_Germany._--The German law and practice are broadly similar to the
French, but the several states vary somewhat in detail. Under the
imperial law of 1879 inns or hotels and retail trade in spirits for on
or off consumption may not be carried on without a permit or licence
from the local authority which, however, can only be refused on the
ground of character or of unsuitability of premises. This is the
general law of the empire; but the state governments are empowered to
make the granting of a licence for retailing spirits dependent on
proof that it is locally required, and also to impose the same
condition on inn-keeping and the retailing of other drinks in places
with less than 15,000 inhabitants and in larger ones which obtain a
local statute to that effect. Before a licence is granted the opinion
of the police and other executive officers is to be taken. The
licensing authority is the mayor in towns and the chairman of the
district council in rural areas. The provisions with regard to the
dependence of a licence on local requirements have been adopted by
Prussia and other states, but apparently little or no use is made of
them. Permits are very freely granted, and the number of licensed
houses, though not so great as in France, is very high in proportion
to population. Three classes of establishment are recognized--(1)
_Gast-wirthschaft_, (2) _Schank-wirthschaft_, (3) _Klein-handel_.
_Gast-wirthschaft_ is inn-keeping, or the lodging of strangers in an
open house for profit, and includes "pensions" of a public character;
the imperial law provides that a licence may be limited to this
function and need not include the retailing of liquor.
_Schank-wirthschaft_ is the retailing for profit of all sorts of
drinks, including coffee and mineral waters; it corresponds to café in
France and refreshment house in England; but the mere serving of food
does not come under the law with which we are here concerned.
_Klein-handel_ is retail sale either for on or off consumption, and
the liquor for which a licence is required in this connexion is
described as _branntwein_ or _spiritus_, and is defined as distilled
alcoholic liquor, whether by itself or in combination. A licence for
_Schank-wirthschaft_ includes _Klein-handel_, but not vice-versa; none
is required for the retail sale of wine which is the seller's own
produce. Licences may be withdrawn for offences against the law.
Licensed houses are under the supervision of the police, who fix the
hours of closing; it is usually 10 P.M., but is commonly extended to
11 P.M. or midnight in the larger towns and still later in the case of
particular establishments. Some cafés in Berlin do not close till 3
A.M. and some never close at all. Persons remaining on the premises in
forbidden hours after being ordered to leave by the landlord are
liable to punishment. Serving drunkards and persons of school age is
forbidden.
Public-domain text, read in full here on John Shaqi.
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