State ex rel. Columbia Club v. McMaster

Citations

• 35 S.C. 1
• 14 S.E. 290
• 1892 S.C. LEXIS 125

Syllabus

<p>1. Liquor Licenses — Social Clubs. — The statutes of this State regulating taverns at which the sale of liquor without license is forbidden, were not intended to include social clubs, but only the ordinary drinking saloons which sell liquor for a profit as a. means of livelihood.</p> <p>2. Municipal Power — Licenses.—Municipalities have only such power as is given to them by the legislature, and their right to require licenses for business or other purposes must be derived from statute.</p> <p>3. Liquor Licenses — .Social Clubs. — A chartered club of limited membership, bona fide organized for social purposes and with no intent of evading the law, purchased liquor with its funds, and distributed the same from day to day among such of its members as wished it at such price as was considered sufficient to reimburse the club for its outlay in the purchase of these liquors. None but members could call for or pay for liquor or drinks, and the receipts fell short of full repayment for the liquor purchased. Held, that this was distribution among the members of the club and not a sale of liquor within the moaning of the statutes of this State forbidding such sale without license. A city council, therefore, under the authority to grant liquor licenses, could not require a license fee from such club and charge a foe therefor.</p>