An Act to Provide for the Revocation, in Proper Cases, of Retail Liquor Dealers' Licenses and to Amend Acts Numbered Eighty-Two, One Hundred and Eighty-Three, Thirteen Hundred and Ninety-Seven, and Eleven Hundred and Eighty-Nine Accordingly

October 5, 1907

ACT NO. 1746

AN ACT TO PROVIDE FOR THE REVOCATION, IN PROPER CASES, OF RETAIL LIQUOR DEALERS' LICENSES AND TO AMEND ACTS NUMBERED EIGHTY-TWO, ONE HUNDRED AND EIGHTY-THREE, THIRTEEN HUNDRED AND NINETY-SEVEN, AND ELEVEN HUNDRED AND EIGHTY-NINE ACCORDINGLY

SECTION 1. Subsection (ii) of section thirty-nine of Act Numbered Eighty-two, as amended, is hereby further amended to read as follows:

"(ii) License and regulate the selling, giving away, or disposing in any manner of any intoxicating, malt, vinous, mixed, or fermented liquors, at retail, in quantities of not more than five gallons, and determine the amount to be paid for such licenses, subject to such limitations of general law as may hereafter be enacted. If after due investigation the Collector of Internal Revenue shall decide that any person licensed under the provisions of this section is abusing his license and privilege to the injury of the public morals or peace or that any place so licensed has been or is conducted in a disorderly or unlawful manner, or is a nuisance, or permitted to be used as a resort for disorderly characters, criminals, or women of ill repute, he may by order summarily revoke such license, subject to appeal to the Governor-General, whose action on the appeal shall be final. Such revocation shall operate to forfeit to the municipality all sums which may have been paid for said license and to prohibit the issuance to the person whose license is so revoked of any other liquor license for a term which may be fixed in said order." CAacTH

SECTION 2. Section seventy of Act Numbered One hundred and eighty-three is hereby amended to read as follows:

"SEC. 70. Liquor licenses granted by Board. — The powers and duties in reference to the granting of liquor licenses and the forfeiting of the same, in the city of Manila, conferred upon the Provost-Marshall-General at the time of the passage of this Act, shall continue to be exercised by the Municipal Board of Manila, hereinbefore created. If after due investigation the Municipal Board shall decide that any person licensed to sell liquors is abusing his license and privilege to the injury of the public morals or peace or that any place so licensed has been or is conducted in a disorderly or unlawful manner, or is a nuisance, or is permitted to be used as a resort for disorderly characters, criminals, or women of ill repute, the Board may by order summarily revoke such license. Such revocation shall operate to forfeit to the city all sums which may have been paid for said license and to prohibit the issuance to the person whose license is so revoked of any other liquor license for a term which may be fixed in said order."

SECTION 3. Subsection (o) of section twenty-nine of Act Numbered Thirteen hundred and ninety-seven is hereby amended to read as follows:

"(o) License and regulate or prohibit the selling, giving away, or disposing in any manner of any intoxicating, malt, vinous, mixed, or fermented liquors, at retail in quantities of not more than five gallons, except native fermented liquors, and determine the amount to be paid for such licenses, subject to such limitations of general law as may hereafter be enacted: PROVIDED, That, if after due investigation the Collector of Internal Revenue shall decide that any person licensed under the provisions of this section is abusing his license and privilege to the injury of the public morals or peace or that any place so licensed has been or is conducted in a disorderly or unlawful manner, or is a nuisance, or is permitted to be used as a resort for disorderly characters, criminals, or women of ill repute, he may by order summarily revoke such license, subject to appeal to the Governor-General, whose action on the appeal shall be final. Such revocation shall operate to forfeit to the township all sums which may have been paid for said license and to prohibit the issuance to the person whose license is so revoked of any other liquor license for a term which may be fixed in said order."

SECTION 4. Section sixty-eight of Act Numbered Eleven hundred and eighty-nine, as amended, is hereby further amended by adding at the end thereof a new paragraph to read as follows:

"13. If after due investigation the Collector of Internal Revenue shall decide that any person licensed under the provisions of subsection four, five, seven, and twelve of this section is abusing his license and privilege to the injury of the public morals or peace, or that any place so licensed has been or is conducted in a disorderly or unlawful manner, or is a nuisance, or is permitted to be used as a resort for disorderly characters, criminals, or women of ill repute, he may by order summarily revoke such license, subject to appeal to the Governor-General, whose action on the appeal shall be final. Such revocation shall operate to forfeit all sums which may have been paid for said license and to prohibit the issuance to the person whose license is so revoked of any other liquor license for a term which may be fixed in said order."

SECTION 5. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.

SECTION 6. This Act shall take effect on its passage.

ENACTED, October 5, 1907.