Billard tables in a club: Montreal; Quebec ; 17. On each license for a billiard table in a club: a. In the city of Montreal, twenty dollars; c. In every other part of the Province, ten dollars. VIII. POWDER MAGAZINE LICENSES. Powder magazine. Sale of powder: Montreal and Other cities; Town; Other organized parts. What is sale retail and 19. For each license to keep or use a powder magazine, fifty dollars. 20. For each license for the sale of powder or to keep it on sale: a. In the cities of Montreal and Quebec: 1. By wholesale and retail, twenty dollars; b. In every other city: 1. By wholesale and retail, ten dollars; 2. By retail only, five dollars; c. In every incorporated town: 1. By wholesale and retail, five dollars; 2. By retail only, two dollars and fifty cents; d. In any other organized part of the Province: 1. By wholesale and retail, two dollars and fifty cents; 2. By retail only, one dollar. A quantity of twenty-five pounds or more, or a dozen can of powder, by isters, of one pound each, sold at any one time, is deemed to be sold wholesale, and a less quantity is deemed to be a sale by retail. wholesale. IX.-CIRCUS AND MENAGERIE LICENSES. Circus and menagerie : Quebec and Other parts of the Province. 21. For each license to open and exhibit a circus or equestrian representation, menagerie, or caravan of wild animals: a. In the cities of Montreal and Quebec, and within a b. In other parts of the Province, one hundred dollars for 50 V., § 20.-Licenses under the Canada Temperance Act. in certain 879. No license for the sale of intoxicating liquors shall be Licenses not issued or take effect within any county, city, incorporated to be granted town, village, township, or other municipality in the Province localities. of Quebec, within which any by-law for prohibiting the sale of liquor under the Canada Temperance Act is in operation; ex- Exception. cept such licenses as are referred to in subsections 3, 4 and 8 of section 99 of the said act. 49-50 V., c. 3, s. 1. See R. S. C., c. 106. 880. Any collector of provincial revenue, appointed under Duties of colthe provisions of this section, shall, within the limits of the dis- lectors of provincial trict for which he is appointed, exercise and discharge all his revenue. powers and duties for the enforcement of the provisions of the second part of the Canada Temperance Act, as well as of this section, so far as the same apply, within the limits of any county, city, incorporated town, village, township or other municipality, in which any by-law under the said Canada Temperance Act is in operation. 49-50 V., c. 3, s. 2. 881. A wholesale license, to be obtained under and subject Wholesale to the provisions of this section, so far as the same may apply, ed in certain license requir shall be necessary in order to authorize and make lawful any cases. sale of liquor in the quantities allowed by subsection 8 of section 99 of the Canada Temperance Act. 49-50 V., c. 3, s. 3. to be offences. 882. The sale of intoxicating liquors without license, in Certain sales municipalities where the Canada Temperance Act is in operation, shall be held to be a contravention of the provisions of this section. 49-50 V., c. 3, s. 4. tain licenses. 883. The following duties on licenses, issued under and in Duties on cerpursuance of subsections 3, 4 and 8 of section 99 of the Canada Temperance Act, shall be payable to the collector of provincial revenue previous to the granting of the different licenses, Rate of such viz: duties. 1. On each druggist's or other vendor's license for the sale Druggist's, of liquor, for sacramental, medicinal and mechanical purposes: &c., licenses: a. In cities, eighty-seven dollars and fifty cents; Cities; Towns; e. In townships and parishes, thirty-one dollars and Townships, twenty-five cents. &c. 2. On each wholesale license: Wholesale licenses: a. In cities, one-hundred dollars; Cities; b. In towns, eighty-seven dollars and fifty cents; Towns; c. In townships and parishes, seventy-five dollars. 49- Townships, 50 V., c. 3, s. 5; 51-52 V., c. 10, s. 8. &c. Application of sums re ceived for cer 884 All sums received for duties on such druggists' or other vendors' licenses and on wholesale licenses, issued in tain licenses. municipalities in which the Canada Temperance Act is in operation, shall be paid by the collector of provincial revenue to the Provincial Treasurer and shall form part of the consolidated revenue fund. 49-50 V., c. 3, s. 6. Rent, how established. valuation required. § 21. Provisions respecting Rate of Rent. 885. The rent or annual value, fixing the rate of licenses in certain cases, is taken from the valuation roll for municipal purposes then in force. 41 V., c. 3, s. 64. Certificate of 886. To every application for license, the duty whereof is regulated by the amount of the rent or annual value, there must be annexed a certificate of the valuation, contained in the valuation roll, of the house and dependencies or premises for which such license is sought, which valuation shall include, not only the room or rooms used for the purposes required for such license, but also all other rooms, in the same house and dependencies which are occupied by the licensee or intended so to be for any purpose whatever, delivered by the city clerk or secretary-treasurer, who is bound to deliver such certificate, whenever thereto required, under a penalty of fifty dollars for each contravention. 43-44 V., c. 11, s. 18. Lieutenant Governor in Council may § 22.-Powers of the Lieutenant-Governor as to the Reduction of the Duty on Licenses and other Provisions. 887. The Lieutenant-Governor in Council may, by regulation, when and so often as he deems it expedient, reduce the reduce rates. rate of duty on licenses, as mentioned in article 878, provided that this rate be not below the rate imposed by the fifth section of the Imperial Act, fourteenth George III,chapter eightyeight. 