SEC. 1. 2. For what a state license is neces- 10. How state license obtained. 18. Powers of municipal authorities not to be impaired. 40. Time for which license is to be granted. 44. License to maintain an automobile; how granted; duty of assessor to report all automobiles listed by him to the auditor; at what time. 62. Amount and rate of tax on real 77. Wholesale license for porter, ale, 87. Retail license tax. Wholesale license tax on spirit- 88a. Wholesale and retail license tax 886. License tax to sell spirituous drinks on dining cars, buffet cars and cafe cars; license, how granted. 92. License tax on wholesale and retail liquor dealers combined. 100. On junk dealers. 117. On theatres, opera houses, etc. sold; duties of person making application and duties of county clerk; rate of assessment; penalty for violation; chartered social clubs after paying tax shall be entitled to, etc., duties of president and secretary as to affidavit to be filed; if club operates only portion of year. 140. Telegraph, telephone ог express companies; domestic and foreign; to make returns to auditor; except, etc., what returns to show; when made; rate of license tax to be paid; failure to pay; certain provisions not applicable to foreign companies. to 146. (2) To what fund taxes credited. (3) Inconsistent acts repealed. Be it enacted by the Legislature of West Virginia: I. That sections one, two, ten, twelve, eighteen, forty, forty-four, sixty-two, sixty-six, seventy-four, seventy-seven, eighty-six, eightyseven, eighty-eight, ninety-two, one hundred, one hundred and three, one hundred and seven, one hundred and nine, one hundred and thirteen, one hundred and fifteen, one hundred and seventeen, one hundred and twenty of chapter thirty-two of the code of West Virginia, as last amended and re-enacted by chapter thirty-six of the acts of the legislature of one thousand nine hundred and five, be amended and re-enacted and that sections eighty-eight-a, eighty-eight-b, one hundred and twenty-a, one hundred and forty, one hundred and forty-one, one hundred and forty-two, one hundred and forty-three, one hundred and forty-four, one hundred and forty-five and one hundred and forty-six be added thereto and enacted so as to read as follows: Sec. 1. No person without a state license therefor shall (b) furnish intoxicating drinks or refreshments at a public theater; or (c) sell or offer or expose for sale, solicit or receive orders for spirituous liquors, wine, porter, ale, or beer, or any drink of a like nature; or (d) carry on the business of a distiller or brewer of whiskey, brandy, beer, porter, or ale; or (f) carry on the business of a druggist; or (g) keep for public use or resort a bowling alley, billiard table, pool table, bagatelle table or any table of like kind; or (h) run or operate on any railroad in this state any dining car buffet car, cafe car or other car upon which spirituous, vinous or malt liquors are sold or exposed for sale. All mixtures, preparations or liquids which will produce intoxication, whether they are patented or not, shall be deemed spirituous liquors within the meaning of this section except the manufacture or sale or offering or exposing for sale of absinthe or any drink compound with absinthe is forever prohibited in this state and a license to sell intoxicating or other drink in this state shall be construed and held not to include absinthe or any drink componud therewith; any violation of this provision shall be deemed and held to be a sale of intoxicating liquors without a state license therefor and shall be punishable as such. Sec. 2. No person without a state license therefor shall (a) exhibit any circus, menagerie, circus and menagerie combined, theatrical performances, street or other carnival or public show, to which admission is obtained for money or reward, except for the benefit or under the auspices of a volunteer fire department; or (b) run or operate for profit a merry-go-round or roller coaster or scenic railway or like device; or keep for public use or resort a shooting gallery or skating rink; or (c) act as a hawker or peddler; or (d) act as an auctioneer; or (e) practice the business of real estate agent, stock broker, merchandise broker or other broker, by buying or selling for others, stocks, securities, or any other property, for a commission or reward; or (f) practice such business by carrying on what is commonly known as a bucket shop, or acting as agent for any person, firm or corporation carrying on such business; or by engaging in transactions for the purchase or sale for others of grain, provisions, stocks, securities, merchandise or other property wherein the parties thereto or the broker intend that such transactions shall be settled according to the public market quotations on any board of trade or exchange, and without a bona fide transaction on such board of trade or exchange, or intend that such transaction may be deemed terminated when such public market quotations shall reach a certain figure, or intend that such property shall be resold before or at the time fixed in such transaction for the delivery of such property and that the difference between the contract price and the market price thereof shall be paid or received without the prior receipt or delivery of such property under the former sale; or (g) practice the business of money broker, private banker, buying or selling uncurrent or depreciated money or funds; or exchanging one kind of money or funds for another, for benefit or reward; or (h) practice the business of a pawn broker by lending money or other things for