SEC. 8. Permits granted under this act shall be deemed trusts reposed in the recipients thereof, not as a matter of right but of confidence, and may be revoked upon sufficient showing, by Permits may order of the court or judge thereof. Complaint may be presented be revoked." at any time to the District Court, or one of the judges thereof, which shall be in writing and signed and sworn to by three citizens of the county in which the permit was granted, and a copy of such complaint shall, with a notice in writing of the time and place of hearing be served on the accused, five days before the hearing, and if the complaint is sufficient, and the accused appear and deny the same, the court or judge shall proceed with. out delay, unless continued for cause to hear and determine the controversy, but if continued or appealed at the instance of the permit holder, his permit to buy and sell liquors may in the dis. cretion of the court be suspended pending the controversy. The complainant and accused may be heard in person or by counsel or both, and submit such proofs as may be offered by the parties; and if it shall appear upon such hearing, that the accused has in any way abused the trust or so conducted the business under the permit as to acquire notoriety and public repute that liquors are sold by the accused or his employes in violation of law or if it shall appear that any liquor has been sold or dispensed unlawfully or has been unlawfully obtained at said place from the holder of the permit or any employe assisting therein, or that he has in any proceeding, civil or criminal, since receiving his permit, been adjudged guilty of violating any of the provisions of this act or the acts for the suppression of intemperance, the court or judge shall by order revoke and set aside Judge may rethe permit; the papers and order in such case shall be immedi. voke permit. ately returned to and filed by the clerk of the court, if heard by the judge and the order entered of record as if made in court and if in this or any other proceeding, civil or criminal, it shall be adjudged by the court or judge that any registered pharmacist, proprietor or clerk has been guilty of violating this act or the act for the suppression of intemperance and amendments thereto, by unlawfully manufacturing, selling, giving away or unlawfully keeping with intent to sell intoxicating liquors, such adjudication may in the discretion of the Commissioners of Pharmacy work a forfeiture of his certificate of registration, and the Commissioners of Pharmacy shall, upon receipt of a transcript of a judgment or order authenticated by the clerk of the court showing a second and subsequent violation, cancel his registration. It shall be the duty of the clerk to forward to the Commissioners of Pharmacy such transcripts without charge therefor, as soon as practicable after final judgment or order. SEC. 9. Registered pharmacists who show themselves to be fit persons and who comply with all the requirements of this act may be granted permits, and in any township where there is a registered pharmacist conducting a pharmacy and no pharmacist obtains a permit, if found necessary the court may grant a per Permits may be granted to sons not phar discreet per macists. Records and papers to be of court. mit to one discreet person in such township not a pharmacist, but having all other qualifications requisite under this act, upon like notice and proceedings as pertain to permitted pharmacists and subject to the same liabilities, duties, obligations and penalties. SEC. 10. The clerk of the court granting the permit shall kept by clerk preserve as part of the record and files of his office all petitions, bonds and other papers pertaining to the granting or revocation of permits and keep suitable books in which bonds and permits shall be recorded. The books shall be furnished by the county like other public records. Whether said permit be granted or refused the applicant shall pay the costs incurred in the case, and when granted he shall make payment before any permit issue, except the court may tax the cost of any wit nesses summoned by private persons, resisting said application, and the fees for serving such subpoenas to such persons when it is shown that such witnesses were summoned maliciously or without probable cause to believe their evidence material. A fee of one dollar and fifty cents shall be taxed for the filing of the petition and one dollar for entering the order of the court approving bond and granting said application, and witnesses shall be entitled to mileage and per diem as in other cases. And fees for serving notices and subpenas shall be the same as in other cases in the District Court. Certificate of authority to purchase. SEC. 11. When any person holding a permit in full force desires to purchase or procure any intoxicating liquors to be kept and sold under his permit, the county auditor shall upon the written or printed application of the permit holder, signed by him, specifying the kind and quantity of liquors desired by him, issue to such holder under seal of his office a certificate authorizing him to purchase and cause to be transported from the place of purchase to his place of business described in his permit, the kind and quantity of liquors mentioned in such certifi cate. Said certificate shall be dated as of its true date when issued and attached to the way bill accompanying the shipment and when so attached, shall be authority for the common carrier in whose hands it may be, to transport and deliver the package or packages containing the liquors therein described and in packages therein designated according to the direction of Return of cer- the certificate. Upon receipt of the liquors, the certificate shall be returned to the auditor who issued the same and be cancelled, filed and preserved by him in his office. No certificate so issued authorizing the purchase and transportation of any intoxicating liquors shall be used more than once or later than thirty days following its date; and such certificate shall be in the following form, to-wit: tificate. "STATE OF Iowa, County. "I hereby certify that.... who is permit'ed Form of cer under the laws of Iowa to buy and sell intoxicating liquors tificate. in said county of... at is hereby authorized to purchase and ship to provided such liquors are shipped in the following described Witness my hand and the seal of the county this.. of..... 18.. ....day Auditor." purchaser. SEC. 12. Before selling or delivering any intoxicating liquors s atement of to any person a request must be printed or written dated of the use and kind of liquor true date, stating the age, and residence of the signer, for purchased. whom and whose use the liquor is required, the amount and kind required, the actual purpose for which the request is made and for what use desired and his or her true name and residence, and where numbered by street and number if in a city, and that neither the applicant nor the person for whose use requested habitually uses intoxicating liquors as a beverage and the request shall be signed by the applicant by his own true name and signature and attested by the permit holder who receives and fills the request by his own true name and signature in his own handwriting. But the request shall be refused notwithstanding the statement made unless the permit holder has reason to believe said statement to be true, and in no case unless the permit holder filling it personally knows the person Permit holder applying to be of good moral character, reliable and