Chap. 654.—An ACT to submit to the qualified voters of the Palmer’s Springs
magisterial district, in the county of Mecklenburg, Virginia, at a special elec-
tion to be held therefor, the question of the establishment of a dispensary for
the sale of intoxicating liquors in said magisterial district, 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 magisterial district the sale, barter, or exchange of in-
toxicating liquors by all persons, firms, or corporations, except as provided
herein.

Approved April 2, 1902.

1. Be it enacted by the general assembly of Virginia, That on Thurs-
day, the twenty-fourth day of April, nineteen hundred and two, there
shall be held within and for the Palmer’s Springs magisterial district, in
the county of Mecklenburg, Virginia, a special election at which shail
be submitted to the qualified voters of the said magisterial district the
question of the establishment of a municipal liquor dispensary in said
district as hereinafter provided, which said election shall be held and the
return thereof made, canvassed, and ascertained as provided by the gen-
eral election laws of this State, 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 desiring to vote for the establish-
ment of said dispensary as provided by this act shall scratch out the
words “Against dispensary,” leaving the words “For dispensary” un-
"68 ACTS OF ASSEMBLY.

scratched ; and the voter desiring to vote against the establishment of said
dispensary as provided by this act shall scratch out the words “For dis
pensary,” leaving the words “Against dispensary” unscratched. The er-
tificate of the judges and clerks at said election shall show the number c:
votes cast “For dispensary” and the number of votes cast “Against dis
pensary,” and the commissioners of election shall certify the result 5!
said election to the county court of the said county of Mecklenburg, or w
the judge thereof in vacation, to be entered of record. And if at saic
election a majority of voters voting thereat shall vote for the establish:
ment of said dispensary as provided bv this act, then it shall be unlawfe
for any person, firm, or corporation, in any capacity whatsoever, to =
barter, or exchange any spirituous, vinous, malt, or intoxicating liquer
of any kind in the said magisterial district on or after the first dav 0!
May, nineteen hundred and two, except as hereinafter provided, and an
oné violating this section shall be guilty of a misdemeanor, and, upo:
conviction thereof, shall be fined not less than one hundred nor mon
than one thousand dollars, or imprisoned not less than one month no
more than twelve months in the jail of said county, or such person ma'
be punished by both fine and imprisonment as aforesaid, in the discretio:
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 sha!
vote against the establishment of said dispensary as provided by this ac:
then the same shall not affect the general laws pertaining to the sale »
intoxicating liquors. The qualified voters of said Palmer’s Spring
magisterial district shall at the same time they pass upon the question «
establishing a dispensary as provided in the first section of this act, ar.
shall by a separate poll had for the purposes by the officers who conduc
said special election select three citizens, who shall be freeholders of th
said district, who shall constitute a dispensary board for said district, an
who shall serve from the first day of May, nineteen hundred and tw
until the thirticth day of June, nineteen hundred and five, and afterward
until the next election of district officers, and their successors shall after
wards be elected at the time and for the terms as provided in the case'
district officers. All vacancies occurring on said board shall he filled b
the remaining members thereof for the unexpired term. The member:

of the said board shall, before entering upon the duties of their offic
make oath that they will well and truly carry out, to the best of the:
ability, all the provisions of this act, and may be removed for mal feasanc
or misfeasance in office, as in the case of district officers. Said board sha’
elect one of its members as chairman, whose dnty it shall be to aud:
and approve all the bills contracted by said board, and shall receive for ht
services the sum of fifty dollars per year.

3. It shall be the duty of said dispensary board herein provided for :
provide a suitable place for the sale of spirituous, vinous, malt, and oth-
intoxicating liquors within the limits of the said magisterial distric
where such liquors shall be kept for sale, under the direction of the sa:
dispensary board, by the manager, who shall have charge and control ¢
all liquors bought by said dispensary board for sale in said magister
district. The said manager shall be chosen by said dispensary boaré
and shall have charge of said dispensary or place for sale of liquors, sub-
ject to the control of the dispensary board, 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 cf money received by him
to the treasurer of the county of Mecklenburg, and he shall be paid a
salary to be fixed by said dispensary board. It will be the duty of the
manager to keep a register on which shall be 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 dispen-
sary, and the purchase of stock, from time to time, shall be paid by the
treasurer of the said county of Mecklenburg upon presentation of such
bills approved in writing by the chairman of the dispensary board and
said manager. Said manager shall sell only for cash, and shall turn over
all moneys received by him to the said treasurer once a week, who shall
keep a separate account of the same.

5. Said dispensary board shall make, from time to time, rules and
regulations 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 sunrise, and shall be closed
at sunset each day, and it shall be closed on Sundays, election days, and
such other days and under the same circumstances as make the sale of
liquors unlawful under the laws of this State.

