CITY OF CORNING

LOCAL LAW No. 1

A local law to amend sections fifteen and thirty-two of chapter one hundred and forty-two of the laws of nineteen hundred and five, entitled "An act to revise the charter of the city of Corning," to increase the salaries of the mayor and aldermen.

Became a law March 29, 1926, with the approval of the Mayor, no petition protesting. Passed by the local legislative body of the city of Corning.

Be it enacted by the common council of the city of Corning as follows:

Section 1. Section fifteen of chapter one hundred and forty-two of the laws of nineteen hundred and five, entitled "An act to revise the charter of the city of Corning," is hereby amended to read as follows:

§ 15. The mayor shall receive for his services a salary of one thousand dollars ($1,000.00) per annum, payable monthly, and no other fee or reward; and each alderman shall receive for his services a salary of two hundred dollars ($200.00) per annum, payable monthly, and no other fee or reward.

§ 2. All provisions in subdivision six of section thirty-two of chapter one hundred and forty-two of the laws of nineteen hundred and five, entitled "An act to revise the charter of the city of Corning," inconsistent herewith, and every provision of said act and of section twenty-five of the general city law as amended by chapter six hundred and four of the laws of nineteen hundred and twenty-three, inconsistent herewith, are hereby superseded.

§ 3. This act shall take effect immediately, and the salaries provided for herein shall be paid to the present incumbents in office and their successors from and after April one, nineteen hundred and twenty-six

LOCAL LAW No. 2

A local law to amend sections thirty-seven and thirty-two of chapter one hundred and forty-two of the laws of nineteen hundred and five, entitled “An act to revise the charter of the city of Corning," to increase the salary of the city attorney.

Became a law March 29, 1926, with the approval of the Mayor, no petition protesting. Passed by the local legislative body of the city of Corning.

Be it enacted by the common council of the city of Corning as follows:

Section 1. Section thirty-seven of chapter one hundred and fortytwo of the laws of nineteen hundred and five, entitled "An act to revise the charter of the city of Corning" is hereby amended to read as follows:

§ 37. The city attorney shall be the official legal adviser of the mayor, the common council and the boards and other officers of the city. It shall also be the duty of the city attorney to prosecute and defend all actions and proceedings by and against the city, to perform such other professional services relating to the city as the mayor or common council may direct, and such other duties as provided by this act. He shall receive for his services, except in actions and special proceedings in courts of record, a salary of one thousand dollars ($1,000.00) per annum, payable monthly, and for his services in courts of record such other compensation as may be just, and no other fee or reward, except necessary expenses and disbursements incurred by him in behalf of the city under directions of the common council. All costs in litigated cases wherein the city is successful shall belong to the city.

§ 2. All provisions in subdivision six of section thirty-two of chapter one hundred and forty-two of the laws of nineteen hundred and five, entitled "An act to revise the charter of the city of Corning," inconsistent herewith, and every provision of said act and of section twenty-five of the general city law as amended by chapter six hundred and four of the laws of nineteen hundred and twenty-three, inconsistent herewith, are hereby superseded.

§ 3. This act shall take effect immediately and the salary provided for herein shall be paid to the present incumbent in office and his successors from and after April first, nineteen hundred and twenty-six.

CITY OF CORTLAND

LOCAL LAW No. 1*

A local law in relation to intoxicating liquor and to provide for the enforce ment thereof.

Became a law July 15, 1926, with the approval of the Mayor. Passed by the local legislative body of the city of Cortland.

Be it enacted by the common council of the city of Cortland as follows:

Section 1. Definitions. When used in this local law the phrase "intoxicating liquor" shall be construed to include alcohol, brandy, whiskey, rum, gin, beer, ale, porter and wine, and in addition thereto any spirituous, vinous, malt or fermented liquor, liquids and compounds, whether medicated, proprietary, patented or not, and by whatever name called containing one-half of one per centum or more of alcohol by volume which are fit for use for beverage purposes.

The word "city" when used in this local law shall mean the city of Cortland, N. Y.

§ 2. Prohibiting transactions in intoxicating liquor. 1. Any person who barters, transports, imports, exports, delivers, furnishes, manufacturers or sells any intoxicating liquor to be used for beverage purposes, or who barters, transports, imports, exports, delivers, furnishes, manufacturers or sells any intoxicating liquor for non-beverage purposes, unless he shall be the holder of a permit therefor from the proper federal authorities shall be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than six months, or both.

2. Any person who possesses any intoxicating liquor to be used for beverage purposes, or who possesses any intoxicating liquor for non-beverage purposes, unless he shall be the holder of a permit therefor from the proper federal authorities and shall have registered such permit as provided by law, shall be guilty of a misdemeanor punishable upon conviction for the first offense by a fine of not more than fifty dollars and upon conviction for a second offense by a fine of not less than one hundred dollars nor more than five hundred dollars, or imprisonment for not more than ninety days or both, and upon conviction for any subsequent offense by a fine of not less than five hundred dollars or imprisonment for not less than six months, or both.

