be null and void. Such petition shall be canvassed by the City Clerk, City Comptroller and City Counselor, who shall determine whether such petition contains the necessary signatures required as above. Their finding shall be conclusive for all purposes, and they shall make certification of such finding to the Mayor, and a copy of such certificate shall be recorded in the office of the City Clerk and preserved among e archieves of the city. Such election shall be called, held and conducted as may be prescribed by ordinance, and the certificate of the officer or officers at such time legelly required to make such certificate as to the result of the election shall be final and conclusive. Such franchise ordinance shall not, in any event, be final and effective after the filing of such petition until approved by a majority vote at such election. If a special election be called for a vote on such ordinance, the person or corporation in whose favor such ordinance shall be enacted shall pay all costs and expenses of such election, and shall give bond with security satisfactory to the Mayor for the payment of such costs and expenses before the calling of such election.

Person Signing Name Other Than His Own, Penalty.If any person shall sign the petition above provided for with a name other than his own, or shall procure or attempt to procure any other person to do so, or shall procure or attempt to procure any signature to said petition by false or fraudulent statements he shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars and by imprisonment for not longer than twelve months.

Section 1. Dramshops-Application for License-Indorsement of Police Commissioners-Notice of Application.-Before an application for license to keep a saloon, beer house, tippling house or dramshop shall be received or filed by the City Auditor, there shall be endorsed thereon a certificate signed by the Board of Police Commissioners that such applicant has proved himself to be a person of good moral character. Whenever such application is presented to the Board of Police Commissioners, such Board shall cause notice, in writing, to be served by a policeman, upon every resident property owner in the block where such saloon, beer house, tippling house or dramshop is proposed to be located, designating a day not less than five days nor more than ten days after the service of such notice when remonstrances, if any, against the issuance of such license will be heard. by such Board. Whenever such application so endorsed, as aforesaid, by said Board of Police Commissioners, shall be presented to the City Auditor, he shall issue a license to such appli

cant.

Method of licensing dram shops, see Art. III, Sec. 1, Cl. 31.

State regulations, R. S. 1899, Chap. 22, R. S. 1909, Chap. 63.

No one has a natural right to sell intoxicating liquor because the tendency of its use is to deprave public morals and to do so without a license from proper authority is unlawful. A dram shop license is a mere permit and not a contract with licensee which creates vested rights but is subject at all times to police power and may be revoked. (State vs Seebold, 192 Mo. 720, 1. c. 727, and cases there cited; Barnett vs County Court, 111 Mo. App.

693.)

But when one complies with all requirements of the dram shop law he bases his right to a license upon a valid and constitutional statute and is entitled to a county license and mandamus will lie. (State ex rel. VS Turner, 210 Mo. 77, 1. c. 85.)

But before one can legally conduct dram shop in a city he must have both city and county license. (Sharp vs City of Carthage, 48 Mo. App. 26; State vs Harper, 58 Mo. 530.)

The propriety of the issue of a city dram shop license in any given case is under the charter a matter solely with

in the discretion of the police board. (Ex Parte Joffee, 46 Mo. App. 360, 1. c. 366. cited with approval in Sluder vs Transit Co., 189 Mo. 107, 1. c. 194, and State vs Hamey, 168 Mo. 167, 1. c. 213; State ex rel. vs Stiff, 104 Mo. App. 685.)

It is no defense to a prosecution for failure to take out license that auditor has refused to issue it. If refusal was wrongful the applicant has remedy by mandamus. (City of Kansas vs Flanders, 71 Mo. 281.)

When the state law says that a license shall be granted on the petition of two-thirds of the inhabitants of a block, the Board of Alderman have not the authority to say that there shall be a petition of two-thirds of the entire town. Though the city is authorized to regulate a dram shop, it cannot regulate it in those particulars which Iwould be inconsistent with the regulation made by the state. (State ex rel. vs McCammon, 111 Mo. App. 626, 1. c. 631.)

The statute of the state governing the sale of liquors and the conduct of dram shops thereunder becomes a part and parcel of the license. (Barnett vs County Court, 111 Mo. App. 693.)

The sale of a single glass of liquor without a license is a violation of the ordinance prohibiting the sale of intoxicating liquors without a license.

(City of Kansas vs Muehlebach, 68 Mo. 638; City of Springfield vs Ford, 40 Mo. App. 586; State vs Small, 31 Mo. 197.)

Kansas City has authority to enact ordinance prohibiting sales of liquors to women. (City of Joplin vs Jacobs, 119 Mo. App. 134.)

May prohibit females, whether proprietors or employes, waiting on customers in saloons. (State vs Canton, 43 Mo. 48; R. S. 1899, Sec. 2185; R. S. 1909, Sec. 4740.)

Druggist and dramshop keeper dis tinguished. (State vs Willard, 39 Mo. App. 251.)

Keeping saloons open on Sunday. (State vs Binder, 38 Mo., 451; State vs Kessels, 120 Mo. App. 233.)

The sale of liquor to a member by a bona fide social club not incorpor ated for profit is not a sale within the inhibition of dram shop law. (State ex rel. vs The St. Louis Club, 125 Mo. 308.)

But where the principal business of a club is selling intoxicating liquors to its members it is violation of the dram shop act. (State ex inf. vs Kirkwood Social Athletic Club, 121 Mo. App. 87; State ex inf. vs Rosehill Pastime Athletic Club, 121 Mo. App. 81; State ex inf. vs Rod and Gun Club, 121 Mo. App. 364.)

Sec. 2. Revocation of License-Notice to Dramshop Keeper -Hearing. Whenever it shall be shown to the Board of Police Commissioners, upon complaint of any person in writing, or whenever said Board shall become satisfied that any dramshop keeper of the city keeps a disorderly house, or a house that is a resort of minors, lewd or disreputable women, or of evil-disposed persons, the said Board of Police Commissioners may order the license of such dramshop keeper to be revoked, and from the date of such order of revocation, such dramshop keeper shall be deemed to have no license, and to be without authority of law to carry on a dramshop; and thereafter no license shall be granted. to such person to keep a dramshop. Whenever such complaint in writing shall be made to the Board, or whenever the Board shall become satisfied that any dramshop keeper of the city keeps a disorderly house, or a house that is the resort of minors, lewd or disreputable women, or of evil-disposed persons, such Board

shall order its Secretary to notify such dramshop keeper of the same, and set a day when such dramshop keeper may be heard; and such notice shall be served by a policeman. by a copy thereof delivered to such dramshop keeper or any barkeeper in charge of said dramshop, and no license shall be revoked by said Board without notice thereof, and an opportunity to be heard, to said dramshop keeper.

Sec. 3. Elections-Dramshops to Be Closed-Duty of Commissioners.--The Board of Police Commissioners shall, on the day next preceding any general or special election held in Kansas City, issue an order for the closing of all saloons, beer houses, tippling houses and dramshops on such election day, and give public notice of the issuance thereof. Said Board shall direct the Chief of Police to take the necessary steps to insure the strict enforcement of such order.

ARTICLE XVIII.

MISCELLANEOUS PROVISIONS.