Chap. 211.—An ACT to submit to the qualified voters of the town of Martinsville,
in the county of Henry, Virginia, at a special election to be held therefor, the
question of the establishment of a dispensary for the sale of intoxicating liquors
therein, and in the event a majority of those voting at said election vote for
said dispensary, then further to provide for the establishment and the conduct
of the same, and to prohibit thereafter within said town, or within the magis-
terial district in which said town is situated, the sale, barter, or exchange of
intoxicating liquors by all persons, firms, or corporations, except as provided
herein.

Approved March 15, 1902.

1. Be it enacted by the general assembly of Virginia, That on Thurs-
day, the tenth day of April, nineteen hundred and two, there shall be
held within and for the town of Martinsville, at the courthouse of the
county of Henry, in the county of Henry, Virginia, a special election, at
which shall be submitted to the qualified voters of said town the question
of the establishment of a municipal liquor dispensary in said town as
hereinafter provided, which said election shall be held, and the returns
thereof made, canvassed, and ascertained as provided by the general elec-
tion laws of this State and the provisions of the charter of said town so
far as the same are applicable, and except as modified by this act. The
official ballots prepared and used at said election shall contain the words
“for dispensary” and the words “against dispensary,” and the voter de-
siring to vote for the establishment of said dispensary as provided by this
act shall scratch out the words “against dispensary,” leaving the words
“for dispensary” unscratched; and the voter desiring to vote against the
establishment of said dispensary as provided by this act shall scratch out
the words “for dispensary,” leaving the words “against dispensary” un-
scratched. The certificate of the judges and clerks of said election shall
show the number of votes cast “for dispensary” and the number of votes
cast “against dispensary,” and the commissioners of election shall cer-
tify the result of said election to the council of said town, to be entered
of record on its minute books. And if at said election a majority of the
voters voting thereat shall vote for the establishment of said dispensary
as provided by this act, then it shall be unlawful for any person, firm, or
corporation, in any capacity whatsoever, to sell, barter, or exchange any
spirituous, vinous, malt, or intoxicating liquors of any kind in the said
town of Martinsville, or in the magisterial district in which said town is
situated, on or after the first day of May, nineteen hundred and two,
except as hereinafter provided, and any one violating this section shal]
be guilty of a misdemeanor, and upon conviction thereof shall be fined
not less than one hundred nor more than one thousand dollars, or im-
prisoned not less than one month nor more than twelve months in the
jail of said county, or such person may be punished by both fine and im-
prisonment as aforcsaid, in the discretion of the jury, and the subsequent
sections of this act shall be in full force and effect; but if at said election
a majority of those voting thereat shall vote against the establishment of
said dispensary as provided by this act, then the same shall not affect the
general Jaws pertaining to the sale of intoxicating liquors.

2. The council of the town of Martinsville shall at some time during
the month of April, nineteen hundred and two, and every two years
thereafter, sclect three citizens of the said town who shall constitute a
dispensary board for said town, and whose term of office shall begin
with their appointment and expire two years from the date thereof. All
vacancies occurring on said board shall be filled by said council for the
unexpired term. ‘lhe members of said board shall, before entering upon
the duties of their office, make oath that they will well and truly carry
out, to the best of their ability, all the provisions of this act, and the said
council shall have the right to remove any member of said board when, in
the judgment of said council, he has violated his oath or been guilty of
any misfeasance in office. Said board shall elect one of its members as
chairman, whose duty it shall be to audit and approve all the bills con-
tracted by said board, and shall receive for his services the sum of fifty
dollars per vear.

3. It shall be the duty of the said dispensary board herein provided for
to provide a suitable place for the sale of spirituous, vinous, malt, and
other intoxicating liquors within the corporate limits of the town of
Martinsville, where such liquors shall be kept for sale under the direc-

1
tion of the said dispensary board by the manager, who shall have charge
and control of all liquors bought by said dispensary board for sale in said
town. The said manager shall be chosen by said dispensary board, and
shall have charge of said dispensary or place for sale of liquors, subject
to the control of the dispensary hoard, and he shall be subject to dis-
missal at the pleasure of said dispensary board. He shall give bond in
the sum to be fixed by said dispensary board for the faithful discharge of
his duties, and for the payment of all sums of money received by him to
the treasurer of the town of Martinsville; and he shall be paid a salary to
be fixed bv said dispensary hoard. It will be the duty of the manager to
keep a register, on which shall he kept a record of the quantity sold, price
paid, and date of sale.

4. The manager of the dispensary shall at all times keep, under the
supervision of the dispensary board, a stock of spirituous, vinous, and
malt liquors in such quantities as the dispensary board shall direct; and
all bills incurred for the establishment and maintenance of the dispe n-
sary and the purchase of stock, from time to time, shall be paid by the
treasurer of the town of Martinsville, upon presentation of such bills ap-
proved in writing by the chairman of the dispensary board and said man-
ager. Said manager shall sell only for cash, and shall turn over all
moneys received by him to the treasurer of the town once a week, who
shall keep a separate account of the same.

5. Said dispensary board shall make, from time to time, rules and regu-
lations for the operation of said dispensary, but in no event shall wine
or liquors be sold to any person known to be an habitual drunkard, to
minors, or persons intoxicated, except upon the prescription of a regu-
larly licensed physician. The dispensary shall not be opened before sun-
rise, and shall be closed at sunset cach day, and it shall be closed on
Sundays, election days, and such other days, and under the same circum-
stances as makes the sale of Hiquors unlawful under the laws of this State.

