The Garden Island. [volume], September 03, 1918, Page 6, Image 6

About The Garden Island. [volume] (Lihue, Kauai, H.T.) 1902-current

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6
THE GARDEN ISLAND. TUESDAY. SEPT. 3, 1918
i
By Authority
RULES AND REGULATIONS PRE
SCRIBED BY THE GOVERNOR OF
HAWAII PURSUANT TO THE
AUTHORITY IN HIM VESTED BY
AN ACT OF CONGRESS APPROV
ED MAY 23, 1918, FOR THE SALE,
GIFT, TRANSPORTATION, IM
PORT AND EXPORT OF INTOXI
CATING LIQUORS IN THE TER
RITORY OF HAWAII FOR MECH
ANICAL, SCIENTIFIC, SACRA
MENTAL AND MEDICINAL PUR
POSES. Rule 1. Deflations: The term In
toxicating liquors as used in those
Rules and Regulations shall be hold
to Include only such Intoxicating liq
uors as are referred to and described
in the Act of Congress, approved May
23, 1918.
"Board" as used in these Rules and
Regulations shall mean the Hoard of
License Commissioners, as now con
stituted, or hereafter appointed by the
Governor, in each case for the County
or City and County wherein a particul
ar license is proposed to be or is ex
ercised. "Inspector" shall mean the license
Inspector, and his deputies as herein
after defined, in each case for the
County or City and County wherein a
particular license is proposed to bo
or is exercised.
"Persons" as used in these Rules
and Regulations shall bo held and
taken to mean and include any cor
poration, joint stock company, indi
vidual or Individuals, acting or be
ing singly or together as a co partner
ship, club ou association of any kind
nh.itever.
Rule 2. Except as authorized or
licensed so to do under these Rules
and Regulations, no corporation, firm
or individual shall sell, or expose,
keep or offer for sale, give away, man
ufacture, thansport, import or export
any intoxicating liquors, or solicit or
receive orders for the purchase or sale
of any such Intoxicating liquors.
Rule 3. The several boards of li
cence commissioners of the Counties
and of the City and County are here
by authorized and empowered, and
shall have the sole power, authority
ami discretion, subject only to the
approval of the Governor, each within
its own County or City and County,
to grant, refuse, suspend, j-evoke and
control licenses to sell, give away,
manufacture, transport, import and
export intoxicating liquors in such
County and City and County for niech
anical, scientific, sacramental or ine
dlclnal purpose only.
The said several boards of License
Commissioners as now constituted are
hereby constituted Boards of License
Commissioners for the Counties and
the City and County for the Express
purpose of performing the duties 1m
posed upon them by those Rules and
Regulations. The members of the sev
eral boards as now constituted shall
continue to serve as such for the said
purpose until their successors are ap
pointed and qualified, unless sooner
removed from office by the Governor.
Vacancies in the several boards shall
be filled by appointment by the Gov
ernor. Rule 4. Each board, within its own
County or City and County, and the
individual members thereof, shall, so
far as the same may be applicable
hereto, and subject to the provisions
of the Act of Congress approved May
23, 1918, nnd to these Rules and Reg
ulations, have and exercise all the
Powers and authority with respect to
the enforcement of these Rules as
they now have or heretofore have had
under the provisions oj Chapter 122,
R. L. II. 1915, and any amendments
thereof, with respect to the enforce
ment of the provisions of that chapter.
Rule 5. All expenses incurred by
said boards shall be paid by the
Counties and the Cityand County out
of the appropriations now provided for
by law for the expenses of such
boards, and all moneys received by
said boards for license fees shall be
remitted to the Treasurer of the
County or City and County as a
County or City nnd County realiza
tion. PROVIDED HOWEVER, that if
for any reason the said appropriations
shall not lie available for that purpose
then the caid expenses shall bo pairt
out of the Governor's contingent fund
and all moneys received as license
fees shall l.o remitted to (he Treasurer
of the Territory as a Territorial reali
zation. t
Rule 6. Each Hoard shall appoint
an Inspector who shll be known as
the Chief Inspector for the County
or City ai- 1 County where appointed,
and who : hall receive such salary as
the Board shall decide. In each dis
trict of tl Territory, other than the
difctrfct w). ! the Chief Inspector has
bis (jjfice. the ''.ov( nment physician
for su'-h (iinri't : v-l ,t: and i i here
by nx-ii'.'-'i fcfi'l ):-.;. .'i Ik IiU'y
Li'-rihe Irn-p- tor for m b di.-trict or
dititrictH. Hu'li ii puty :ei.-e ln-
gpfectorv bhill MTV- Wllho'jt j,;:y. It
shall be the duty of '! h '! i-i'v li '-rise
inspectors to issue pert,!' for ttie
purchase of Intoxicating Liquor., un
der these rules and regulations, with
in their own districts only and not
olherwisu.