§ 3. Exceptions; application of local law. Nothing in this local law shall be construed to forbid:

1. The possession of intoxicating liquor in one's private dwelling or abode while the same is occupied by him as a dwelling, pro*Numbered 3 by the city of Cortland.

vided such intoxicating liquor was legally his property before the enactment of this local law and is for use only for the personal consumption of the owner thereof and his family residing in such dwelling and of his bona fide guests when entertained by him therein.

2. The temporary possession by a manufacturer of intoxicating liquor for the purpose of reducing the alcoholic content thereof so that before it is withdrawn from the factory or otherwise disposed of it shall contain less than one-half of one per centum of alcohol by volume, if such manufacturer is the holder of a permit from the proper authorities of the United States and such permit is registered as provided by law.

3. The possession, storage and removal of lawfully acquired liquor for personal consumption by the owner thereof, his family and bona fide guests, where such liquor has been lawfully acquired by such owner. The burden of proof, however, shall be upon the owner in any action concerning the same to prove that such liquor was lawfully acquired, possessed and used.

4. The purchase of sacramental wines by any minister, priest, rabbi, clergyman or officer of a religious society, or the acceptance, manufacture, possession or use in the state of such wines, or the delivery of such wines in the state or the acceptance thereof for delivery. The term "sacramental wines" as used herein, includes and means wines used for or in religious services.

5. The sale by a duly licensed pharmacist of the state of New York or a corporation, association or co-partnership, a member or employe of which is a duly licensed pharmacist of the state of New York and in personal charge of the premises where such liquor is sold upon the prescription of a duly licensed physician of the state of New York provided such pharmacist or corporation, association or co-partnership is duly licensed by the federal government to sell intoxicating liquor upon the prescription of a physician, but this law shall not permit the sale of intoxicating liquor by such licensed pharmacist to any greater extent than permitted by the federal government.

§ 4. No person shall manufacture, purchase for sale, sell or transport any intoxicating liquor within the city without making at the time a permanent record thereof showing in detail the amount and kind of such liquor manufactured, purchased, sold, or transported, together with the names and addresses of the persons to whom sold, in case of sale, and the consignor and consignee in case of transportation. Such record shall at all times be open to inspection as in this local law provided.

§ 5. No person shall advertise, manufacture, sell or possess for sale within the city any utensil, contrivance, machine, preparation, compound, tablet, substance, formula, direction or recipe advertised, designed or intended for use in the unlawful manufacture of intoxicating liquor.

§ 6. No person shall solicit or receive, or knowingly permit his employee to solicit or receive from any person any order for

intoxicating liquor or give any information of how such liquor may be obtained in violation of this local law.

§ 7. No person shall maintain any room, house, building, vehicle, structure or place where intoxicating liquor is manufactured, sold, given away, kept or bartered in violation of this local law, and all intoxicating liquor and property kept and used in maintaining the same is hereby declared to be a common nuisance, and any person who maintains such a common nuisance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars or be imprisoned for not more than six months, or both.

§ 8. No person shall with intent to effect a sale of intoxicating liquor by himself, his employee, servant or agent, for himself or any person, company or corporation, keep or carry around on his person, or in a vehicle, or other conveyance whatever, or leave in a place for another to secure, any intoxicating liquor, or solicit, or take, or accept orders for the sale, shipment or delivery of intoxicating liquor, in violation of this local law.

§ 9. The articles enumerated in this section after having been manufactured and prepared for the market, shall not be subject to the provisions of this local law, if they correspond with the following descriptions and limitations, namely:

1. Denatured alcohol or denatured rum produced and used as provided by laws and regulations now or hereafter in force.

2. Medicinal preparations manufactured in accordance with formulas prescribed by the United States Pharmacopoeia, National Formulary of the American Institute of Homeopathy that are unfit for use for beverage purposes.

3. Patented, patent, and proprietary medicines that are unfit for use for beverage purposes.

4. Toilet, medicinal, and antiseptic preparations and solutions that are unfit for use for beverage purposes.

5. Flavoring extracts and syrups that are unfit for use as a beverage or for intoxicating beverage purposes.

6. Vinegar and preserved sweet cider.

Provided, however, that any person who shall knowingly sell any of the articles mentioned in subdivision one, two, three or four of this section for beverage purposes, or any extract or syrup for intoxicating beverage purposes, if the article, extract or syrup contains one-half of one per centum or more of alcohol by volume, shall be guilty of a violation of section seven and punishable accordingly.

§ 10. Every person holding a permit from the authorities of the United States under the national prohibition act shall, upon demand after this local law takes effect, exhibit or cause to be exhibited such permit to the chief of police of the city of Cortland. Upon the suspension or revocation of any such permit, the person to whom such permit was issued shall forthwith notify the chief of police either personally or by mail of such suspension or revocation.

2