profit, for or on account of personal property deposited with the lender in pledge; or (i) sell, or barter or offer or expose for sale or barter any patent right; or (j) sell, offer or expose for sale to merchants trading stamps, premium stamps or certificates of like nature or character, or undertake with merchants to redeem such stamps or certificates in money or goods; or (k) being a traveling agent, canvasser or salesman, sell or contract to sell any lightning rods, sewing machine, stove or range, organ or other musical instrument, or books, maps, prints, pamphlets or periodicals, except such books, pamphlets and periodicals that be of a religious or ethical nature, whether manufactured within or without the state; or (1) sell, offer or expose for sale, solicit or receive orders for manufactured tobacco, snuff, cigars, cigarettes, or any other preparation of tobacco, or cigarette paper or wrappers, at retail; or (m) carry on the business of a junk dealer, or act as agent, solicitor, canvasser or salesman for any junk dealer; or (n) sell pistols, revolvers, dirks, slung-shots, billies, bowie knives, metallic or other false knuckles or weapons of like kind; or (0) maintain or occupy any house boat, or like structure or vessel, upon or along the bed, banks or shores of any navigable stream; or (p) maintain any slot machine. or other automatic device which, for the same profit or reward in each case and without any violation of law, furnishes music, or exhibits pictures, or provides facilities for weighing, or supplies any merchandise or other thing, or renders any service, except that no license in any case be required to maintain any machine actually delivering merchandise therefrom, automatically, where such machine is kept within the merchant's place of business; but no slot machine or automatic device with respect to which, or its operation, services or supplies, there is any element of chance (being a gaming table, within the meaning of section one of chapter one hundred and fifty-one of the code), shall be licensed or protected by any license; or (q) maintain or operate an automobile or vehicle of like nature; or (r) being a corporation, heretofore or hereafter chartered under the laws of this state, whether its principal place of business or chief works be within or without the state, do or attempt to do, any business by virtue of its charter of certificate of incorporation; or (s) being a corporation chartered or organized under the laws of any other state or country, hold property or transact business in this state; or (t) being a corporation, hold more than ten thousand acres of land in this state; or (u) solicit, carry on or practice the business of a collection agency or association, whether it be a person, firm or corporation; or (v) keep or maintain a public park, admission to which is obtained for money or other reward; or (w) practice the business of telling or pretending to tell fortunes; or (y) conduct a social club where spirituous liquors, wine, porter, ale, beer, or drinks of like nature are sold, exposed for sale, given away or otherwise disposed of; or (z) carry on the business of a labor agency. Provided, that nothing in this chapter contained, and no license or payment under the provisions hereof, shall be taken to legalize any act which otherwise may be in violation of law, or exempt any person from any penalty prescribed for such violation. Sec. 10. The state license mentioned in the first section shall be issued only when authorized by the county court of the county, except as herein otherwise provided, and except, further, that where the act, occupation or business for which such state license is necessary is to be done or carried on in an incorporated city, village or town, lawfully incorporated and its records kept in due . form, the license shall be issued only when authorized under the charter of said city, village or town, by the council or license court thereof, as well as by the county court; provided, that no license shall be issued for the sale of intoxicating liquors within two miles of the limits of any incorporated city, town or village in the county without the consent of the council thereof first be obtained unless the same be in another incorporated city, town or village in which there is no such license. No license shall be granted to any corporation, either domestic or foreign, doing business in this state, for the privilege of selling or offering or exposing for sale, soliciting or receiving orders for spirituous liquors, wine, porter, ale, or beer, or any drink of like nature, at retail; or for the privilege of carrying on the business of a druggist. Sec. 12. If the applicant desires such license for any of the purposes mentioned in paragraphs b, c or e of the first section he shall file a petition with the clerk of the county court of the proper county at least thirty days before the session of said court at which the same may be heard, and shall at the same time pay said clerk ten dollars for expenses connected therewith; said clerk shall cause to be published once in each week for four successive weeks in two newspapers of opposite politics (if there be such) of general circulation in the county wherein such license is desired, designated by said court, a list containing the names of all such applicants, their respective residences and the places for which application is made; the first publication shall not be less than twentytwo nor more than thirty days before the first day of the term of said court at which said petition may be heard; said petition shall show: |
