METROPOLITAN BOARD OF EXCISE. OFFICE, No. 301 MOTT STREET, NEW YORK. COMMISSIONERS. JOSEPH S. BOSWORTH. MATTHEW T. BRENNAN. JAMES CRANE, M. D. GEORGE B. LINCOLN. BENJAMIN F. MANIERRE, Treasurer. HENRY SMITH, President. STEPHEN SMITH, M. D. JOHN O. STONE, M. D. JOHN SWINBURNE, M. D. SECRETARY. EMMONS CLARK. OFFICERS OF THE BOARD. N. B. BARTRAM, Inspector of Excise. GEORGE S. HASTINGS, Assistant Attorney. LAW S RELATING TO THE METROPOLITAN BOARD OF EXCISE. CHAPTER 578, 1866. AN ACT to regulate the sale of intoxicating liquors within the Metropolitan Police District of the State of New York, passed April 14, 1866; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The persons who are and from time to time shall be Commissioners of the Metropolitan Board of Health, are hereby constituted and created a Board of Excise, in and for the Metropolitan District of the State of New York, excepting and excluding the County of Westchester, and from and after the passage of this act, they alone shall possess the powers and perform the duties of Commissioners of Excise within said Metropolitan Police District, excepting said County of Westchester. They shall receive no compensation for their services as such Board of Excise.* SEC. 2. There shall, in the said Metropolitan Police District, be an officer called and known by the title of "Inspector of Excise," who, under the Board of Excise, shall be charged with the performance of such of the duties herein imposed upon them as they can and shall delegate to him. The Board of Excise shall have power to appoint and remove such officer, and to pay him out of the moneys to be received by * Amended, Laws of 1867, Chapter 956, Section 16. them, as hereinafter provided, such salary as they shall deem proper, not exceeding two thousand dollars a year. SEC. 3. From and after the first day of May, 1866, no person or persons shall, within the said Metropolitan Police District, exclusive of the County of Westchester, publicly keep, or sell, give away or dispose of, any strong or spirituous liquors, wines, ale or beer, in quantities less than five gallons at a time, unless as he or they may be licensed, pursuant to the provisions of this act, and may be permitted by it. SEC. 4. The said Board of Excise shall, subject to the further provisions hereof, have power to grant licenses to any person or persons of good moral character, and who shall be approved by them, permitting him and them for one year from the time the same shall be granted to sell and dispose of, at any one named place within said Metropolitan Police District, exclusive of the County of Westchester, strong and spirituous liquors, wine, ale and beer, in quantities less than five gallons at a time, upon receiving a license fee, to be fixed in their discretion, and which shall not be less than thirty nor more than two hundred and fifty dollars. SEO. 5. Such licenses shall be in the form of a written or printed certificate, stating the name of the person or persons, and the place licensed; shall be signed as the said Board of Excise shall provide and direct; shall be kept posted, by the person or persons licensed, in a conspicuous position in the room or place where his or their sales are made, and shall be exhibited at all times by the person or persons so licensed, and by all persons acting under such licenses, on demand, to every sheriff, constable or officer or member of police: any omission so to display and exhibit such certificate shall be presumptive evidence that any person or persons so omitting to display and exhibit the same has and have no licenses. SEC. 6. Such licenses shall only be granted on written application to the said Board, signed by the applicant or applicants, specifying the place for which license is asked, and the name or names of the applicant or applicants, and of every person interested or to be interested in the business to authorize which the license shall be used. SEC. 7. Persons not licensed may, within the said Metropolitan Police District, exclusive of the County of Westchester, keep, and in quantities not less than five gallons at a time, sell and dispose of strong and spirituous liquors, wines, ale and beer, provided that no part thereof shall be drunk or used in the building, or in any building, yard, garden or enclosure communicating with, or in any public street or place contiguous to the building in which the same shall be kept, sold or disposed of. SEC. 8. Licenses granted as above shall not authorize any person or persons to, nor shall any person or persons publicly keep, sell, give away or dispose of any strong or spirituous liquors, wines, ale or beer, on Sunday, or on any day upon which a general or special election or town meeting shall be held, within one-quarter of a mile from the place where the same shall be held. SEC. 9. The said Board of Excise shall keep a complete record of the names of all persons licensed as herein above provided, with a statement of the place licensed and license fee imposed and paid in each case, which record they shall at all times permit to be seen in a convenient place at their principal headquarters in the City of New York. SEC. 10. Persons licensed as herein provided shall prevent, so far as is in their power, and shall at all events give immediate notice to the nearest sheriff, constable, officer, or member of police, of all and every disturbance, disorder, or breach of the peace in any place which shall be so licensed, and shall forthwith cause all persons to be removed therefrom, and the place to be closed, and kept closed until quiet is restored. SEC. 11. No person shall sell, give or dispose of any strong or spirituous liquors, wines, ale or beer, to any apprentice or person under eighteen years of age, knowing or having reason to believe him to be such, without the consent, in the case of an apprentice, of his master or mistress, and in the case of a person under eighteen years of age, of his father, mother or guardian. SEC. 12. No person shall sell, give, or dispose of, and no person, licensed as herein provided, shall suffer any person for, under, or employed by him, to sell, give or dispose of any |