trustwor- must know thy, that he is not a minor, that he is not intoxicated, and that he is not in the habit of using intoxicating liquors as a beverage; or if the applicant is not so personally known to the permit holder before filling the said order or delivering the liquor he shall require identification and the statement of a reliable Identification and trustworthy person of good character and habits known of purchaser. personally to him that the applicant is not a minor and is not in the habit of using intoxicating liquors as a beverage and is worthy of credit as to the truthfulness of the statements in the application and this statement shall be signed by the witness in his own true name and handwriting stating his residence correctly. The requests shall be made upon blanks furnished Blanks furby the County Auditor in packages of one hundred each to the nished by holders of the permits from time to time as the same shall be needed and shall be consecutively numbered by the Auditor. The blanks shall be in two series, one for requests by persons known to the seller and one for requests by unknown appli. cants, identified and vouched for by a known witness both on Blanks must be accounted for. to make one sheet and each request and identification shall when used be attested by the seller and such attestation shall be conclusive evidence against the permit holder that the seller did fill the order and deliver the liquor as stated therein and that the sale was made with knowledge of the habits and character of the purchaser or witness. The blanks aforesaid shall be procured by the County Auditor in uniform cheap books like blank checks at the expense of the County and furnished to the holders of permits by the County Auditor at actual cost and the proceeds be by said Auditor paid into the county treasury, and the date of delivery shall be endorsed by the County Auditor on each book and receipt taken therefor; and preserved in his office. The permit holder shall preserve the applications in the original form and book except the filling of the blanks therein until returned to the County Auditor. When return thereof is made if the book be full the County Auditor shall endorse thereon the date of return and file and preserve the same. If the book is not filled the Auditor shall remove those filled, enclose the same in an envelope and endorse thereon the name of the permit holder, the date of return and number thereof and file and preserve the same and redeliver the book with endorsement of date thereon and statement of the number remaining therein and so on until the book is filled and return thereof made. All unused or mutilated blanks shall be returned or accounted for before other blanks are issued to such permit hold ers. SEC. 13. On or before the tenth day of each month each perPermit holders mit holder shall make full returns to the county auditor of all monthly re- requests filled by him and his clerks during the preceding month turns of sales. and accompany the same with a written or printed oath duly taken and subscribed before the county auditor or notary public, Oath to accom- which shall be in the following form, to wit: "I .... .... being duly sworn on oath state that the requests for liquors herewith returned are all that were received and filled at my pharmacy (or place of business) under my permit during the month of 18.... that pany state ment. I have carefully preserved the same and that they were filled up, signed and attested at the date shown thereon, as provided by law; that said requests were filled by delivering the quantity and kind of liquors required and that no liquors have been sold or dispensed under color of my permit during said month except as shown by the requests herewith returned and that I have faithfully observed and complied with the conditions of my bond and oath taken by me thereon endorsed and with all the laws relating to my duties in the premises." Every permit Books of per- holder shall keep strict account of all liquors purchased or procured by him in a book kept for that purpose which shall be subject at all times to the inspection of the commissioners of pharmacy and the county attorney, any grand juror or peace officer of the county and such book shall show of whom such liquors were purchased or procured, the amount and kind of liquors mit holders. purchased or procured, the date of receipt and amount sold and amount used in compounding medicines tinctures and extracts, amount on hand of each kind for each month, such book shall be produced by the party keeping the same, to be used as evidence on the trial of any prosecution against him or against liquors alleged to have been seized from him or his house, on notice duly served that the same will be required as evidence; and at the same time he returns requests to the county auditor he shall file a statement of such account with such auditor except that the items of sales need not be embraced therein, but the aggregate amount of each kind shall be, and such statement shall be verified before the county Auditor or a notary public. All forms necessary to carry out the provisions of this act not otherwise provided for shall be as may be provided by the Commissioners of Pharmacy. SEC. 14. Every permit holder or his clerk under this act, Penalty of shall be subject to all the penalties, forfeitures and judgments abuse of trusts. and may be prosecuted by all the proceedings and actions, crim. inal and civil, and whether at law or in equity provided for or authorized by the laws now or hereafter in force for any violation of this act, and the act for the suppression of intemper ance and any law regulating the sale of intoxicating liquors and by any or all of such proceedings applicable to complaints against such permit holder; and the permit shall not shield any person who abuses the trust imposed by it or violates the laws aforesaid and in case of conviction in any proceeding civil or criminal all the liquors in possession of the permit holder shall by order of the court be destroyed. On the trial of any action Liquors confisor proceeding against any person for manufacturing selling, cated. giving away or keeping with intent to sell intoxicating liquors in violation of law, or for any failure to comply with the conditions or duties imposed by this act, the requests for liquors and returns made to the Auditor as herein required: the general repute of the accused and his place of business and manner of conducting the same, the quantity and kinds of liquors sold or kept, purchased or disposed of, the purpose for which liquors were obtained by or from him and for which they were used, the character and habits of applicants for liquor and their gen. eral repute as to habits of sobriety or otherwise, shall be com. petent evidence and may be considered so far as applicable to Evidence in the particular case with any other recognized, competent and action against material facts and circumstances bearing on the issues involved in determining the ultimate facts. In any suit, prosecution or proceeding for violations of this act or the acts for the suppression of intemperance, and acts amendatory thereof, the Court may compel the production in evidence of any books or papers required by this act to be kept, and may compel any permit holder, his clerk or any person who has purchased liquors of either of them to appear and give evidence, and the claim that any such testimony or evidence will tend to criminate the person giving such evidence shall not excuse such person or witness seller. |