Page:Revised Codes of the State of North Dakota 1895.pdf/1374

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§§ 7597-7599
PENAL CODE.
Prohibition.

his employees, showing the name and residence of the purchaser, the kind and quantity of the liquors sold, the purpose for which it was sold, and the date of the sale. Such record and affidavit shall be open for the inspection of the public at all reasonable times during business hours, and any person, so desiring may take memoranda or copies thereof.

§ 7597. False affidavit. Other violations. Penalties. Any druggist or pharmacist, or assistant pharmacist in his employ, who shall fail or neglect to make and keep a record as herein provided of any intoxicating liquors by him sold before the same are delivered, or shall refuse any person an examination of such records or the taking of memoranda or copy therefrom at any time during business hours; or who shall sell, barter or give away any such liquors at any place not designated in his permit, or upon any affidavit other than those herein provided; or shall make any false affidavit as to any sales made by him or his employees, or shall fail to sign the certificate to the signature of any applicant for such liquor prior to the delivery thereof, or shall sign any false certificate to any such affidavit, or shall mutilate or remove any affidavits from the book to him issued as aforesaid; or shall fail to return the same as hereinbefore provided; or shall sell any intoxicating liquor to any person whom her has reason to believe desires the same to use as a beverage, or sell liquor when he has reason to believe the liquor sold is not a remedy for the ailment described in the affidavit therefor; or shall sell, barter or give away any intoxicating liquors to any minor, any person under the influence of liquor or who is in the habit of becoming intoxicated, or who shall allow such liquor sold as a medicine or otherwise, to be drunk on his premises, or premises under his control; or in any other manner omit any act required of him herein, or violate any of the provisions of this chapter, shall be guilty of a misdemeanor. and upon conviction thereof shall be fined not less than two hundred nor more than one thousand dollars, and be imprisoned in the county jail not less than ninety days nor more than one year, and shall forfeit his permit issued under the provisions of this chapter, and his right to obtain a permit within five years next thereafter; and in all cases when forfeitures are provided under the provisions of this chapter, the court shall declare the same on rendering judgment in the action.

§ 7598. Intoxicating liquors defined. All spirituous, malts, vinous, fermented, or other intoxicating liquors or mixtures thereof, by whatever name called, that will produce intoxication, or any liquors or liquids which are made, sold or offered for sale as a beverage and which shall contain coculus indicus, copperas, opium. cayenne pepper. picric acid, Indian hemp. strychnine, tobacco, darnal seed extract of logwood. salts of zinc. copper or lead, alum or any of its compounds, methyl alcohol or its derivations, amyl alcohol or any extract or compound of any of the above ingredients, shall be considered and held to be intoxicating liquors within the meaning of this chapter: provided, that fermented and alcoholic liquors and mixtures thereof shall not be deemed intoxicating if they contain less than two per per cent of alcohol by volume.

§ 7599. Life of permit to sell liquors. A permit to sell intoxicating liquor under this chapter shall continue in force until the same is revoked for cause, unless sooner forfeited under the provisions of this chapter: provided, however, that if at any time the number of freeholders and reputable women who signed the petition of the1310