Page:United States Statutes at Large Volume 48 Part 1.djvu/355

 73d C ONGRESS. SESS. II. CH. 4. JANUARY 24, 1934 . 329 (c ) Except in the ca se of a r etailer's license class C or class D, to er•bowners be issued for a hotel or club, or a retailer's license class B or class E, filed. no place for which a license under this Act has not been issued and in effect on the date the written objections hereinafter provided for are filed, shall be deemed appropriate if the owners of a majority of the real property within a radius of six hundred feet of the boundary lines of the lot or parcel of ground upon which is situated the place for which the license is desired, shall, on a form to be prescribed by the Commissioners and filed with the Board, object to the granting of such license. In determining the sufficiency of such objections the owners of all such proper ty not lying within a res identi al use dis- trict as defined in the zoning regulations and shown in the official atlases of the Zoning Commission shall be taken as consenting to the granting of such license, except that the Commissioners shall have power to file objections on behalf of any property lying within such radius owned by the United States or the District of Columbia. This su bsecti on sha ll be constr ued as a limi tation upon the di scre- tion of the Board in granting a license and not as a limitation upon the discretion of the Board in refusing a license : Provided, however, That none of the provisions of this Act shall prevent the Board from promulgating regulations to permit the lawful bona fide owners of wareh ouse recei pts for b onded liq uors store d in Gove rnmen t war e- houses either in the District of Columbia or elsewhere from with- drawing such bonded liquors for personal use on payment to the Collect or of Taxes for th e Dist rict o f Colum bia, t axes a t such rates as provided in this Act : Provided, That such bona fide holder of such warehouse receipts held legal title to such warehouse receipts prior to the passage of this Act. (d) A separate application shall be filed with respect to each place of business. The required license fee shall be paid to the Col- lector of Tax es and his d uplica te rec eipt sh all ac compan y the appli- cation for license. In the event the license is denied the fee shall be returned. Each application (except an application for a retailer's license, class F, or a solicitor's license) shall be accompanied by a bond on a form to be prescribed by the Commissioners, executed by the applicant with corporate surety approved by the Board, in the penal sum of $1,000, said bond to run to the District of Columbia and be conditioned upon the payment by the applicant of any and all taxes due the District of Columbia under this Act and any and all fines that may be imposed upon the applicant under this Act. Said bond shall not become operative unless and until the license applied for is is sued, and in the e vent sai d applica tion is d enied sai d bond shall be returned. Every such application shall be verified by the affi davit of the appli cant, if an indiv idual, or by all o f the mem - bers of a partnership, or by the president or vice president of a corporation. If any false statement is knowingly made in such application, or in any accompanying statement under oath which may be required by the Commissioners or the Board, the person making the same shall be deemed guilty of perjury. The making of a false statement in any such application, or in any such accom- pany ing state ment, whe ther made with or w ithou t the kno wledg e or consent of the applicant, shall, in the discretion of the Board, constitute sufficient cause for the revocation of the license. SEc. 15. No retailer's licenses except of class E shall be issued for any business conducted in a residential-use district as defined in the zoning regulations and shown in the official atlases of the Zoning Commi ssion, excep t for a rest aurant or tav ern co nducte d in a hotel , of prop. may be Sufficiency of, to be determined. Proximity of Gov ernment property. Provisos. Removal of bonded l iquor in Gove rnmen t wa rehouses. Preexisting title to be shown. Application to be filed for each location; fee. Bond. Verification. Penalty for false statements. Issuing licenses in certain districtsrestrict- ed. Post, p. 974. Hotel, club, etc ., pro- visions.