14 her nce.ja ed An Act to consolidate and amend the (Assented to April 26th, 1918.) E IT ENACTED by the Lieutenant Governor and Legislative Assembly of the Province of Prince Edward Island as follows: SHORT TITLE 1. This Act may be cited as The Prohibition Act. Title. INTERPRETATION 2. In this Act unless the context otherwise re- Interpretation. quires, the expression : (a) "Liquor" or "Liquors," unless otherwise expressed shall mean and include, alcohol and every spirituous and every fermented and every malt liquor and every wine and any and every combination of liquors and drinks or preparations or mixtures capable of human consumption which is intoxicating and any mixed liquor or liquid capable of being used as a beverage and part of which is spirituous or otherwise intoxicating; and all malt beer of what nature or kind soever without regard to the proportion of alcohol it contains; and the following drinkable liquids shall be held to be intoxicating liquors in all proceedings under this Act without proof that the same contain alcohol, namely, rum, brandy, whisky, gin, wine, ale, porter, lager beer. Any drinkable liquid which contains more than two and one-half per cent. by volume of proof 1919 117 spirits shall be conclusively deemed to be intoxicating. Unfermented grape juice shall not be considered intoxicating. (b) "Person" or "Persons" shall mean and include any person or persons, male or female, corporation, company, club or society. (c) "Board," "Board of Commissioners" or "Commissioners" shall mean the Board of Commissioners appointed under "The Prohibition Commission Act" or under this Act. (d) "Chairman of Board," "Secretary of the Board," shall mean respectively the Chairman and the Secretary of the Board of Commissioners appointed under "The Prohibition Commission Act," or under this Act. (e) "County Court" shall include a Judge of the County Court sitting in Chambers either in term or vacation. Court. Court. (f) "Judge" shall mean Judge of the County (g) "Clerk" shan mean a clerk of the County (h) "Stipendiary Magistrate" shall mean and include the Stipendiary Magistrate for any incorporated city or town, the Magistrate for any incorperated town and any person authorized by law to perform the duties of such Stipendiary Magistrate or Magistrate in case of his illness or absence. (i) "Justice" shall mean a Justice of the Peace in and for the County. (j) "County" shall mean County or part of a County. (k) "Wholesale Vendor" shall mean a person or firm authorized by license from the Board of Commissioners to import and sell, subject to the provisions of this Act, in the warehouse or store defined in such license, alcohol and other liquors to such persons as are entitled to purchase the same. (1) "Retail Vendor" shall mean a person or firm authorized by license from the Board of Commissioners to purchase from a wholesale vendor and to sell, subject to the provisions of this Act, in the warehouse or store defined in such license, alcohol and other liquors to such persons as are entitled to purchase the same. (m) "Chief Inspector" shall mean the chicf inspector appointed under this Act. (n) "Local Inspector" shall mean and include every person having the authority of or acting. under the chief inspector. (o) "Inspector" shall mean a chief inspector as well as a local inspector. (p) "Druggist" shall mean a duly qualified and registered pharmaceutical chemist or druggist. (q) "Package" means a bottle, jug, jar, keg, cask, barrel box, case, or other receptacle used for holding liquor. a (r) "Church Goods' Agent" shall mean person duly appointed and designated by the proper ecclesiastical authority within the Province of any denomination and authorized under this Act by license from the Board of Commisisoners to import, keep and sell wine for exclusively sacramental purposes for such denomination. LICENSES 3. Vendors' licenses may be issued by the Board Licenses of Commissioners to be signed by the Chairman and countersigned by the Secretary of the Board in the License restricted. License optional. License infraction. License fee. License personal. Disqualified persons. forms Nos. I and 2 in Schedule "A" of this Act. Such licenses shall be subject to the provisions of this Act. and shall continue in force to and inclusive of the 30th day of April next following the date thereof. 4. Every license for the sale of liquor shall be held to be a license only to the person therein named and 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. 5. (1) The granting or refusing of a license shall be absolutely in the discretion of the Board and the Board may at any time cancel a license for any cause which it deems sufficient. (2) All permits, the issue of which is authorized by this Act, may be issued by the Board. 6. Every wholesale vendor and every retail vendor and every clerk, servant or agent of such vendor who sells liquor in any other place or at any other time or in any other quantity or who sells liquor otherwise than as authorized by the license and by this Act, shall be guilty of an infraction of Section 51. 7. Every vendor's license shall be subject to the payment of such license fee as may be prescribed by the Lieutenant Governor in Council. 8. A vendor's license shall not be granted to an incorporated company, nor to any partnership. DISQUALIFIED PERSONS 9. If an applicant for a wholesole vendor's or retail vendor's license has at any time been refused a license on the ground that he is not a fit person to hold a license, no application by such applicant shall be entertained within a period of three years from the last of such refusals and no application by any person for a license shall be entertained 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. 10. No license shall be granted to any person Disqualificadeclared by this Act to be a disqualified person during tion voids the continuance of such disqualification and any license issued to a person so disqualified shall be void; and, if any wholesale or retail vendor 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. have no in license. 11. No license shall be granted under the pro- Inspector shall visions of this Act to or for the benefit, directly or terest in indirectly, of any person who is an inspector, and no license shall be granted in respect of premises the owner or part owner, directly or indirectly, of which is an inspector and no license shall be granted in respect of premises of which any inspector is the mortgagee or agent for the collection of rents 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. APPLICATION FOR VENDOR'S LICENSE 12. No wholesale or retail vendor's license shall Application be granted to any person unless : (a) He has filed his application therefor with the affidavits and bond hereinafter mentioned with the Secretary of the Board of Commissioners on or for license. |