Chap. 233.—An ACT to submit to the qualified voters of the town of Manassas, i
the county of Prince William, at a special election to be held therefor, the que:
tion of the establishment of a dispensary for the sale of intoxicating liquor
therein, and in the event of a majority of those voting at said election vote fo
said dispensary, then further to provide for the establishment and conduct o
the same, and to prohibit thereafter, within said town, or within one mile of it
corporate limits, the sale, barter, or exchange of intoxicating liquors, by all per
sons, firms, or corporations, except as provided herein.

Approved May 14, 1903.

1. Be it enacted by the general assembly of Virginia, That wheneve
such of the qualified voters of the town of Manassas, in the county o
Prince William, as constitute one-fourth of the persons voting, at th
preceding regular election, held in said town, petition the council of sai
town, the said council shall order an election to be held in said town. 2
such time as may be fixed by the said council, notice of the time and plac
of said election shall be posted in at least two public places in said towr
at least thirty days before such election, at which said election the qual:
fied voters of said town shall vote upon the question of establishing a mu
nicipal liquor dispensary in said town, as hereinafter provided, whit
said election shall be held and the returns thereof made, canvassed, an
ascertained, as provided by the laws governing the election of mavor an
councilmen of said town, so far as the same may be applicable and excer
as modified by this act. The official ballots, prepared and used at suc
election, shall contain the words “For Dispensary,” and the word
“Against Dispensary,” and the voter desiring to vote for the establishmen
of said dispensary shall scratch out the words “Against Dispensary,” an
the voter desiring to vote against the establishment of said dispensar
shall scratch out the words “For Dispensary.” The certificate of th
judges and clerk of the election shall show the number of votes cast fe
dispensary and the number of votes cast against dispensary, and sha
certify the results of said election to the said council, to: be spread upo
the minutes thereof. And if a majority of the voters voting at suc
election shall vote for the establishment of a dispensary, then it shall }
unlawful for any person, firm, or corporation, in any capacity whats«
ever, to sell, barter, or exchange any spirituous, vinous, malt, or othe
intoxicating liquors of any kind or character, in the said town of Mana:
sas, or within one mile of the corporate limits of said town, on or after th
first day of May next succeeding such election, except as hereinafter pre
vided; and anv person, firm, or corporation violating the provisions a
this section shall be guilty of a misdemeanor, and upon conviction, shal
be fined not less than one hundred dollars nor more than one thousan
dollars, or imprisoned in the county jail not less than one month no
more than twelve months, or both fined and imprisoned, in the discretion
of the court or justice trying said case, and the subsequent sections of this
act shall be in full force and effect; but if a majority of the voters voting
at such election shall vote against the establishment of said dispensary,
them the same shall not affect the general laws pertaining to the sale of
intoxicating liquors.

2. The council of the said town of Manassas shall, at some time during
the month of April, following such election, and every two years there-
after, select three citizens of the said town, who shall constitute a dis-
pensary board for said town, and whose term of office shall begin with
their appointment and expire two years from the date thereof. All va-
cancies occurring on said board shall be filled by the council for the unex-
pired term thereof. The members of said board shall, before entering
upon the duties thereof, make oath that they will well and truly carry
out all] the provisions of this act to the best of their ability, and the said
council shall have the right to remove any member of said board for neg-
lect of duty, malfeasance or misfeasance in office. Said board shall elect
one of its members as chairman, whose duty it shall be to audit and ap-
prove all the bills contracted by said board, and who shall receive for his
services the sum of fifty dollars per annum.

' 3. It shall be the duty of 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 said town of Ma-
nassas where such liquors shall be kept for sale under the direction of the
zaid 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
xontrol of the dispensary board, and he shall be subject to dismissal at
‘he pleasure of said dispensary board. The said manager shall give bond
‘or the faithful discharge of his duties, to be approved by the said board
ind in such an amount as the said board shall fix. The said manager
shall keep a record of all liquors sold, the quantity, price, and date of sale,
and shall receive as his compensation such sum as may be fixed by the dis-
yxensary board.