6. The price at which spirituous, vinous, or malt liquors shall be sold
shall be ftxed 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
sealed, and the price labelled 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 is bottled
in such size packages as may be suggested by the said manager and sc-
curely corked and sealed, and the price labelled thereon. The said man-
ager shall at no time keep, or allow to be kept, any broken or unsealed
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 to
drink any liquor of any kind within such distance from the entrance to
the dispensary as the said board may prescribe. Said manager shall
make a monthly report to the dispensary board, showing the amount of

49
varal) ACTS OF ASSEMBLY.

purchases and sales for the preceding month, and the stock on hand a
the last day of the month.

8. Said dispensary board may cause an inspection and analysi- to |
made of the stock on hand from time to time by a competent chemi
and no spirituous, vinous, or malt liquors shall be sold in said dispensir.
that are not known on the market as pure and unadulterated, and tl.
board may have the liquors purchased analyzed, from time to time, to a:
certain if they are pure as represented. If any liquors are condemned I
the chemist making the analysis as impure and unwholesome, such liquor
shall not be sold at said dispensary, and the sume shall be returned i:
the person from whom purchased, and payment for same refused.

9. No liquor shall be sold in said dispensary to persons purchasing fo
the purpose of selling again, and said dispensary board is required 1
make such rules, and require the manager to make such investigation, a
will, so far as practicable, prevent persons from so purchasing, and if th
said hoard becomes satisfied that any person or persons have purchase
or are purchasing, liquor from said dispensary for the purpose of sellin,
again, they shall direct the manager as to the quantity to be sold to suel
person or persons, which shall he such an amount as will probably pre
vent a resale; and in such case such board become satisfied that any perso
or persons are, directly or indirectly, purchasing repeatedly for the pur
pose of reselling, then the dispensary board is authorized to direct th
manager not to sell to such person or persons, except upon the certificat
of a reputable physician that such hquors are needed for medical pur
poses. The said dispensary board shall have power to employ attorneys
agents, or detectives to assist and aid in the detection and prosecution 0
any violation of this act; may borrow money necessary to conduct sai
dispensary, and shall have the power to do all other proper things ne
contrary to law in order to carry out the true intent of this act.

10. The said dispensary board may borrow a sufficient amount to es
tablish the dispensary as provided for in this aci, which amount shall '
repaid from the profits arising from said dispensary as they shall accrue
and no profits shall be paid out in any other direction until said amouni
ix so repaid; and thereafter said dispensary shall be supported and main.
tained out of the profits accruing out of said business: provided, however
that the said board may horrow money and buy goods on the credit o!
the dispensary alone, if it be necessary to keep said dispensary in opcera-
tion.

11. The dispensary board shall make and publish an annual report
showing, in detail, the amount of money expended in the purchase of
liquors, the amount of money realized from the sale of liquors, the item-
ized expense of said dispensary, salary paid manager, dispensary board,
and all other moneys expended on account of said dispensary, and money
received on account thereof.

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

13. The treasurer of the county of Mecklenburg shall he liable, on his
official bond, for all money received by him heremunder, and shall receive
for his services one per centum for receiving, holding, and disbursing
the same. He shall disburse said fund as directed by said dispensary
board under the terms of this act.

14. The net profits accruing from said dispensary under this act shall
he disposed of in the following manner: One-fourth to the State of Vir
ginia, and the remainder shall be expended, under the order and w arrant
of the board of supervisors of the said county of Mecklenburg, for the
benefit of the public roads in said magisterial district.

15. Any person or persons who shall within the limits of the said
magisterial district, directly or indirectly, keep or maintain by himsell,
or by associating or combining with others, or who shall in any manner
aid, assist, or abet in kee ping or maintaining any club room or other
place in which intoxicating liquors are receive ed or kept for sale or dis-
tribution or division among members of any club or association, shall be
guilty of a misdemeanor, and punished by a fine of not less than onc
hundred dollars nor more than one thousand dollars, or by confinement
in jail of not less than one month nor more than twelve months, or both.

16. Notice of the holding of said special election shall be made by the
publication of a copy of this act for two weeks in some weekly newspaper
published in the county of Mecklenburg, which said notice shall be suffi-
cient, anything in the general election laws of the State to the contrary
notw ithstanding.

17. All laws or parts of laws in conflict with this act are hereby re-
pealed, so far as applicable to Palmer’s Springs magisterial district.
Mecklenburg county, Virginia: provided, however, that nothing contained
in this act shall prevent the voters of said magisterial district from pro-
hibiting therein the sale of intoxicating liquors as provided by chapter
twenty-five of the Code of Virginia of cighteen hundred and cighty-
seven.

18. This act shall be in force from its passage.