48-156
Intoxicating Liquor
Cite as N.D. Op. Att'y Gen. 48-156
OPINION
48-156
March 23, 1948 (OPINION)
INTOXICATING LIQUOR
RE: Sale on Election Day
This is in reply to your letter of March 18, 1948, addressed to this
office.
You state that Foster School District No. 3, Logan County, is going
to have a special election on March 30, for the purpose of voting an
increase of tax levy. The polls will open at two o'clock p.m., and
close at five o'clock p.m., the same day. The school district
comprises the city of Napoleon and all the township in which the city
of Napoleon is situated. Your place of business is outside of the
corporate limits of the city, but is in the township in which
Napoleon is situated. You operate a recreation parlor where beer and
whiskey are sold. The question is, do you have to close on the day
the school election is held.
Since the election is held in the school district, and your place is
within the school district, under the law it will be necessary for
you to be closed all day.
You further state that on April 5, you are going to have a city
election for the purpose of electing a city mayor and alderman. Your
place is located outside the corporate limits and in Bryant Township.
The question is, do you have to close your place of business on that
day.
Since this is a city election and since your place of business is
located outside of the city limits, it would not be necessary for you
to close your place of business on the day that the election is held
within the city.
NELS G. JOHNSON
Attorney General