ART. 56] OTSTEE OB EATING HOUSES. 1361

Oyster or Eating Houses.

1904, art. 56, sec. 90. 1888, art 56, sec. 82. 1860, art. 56, sec. 85.
1858, ch. 414, sec. 6.

90. If any person shall purpose to open, set up or keep an oyster-
house, cook-shop, victualling-house or lager beer saloon, or any place
other than an ordinary at or in which spirituous or fermented liquors
or lager beer may be sold or bartered in less quantities than a pint at
any one time, he shall apply to the clerk of the circuit court for the
county in which he may reside, or if he reside in the city of Baltimore
to the clerk of the court of common pleas therefor.

An oyster or eating house license for the sale of liquor in quantities less
than a pint, does not authorize the sale of liquor in greater quantities. The
three kinds of licenses to sell liquor, contrasted—see sections 60 and 72.
State v. Cahen, 35 Md. 237.

See notes to sections 60 and 72.

As to licenses for tonglng, dredging and packing oysters, see art. 72.

Ibid. sec. 91. 1888, art. 56, sec. 83. 1860, art. 56, sec. 86. 1858, ch. 414,
sec. 6. 1860, ch. 325, sec. 13.

91. Upon such application the said applicant shall pay to the clerk

of the circuit court of the county where he resides, or if said applicant

shall reside in the city of Baltimore then to the clerk of the court of

common pleas, the sum of fifty dollars for each and every such license.

Cited but not construed in State v. Cahen, 35 Md. 237.

Ibid. sec. 92. 1904, ch. 84, sec. 83 A.

92. On and after March 18, 1904, it shall be unlawful to issue
any licenses to any person or corporation authorizing the sale of liquor
or intoxicating beverages in any quantities whatsoever upon the
Potomac river or upon the property of the Chesapeake and Ohio canal
company; and it shall be unlawful for any person or corporation with
or without license, to sell, give or barter any liquor or intoxicating bev-
erages to any person on the said Potomac river or on the property of
the Chesapeake and Ohio canal company, and any violation of this sec-
this shall be punished upon conviction thereof by any justice of the
peace or court of competent jurisdiction by fine of not less than one
hundred dollars and not more than two hundred dollars or by imprison-
ment in the county jail or the house of correction of Maryland for a
period not exceeding three months or by both fine and imprisonment, in
the discretion of the tribunal having jurisdiction of the same; pro-
vided, that this section shall only apply to Allegany and Washington
counties; and shall not be construed to apply to leases [lessees] of
properties from the Chesapeake and Ohio canal company.

Penalties.

Ibid. sec. 93. 1888, art. 56, sec. 84. 1860, art. 56, sec. 88.
1858, ch. 414, sec. 8.

93. If any person shall sell or barter any spirituous or fermented
liquors or lager beer in quantities less than a pint without taking out