five (5) wine zallons, and no sale shall be made in the Territory except to licensees under the provisions of these regulations. A Bottling Works License Fee is one hundred dollars ($100.00) . Brewery Licenses A Brewery License shall give to the holder thereof | the right to operate a Brewery where beer is manufactur- | ed, brewed, prepared, bottled or barrelled for sale; but no sale shall be made in less quantities than Five (5) wine | gallons, and no sale shall be permitted in the Territory except to licensees under the provisions of these regula- | tions. A DBrewery License Fee ($100.00). is one hundred dollars Retail Licenses SEES BUSINESS gallons, and no sale shall be made in the Territory except to licensees under the provisions of these regulations and not to the consumer or the general public. A Distillery License Fee is one hundred 0.00). | dollars (8101 Beat Licenses A Boat License shall give to the holder thereof the right to sell intoxicating liquors on boats of two hundred and fifty (250) tons or over, United States Custom House measurement, for consumption on the boat; provided, - however, that no sale of intoxicating liquor shall be made ~ while such licensed boat is in any Alaska port. A Boat License Fee is one hundred dollars ($100.00), Adopted by Board of Liquor Control April 3, 1935. JOHN W. TROY, Chairman. FRANK A. BOYLE, Secretary. U. S, CHAMBER |UNITED STATES $.SINSPECTORS *ISSUE LICENSES 'March Was Busy Month for Local Officers of Navigation Bureau STRENGTH GAIN However, Labor President Views Unemployed Sit- uation with Gloom WASHINGTON, April 8— As the American Federation of Labor was viewing the unemployment sit- uation with deep gloom, the United States Chamber of Commerce hcrei Saturday reported elements of busi- 1ess strength in the nation ae- cumulating. of steam vessels of not over 3500 “There is evidence that the gen- gross tons; also Chief Mate of eral level of business activity con-!coastwise vessels of any gross tons; tinues above the level of the be-|also Second Mate on ocean steam- sinning of the second quarter of ers of any gross tons; also First 1934," the Chamber's monthly rt- Class Pilot on ocean steamers of view of business pointed out. |wuy gross tons on the waters of But, William Green, President-of | Southeast Alaska on vessels of 3500 he A. F. of L., said, “It's clear now gross fons. we cannot expect this year's busy| Leslie H. H. Jennings—Master on spring season in industry to bring OCcau steam vessels of any gross any further progress toward put-| tons; also First Class Pilot f ting unemployed persons to work.” Puget Sound and adjacent inlan The Chamber listed as one of Waters, Southeast and Southwest the favorable conditions the con- | Alaska, Bristol Bay and tributaries. ‘inued use of electric power at a| Sténley R. Duke—Chief Mate of national rate almost at record fig- Coastwise steam vessels of 500 gross ures. Bank debits held well above|tons: also Third Mate of steam the corresponding week of last Vessels of any gross tons on any vear and the use of mails ran ©cean. higher. Sales of life insurance sup-| Ernest W. Steers — First Class plied an indicator as to ability to Pilot for Southeast Alaska, 300 enter upon savings plans. gross tons. 2 Ottar N. Johnson — First Class DEPUTY SAMPLES Pilot on the waters of Southeast BR]N'GS PR]SONER Alasknl on vessels of not over 300 | gross tons. & oy FROM TENA.KEE HOME James Kennedy—Chief Engineer on steam vessels of any gross tons. Harold L. Wood—Chief Engineer G. W. Samples, deputy marshal cn motor vessels of not over 100 1t Tenakee, came in with a prison- gress tons. or, Frank Bongard, on the Kenai Stanley C. Areneson—Second As- and will be here a couple of days sistant Engineer of motor vessels before returning. Bongard was fin- of any gross tons. ed $75 and given a jail sentence of | Licenses Endorsed 80 days by the Commissioner’s court | The following licenses- were en= in Tenakee for carrying concealed dorsed by this Board during the weapons. He is reported to have month of March: gone to the jail at Tenakee and Walter J. Irby — Endorsed as during an altercation with the Chief Engineer on motor vessels of marshal a gun dropped out of his not over 1500 gross tons. b