SECTION 3. The treasurer shall not cause or allow to be paid from the treasury any money for the objects named in this act, except as herein provided, and the unauthorized expenditure of any money from the treasury, to be thereafter accounted for to the legislature by indemnity bill, is hereby expressly prohibited. SECTION 4. No person holding more than one office shall be authorized to draw more than the salary of the highest grade of office held by him, if the salary of any office held by him shall amount to eighteen hundred dollars or more per annum, and shall be entitled to no other or further compensation. SECTION 5. The treasurer shall not pay or allow to be paid from the treasury any sum on account of any item of this act in excess of the due proportion of the amount appropriated for such item for the time elapsed: Provided, however, that the governor may authorize the treasurer to pay, on the requisition of the head of any department, moneys in excess of such proportion. АСТ 61. AN ACT to authorize licenses for the retail of wines, beers, and ales of low alcoholic strength. SECTION 1. The treasurer is hereby authorized and empowered, with the approval of the governor, to issue licenses for the term of one year to any applicant for sale at retail only by the glass or single bottle of wines manufactured from grapes not to exceed eighteen per cent of alcoholic strength, and of beers and ales in the same manner not to exceed eleven per cent of alcoholic strength, all such wines to be unmixed with any ingredients or materials injurious to health. Not more than three of such licenses shall be issued for each of the judicial districts in the Territory: Provided, however, That in any district, town, or place in which there is a license in existence for the selling at retail of spirituous liquors and the business of vending spirituous liquors at retail is actually carried on no such license shall be issued within two miles from the place where business is being carried on under such license: Provided, however, That Nuuanu Valley, Waikiki and Kalihi, in the district of Kona, Island of Oahu, shall for the purposes of this act be each considered a judicial district. SECTION 2. Before the granting of a license under this act the licensee shall pay to the treasurer the sum of two hundred dollars as such license fee, and shall file with such treasurer a bond in the penal sum of five hundred dollars ($500.00), conditioned to faithfully carry out and abide by the terms and conditions of law and of the license, with not less than one sufficient surety to be approved by the treasurer. No person holding any interest in any license for the sale of wines, beers, or spirits shall be received as surety on such bond. SECTION 3. The license by this act authorized shall be issued only to the person or persons who are in the actual active management and control of the business carried on thereunder, and who are also the actual owners thereof, and shall not be issued to any person holding a wholesale, jobbing, or retail license for the sale of spirituous liquors or to any person holding a license for the sale of imported goods, wares, and merchandise. The license shall authorize the licensee to sell and dispose of the beverages by this act allowed only between the hours of seven o'clock in the morning and eight o'clock at night on every day except Sunday, subject to being closed by the chief sheriff or his deputy or by any sheriff or deputy sheriff upon election days and at any other time when in the opinion of such officer the preservation of public order may for the time being require it. SECTION 4. Such license shall contain, among other rules and regulations, the conditions that no liquor other than that allowed by the terms of the license to be sold shall be permitted in the building or on the premises wherein the licensee is authorized to sell wines, beers, and ales; that the chief sheriff or his deputy or any sheriff or deputy sheriff or police captain shall at all times and without search warrant have the right to enter the premises and examine and search the same for any spirituous or intoxicating liquor not permitted by the license and, if found, to take and carry away the same, and also to take samples of any wine, beer, or ale or other beverage on the premises and carry away the same for the purpose of analysis. SECTION 5. The vending of wines, beer, and ale shall be regulated. more definitely by the terms of the license, and the treasurer may prescribe in the license definite rules and regulations to be observed by the vendor. SECTION 6. All persons applying for license under the provisions of this act shall, before receiving the same, file a bond (in form similar to the following), the same being always subject to the approval of the treasurer: principal, "Know all men by these presents, that we and surety, are held and firmly bound unto the treasurer, for the use of the Territory of Hawaii in the penal sum of five hundred dollars, 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, and administrators. day of 189-. 66 Sealed with our seals and dated this "The condition of this obligation is as follows: "That whereas the above boundenhas this day applied for a license to retail wines, beers, and ales in accordance with the law approved on the day of 189-, entitled 'An act to authorize licenses for the retail of wines, beers, and ales of low alcoholic strength', and has complied with all the requisitions of law, and has consequently been granted a license to retail wines, beers, and ales, in accordance with such law, for the term of one year from date. Now, therefore, if during the continuance of this license the said shall faithfully observe and abide by all of the terms and conditions of said license and of said law, and all rules and regulations prescribed by the treasurer, and shall not be convicted of felony, perjury, or other infamous offense, or of any offense against or violation of the revenue laws, or of any other offense under the said statute involving a forfeiture of the said license, a copy of which is