Rule 7. Every license issued by
any such board Bhall bo signed by the
Chairman of the Board and counter
signed by the Chief Inspector.
Rule 8. No license or renewal
thereof shall be issued by any such
board except upon a written applica
tion signed and verified by the appli
cant. Such application shall bo set
forth:
(1) The full name, age and place
of residence of the applicant; and, if
a co-partnership, the names, ages and
respective places of residence of all
the partners; if a corporation or joint
stock company, Its full natno and date
of incorporation and the names of its
officers; and, if any other association
of individuals other than a corpora
tion, the names, ages and respective
places of residence of its officers nnd
the number of its members. . -
(2) A particular description of tho
place or premises where the proposed
license is to be exercised so that the
exact location and extent thereof may
be clearly and definately determined
therefrom.
Rule 9. Any license issued under
these Rules and Regulations prior to
June 30, 11)19, shall expire on that
date. All licenses issued -as of July
1st of any year thereafter shall be for
term of one year, and if issued after
Julv 1st of any year shall bo for a
term to expire on tho 30th day of June
following.
Rule 10. Tho annual fee for a lic
ense to sell intoxicating liquor under
these Rules and Regulations shall be
as follows: in the Judicial District of
Honolulu, City and County of Hono
lulu, One Hundred ($100.00) Dollars;
in. the Judicial District of South Hilo,
Seventy Five ($75.00) Dollars; in the
Judicial Districts of Lihuo and Wail
uku, Fifty (.7.10.00) Dollars; and all
other Judicial Districts of the Ter
ritory, Twenty Five ($25.00) Dollars,'
which fee shall be and become pay
able in two semiannual installments
in advance on the li,t day of July and
January of each year. No license
shall issue until such installment of
the fee has been paid to the secretary
of the board of license commissioners
for tho County in which such appli
cant proposes to exercise his license:
PROVIDED. HOWEVER, if tho ap
plication is for a license 'for a part of
a year the license fee shall be pro
portionately computed and paid as hi
this Rule provided.
Rule 11. If the second installment
of the license fee for any license shall
not be paid when duo, the license
whereon the same is due shall, Ipso
facto, bo suspended until payment
shall be made; and any attempt of
the licensee to exercise his business
under such license, whilo such license
is so suspended, shall subject him to
all the penalties by said Act of Con
gress prescribed; and his license may
be revoked or further suspended.
Rule 12. There shall also be filed
with every application for a license,
or the renewal of a license, a good
and sufficient bond with such suffi
cient sureties as may be approved by
the board substantially in the form
prescribed by Rule 13 hereof, in the
sum of Five Hundred ($500.00) Dol
lars. Rule 13. The form of the bond re
quired by the preceding Rule shall be
substantially as follows:
"KNOW ALL MEN BY THESE
PRESENTS: That we
ns principal,
and and
as surities,
are held and firmly bound unto..
in the penal sum of Five Hundred
($500.00) Dollars lawful money of the
United States, to be levied on our
respective Joint and several proper
ties in case the conditions hereinafter
set forth shall be violated; for the
just and full payment of which we
hereby jointly and severally bind our
selves, our heirs, exectutors and ad
ministrators. Sealed with our seals and dated this
day of " A. D.
llil
The Condition of this obligation is
as follows:
WHEREAS, the above bounden
ap
plied or is about to apply for a license
to sell intoxicating liquors in accord
ance with an Act of Congress approv
ed May 23, 1918, and in accordance
with the Rules and Regulations pro
mulgated by the Governor pursuant to
tie provisions of said Act. and has
complied with all the requirements of
lu w relative to the making of such ap
p'Yation. NOW, THEREFORE, if tho said ap
plication shall be granted and said
license issued unto said
and if.
di ring the continuance of said license,
I li said
.-.1 nil failhf.'.'ly observe and keep all
the conditions of said license, and all
laws, rules ml r. "rulatlons applicable
to the holding a.iJ exorcise thereof,
;u d shall not be convicted of the vio
la ion of any such conditions or laws,
Mr'-ii this obligation shall be. void;
otherwise upon proof of a conviction
of any such offense being made to the
-.it i. f :i i ion of a court of competent
juri.j'iii lion, judgement .shall bo enter-
rd against the principal and sureties I
named herein, for the full amount of
the linn and costs imposed us a pen
alty upon such conviction, nnd for tho
cost of all proceedings In connection
therewith.
