Chap. 113.—An ACT to establish a dispensary for the sale of intoxicating
liquors in Farmville magisterial district, Prince Edward county, Virginia;
to prohibit all persons, firms, corporations to sell. barter, or exchange such
liquors in said district, and to repeal all laws in conflict with this act, so
far as they apply to the said magisterial district.

Approved February 13, 1901.

1. Be it enacted by the general assembly of Virginia, That it shall
be unlawful for any person, firm or corporation, in any capacity what-
ever, to sell, barter, or exchange any spirituous, vinous, malt. or intoxi-
eating liquors of any kind, in Farmville magisterial district, Prince Ed-
vard county, Virginia, after May first, nineteen hundred and one, except
as hercinafter provided, and any one violating this section shall be guilty
of a misdemeanor, and upon conviction, shall be fined a sum not less
than twenty-five dollars ($25.00), nor more than one hundred dollars
($100.00), or imprisoned not less than one month, or more than six
months, or both.

2. The council of the town of Farmville shall, on the first Tuesday
in April, nineteen hundred and one, elect three citizens of the town of
Farmville, who shall constitute a dispensary board for the said magis-
terial district, whose terms of office shall begin on the fifteenth day of
April, nineteen hundred and one, and the term of the first one elected
shall expire one year from said date, the second, two years, and the
third, three years. All vacancies occurring on said board shall be filled
by the said council for the unexpired term, and the term of said mem-
bers of said board shall in all cases be three years, except those first
above mentioned, and where there is an election to fill a vacancy. The
members of said board shall, before entering upon the duties of their
oflice, 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 the said board, when, in their judg-
ment, he has violated his oath or been guilty of a malfeasance in the
office. Said board shall elect one of its members as chairman, whose
duty it shall be to audit and approve all its bills contracted by said board,
and shall receive for his services the sum of fifty ($50.00) dollars per
year.

3. It shall be the duty of the said dispensary board herein provided to
provide a suitable place for the sale of spirituous, vinous, malt, and
other intoxicating liquors within the corporate limits of the town of
Farmville, where such liquors shall be kept for sale under the direction
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 dispenasry or place for sale of liquors, subject
to the control of the dispensary board, and he shall be subject to dismissal!
at the pleasure of said dispensary board ; he shall give bond in the sum
to be fixed by said dispensary board, not less than five hundred dollars
($500.00) for the faithful discharge of his duties and for the payment
of all sums of moncy received by him to the treasurer of the town of
Farmville; he shall be paid a salary, to be fixed by said dispensary board,
not exceeding the sum of fifty dollars ($50.00) per month, which com-
pensation shall not be dependent upon the amount of sales made by him.
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 town of Farmville, upon presentation of such bills ap-
proved, 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 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
regulations for the operation of said dispensary; but in no event shall
wines and 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 cach 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. The room in which said business shall be conducted shall front
upon one of the principal streets in said town, and shall have no other
means of ingress or egress except the front door thereof.

6. The price at which spirituous, vinous, or malt liquors shall be sold
shall be fixed by the dispensary board: provided, that the same shall not
he sold for a profit exceeding eighty per centum above the actual cost
thereof.

%. 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 be at once bottled and
sealed 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 is bot-
tled in such size packages, as may be suggested by the said manager, and
securely corked and sealed and the price labeled thereon. The said man-
ager shall at no time keep, or allow to be kept, any broken or unsealed
package of liquor in said dispensarv, 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 anv such package or bottle, or
to drink any liquor of any kind, in or within ten fect of the entrance
to the said dispensary. Said manager shall make a monthly report to the
dispensary board, showing the amount of purchases and sales for the
preceding month, and the stock on hand on the last day of the month.

8. Said dispensary board may cause an inspection and analvsis to be
made of the stock on hand from time to time by a competent chemist.
and no spirituous, vinous, or malt liquors shall he sold in said dispensary
that are not known on the market as pure and unadulterated. and the
board may have the liquors purchased analyzed from time to time to
ascertain if they are pure as represented. If anv liquors are condemned
by the chemist making the analysis as impure and unwholesome, such
liquors shall not be sold at said dispensary and the same shall be returned
to the person from whom purchased and payment for the same refused.

9. No liquors shall be sold in said dispensary to persons purchasing
for the purpose of selling again, and said dispensary hoard is required to
make such rules, and reqnire 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 pur-
chased or are purchasing liquor from the said dispensary for the purpose
of selling it again, they shall dircet 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 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 to such person or persons except upon the certi-
ficate of a reputable physician that such liquors are needed for medical
purposes. The said dispensary board shall have power to employ attor-
neys, agents, or detectives to assist and aid in the detection and prosecu-
tion of any violation of this act; may borrow money necessary to conduct
said dispensary, subject to the control of the town council as to the
amount berrowed, 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 the dispensary shall not allow any person or per-
sons to Joiter 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 he prescribed by the ordinances of said town.

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

12. The council of the said town shall appropriate from the treasury
of said town, a suflicient amount to establish the dispensary as provided
for in this act. which amount shall be repaid into said town treasury
from the profits arising from said dispensary as they shall accrue, and
no profit 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 said town couneil may allow said board to borrow money or buy goods
on the credit of the dispensary alone, if it be necessary to keep said dis-
pensary in operation.

13. The dispensary board shall make and publish an annual report
showing in detail the amount of money expended in the purehase of
liquors; the amount of money realized from the sale of liquors; the item-
ized expenses of said dispensary: salary paid to manager, dispensary
board and all other moneys expended on aceount of said dispensary, and
mone vs received on account thereof,

. The members of said board, other than chairman, shall be paid
fo th services twelve dollars (12.00) ) per annum,

The treasurer of the town of Farmville, before receiving any of the
funds derived from said dispensary, shall enter into bond sufficient to
cover the amount of funds received by him, which bond shall be of an
amount of not Jess than one thousand dollars ($1,000), to be received
and approved by the mayor and council of Farmville. The said treasurer
shall receive for his services one per centum of all moneys coming into
his hands under this act, for receiving, holding, and disbursing the same.
He shall deposit all moneys paid to him under this act in such depository
as the said council of the town of Farmville may direct, and shall not
be responsible for any loss occasioned by the failure of said depository.
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: One-fourth to the state of Vir-
ginia, three-eighths to the town of Farmville for the purpose of building
and maintaining its streets and alleys, and three-eighths to the Farmville
magisterial district outside of said town for its public roads. Such dis-
tribution 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 maintaining any
club-room, or other place, in which intoxicating liquors are received or
kept for sale or distribution or division among the members of any club
or association, shall be guilty of a misdemeanor, and punished by a fine
of not less than ten dollars nor more than one hundred dollars, or by
confinement in jail not less than ten days nor more than thirty days, or
both.

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

9. All laws or parts of laws in conflict with this act are hereby re-
pealed, so far as applicable to Farmville magisterial district, Prince
Edward county, Virginia.

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