hereto annexed, then this obligation shall be void. Otherwise, upon proof being made to the satisfaction of a district magistrate, without the intervention of a jury the penalty mentioned in the 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 66 SECTION 7. Whenever any person, by excessive drinking of spirittuous or intoxicating liquor, misspends, wastes, or lessens his or her estate, or greatly injures his or her health, or endangers or interrupts the peace and happiness of his or her family or becomes a nuisance to the public, or has twice been convicted of having been drunk in any public place from the voluntary use of intoxicating liquor within twelve months then last past, the husband, wife, son, daughter, brother, sister, parent, or guardian. of such person, or the district magistrate of the district, or the circuit court judge of the circuit in which such person resides, or the sheriff of the island, or any deputy sheriff, may notify in writing any licensee or licensees under this act not to sell any wines, beers, or ales to such person for the term of one year thereafter, and the serving of such notice shall be prima facie evidence of the receipt thereof by such licensee or licensees. SECTION 8. If any holder of a license under this act, after receiving a notice as set forth in the preceding section, shall sell or furnish any wines, beers, or ales to such person who by excessive drinking misspends, wastes, or lessens his or her estate, or greatly injures his or her health, or endangers or interrupts the peace and happiness of his or her family, or becomes a nuisance to the public, or has twice been convicted within twelve months then last past of having been drunk in a public place from the voluntary use of intoxicating liquor; or shall sell any spirituous or intoxicating liquor on Sunday, or shall furnish on Sunday to anyone, with or without pay, any spirituous or intoxicating liquor at his place of business, or shall sell any spirituous or intoxicating liquors of higher grades than are authorized by this act, or shall sell any spirituous or intoxicating liquors mixed or adulterated with any material injurious to health, or shall sell or furnish any spirituous or intoxicating liquor to any children or drunken person, or shall suffer any person to play any unlawful game or sport within the said licensed premises or the appurtenances thereto, or suffer anyone to play at billiards or any other game upon said premises on Sunday, or shall permit prostitutes or drunken or disorderly persons to frequent said premises or to remain thereon, or shall violate any provision of this act or any condition of his license, such licensee shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars, or by imprisonment at hard labor not exceeding six months, and, in the discretion of the judge or magistrate having jurisdiction of the offense before whom the conviction is had, his license under this act may be revoked, and, in case of any subsequent conviction under the provisions of this act within twelve months after a prior conviction, the license of such licensee shall be revoked. SECTION 9. Jurisdiction is hereby conferred upon all district magistrates to hear and determine all prosecutions authorized under the provisions of this act. SECTION 10. For the purposes of this act the terms "spirituous liquors" shall mean any wines, spirits, ales, cider, perry, beer, or other fermented or distilled liquors, and all liquors of an intoxicating nature. "Sundays" shall mean the time between eight of the clock in the evening of Saturday and seven of the clock in the morning of the succeeding Monday. [ACT 62.] ACT 63. AN ACT making special appropriations for the use of the government during the two years which will end with the 31st day of December, A. D. 1899. SECTION 1. The following sums, amounting to $1,349,316.28, are hereby appropriated out of any moneys which will be received by the treasury during the biennial period ending December 31, A. D. 1899, from the loan authorized by an act passed by the legislature of 1896, entitled "An act to provide for public loans," and out of any moneys now in the treasury, or which may hereafter be received by the treasury from any balance in hand from the loan fund from whatever source, on the 31st day of May, A. D. 1898. Provided, however, That any moneys advanced from current receipts for the objects named may, as soon as practicable, be reimbursed from moneys obtained from such loan. SECTION 2. DEPARTMENT OF PUBLIC WORKS. Harbor improvement, Honolulu (Provided that no money from this appropriation shall be spent in the erection of a retaining wall across the mouth of the Nuuanu stream nor in changing the present course or flow of the Nuuanu stream as it flows into Honolulu harbor.) Breakwater and wharf, Hilo Bay.. New wharf at Papiha, Nahiku, and approaches. $225,000.00 50,000.00 5,000.00 4,000.00 284,000.00 Homestead roads (Kaiwiki, Kaumana, and Ponohawai) 20,000.00 Extension of Upper Puna road from Kekee to Kalapana.. 10,000.00 2,500.00 2 miles crossroad, and 12 miles parallel to Volcano road. 30,000.00 10,000.00 52,500.00 South Kona: Wharf, Hoopuloa.. $800.00 Extension to Kau. 10,000.00 Grading and building road from Hoopuloa Landing to Upper Government road.. 4,000.00 Honaunau, Upper road to road to Napoopoo Landing at Kihei...... 5,000.00 19,800.00 Hana to Hanawai Gulch, through Nahiku homesteads and branches 25,000.00 Mokolau to Kipahulu 8,000.00 New street from Leleo soap works, King street, to connect with Vineyard street extension, including road damages. 5,000.00 Construction of Puunui road and extension of Liliha street. 5,000.00 Stone wall, banking of Pauoa stream 3,000.00 Macadamizing West Manoa road. 5,000.00 Widening and completing Beretania street from tramway stable to 13,000.00 36,500.00 MISCELLANEOUS. New light-houses and lights: Completion Diamond Head $4,000.00 (Not to exceed $2,500.00 thereof to be first expended in erecting Makapuu 10,000.00 Light-house at Kailua, North Kona Court-house at Kailua, North Kona Sewerage of Honolulu.. 500.00 2,500.00 257,000.00 |