Principal
Sureties
In the presence of:
Rule 14. Conditions of License:
Licenses shall be subject to the follow
ing conditions and provisions:
(1) That the license is Issued and
accepted subject to all rules and reg
ulations which have been or may be
thereafter promulgated by the Gov
ernor under the provisions of said
Act of Congress in regard to suspen
sion or revocation thereof by the
board for any violations of the con
ditions thereof, or of any law, rulo or
regulation affecting the same.
(2) That no intoxicating liquors
shall be sold, given away, furnished,
manufactured, transported, Imported
or exported except for mechanical,
scientific, sacramental or medicinal
purposes, and only as provided for by
the Rules and Regulations promul
gated by the Governor.
(3) That the license shall at all
, hues bo displayed in a conspicuous
,ilac on tie premises described there
l. ;
(4) That the licensed premises
ohall at all times be open to Inspection
jy the inspector of the board, any
member of the board, officers of the
police force, and any person designat
ed by tho Governor.
(5) That for the violation of any
of the said conditions or of the said
Act of Congress or of any rule or reg
ulation promulgated by the Governor
pursuant to said Act, the licensee
shall become liable to all penalties
and prosecutions provided by law with
respect thereto, in addition to and in
dependently of any action of the board
with respect to his license.
Rule 15. Revocation and Suspen
sion of License:' In the exercise of
ihe power and authority by these
Rules and Regulations conferred, each
i.o.u'd of license commissioners may
revoke or suspend any license issued
uy virtue of Us approval either lor
the violation o any conditions of such
license or for the violation of any rule
or regulation promulgated by the Gov
ernor pursuant to said Act of Con
gress, or upon conviction at law of a
licensee of the violation of any of the
provisions of said Act of Congress re
lative to the sale of intoxicating
liquors, or for ony other cause deemed
sufficient by the board.
Rule 16. Any person desiring to
purchase intoxicating liquors for mech
anical, scientific, sacramental or med
icinal purposes shall first obtain
written permit for such purpose from
the inspector. Before issuing such
permit the inspector shall satisfy him
self that the intoxicating liquor
sought to be purchased is actually and
bona fide required for a purpose con
templated by said Act of Congress;
PROVIDED, HOWEVER, that no per
mit shall be issued for the purchase of
intoxicating liquor for medicinal pur
poses except upon the written pre
scription of a physician duly licensed
as such, which prescription shall be
retained by tho Inspector and filed in
his office as a part of his permanent
record, and provided further that the
Inspector may issue permits to phy
sicians and surgeons, duly licensed
as such, for the purchase of intoxicat
ing liquor from a licensee, for use by
such physician or surgeon in com
pounding medicines.
Rule 17. fThe Inspector shall keep
a true and exact record of all permits
issued by him, which record shall show
in detail tho date of the permit, the
name and address of tho person to
whom issued, tho purpose for which
it was issued, and the kind and amount
of intoxicating liquor specified there
in.
Rule 18. No licensee shall sell
give away, or otherwise dispose of any
intoxicating liquor except upon a per
mit from the inspector, and then only
to the person to whom the said permit
was issued. AH such permits shall be
consecutively numbered by the in
spector and retained and filed by the
inlicensee as a part of his permanent
record of sales. The licensee shall
also keep a true and exact record of
all sales made by him, which record
shall show in detail the date of such
sale, the number of the permit under
which the same was sold, the person
to whom sold, the purpose for which
it was purchased, and the amount and
Kind of intoxicating liquor sold. The
said record shall be open to inspection
by the inspector or any member of the
board at any reasonable hour, or any
person designated by the Governor.
Rule 19. All intoxicating liquors
sold by tho licensee for mechanical or
scientific purposes shall, so far as may
be possible in view of the contem
plated u:,e of tho same, be denatured
so as to render the same unfit for
human consumption.
Rule 20. No intoxicating liquors
shall be imported info his district by
any licensee from any other part of
the Territory, stales or foreign coun-
jtrjfc unless buch licensee's order for
the same shall have received the writ
ten approval and endorsement of tho
inspector. The said Inspector shall
keep a detailed record of all such
orders and shall from time to time ex
amine the licensee's stock of liquor on
hand, and, for the purpose of keep
ing an accurate check on the amount
nnd kind of business done by the
licensee, compare the samo with the
amount ordered and the amount sold.
