Chap. 240.—An ACT to establish a dispensary for the sale of intoxicating
liquors in Jerusalem magisterial district, Southampton county, Virginia, to
prohibit all persons, firms or corporations, except manufacturers of apple
and peach brandy within saiu district, 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 district.

Approved Fepruary. 15, 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 whatever,
except manufacturers of apple and peach brandy, within said district.
to sell, barter, or exchange any spirituous, vinous, malt or intoxicating
liquors of any kind in Jerusalem magisterial district, Southampton
county, Virginia, after the thirtieth day of April, nineteen hundred and
one, except as hereinafter provided. And any person or firm or corpora-
tion violating this section shall be guilty of a misdemeanor, and upon
conviction shall be fined in a sum not less than twenty-five dollars nor
more than one hundred dollars or imprisoned not less than one month.
or more than six months, or both.

2. The judge of the county court of Southampton county, Virginia,
on the first day of Mareh, nineteen hundred and one (and every three
vears thereafter), shall select three citizens of Jerusalem magisterial dis-
triet, who shall constitute a dispensary board for the said magisterial dis-
trict. whose terms of office shall begin on the first day of May, nineteen
hundred and one, and shall expire in three years from said date. All
vacancies occurring on said board shall be filled by the said county judge
for the unexpired term. The members of said board shall, before enter-
ing upon the duties of said 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 county court judge shall have the right to remove any member
of said board, when, in his judgment, he has violated his oath or been
guilty of malfeasance or misfeasance in the discharge of the duties of said
office. Said board shall elect one of its members as chairman, whose duty
it shall be to audit and approve all its bills contracted for said dispensary,
and shall receive for his services the sum of fifty dollars per year.

3. It shall be the duty of said dispensary board to provide a suitable
place for the sale of spirituous, vinous, malt or other intoxicating liquors
within the corporate limits of the town of Courtland, where such liquors
shall be kept for sale under the direction of 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 the sale of liquors, subject to the control of the dispensary
hoard, and he shall be subject to dismissal at the pleasure of said dis-
pensary board. He shall give bond, payable to said dispensary board,
in a sum to be fixed by the said dispensary board, not less than five hun-
- dollars, for the faithful discharge of his duties and for the payment
of all sums of money received by him to the treasurer of said dispensary.
He shall be paid a salary, to be fixed by the dispensary board, not exceed-
ing the sum of fifty dollars per month, which compensation shall not be
dependent upon the amount of sales made by him. The manager shall
keep at all times, under the supervision of the dispensary board, a stock
of spirituous, vinous, and malt liquors in such quantities as the dispen-
sary board shall direct, and all bills incurred for the establishment and
maintenance of said dispensary, and the purchase of stock from time to
time, shall be paid by the treasurer of said dispensary, upon presentation
of such bills, approved in writing by the chairman of said board and the
said manager. It shall be the duty of said manager to keep a register on
which shall be kept a record of the quantity sold. price paid, and date
of sale. Said manager shall sell only for cash, and shall turn over all
moneys received by him to the treasurer of said dispensary once a week,
who shall keep an account of same. The said manager shall make a
monthly report to the dispensary hoard, showing the amount of purchases
and sales for the preceding month, and the stock on hand the last day of
the month.

4. 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 of any kind be sold to any person known to be an
habitual drunkard, to minors, or persons known to be intoxicated, except
upon the prescription of a practicing physician. The dispensary shall
not be open before sunrise, and shall be closed by sunset of each day, and
it shall be closed on Sundays, election davs 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 con-
ducted shall front upon one of the principal streets in said town (Main
street excepted), and which shall not be within two hundred feet of anv
church, schoolhouse, passenger depot building and post-office building
in said town, and shall have no other means of ingress or egress except the
front door thereof. The price at which all liquor shall be soid by said
dispensary shall be fixed by the said dispensary board: provided, that the
same shall not be sold at a profit exceeding eighty per centum above
actual cost.

5. The treasurer of said dispensary shall be elected by the said dis-
pensary board, and shall be approved by the county court judge, and
shall give bond, payable to said dispensary board, sufficient for ample
security for the amount intrusted in his hands.

6. The said dispensary shall sell to no person or persons, any liquor
of any kind, except in sealed packages, and when any original package
is broken, it shall be bottled and sealed and the price labeled thereon.
The said board shall appoint some reliable person or persons 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 or persons
shall be to sce that all of such original packages are bottled in such sized
bottles as the manager shall suggest, and securely corked and sealed and
the price labeled thereon. The manager shall not keep, or allow to be
kept, any unsealed or broken package of liquor in said dispensary. The
amount of liquor sold in said sealed package can be fixed by the dispen-
sary board: provided, that in no case can more than four gallons be sold
to one party or sealed in any one package, or less than one half-pint. It
shal] be unlawful for any person or persons to open any package of liquor
of any kind within fifty feet of said dispensary, or within fifty feet of the
Main street of said town, or drink the contents of such package or a part
thereof within such distance, except that this provision shall not affect
the right of any person or persons residing or having places of business
within fiftv feet of said building, to open such package of liquor or to
drink the contents thereof within such residence or place of business.
Any person violating this section, as above provided, shall be guilty of a
misdemeanor, and upon conviction thereof, shall be fined not less than
two dollars and fifty cents nor more than twenty-five dollars.

7 Said dispensary board may cause an inspection and analysis to be
made of the stock on hand at any time, and if any liquors should be
condemned by such inspection as not pure and as represented, such pack-
age shall be returned to the party from whom it was bought and payment
for same be refused. No liquors shall be sold to any person or persons,
for the purpose of being sold again, and the said dispensary board and
said manager shall make such investigation as shall be necessary to carry
out the provisions of this act. And in case any person or persons shall
be known by the manager or dispensary board to violate this section, the
said board may direct said manager not to sell to the said party or parties
any of the liquors sold in said dispensary, unless such party or parties
shall present a prescription from a licensed physician to the said man-
ager.

8. 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 realized from the sale of same and the itemized
expenses of said dispensary. The said dispensary board shall have a right
to borrow money to establish and maintain said dispensary, if necessary,
which shall be paid by the treasurer from the first profits of the dis-
pensary.

9. The members of said dispensary board, other than the chairman,
shall have for their services each twenty-five dollars annually.

10. The treasurer shall have one per centum of all the moneys which
shall come into his hands from said dispensary for his services. He
shal] deposit all money paid to him under this act in such depository
as the dispensary board shall direct, and shall not be responsible in case
of loss, unless same is caused by his own negligence.

11. The net profits accruing from this dispensary shall be disposed of
in the following manner: one-third to the state of Virginia, one-third to
the town of Courtland, and one-third to the public schools of Jerusalem
magisterial district, Southampton county, Virginia.

32. The manager of the dispensary shall “not allow any person or
persons to loiter in or about said dispensary, and any person who is
violating this provision and refuses to leave at the request of the man-
ager, shall be guilty of a misdemeanor, and upon conviction thereof
shall be fined a sum not less than two dollars and fifty cents nor more
than fifty dollars.

13. All laws in conflict with this act, so far as applicable to Jerusalem
magisterial district, Southampton county, Virginia, are hereby repealed.
This act is not intended to repeal, modify or in any manner conflict with
the act establishing a dispensary for the sale of intoxicating liquors in
Franklin magisterial district, Southampton county, Virginia. approved
March sixth, nineteen hundred. See acts of eighteen. hundred and
ninety-nine and nineteen hundred, chapter eight hundred and ten, page
eight hundred and seventy-six.

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