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Be it enacted by the People of the state of Illinois, represented in the General Assembly:
Section 1. No person shall be a retailer or seller of wine, brandy, rum, whiskey
or other spirituous liquors, or of any mixed liquor part of which is spirituous, in
a less quantity than one gallon ^quart^, and that delivered and carried away all at one time, unless he is first licensed
to keep a tavern as is or may be provided by law, under a penalty of not less than
ten dollars nor more than one hundred dollars.
Sec. 2. The County Commissioners Court in the several Counties of this State, at the March term of said court may license as many persons to be tavern keepers in their respective counties as
they shall think the public good may require; But the County Commissioners Court shall not license any person to be a tavern keeper in any incorporated town or City
of this State.
Sec 3 The President and Trustees of any incorporated town in this State may license as many persons to be tavern keepers, in their respective towns as they
may think the public good may require
Sec. 4. The County Commissioners, or the President and Trustees of any town, shall,
before the granting of any license, demand and receive of, and from, the person obtaining
the same, any sum of money not less than fifty dollars nor more than three hundred
dollars, as to them may seem reasonable and proper, which sum so received shall be
paid to the Treasurer of the County
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for the use of the County: And the said applicant, so licensed, shall also pay to
the clerk of the court or Board granting the license, one dollar.
Sec. 5. No license shall be granted to any person to keep a tavern, unless the court
or Board granting the same, shall be Satisfied from testimony to be produced before
them, that the person so applying for license, is provided with sufficient meat and
provisions, and comfortable lodgings for at least four persons over and above his
own family, and stabling and provender for their horses; and the person so applying
shall make affidavit that he intends to continue thus provided during the time for
which he shall retain his license
Sec. 6. No license shall be construed to authorise any person obtaining the same, to retail wine, brandy, rum, whiskey or other spirituous
or mixed liquors, by a less quantity than one gallon, in any other house than the
one in which the said tavern keeper shall retail any wine, brandy, rum, whiskey or
other spirituous or mixed liquors, in a less quantity that one gallon ^quart^ in any other house or place than the house in which he may be so provided to entertain
travellers, he shall be liable to all the penalties imposed, or that may be imposed, on persons
retailing wine, brandy, rum, whiskey or other spirituous or mixed liquors without
license.
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Sec. 7. No license shall be granted to any person to keep a tavern, unless the person
applying therefor, shall produce to the Court or Board of Trustees, at the time of
such application, a written request signed by at least twenty householders of the
vicinity or town where said tavern is about to be established, that they desire tavern license to be granted to such applicant.
Sec 8. No license shall be granted unless the persons requiring the same shall, first,
give bond to the Governor of the State of Illinois, with good security, for the use of the county where the license is granted, in any
sum not exceeding five hundred dollars, to be approved by the court or Board granting
the license, that he, she or they obtaining such license, shall at all times be of
good behaviour and keep an orderly house, and observe all the laws and ordinances, which are or
shall be made or be in force, relating to tavern keepers in this State.
Sec: 9. In case the County Commissioners or Board of Trustees shall consider that the bond given as required in the foregoing
section has been broken and its conditions violated by any person who shall have given
such bond in their counties or incorporated towns, it shall be their duty to put the
same in suit; and suits may be maintained on said bonds in an action of debt or covenant,
and the jury may assess such damages for the breach of said bond, as to them shall
seem proper, so that the same
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does not exceed the amount set forth in the bond.
Sec. 10. If any licensed tavern keeper shall be convicted of keeping a disorderly house
as is provided in the one hundred and twenty fifth section of the criminal code, it
shall be the duty of the Court to add to the sentence provided in said section, that
his, her, or their license shall be revoked: And in all cases of judgment under the
provisions of the preceeding section for breach of the bond required of tavern keepers, the Court may add to the
judgment that the license of the tavern keeper shall be revoked
Sec. 11. Any person, who shall retail any wine, brandy, rum, whiskey or other spirituous
or mixed liquors by a less quantity than one gallon ^quart^ without having obtained a license as provided by law, shall forfeit and pay for each
such offence the sum of ten dollars, to be recovered before any justice of the peace,
or Probate Justice of the peace, subject to any appeal to the circuit court, as in other cases of appeal from said officers.
Sec 12. All licenses, granted or to be granted after this act takes effect, shall expire
on the first monday of March next then ensuing.
Sec 13. At any meeting of the County Commissioners Court, tavern licenses may be granted which will extend to the first monday in March thereafter; But no license shall be granted in vacation by the County Commissioners;
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And all licenses in incorporated towns Shall be granted during the Sessions of the
Board and not in vacation; and all licenses granted by them shall not continue longer
than to the first monday of March thereafter
Sec. 14. No person shall be compelled or required to obtain a license to keep a tavern,
inn or boarding house, unless he, she or they intend to retail wine, gin, brandy,
rum, whiskey or other spirituous or mixed liquors by a less quantity than one gallon ^quart^.
Sec 15. The fourth Section of “an act to prevent the selling of Spirituous liquors in
this State and for other purposes” approved February 14th 1823; and all of an act entitled “an act to license and regulate Taverns” approved
February 17th 1819, except the Sixth, Seventh, eighth and ninth Sections thereof, shall not be
in force from and after the time when this act shall go into force and operation
Sec 16. This act Shall take effect and be in force from and after the first day of September
next.2
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01/26/[1839]
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Jan. 26th
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5
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23
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A Bill for an act to regulate the license of ^granting^ of Taverns. licenses.
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[01]/[26]/[1839]
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2
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[01]/[26]/[1839]
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read ^twice^ laid on table & 150 copies ordered to be printed
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[02]/[19]/[1839]
[02]/[19]/[1839]
Com Judiciary
1John J. Hardin of the Committee on the Judiciary, to which the House of Representatives had referred numerous petitions of citizens requesting repeal of laws authorizing
the retail sale of alcoholic beverages, introduced HB 214 in the House on January
25, 1839. The House tabled the bill and ordered printed 150 copies. On February 18,
the House took up the bill, referring it to the Committee of the Whole and making
it the special order of the evening session. The Committee of the Whole reported
back the bill with an amendment, which the House referred, along with the bill, to
the Committee on the Judiciary. The Committee on the Judiciary reported back the
bill with a substitute for the Committee of the Whole’s amendments. The House amended the substitute by
striking out “one gallon,” and inserting “one quart” wherever it appeared. The House
adopted the Committee on the Judiciary’s amendments as amended. On February 26, the
House failed to adopt an amendment to the fourth section by a vote of 45 yeas to 28
nays, with Abraham Lincoln voting yea, House rules requiring a two-third majority for adoption. The House
vote on the bill’s passage was 39 yeas to 39 nays, with Lincoln voting nay. The
number of yea and nay votes being the same, by House rule the bill was lost.
Journal of the House of Representatives of the Eleventh General Assembly of the State
of Illinois, at Their First Session, Begun and Held in the Town of Vandalia, December
3, 1838 (Vandalia,IL: William Walters, 1838), 287, 433, 434, 505-06, 522, 527-28.
2On February 25, 1839, the House of Representatives amended the bill by striking out “one gallon,” and inserting “one quart” wherever
it appeared.
Journal of the House of Representatives of the Eleventh General Assembly of the State
of Illinois, at Their First Session, Begun and Held in the Town of Vandalia, December
3, 1838 (Vandalia,IL: William Walters, 1838), 506.
Handwritten Document, 8 page(s), Folder 167, HB 214, GA Session 11-1, Illinois State Archives (Springfield, IL)