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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 FOR SALE Ford Touring Body, Smith Motor Wheel, set of 33x4 Non-Skid Chains. Enquire at this office. FOR SALE D. W. WILSON'S BUICK 4, 1917 model, in good order, new tires. Apply to E. M. Cheatham, Kealia. 4t FOR SALE THREE MILCH COWS and two calves. Apply at tho Lihue Hospital. tf L.Ll I' 'J mm .: Newest, Coolest Hotel i Hawaii Fort Street. Honolulu HUlbL LlilUL r (The Fairview) Twenty-tAo elegant rooms In Main Building Three Airy Cottages Cuisine unexcelled in country districts W. H. Rice, Jr., Proprietor ,,,.j,,.4..;..j,.j.4...4,.j..j....,.5...4.4. 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