Chap. 7283 1917 Containing one-half per cent alcohol. Bitters. Imitations. Unlawful sale or furnishing. Residences. Druggists. Domestic wines. Penalty for violation of section one. Munici pality not to license. Fourth And any drinks, liquors or beverages containing one half of one per cent of alcohol or more by volume at 60 degrees Fahrenheit, or any other liquids or liquors manufactured or sold, or otherwise disposed of for bev. erage purposes, containing said amount of one half of one per cent of alcohol or more. Fifth: Any intoxicating bitters or beverages by whatever name called. Sixth: All liquors and beverages or drinks made in imitation of or intended as a substitute for beer, ale, wine or whiskey or other alcoholic or spirituous, vinous, or malt liquors, including those liquors and beverages commonly known and called near beer. Sec. 2. That it shall be unlawful for any person, firm, association of persons, or corporations, in any county or election precinct in this State, where the sale of intoxicating liquors is now or may hereafter be prohibited by laws of this State, to manufacture, sell, offer for sale, keep for sale, barter, furnish at public places, keep on hand at a place of business, or at any social, fraternal or locker club, or otherwise dispose of any of the prohibited liquors and beverages described in Section One of this Act, or any of them in any quantity at any time. Provided, that this inhibition does not include, and nothing in this Act shall effect the social serving of such liquors and beverages in private residences in ordinary social intercourse. Provided, further, that nothing in this Act shall effect the present laws of Florida relating to the rights of druggists to handle alcohol and its compounds. Providing, further, that nothing in this Act shall prohibit the manufacture by any one family of domestic wines for family use in quantities not exceeding five gallons in any one year. Sec. 3. That any violation of any provision of Section One of this Act shall be punished by a fine of not more than Five Hundred Dollars or by imprisonment in the county jail for not more than six months, or both such fine and imprisonment within the discretion of the Court. Sec. 4. That from and after the taking effect of this Act, it shall not be lawful for any county that has voted against this sale of intoxicating liquors nor any municipality therein to license the sale, dealing in, or furnishing any of the said prohibited liquors or beverages, including imitations or substitutes therefor. Chap. 7283 1917 Sec. 5. That it shall be unlawful for any person, corporation, firm, or association of persons in any county or election precinct in this State that has voted against the Unlawful sale of intoxicating liquors, directly or indirectly to keep drinking or maintain or in any manner to aid or abet in keeping or maintaining any of the following places, which are hereby declared to be unlawful drinking places and common nuisances. places. places. First: Any place or resort where the liquors or bev- Drinking erages mentioned in Section One of this Act, or any of them, are kept to be drunk upon or about the premises, by persons resorting there for that purpose. Second: Any club, room or other places in which are received or kept for the purpose of barter or sale, or use, or gift as a beverage, or for distribution or division among or to be furnished to or used by members of any club or association of persons, by any means whatever, the prohibited liquors and beverages, or any of them referred to in Section One of this Act. Third: Any club room, or room for or of any association of persons in which said liquors or beverages, or any of them, are kept or stored for the purpose of being drunk or consumed by the members of such club or other association of persons, or their guests or others on the premises, or at, or near the place where such liquors or beverages, or any of them, are kept or stored. Fourth: Any place adjacent to or near the,premises of any club, corporation or association, or other combination of persons, to which members or their guests, or others by permission of members, resort for the purpose of drinking said liquors and beverages, or any of them, that are kept at or near such places. Any of the places herein designated if kept and maintained shall be and constitute an unlawful drinking place, and the act of keeping and maintaining any such room or place shall be deemed a separate offense for each day that it continues. Sec. 6. Any place or room kept or maintained in violation of the provisions of this Section shall be deemed to be a common nuisance and may be abated by writ of injunction issued out of the Circuit Court upon a bill filed by the Attorney General of the State, Attorney of the Circuit, or by the County Prosecuting Attorney, or by any citizen or citizens of such county; such bill to be Club rooms for use or sale. Club rooms stored to be consumed by members or guests. Premises adjacent to clubs, etc. Place deemed nuisance. common Chap. 7283 1917 Permit use of premises. Forfeiture of leased premises. Buildings not exclusively used for dwelling. Delivery from place used as common resort. Declared common nuisance. filed in the county in which the nuisance exists. And all rules of evidence and the practice and procedure to proceedings in equity generally in the State may be invoked and applied in any injunction procedure hereunder. Sec. 7. That if any person shall let or suffer any other person, persons, firm or corporation to use any premises which he owns or controls, for the illegal sale, keeping for sale, manufacture, or other unlawful dispositions of the liquors and beverages mentioned in Section One of this Act, or any of them, he shall be guilty of a misdemeanor and shall be fined not more than One Hundred ($100.00) Dollars, or be imprisoned not more than Three (3) Months, or shall be both fined and imprisoned. Sec. 8. That the unlawful manufacture, sale or keeping for sale, or disposition of any of the liquors and beverages mentioned in Section One of this Act, contrary to the law of this State, shall, at the option of the landlord, work a forfeiture of the rights of any lessee or tenant under any lease or contract for rent of the premises where such unlawful act is performed