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322
BIENNIAL REPORT OF THE ATTORNEY GENERAL
INTOXICATING LIQUORS IN GENERAL
whiskey warehouse receipt is for a particular barrel or package with
serial number indicated.
Your attention is further called to Vol. 4, Words and Phrases (3d.
Series,) 1239, defining a warehouse receipt as follows:
recei
licen
effec
]
"An instrument on its face showing that the signer has in
his possession designated goods of another for storage and obli­
gating him to deliver the same to a specified person, or t~ his
order, or bearer, on return of the instrument."
Cons
1934.
31, 1
store
_the
laws
do r
Under the above definition, I do not think that whiskey warehouse
receipts are "securities" under the above quoted statute.
deli~
November 14, 1934.
neee
DRUG STORES CONFINED.TO SALE OF WINE FOR SACRAMENTAL
PURPOSES UNLESS LICENSED UNDER CHAPTER 15884, LAWS 1933
Dear Sir:
I am in receipt of your letter of the 31st. ultimo, relative to intoxi­
cating liquors, the first paragraph of which reads as follows:
"If dIUg stores operating under the provisions of sections 7605, 7606
and 7607, C. G. S., 1927, are exempt from the licenses and excise tax pro­
vided for in Chapter 15884, should not they .be confined to sales of wines
for sacrament.al purposes only?"·
Since receipt of your letter, the proposed amendment to Article XIX
of the State Constitution, relating to intoxicating liquors, appears to have
been adopted at the General Election held on the 6th instant. Assuming
that said proposed amendment has been adopted. only those laws relating
to intoxicating liquors in effect on December 31, 1918, are not effective.
Sections 7605. 7606 and 7607, Compiled General Laws of Florida 1927, are
a part of Chapter 7736, Acts of the Extra Session of 1918, which Chapter
was not in effect until January 1, 1919. The statute relating to the sale
by druggists of alcohol or wine for sacramental purposes is Section 3 of
Chapter 7288 of 1917.
Answering your inquiry, I beg to say in my opinion sales of wines by
druggists should be confined to sales of wines for sacramental purpose
only, unless they are duly licensed under Chapter 15884, Acts of 1933.
Dec
une
une
sell
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in
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November 14, 1934.
SELLER OF WAREHOUSE RECEIPTS NOT REQUIRED TO BUY
LICENSE
Dear Sir:
This is in response to your letter of October 31st, the second para­
gmph of which reads as follows:
c
.1
BIENNIAL REPORT OF THE ATTORNEY GENERAL
323
INTOXICATING LIQUORS IN GENERAL
"If Florida votes 'wet' next Tuesday, will the seller of warehouse
receipts for liquor stored in or out of Florida be required to purchase a
license under 'Those laws pertaining to intoxicating liquor that were in
effect December 31, 1918'?"
It appears that the proposed amendment to Article 19 of the state
Constitution was adopted at the General Election held on November 6,
1934. Assuming this to be true, the laws which were in effect December
31, 1918, are now operative .
.It is my opinion that the sale of a warehouse receipt evidencing the
storage of liquors in such warehouse is not the sale of whiskey withill
the meaning of these laws. The sale prohibited or regulated by such
laws contemplates the actual physical delivery of the liquor itself, and I
do not believe that we can apply any theory of constructive or symbolic
delivery contemplated in the sale of a warehouse receipt.
I therefore advise that persons selling whiskey warehouse receipts
need not secure a permit and license under the laws of Florida.
November 20, 1934.
DRUG STORES REQUIRED TO PROCURE LICENSE IN
ORDER TO SELL
Dear Sir:
Answering your inquiry of the 27th iust., I beg to say in my opinion
under statutes effective December 31, 1918, drug stores are not permitted,
under their. privilege of selling alcohol on prescriptions, to stock up and
sell whiskey, gin, wines and other intoxicating liquors without procuring
a permit and license as other dealers in intoxicating liquors.
November 21, 1934.
MANUFACTURE IN DRY COUNTIES PROHIBITED
Dear Sir:
This is in .response to your communication of the 17th instant, and
in reply thereto, I beg to advise that under Section 2 of Chapter 7283,
Laws of Florida, Acts of 1917, it is provided:
"That it shall be unlawfUl for any person, firm, association
of persons, or corporations, in any county or election precinct in
this State, where the sale of intoxicating liquors shall be now or
may hereafter be prohibited by laws of this State, to manufacture,
sell, offer for sale, keep for sale, barter, * * * or otherwise dis­
pose of any of the prohibited liquors and beverages described in
Section One of this Act, or any of them, in any quantity at any
time. ,;, * "."
The constitutionality of this statute and its interpretation and appli- .
cation were determined by the Supreme Court in the case of Fine v~ .
. Moran, 74 Fla. 417, 77 So. 533.