Rule 21. Upon written applcation
therefor by any person known or
proven to the Inspector to be a clergy
man of any Christian denomination
regularly engaged in his vocation, In
which said application it shall be set
forth that the wine therein mentioned
is to be used solely for sacramental
purposes, the Inspector shall issue to
such applicant a permit to purchase
wine for sacramental purposes from
any duly licensed dealer in tho Ter
ritory and or a permit to receive
such wine for said purposes from any
other clergyman In the Territory law
fully possessing same and or a per
mit to obtain and receive wine for
said purposes from another part of
the Territory than that in which the
applicant resides and I or a permit to
import wine for said purposes from
any other part of the United States or
from any foreign country and or a
permit to transport and or dispose of
wine for sacramental purposes; and
any and all such permits so issued
shall be honored by and be a protec
tion to (a) all licensed dealers selling
or furnishing such wine upon such
permits, (b) all clergymen furnishing
wine upon such permits, and (c) all
persons aiding in transporting such
wines upon such permits.
Rule 22. No licensee shall export
any intoxicating liquor from the Coun
ty in which such licensee is doing
business, to any other County of the
Territory except upon a permit Issued
by tho inspector of the County to
which such liquor is intended to be
exported.
Rule 23. No person shall transport
from one place to another within the
Territory of Hawaii any intoxicating
liquor except upon a written order
for such transportation signed by a
licensee or by a Clergyman as defined
in Rulo 21 hereof. Any person violat
ing this rule shall be liable to the
penalties provided for in said Act of
Congress for illegal transportation;
the said order for transportation shall
bo exhibited on demand to any in
spector, to any member of the board or
police force, or to any other person
designated by the Governor to act in
-the premises. Said order for trans
portation shall be in the following
form :
To .-.
You are hereby authorized and re
quested to transport from
in the County of T. H.,
to in the County
of T. H., and to
deliver to...A the
following cases or packages of intoxi
cating liquor, to-wit:
This order for transportation is to be
exhibited by you upou demand made
by any License Inspector, any mem
ber of the Board of License Com
missioners, or of tho police force, or
any person having written authority
from the Governor of Hawaii.
Dated at ,
191...
PROVIDED, HOWEVER, that this
rule shall not apply to any person law
fully purchasing alcoholic liquor upon
a proper permit If such purchaser
shall personally transport such liquor
from one place to another for the pur
poses indicated in his permit.
Rule 24. All physicians and sur
geons duly licensed as such in the
Territory of Hawaii, may sell and
otherwise dispose of intoxicating
liquors to a patient without the license
provided for by these Rules and Reg
ulations when and only when such in
toxicating liquors shall have been com
pounded with medicinal drugs for
bona fide use by such patient as ined
icine only. All licensed pharmacists
may, without the license required by
these Rules and Regulations, but only
upon the written prescription of a phy
sician or surgeon, sell and otherwise
dispose of intoxicating liquors when
and only when compounded with such
medicinal drugs.
Rule 25. These Rules and Regula
tions shall not apply to the sale or
other disposal of patent and proprie
tary medicines containing alcohol or
other intoxicating liquors.
Rule 26. It shall be the' duty of
every inspector, and it shall be lawful
for any member of the board, at all
reasonable times, and at any time
whatsoever if there be any reason for
suspicion that tho conditions of any
license are being violated, without
warrant to enter into and upon any
licensed premises and inspect the
same and any part thereof, to ascer
tain whether or not all conditions of
the license and all provisions of these
Rules and Regulations are being com
plied with.
Rule 27. Theso Rules and Regula
tions shall be in full force and effect
from and after midnight of tho 20th
day of August, A. D., 1918, and shall
be published at least once a week for
four consecutive weeks (four inscr-
Hons) in a newspaper or newspapers
of general circulation In each County
and City and County. All subsequent
additions nnd amendments to those
Rules and Regulations shall likewise
be published and shall bo effective
from and after the date of the first
publication in each County and City
and County.
Done at the Executive Building,
Honolulu, T. II., this 15th day of 'Aug
ust. A. D., 1918.
(Sgd) c. ,i. McCarthy,
. Governor
August 20-27-Sept.-3-10
FOR THE HOUSE.
To the voters on Kauai:
I beg to announce myself as a can
didate on the Democratic ticket at
the forth coming primaries for the
House of Representatives.
I respectfully solicit the support of
the voters of Kauai.
M. S. IIENRIQUES.
Kapaa, May 25th. 1918.
FOR THE SENATE
To the Voters of Kauai:
I hereby announce my candidacy as
a Republican for nomination at the
forthcoming primary election, for the
Territorial Senate, and solicit the Sup
port of the voters of Kauai.
JOE RODRIGUES
NOTICE
Anyone found shooting on any of
the Lihue Plantation lands will be
prosecuted to tho fullest extent of
the law.
R. D. MOLER,
Manager.
PAUL R. ISENBERG,
Lessee.
Lihue, July 16, 1918. Advertisement
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