CHAPTER 112.

An Act intituled "The Manitoba Temperance Act."

[Assented to January 28th, 1916.]

THEREAS it is expedient to suppress the liquor traffic Preamble. in Manitoba by prohibiting provincial transactions

in liquor,

Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

SHORT TITLE

1. This Act may be cited as "The Manitoba Temperance Short title. Act."

INTERPRETATION.

2. In this Act, unless the context otherwise requires

Interpretation

(a) the expression "chief inspector" means the chief in- "Chief inspector appointed under this Act;

spector."

(b) the expression "local inspector" means an inspector ap- "Local inpointed under this Act for a locality;

spector."

(c) the expression "inspector" means a chief inspector as well "Inspector." as a local inspector;

premises."

(d) the expression "licensed premises" means the warehouse "Licensed or store in respect of which a license under this Act has been granted, and is in force, and shall include every room, closet, cellar, yard, stable, outhouse, shed and any other place whatsoever of, belonging or in any manner appertaining to such warehouse or store;

"liquors."

(e) the expression "liquor" or "liquors" shall include all "Liquor", or fermented, spirituous and malt liquors, and all combinations of liquors, and all drinks and drinkable liquids which are intoxicating; and any liquor which contains more than two and a half per cent. (2 per cent.) of proof spirits shall be conclusively deemed to be intoxicating;

wholesale li

the expression "druggist's wholesale license" shall mean a "Druggist's license authorizing a person, firm or incorporated company, cense." carrying on business as a wholesale druggist, to sell subject to the provisions of this Act in the warehouse or store in which such person, firm or incorporated company carry on the business of a wholesale druggist in accordance with section 35 of this Act, alcohol not exceeding in quantity ten gallons at any one time to any person for mechanical or scientific purposes and to a druggist retail licensee; and to sell to any duly registered medical practitioner, to any druggist retail licensee and to any incorporated public hospital, but to no other, liquor not exceeding in quantity five gallons at any one time:

What a "private dwelling house"

(g) the expression "druggist's retail license" shall mean a license authorizing a chemist or druggist, duly registered and licensed to practice and carry on business as such under and by virtue of the Act or Acts relating to the Pharmaceutical Association of Manitoba in force in this Province, to sell liquor for medicinal and sacramental purposes only in the store defined in such license, subject to the further provisions relating to druggist's retail licenses and to the other general provisions of this Act;

(h) the expression "druggist retail licensee" shall mean a person holding a druggist's retail license under this Act;

(i) the expression "druggist wholesale licensee" shall mean a person holding a druggist's wholesale license under this Act; (j) the expression "licensee" means a person holding a license under this Act.

3. The expression "private dwelling house" in this Act shall mean a separate dwelling with a separate door for ingress and egress, and actually and exclusively occupied and used as a private residence.

(a) Without restricting the generality of the above definition does not mean. Of a private dwelling house, among other things which the expression "private dwelling house" does not include or mean, it shall not include or mean and shall not be construed to include or mean any house or building occupied or used or partially occupied or used as an office, other than a duly registered physician's, dentist's or veterinary surgeon's office, or as a shop, or as a place of business, or as a factory, or as a workshop, or as a warehouse, or as a clubhouse, or club room, public hall or hall of any society or order, or as a boarding house, or as a lodging house where there are more than three lodgers other than the members of the family, or as a livery stable, or as an inn, tavern, hotel or other house or place of public entertainment, or any house or building the rooms or compartments in which are leased to different persons, or any building or house mentioned in section 85 of this Act, or any house or building where for money or other valuable consideration any goods or chattels are kept for sale or sold, or meals given or lodging provided, nor shall it include or mean or be construed to include or mean any house or building connected by a doorway or covered passage or way of internal communication, except by telephone, with any place where liquor is authorized to be sold under this Act, or with any office, except a duly registered physician's, dentist's or veterinary surgeon's office, or with any place of business, factory, warehouse, workshop, clubhouse, club-room, hall before mentioned, boarding house or lodging house as aforesaid, livery stable, inn, tavern, hotel or other house or place of public entertainment or resort or with any house or building mentioned in section 85 of this Act.

What a private

dwelling house includes.

(b) Notwithstanding the above restrictions a private dwelling house shall include also a suite of rooms in an apartment block, in a city, separated and closed off by walls from all other rooms

in such block, and without any door or opening whereby communication may be had with any other rooms, save doors opening into a main or common hall, leading with or without stairs into a street or lane; in such suite there shall be facilities for cooking, and in which a family actually resides, cooks, sleeps and has its meals.