6. The price at which spirituous, vinous, or malt liquors shall be sold
shall be fixed by the dispensary board.

%. The manager of said dispensary shall sell to no person or persons
any spirituous, vinous, or malt liquors, except in sealed packages, and
whenever any original package is broken, it shall at once be bottled and
scaled and the price labeled thereon. The said board shall appoint some
reliable person to assist said manager whenever it shall become necessary
to break any original package and bottle and seal the same, the duty of
which person it shall be to see that all of such original packages are
hottled in such size packages as may be suggested by the said manager,
and securely corked and sealed, and the price labeled thereon. The said
manager shall at no time keep, or allow to be kept, any broken or un-
sealed packages of liquor in said dispensary, either for his own use or
for the use of any other person or persons. The amount of liquor sold in
said sealed packages in said dispensary shall in no case be less than one-
half a pint nor more than four gallons, and it shall be unlawful for the
said manager or any other person to open any such package or bottle, or
fo drink any liquor of any kind within such distance from the entrance
to the dispensary as the said board may preserthbe, Said manager shall
ACTS OF ASSEMBLY. 211

make a monthly . _ ,
purchases and sales férto the dispensary board, showing the amount of
the last day of the month. ~°cceding month, and the stock on hand on

8. Said dispensary board may causc
made of the stock on hand from time to time wjection and analysis to be
no spirituous, vinous, or malt liquors shall be soia etent chemist, and
that are not known on the market as pure and unadulteid. dispensary
board may have the liquors purchased analyzed, from time to 1 the
ascertain if they are pure as represented. If any liquors are condemnea
by the chemist making the analysis as impure and unwholesome, such
liquors shall not be sold at said dispensary, and the same shall be re-
turned to the persons from whom purchased, and payment for sarhe re-
fused.

9. No liquors shall be sold in said dispensary to persons purchasing
for the purpose of selling again, and said dispensary board is required to
make such rules and require the manager to make such investigation as
will, so far as practicable, prevent persons from so purchasing; and if the
said board becomes satisfied that any person or persons have purchased,
or are purchasing, liquor from said dispensary for the purpose of selling
again, they shall direct the manager as to the quantity to be sold to such
person or persons, which shall be such an amount as will probably prevent
a resale, and in such case such board becomes satisfied that any person or
persons are directly or indirectly purchasing repeatedly for the purpose
of reselling, then the dispensary board is authorized to direct the manager
not to sell te such person or persons except upon the certificate of a repu-
table physician that such liquors are needed for medical purposes. The
said dispensary board shall have power to employ attorneys, agents, or de-
tectives to assist and aid in the detection and prosecution of any violation
of this act; may borrow money necessary to conduct said dispensary, sub-
ject to the control of the town council as to the amount borrowed, and
shall have the power to do all other proper things not contrary to law in
order to carry out the true intent of this act.

10. The manager of said dispensary shall not allow any person or per-
sons to loiter in or about the said dispensary, and any person who is vio-
lating this provision and refuses to leave at the request of the manager
shall be punished, upon conviction in the mayor’s court of said town,
as may be prescribed by the ordinances of said town. |

11. The council of the said town of Martinsville shall, from time to
time, pass such ordinances as may be necessary to carry out the provisions
of this act, and shall prescribe suitable penalties for violations of said
ordinances.

12. The council of said town shall appropriate from the treasury of
said town a sufficient amount to establish the dispensary as provided for
in this act, which amount shall be repaid into the town treasury from the
profits arising from said dispensary as they shall accrue, and no profits
shall be paid out in any other direction until said amount is so repaid,
and thereafter said dispensary shall ,be supported and maintained out of
the profits accruing out of said business: provided, however, that the sv |
town couneil may allow the said board to borrow money and buy goo 's
vosary to keep said dis-

on the credit of the dispensary alone, if it *
pensary in operation. .. make and publish an annual report
13. The dispensary bosuht of money expended in the purchase of
showing in detail. <r money realized from the sale of liquors, the 1tem-
liquors, the vt said dispensary, salary paid manager, dispensary board,
rother moneys expended on account of said dispensary, and money

‘Feceived on account thereof.

14. The members of said board other than chairman shall be paid for
their services twelve dollars per annum.

15. The treasurer of said town shall be liable on his official bond for all
money received by him hereinunder, and shall receive for his services one
per centum for receiving, holding, and disbursing the same. He shall de-
posit all moneys paid to him under this act in such depository as the said
council of the town of Martinsville may direct. He shall disburse said
funds as directed by said dispensary board under the terms of this act.

16. The net profits accruing from said dispensary under this act shall
be disposed of in the following manner: QOne-fourth to the State of Vir-
ginia, three-cighths to the town of Martinsville for general purposes, and
three-eights to the town of Martinsville for the support of its public
schools. Such distribution shall be made when ordered by said board,
and at least once a year.

17. Any person or persons who shall, directly or indirectly, keep or
maintain by himself, or by associating or combining with others, or who
shall in any manner aid, assist, or abet in keeping or maintainfng any club-
room or other placc in which intoxicating liquors are received or kept for
sale, or distribution or division among members of any club or associa-
tion, shall be guiltv of misdemeanor, and punished by a fine of not less
than one hundred dollars nor more than one thousand dollars, or by con-
finement in jail of not less than one month nor more than twelve months,
or both.

18. In establishing said dispensary, said dispensary board may pur-
chase from the present liquor dealers in Martinsville such of their stock
on hand May first, nincteen hundred and two, as may be desirable to keep
in said dispensary: provided, they shall not pay more than wholesale cost
for the same: and provided, they shall he satisfied that the same are pure.

19. Notice of said special election shall be given by publication or
posting, but two wecks’ publication shall be sufficient, anything in the
charter of the said town, or the general law of the State, to the contrary
notwithstanding.

20. All laws or parts of laws in conflict with this act are hereby re-
pealed so far as applicable to Martinsville magisterial district, Henry
county, Virginia.

21. This act shall be in foree from its passage.