41 V., c. 3, s. 66. Restriction. during provincial exhitions. License to sell 888. The Lieutenant-Governor in Council may, upon the recommendation of the permanent exhibition committee appointed by the Council of Agriculture and the Council of Arts and Manufactures, grant licenses, at reduced rates, to sell intoxicating liquors on the grounds set apart for exhibition purposes, to have effect only during the provincial exhibition. 4445 V., c. 4, s. 4. Case of the 889. The duties imposed by this section on licenses for repeal of the inns, restaurants, steamboat bars, railway buffets or liquor Imperial Act. shops, include those imposed by the said Imperial Act; but, should the said act be hereafter repealed, such repeal shall not have the effect of reducing the amount of such duties. 41 V., c. 3, s. 67. 890. No other licenses than those issued under this section Such licenses are sufficient. are necessary to be obtained by any person, for the same objects, from any corporation or municipal body. 41 V., c. 3, s. 68. 891. The obligation to take out a license for the sale of Club, &c. intoxicating liquors, and for billiard tables, applies to all places where such liquors are sold and where billiard tables are kept, notwithstanding that such places and tables are used by a club or association of any kind. 41 V., c. 3, s. 69; 43-44 V., c. 11, s. 20. § 23.-Duties of Collectors of Provincial Revenue as regards the Issuing of Licenses. to the issue of 892. Under the restrictions and exceptions hereinabove Duties of offiimposed, it is the duty of each collector of provincial revenue, cer in relation on proof being furnished to him of the fulfilment of all the licenses. formalities, on payment being made to him of the requisite duties for the issue of the licenses hereinabove mentioned, and on application being made to him to issue, within the limits of his jurisdiction, any of the above licenses. The same rule applies to the officer named for the issuing of tavern licenses at the mines. 41 V., c. 3, s. 70; 46 V., c. 6, s, 1. $ 24.-Penalties. 1. PENALTIES FOR SELLING INTOXICATING LIQUORS IN A MINING DIVISION. clamation de force in any or 893. The Lieutenant-Governor in Council may, by pro- Lieutenantclamation issued and published for that purpose in the Governor usual manner, when mines are actually in operation and when lande the public interest requires the same, declare that this sub- clare this subsection shall apply to any or all the mining divisions of the section in Province or to any part thereof; and, after such proclamation, in all mining whosoever, in such mining division or part thereof, sells or divisions. harters any intoxicating liquors, within a radius of seven miles For selling from any mine that is being worked, without having first obtain- liquor withed a license for that purpose, from the inspector of the division, a mining under the mining act, is liable to a fine, not exceeding one division. hundred dollars and costs, or in default of payment, to imprisonment for a period not exceeding two months, in addition to the forfeiture of such intoxicating liquors found in his possession. 43-44 V., c. 12, s. 116; 45 V., c. 14, s. 2; 51-52 V., c. 10, s. 15. out license in 894. Whosoever, in such mining division or part thereof, by On selling or himself, or his clerk, servant or agent, exposes or keeps for sale, exchanging directly, or indirectly, under any pretext, or by any device, sells liquors, &c. or barters for any consideration whatsoever or gives to any Guilt of per- What consti exchange of other person any intoxicating liquor, or any mixed liquor, part of which is intoxicating, incurs the penalties mentioned in the preceding article. 43-44 V., c. 12, s. 117; 51-52 V., c. 10, s. 15. 895. Whosoever, in the employment or on the premises of another, exposes or keeps for sale, or sells or barters or gives intoxicating liquor, in violation of the two preceding articles, is deemed to be equally guilty with his principal and incurs the same penalty. 43-44 V., c. 12, s. 118; 51-52 V., c. 10, s. 15. 896. In such mining division or part thereof, the delivery of tutes a sale or intoxicating liquor of any kind, in or from any building, booth intoxicating or place, other than a private dwelling house or its dependencies, liquors. or in or from any dwelling house or its dependencies, if any part thereof be used as a tavern, eating house, grocery, shop, or other place of common resort, such delivery, in either case, being to any one not bona fide a resident therein, is prima facie deemed sufficient evidence of and punishable as a sale and barter of intoxicating liquor, in violation of the said mining act. 43-44 V., c. 12, s. 119; 51-52 V., c. 10, s. 15. The same. 897. Any delivery of intoxicating liquor in or from a private dwelling house, or its dependencies, or in or from any other building or place whatever to any one, whether resident therein or not, with payment or promise of payment, either express or implied, before, on or after such delivery, is primâ facie deemed sufficient evidence of and punishable as a sale and barter of intoxicating liquor in violation of the said mining act. 43-44 V., c. 12, s. 120; 51-52 V., c. 10, s. 15. II. PENALTIES FOR ILLICIT SALES OF INTOXICATING LIQUORS AND Penalty for keeping tavern, &c, or without license. 898. Any one who keeps, without a license to that effect, still in force, an inn, restaurant, steamboat bar, railway buffet, selling liquors or liquor shop for the sale, by wholesale or retail, of intoxicating liquors, or sells, in any quantity whatsoever, intoxicating liquors, in any part whatsoever of this Province, municipally organized, is liable for each contravention, to a fine of ninetyfive dollars if such contravention take place in the city of Montreal, and seventy-five dollars if in any other part of organized territory; and, if the contravention take place in a non-organized territory, the penalty is thirty-five dollars. Penalty for keeping tem perance hotel without license. Any one who keeps, without a license to that effect, still in force, as by law prescribed, a temperance hotel, is liable, for each contravention, to a fine of twenty dollars. 41 V., c. 3, s. 71; 43-44 V., c. 11, s. 21. |