LICENSES.

wholesale and

4. Druggists wholesale licenses and druggist retail licenses, Druggist's written or printed or partly written and partly printed on retail licenses. stamped paper, may be issued subject to the provisions and in the forms provided for by schedules A and B of this Act and shall be signed by the Attorney-General, and shall continue in force to the thirty-first day of May inclusive following the date thereof.

person named

tioned.

5. Subject to the provisions of this Act as to removals License only to and the transfer of licenses, every license for the sale of liquor and store or shall be held to be a license only to the person therein named warehouse menand for the warehouse or store therein mentioned, and shall remain valid only as long as such person continues to be the occupant of the said premises and the true owner of the business there carried on.

agent to sell

6. Every licensee and every partner, clerk, servant or agent Licensee or of such licensee who sells liquor in any other place or at any only at place other time or in any other quantities, or sells liquor otherwise mentioned. than as authorized by the license of such licensee and by this otherwise an Act, shall be guilty of an infraction of section 48 of this Act. infraction of

WHO MAY OR MAY NOT BE LICENSEES

Act.

company may

7. Any incorporated company may become a licensee under Incorporated the provisions of this Act, and in such cases all acts required become liby this Act to be done by any person as licensee, whether prior censee. to or after the granting of a license, may be done in the name of the company by the officer or agent of the said company in charge of the particular warehouse or store for which the license is to be or shall have been granted.

8. Licenses may be issued in the name of a co-partnership Co-partnership. when two or more persons are carrying on business in the same name, but a separate license shall be required in every separate place of business of such firm.

license has been

application to

9. If an applicant for a license has at any time or in any place If applicant for been refused a license on the ground that he is not a fit person formerly reto hold a license, no application by such applicant shall be enter- fused then no tained by the chief inspector within a period of three years be entertained from the last of such refusals, and no application by any person for 3 years. for a license shall be entertained by the chief inspector within the said period if a person whose application has been refused for the same premises be living upon the premises of the applicant or be in any way connected with the business proposed to be carried on by such applicant.

License to become void if

10. No license shall be granted or transferred to any person declared by this Act to be a disqualified person during the qualified appli- continuance of such disqualification, and any license issued or

issued to dis

cant.

Inspector not to be granted a license and no license in re

spect of prem

transferred to a person so disqualified shall be void; and, if any licensee during the time he holds a license becomes disqualified to be an applicant for a license, the license then held by him shall thereupon become void.

11. No license shall be granted under the provisions of this Act to or for the benefit of any person who is an inspector, and no license shall be granted in respect of premises the owner or ises owned by part owner of which in an inspector, and any license issued in contravention of this section shall be void, and every inspector who knowingly recommends the issue of a license in any such case shall be guilty of an offence against this Act.

an inspector.

Application for license to be

etc.

APPLICATION FOR LICENSE.

12. No license shall be granted to any person unless he has accompanied by filed his application therefor, with the affidavits and bond affidavits, bond, hereinafter mentioned, in the Department of the AttorneyGeneral at Winnipeg with the chief inspector on or before the first day of April in that year, and has given the security required by this Act, and unless he is a person of good reputation and character, and has not been convicted of any offence against any of the provisions of this Act or any previous "Liquor License Act" within three years prior to his application for such license, and has complied with the requirements of this Recommenda- Act preliminary to the issue of such license and has received a recommendation by the chief inspector in favor of the issue of a license to him, and unless his warehouse or store in respect of which he applies for a license is such as is required by this Act and suitable for carrying on the business in a reputable way, and unless the applicant is duly authorized to engage and is lawfully and in good faith engaged, in this Province in the business of chemist and druggist as the true owner thereof, Value of stock and has in such business a stock of drugs of the value of at least one thousand dollars if in any city, and if elsewhere of the value of at least two hundred dollars.

tion of chief

license inspector.

of drugs.

Affidavits to

plication.

13. The application for a license shall be accompanied by accompany ap- the affidavits of the applicant and two reputable persons verifying the correctness of the statements in such application. Such application and affidavits shall be in the suitable forms given in the schedules C and D of this Act.

Applicant to enter into a bond with

sureties.

14. (1) Before any license is issued, the person applying for the same shall enter into a bond to His Majesty, with two good and sufficient sureties, residents of Manitoba, to be approved by the chief inspector, with the condition and in other respect according to the form, or to the effect of such one of the forms, given in schedule E to this Act as is applicable to the case, and such bond shall accompany said application and be filed therewith.