nocket. Charles L. Stone — Endorsed as Mr. Samples reports excellent First Class Pilot on the waters of weather in the Tenakee district |Southwest Alaska. and spring work is starting. Ed| Fred J. Oaks—Endorsed as Chief Snyder, he said, is re-driving his Engineer of motor vessels of not dock. | over 3500 gross tons. } MASONIC OFFICER |opertors of mo ON OFFICIAL VISIT 1."ul cumen sna seven certits TO JUNEAU LODGE‘C"}:S to lifeboat men. » hree vessels were granted cer- On his official visit to Juneau,|tificates of inspection during the Douglas and Skagway anlc:momh. Two vessels were umt-; lodges, C. P. Kirtland of Wran- ¢d. There were also two investiga- The following licenses were 1s« cgued by Capt. John M. Clark and |John Newmarker, the U. S. Local | Inspectors, Bureau of Navigation and Steamboat Inspection, for the month of March: Christopher 8. Johnson—Master | There were also 24 licenses 'as |operators of motor vessels lssued A Retail License shall give to the holder thereof the right to sell in his establishment intoxicating liquors, in- cluding beer and wine, in the original packages and wine lin bulk, All liquor requiring Internal Revenue strip | stamps shall have such stamps intact upon the package. | The econsumption of any intoxicating liquor on the prem- | ises under this license is prohibited. Sales under a Retail License shall be limited to less than Five (5) wine gallons gell, District Deputy Grand Master, 'ons into accidents to vessels. arrived on the Victoria and tonight | I 317 107 e | will meet with Mt. Juneau Lodge MEACHRAN RETURNS %y No. 147 in the Masonic Temple for| N. A. McEachran, Schwabacher linner at 6:30 for all Masons. To-!‘fi“‘m’”‘ representative, ~returned. morrow night he will visit the !0 Juneau on the Norco, He tooks Douglas lodge, then going to Skag- | Passage at Petersburg. way before returning to his home | 7" in Wrangell where he is cashier in | { to any one person in any one day. | A Retail License Fee is one hundred fifty dollars | ($150.00). | Wholesale Licenses (1) A General Wholesale License shall give to the | holder thereof the right to sell intoxicating liquors, jn- cluding beer and wines, in the original package, and wine | in bulk, in quantities of not less than Five (5) wine gal- | lons to holders of licenses under these regulations, but not to the consumer. All liquor requiring Internal Reve- | nue stamps must have such stamps intact on the package., A General Wholesale License Fee is one hundred fifty | dollars ($150.00). (2) A Wholesale Hard and Distilled Liquor License shall give to the holder thereof the right to sell hard and distilled liquors in the original packages of not less than five (5) wine gallons with the Internal Revenue stamps intact, to holders of licenses under these regulations but not to the consumer. A Wholesale Hard and Distilled Liquor License Fee is one hundred dollars ($100.00). (3) A Wholesale Beer and Wine License shall give to the holder thercof the right to sell beer or wine in the original packages and wine in bulk in quantities of not less than five (5) wine gallons to holders of licenses under these regulations but not to the consumer. A Wholesale Beer and Wine License Fee is one hun- dred dollars ($100.00). A Wholesale Licenge shall be required for each dis- tributing point. Distillery Licenses A Distillery License shall give to the holder thereof the right to operate a Distillery where intoxicating liquors are distilled, prepared, bottled or barreled for sale, but no sale shall be made in less quantities than Five (5), wine the Bank of Alaska at Wrangell | ——— CAPT. HOLLAND HERE Capt. John C. Holland, Alaska mining man, arrived in Juneau on‘ ! the Victoria from Seattle. ij_; FOR INSURANCE See H. R. SHEPARD & SON Telephone 409 B, M. Behrends Ao Bt S AR5 0 5 i $5.00 per month || J. B. Burford & Co. “Our doorstep is worn by satise fled customers Bank Bldg.- WALLIS S. GEORGE, C.P.A. Associates JAMES C. COOPER, CPA, WALLIS S. GEORGE & CO. CERTIFIED PUBLIC ACCOUNTANTS Juneau, Alaska SYSTEM TAX AUDIT SERVICE 24-Hour Service Beer—if desired Merchants’ Lunch BAILEY’S CAFE St aotmn “WHERE YOU MEET YOUR FRIENDS" CAPITOL BEER PARLORS AND BALL ROOM Lunches Dancing Every Night Private Booths