ness, or permitted a minor to enter or remain in his place of business, or sold such liquor to any habitual drunkard after having been notified in writing not to sell to such habitual drunkard or that such licensee permitted prostitutes or lewd women to enter and remain in his place of business, or permitted any games prohibited by the law to be played. dealt or exhibited in or about his place of business, or of renting or letting his place of business or any part thereof for such purpose or purposes, the license of such person or firm shall by reason of such recovery, be forfeited, revoked and cancelled and the court entering judgment of recovery shall also enter an order declaring forfeited, revoked and cancelled such license, and the unearned portion of the occupation tax paid therefor shall not be refunded, but shall be forfeited to the State and county, city or town to which the money for the same may have been paid. And any person or firm who shall sell any such liquors or medicated bitters in any quantity, to be drunk on the premises, without first giving bond as required by this Act, or who shall sell the same after said license shall have been forfeited, revoked or cancelled, shall be deemed guilty of a misdemeanor, and on conviction shall be fined in the same amount provided for sales where no license has been obtained.

An open house in the meaning of this Chapter is one in which no screens or other device is used or placed inside or outside of such house or place of business for the purpose of or that will obstruct the view through the open door or place of entrance into any such house or place where intoxicating liquors are sold to be drunk on the premises.

A quiet house or place of business in the meaning of this Chapter is one in which no music, loud or boisterous talking, yelling or indecent or vulgar language is allowed, used or practiced, or any other noise calculated to disturb or annoy any person residing or doing business in the vicinity of such house or place of business, or those passing along the streets or public highways.

By an orderly house is meant one in which no prostitutes or lewd women or woman are allowed to enter or remain; and it is further provided that said house must not contain any vulgar or obscene pictures.

Any surety on such bond may relieve himself from further liability thereon by giving the principal in said bond notice in writing that he will no longer remain as surety thereon, and by filing with the county judge an affidavit that such notice has been given, and if within five days after such notice the principal fails to make a new bond he shall cease to pursue said business until a new bond is given. Any person who shall continue to pursue said business after such notice is given and such affidavit is filed shall be guilty of a misdemeanor and shall be punished as provided in cases where no license has been procured; provided, that where the sale was made in good faith, or the minor permitted to enter and remain in good faith, with the belief that the minor was of age, and there is good ground for such belief, that shall be a valid defense to any recovery on such bond; provided, further, that where the sale to an habitual drunkard is made in good faith, with the belief that he is not an habitual drunkard, and there are good grounds for such belief, that shall be a valid defense to any recovery on such bond; provided the provisions of this Act shall apply to suits by the State or of

any individual. Provided, that no license shall be issued under this Act to any person who has been convicted of a felony and served such term of conviction.

SEC. 16. In the event of the death of any licensee under this Act, leaving an unearned portion of any license issued under this Act, the heirs, executors, administrators or legal representatives of such deceased person may present the license of such person to the State and county and receive payment of the unearned portion of such license tax collected by them, respectively.

SEC. 17. The clerk of the county court shall make out a statement of all such licenses granted by him and the amount paid the collector on each for State and county taxes and report the same to the Comptroller of Public Accounts of the State.

SEC. 18. That hereafter when the license issued to any person or firm to engage in the sale of spirituous, vinous or malt liquors or medicated bitters capable of producing intoxication, or malt liquors exclusively, to be drunk on the premises, in the locality other than where local option is in force, has been declared forfeited, by either the county or district court, revoked or cancelled, it shall be the duty of the clerk of the county or district court to immediately certify such forfeiture under the seal of such court to the Comptroller of Public Accounts of the State of Texas, which said certificate shall state the date of such forfeiture, the number and the nature of the cause, and the name and residence of the licensee or defendant, the name of the person and style of the firm, and the names and places of residence of the individual members of any such firm or the name and place of residence of any such person, as the case may be, as shown by the application for license filed by such person or firm in the county court, for which service the clerk shall receive a fee of $1, to be taxed against the defendant or defendants. And it shall be the duty of the Comptroller upon receiving any such certificate to file and record the same in a book to be kept by him for such purpose and he shall likewise record all such forfeitures by him made and thereafter no permit or license shall be issued to any such person or firm or to any member of any such firm to engage in the sale of spirituous, vinous or malt liquors, or medicated bitters capable of producing intoxication, or malt liquors exclusively, within the period of five years from and after the date of entry of such forfeiture.

