Papers Of Abraham Lincoln

In force, Mar.[March] 2, 1839.

AN ACT regulating Tavern and Grocery license.
1

Laws repealed.

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all laws and parts of laws, authorizing county commissioners’ courts to grant licenses to keep tavern, be, and the same are hereby, repealed.

Conditions of license.

Bond and penalty.

Sec. 2. County commissioners’ courts may grant licenses to keep groceries, upon the following conditions, to wit: First, the applicant shall pay into the county treasury, for the privilege granted, a sum not exceeding three hundred dollars nor less than twenty-five dollars, in the discretion of the court; Second, the applicant shall execute bond, in the penalty of five hundred dollars, with one or more securities, to be approved by the court, conditioned that the applicant will keep an

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orderly house, and that he will not permit any unlawful gaming or riotous conduct in his house.

Court may grant or reject.

Sec.[Section] 3. Upon applications for licenses to keep groceries, the court may reject or grant the same in their discretion.

May be revoked.

Sec. 4. County commissioners’ courts shall have power, upon complaint being made to them, to revoke any license granted to keep a grocery, whenever they may be satisfied that the privileges granted have been abused, or that the person to whom the license was granted has violated the law.

Extent of license.

Sec. 5. Licenses granted to keep groceries shall not authorize the person obtaining the license, to vend or sell spiritous or vinous liquors in more than one place or house, and every license shall describe the house and place intended to be occupied.

What grocery deemed to be.

Sec. 6. A grocery shall be deemed to include all houses and places where spirituous or vinous liquours are retailed by less quantities than one gallon.

Power of trustees of towns.

Sec. 7. The president and trustees of incorporated towns shall have the exclusive privilege of granting licenses to groceries within their incorporated limits: and all sums of money, which may be received for licenses granted as aforesaid, shall be paid into the county treasury.

On petition, not lawful to grant license.

Petition for granting license.

Sec. 8. If a majority of the legal voters in any county, justice’s district, incorporated town, or ward in any city, shall petition the county commissioners’ court, or other authority authorized to grant licenses, desiring that spirituous liquors shall not be retailed within the bounds of said county, justice’s district, incorporated town, or ward of any city, then, and in that case, it shall not be lawful to grant any grocery license in said county, justice’s district, incorporated town, or ward, until a majority of the legal voters in said county, incorporated town, justice’s district, or ward, shall in like manner petition for the granting of said licenses.

Approved, March 2, 1839.

1On January 5, 1839, Archer G. Herndon introduced SB 61 in the Senate. On January 31, following the addition of sundry amendments by two separate select committees, the Senate passed the bill by a vote of 21 yeas to 18 nays, and referred it to the House. On February 27, following the addition of several sundry amendments by a select committee, as well as several failed attempts by individual members to add amendments, the House passed the bill, and referred it back to the Senate. On March 1, the Senate rejected the House amendments. On March 2, the House agreed to recede from its amendments. On the same day, the Council of Revision approved the bill, and the act became law.
Journal of the House of Representatives, at the First Session of the Tenth General Assembly, of the State of Illinois (Vandalia, IL: William Waters, 1836), 318, 341, 432, 535-36, 581, 591; Journal of the Senate, at the First Session of the Tenth General Assembly, of the State of Illinois (Vandalia, IL: William Waters, 1836), 136, 157, 196, 224, 248, 254, 442, 471, 483, 505-06, 510, 512.