by the lessee or tenant, or by any agent, servant, clerk, or employee of the lessee or tenant with the latter's knowledge or permission. Sec. 9. That the keeping of the liquors or beverages, or any of them, mentioned in Section One of this Act, in any building not exclusively used for a dwelling, shall be prima facie evidence that they are kept for sale, or with intent to dispose of same contrary to law. Sec. 10. That the delivery of such liquors and beverages mentioned in Section One of this Act, or any of them, in any county or election precinct that has or shall hereafter vote against the sale of liquor from any store, shop, warehouse, boat, or other vessel or vehicle of any kind, or from any shanty or tent, or building or place used for the purpose of traffic, or any dwelling house or dependency thereof, if any part of the same is used as a public eating house, grocery store, or other place of common resort, shall be prima facie evidence of a sale or other unlawful disposition. Sec. 11. That the following are hereby declared to be common nuisances, and may be abated as such, upon complaint of the Attorney General, or the State's Attorney of the Circuit, or the County Prosecuting Attorney, or any citizen or citizens of the county: First: Any rooms or structures used for the unlawful manufacture, sale, keeping for sale or other unlawful disposition of the liquors and beverages mentioned in Section One of this Act, or any of them. Chap. 7283 1917 Room or structure. Second: All places of resort where persons are per- Resorts. mitted to resort for the purpose of drinking such liquors or beverages, or any of them, mentioned in Section One of this Act, on or about the premises. houses. Storage, or consign ment Third: Any public eating house where the said liquors Eating and beverages, or any of them, mentioned in Section One of this Act, are sold or served for beverage purposes. Sec. 12. That it shall be unlawful for any person, firm, or association or corporation in any county or election precinct in this State that has, or shall hereafter vote against the sale of liquors, to receive for storage, distribution or on consignment for another, the said liquors and beverages mentioned in Section One of this Act, or any of them, or to have and maintain any warehouse or other place for receiving, storing, or disposition of said liquors for another, and any person violating this Section shall be guilty of a misdemeanor and shall be fined not more than Five Hundred ($500.00) Dollars, or shall be imprisoned not more than One (1) Year, or shall be both fined and imprisoned. When person not excused testifying. Sec. 13. That no person shall be excused from testifying before the Grand Jury, or in any trial in any pros- from ecution for violation of this Act upon any complaint for the enforcement thereof, but no disclosure or discovery made by such person as a witness, shall be used against him in any penal prosecution for, or on account of, the matters disclosed. charge grand Sec. 14. That the Judges of all Courts impaneling Courts to Grand Juries shall give in charge to said Grand Jury the Anti-Liquor Laws of this State, and those enacted for the purpose of promoting temperance and suppressing the evils of intemperance, and he shall instruct them to investigate and return indictments against all persons guilty of violating said laws or any provisions of them. Sec. 15. That no clerk, servant, agent or employee of any person accused of a violation of the laws to promote temperance and to suppress the evils of intemperance, or the unlawful sale or other disposition of the liquors and beverages mentioned in Section One of this Act, or any of them, shall be excused from testifying against this Employes not testifying. excused from etc. Chap. 7283 1917 Rule of evidence as Same rule as to abatement liquor nuisance. Property rights in containers. principal, for the reason that he may thereby incriminate himself, nor shall any principal be excused from testifying against any clerk, servant, agent or employee in such cases, but no testimony so given by any of said parties shall in any prosecution be used as evidence, directly or indirectly against him. Sec. 16. That in all prosecutions against any person or persons, or any association of persons, firms, clubs, or corporations for violation of the provisions of this Act, it shall be competent for the State to give in evidence the fact that the beverage which the evidence may tend to show the defendant had manufactured, sold, bartered, exchanged, furnished, given away or otherwise disposed of, possessed or possesses the same color, odor, and general appearance, of the liquors and beverages mentioned in Section One of this Act, or any of them, the same shall be prima facie evidence that the liquor or beverages are the same as mentioned in Section One of this Act. The same rule of evidence shall be applicable in all cases for the abatement of liquor nuisances by bills of equity, and in all prosecutions for violations of Statutes of the State for the suppression of the evils of intemperance, when it becomes necessary to determine whether the liquor or beverage is a prohibited liquor or beverage. Sec. 17. That no property rights of any kinds shall beverages and exist in said prohibited liquors and beverages when possessed, to be used for unlawful furnishings of distribution, and in all such cases the liquors and beverages and the vessels and receptacles in which such liquors are contained are hereby declared to be contraband and are to be forfeited to the State when seized and may be ordered and condemned to be destroyed after seizure by order of the Court that has acquired jurisdiction over the same, or order of the Judge or Court after conviction, when such liquors and such property named have been seized for use as evidence. Rule if any portion of Act invalid. Effective. Sec. 18. That if for any reason any Section, Paragraph, Provision, Clause, or Part of this Act, shall be held unconstitutional or invalid, that fact shall not affect or destroy any other Section, Paragraph, Provision, Clause or Part of this Act, that is not in, and of itself invalid, but the remaining portion shall be in force without regard to that so invalidated. Sec. 19. That this Act shall go into effect immediately |