SEC. 19. Every retail liquor dealer or malt liquor dealer, or other person who shall knowingly sell, give away, deliver or otherwise dispose of, or suffer the same to be done, about his premises, any intoxicating liquor in any quantity to any minor, or who shall have in his employ about his place of business, or who shall permit any minor to enter and loaf or remain in his place of business, shall be guilty of a misdemeanor, and upon conviction therefor shall be punished by a fine of not less than $10 nor more than $200, or by imprisonment in the county jail for not longer than sixty days, or by both such fine and imprisonment.

SEC. 20. Any sale, gift or other disposition of intoxicating liquors knowingly made to any minor, or to any habitual drunkard, or on any Sunday or election day by an agent, clerk or other person acting for any retail liquor dealer or retail malt dealer, or other person, shall be deemed

and taken to be for all purposes of this Act, as the act of such retail liquor dealer or retail malt dealer or other person.

SEC 21. Any person or firm doing business under a retail malt dealer's license in this State who shall sell any spirituous or vinous liquors other than those defined by law as malt liquors, shall upon conviction therefor be punished by a fine of not less than $100 nor more than $300, and by imprisonment in the county jail not less than thirty days nor more than six months, and shall in addition to the punishment herein prescribed, forfeit his license as a retail malt dealer, and the court in which such conviction is had shall cause such forfeiture to be entered in the judgment of conviction, and such reail malt dealer shall thenceforth be deemed to have no license, and the clerk of said court shall certify such forfeiture to the Comptroller of Public Accounts, as elsewhere herein provided.

SEC. 22. No retail liquor dealer's nor retail malt dealer's license shall be issued to any person whose license as either a retail liquor dealer or retail malt dealer has been revoked or forfeited within five years befor the filing of his application for license, or who has had in his employ in his business of retail liquor dealer, or retail malt dealer, any person whose license has been revoked or forfeited within five years next before the filing of such application.

SEC. 23. No license shall be granted to any person as a retail liquor dealer or as a retail malt dealer who shall have carried on any such business after the expiration of his license previously issued and without having received a license for such purpose, or whose license shall have been revoked or forfeited under the provisions of this Act, within five years before the filing of his application for such license. No license. shall be issued to any person to do business as a retail liquor dealer or retail malt dealer in any house or building used for the purpose of prostitution or as a house of assignation, or as a house of ill-fame, or gambling house. If, after a license has been issued to a retail liquor dealer or retail malt dealer, the building in which the same is located shall be used for the above mentioned purposes, or any of them, with the knowledge and consent of such licensee, his license may be revoked, as hereinbefore provided.

SEC. 24. It shall be unlawful for any retail liquor dealer or retail malt dealer to use, exhibit, suffer to be kept, exhibited or used in his place of business any piano, organ, or other musical instrument whatever, for the purpose of performing upon or having the same performed upon in such place, or to permit any sparring, boxing, wrestling or any other exhibition or contest or cock fight in his place, or to set up, keep, use or permit to be kept or used in or about the said premises, or by anv other person, or to run or to be run in connection with such place of business, in any manner or form whatever, any billiard table, pool-table or gaming table, bowling or ten pin alley, cards, dice, dominoes or any other device for gaming or playing any game of chance, or to permit any person to play at, on or with such tables, alleys, cards, dice, dominoes or other device of any kind. Any retail liquor dealer or retail malt dealer violating any of the provisions of this Section shall upon conviction be fined in a sum not less than $25 nor more than $200, or by im

prisonment in the county jail for not longer than thirty days, or both such fine and imprisonment.

SEC. 25. No retail liquor dealer or retail malt dealer shall employ or suffer to be employed, other than a member of his family, any female as a servant, bartender or waitress in his place of business, nor permit on said premises, any dancer, singer or lewd woman, and any person violating the provisions of this Section shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by imprisonment in the county jail for not more than twelve months, or by a fine not exceeding $500, or both such fine and imprisonment.

SEC. 26. It shall be unlawful for any retail liquor dealer or retail malt dealer to sell, give away, or otherwise dispose of, or suffer the same to be done about his premises, any intoxicating liquors to any habitual drunkard after he shall have been notified by the wife, father, mother, brother, sister, child or guardian of such person not to sell, give away or furnish to such person any intoxicating liquors, and any retail liquor dealer or retail malt deafer violating this Section shall be fined not less than $25 nor more than $200, or by imprisonment in the county jail for not exceeding six months, or punished by both such fine and imprisonment.

SEC. 27. This Act, or any of the provisons thereof, shall not be construed to be in conflict with any local option law now or hereafter to be in force in this State, and no license to any retail liquor or retail malt dealer shall be issued or shall be effective at any place where local option law is in force and operation.

SEC. 28. Any license required by this Act shall be posted in some conspicuous place in the house where the business or occupation for which such license is necessary is carried on before engaging in such business or occupation, and any person so licensed who fails to so post the same shall be fined not exceeding $100.00.

SEC. 29. It shall be unlawful for any retail liquor dealer or retail malt dealer to sell or offer for sale any intoxicating liquors at any place where people have assembled for religious worship, or for educational or literary purposes, or in any election precinct on any election day, and any person violating the provisions of this Section shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $50, nor more than $200, or by imprisonment in the county jail for not exceeding six months, or by both such fine and imprisonment.

SEC. 30. The county clerk of any county in this State where intoxicating liquors are sold, having a population of more than 50,000 inhabtants, shall make out a list of all persons then having a license under the provisons of this Act, and shall deliver the same to each grand jury empaneled in such county. Said list shall be arranged in alphabetical order, shall give the names of the persons to whom same were issued, the date of its issue, the date it will expire, stating whether the same is a retail liquor dealer's or retail malt dealer's license, and shall describe where said license was to be used.

SEC. 31. The judges of the district courts in this State shall give this Act in special charge to each grand jury impaneled in their respective districts.

SEC. 32. The county clerk, county judge and other officers shall receive for services rendered in the carrying out of this law such fees as are now allowed by law for similar services.

SEC. 33. In case the license of any retail liquor dealer or retail malt dealer is forfeited under any of the provisions of this Act, nevertheless such licensee shall be authorized to sell or dispose of in bulk any stock of intoxicating liquors he may have on hand at the time such license is forfeited.

SEC. 34. The term "intoxicating liquor," as used in this Act, shall be construed to mean fermented, vinous or spirituous liquors or any composition of which fermented, vinous or spirituous liquors is a part; and all of the provisions of this Act shall be liberally construed as remedial in character.

SEC. 35. All laws and parts of laws in conflict with this Act are hereby expressly repealed. Providing, all of the provisions relating to the sale of intoxicating liquors contained in any special charter granted by the Legislature to any city or town shall not be repealed by this Act. but the same shall be cumulative thereof. Provided that as soon as this law goes into effect all licenses heretofore issued shall immediately cease and determine, but the holders of such licenses shall have until sixty days after this Act takes effect in which to obtain licenses under this Act, said licenses to be dated as of the date this Act takes effect, and the tax collector shall give such licensee credit for the unearned portion of such cancelled license as of the date this Act takes effect; and provided. during said sixty days said licensee shall have the right to pursue his business under and in accordance with the cancelled license and the laws applicable to the same, which for that purpose are hereby kept in force for said sixty days.

SEC. 35a. If, for any reason, any Section or part of this Act shall be held by the courts to be unconstitutional or invalid, then that fact shall not invalidate any other part of this Act, but the same shall be enforced without reference to the parts, if any, which shall be so held to be invalid, unless the entire Act shall be held to be invalid.

SEC. 36. The fact that the present law is defective, and that the calendar is greatly crowded, and the end of the Session is near at hand. creates an emergency and an imperative public necessity for the suspension of the Constitutional rule requiring bills to be read on three sev eral days, and that this Act should be in force from and after its passage, it is therefore hereby so enacted.

Approved April 17, 1909.

Takes effect ninety days after adjournment.