’ 4, The manager of said dispensary shall at all times keep, under the
‘supervision of the dispensary board, a stock of spirituous, vinous, and
nalt liquors, in such quantities as the said board may provide; and all
‘ills incurred for the establishment and maintenance of the dispensary
‘sand the purchase of stock, from time to time, shall be paid by the treas-
irer of the town of Manassas, upon presentation of such bills, approved
‘n writing by the manager and the dispensary board. Said manager shall
sell only for cash, and shall turn over all moneys received by him to the
sown. treasurer, at least once a week, and oftener when so requested, and
“he said treasurer shall keep the same separate from other funds in his
hands. .

' 5. Said dispensary board shall, from time to time, make and publish
‘ules 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 drunk-
ard, to minors, or persons intoxicated, except upon the prescription of a
regularly licensed physician. The dispensary shall not be opened before
sunrise, and shall be closed at nine o’clock of the evening of each day,
and it shall be closed 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 fixed by the dispensary board. . ,

?%. The manager of said dispensary shall sell to no person any spirit-
uous, 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 labeled thereon. The said board shall appoint some reliable person
to assist said manager whenever it shall become necessary. The said
manager 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 quantity of liquor sold in said
dispensary shall in no case be less than one-half pint, nor more than
four gallons, and it shall be unlawful for the manager or any other per-
son to open any such package, or bottle, or to drink any liquor of any kind
within such distance from the said dispensary as the said board may pre-
scribe. Said manager shall make a monthly report to the dispensary
board, showing the amount of purchases andi sales for the preceding
month, and the amount of stock on hand on the last day of said month.

8. Said dispensary board may cause an inspection and analysis to be
made of the stock on hand, from time to time, by a competent chemist,
and no spirituous, vinous, or malt liquors shall be sold in said dispensary
that are not known on the market as pure and unadulterated, and the
board may have the liquors purchased analyzed, to ascertain if they are
as represented. If any liquors are condemned by the chemist, making
such analysis, as Impure or 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 same refunded.

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 pur-
chased, or are purchasing liquor from said dispensary, for the purpose of
selling again, they shall direct the manager as to the quantity as mav be
sold to such person, or persons, which shall be such quantity as shall
probably prevent a sale, and if in such case the board becomes satisfied
that any person, or persons, are directly or indirectly purchasing re-
peatedly for the purpose of reselling, then the said board is authorized
to direct the manager not to sell to such persons, except upon the certifi-
cate of a reputable physician, that such liquor is needed for medicinal
purposes.

The dispensary board shall have power to employ attornevs, agents, or
detectives, to assist and aid in the detection and prosecution of any vio-
lation of this act; may borrow moncy necessary to conduct said dispen-
sarv, subject to the ratification of the town council, as to the amount to
‘2 borrowed, and shall have power to do all other 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 Js violat-
ing this provision and refuses to leave at the request of the manager,
shall be punished, upon conviction, as may be prescribed by ordinance of
‘he town council.

11. The council of the town of Manassas 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 any violations thereof.

12. The council of said town shall appropriate from the treasury of said
town a sufficient amount to establish the said dispensary, which amount
shall be paid into the town treasury from the profits arising from said
dispensary as they shall accrue, and no profits shall be paid out in any
oher direction until said amount is so repaid, and thereafter said dis-
pensary shall be supported and maintained out of the profits accruing
therefrom: provided, however, that the town council may allow the said
iispensary board to borrow money and buy goods on credit of the dis-
pensary alone, if it may become necessary in order to keep said dispen-
sary in operation.

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

14. The members of said board, other than the chairman, shall be paid
tke sum of twelve dollars annually.

15. The sergeant or treasurer of said town shall be liable on his official
‘ond for all moneys received by him hereunder, and shall receive for his
“ervices one per centum for receiving, holding, and disbursing the same.
He shall deposit all moneys paid to him under this act in such depository
48 * the said town council may direct.

. The net profits accruing from said dispensary shall be disposed of
D he following manner: one- eighth to the State of Virginia and the resi-
jue to the town of Manassas, to be used as the council of said town may
cirect. Such distribution shall be made annually, or oftener, if so or-
dered by the dispensary board.

17. In establishing said dispensary, the dispensary board may purchase
from the retail liquor dealers in the town of Manassas such of their stock
+n hand as may be desirable to keep in said dispensary: provided, that
they shall not pay more than manufacturers’ or importers’ prices for
same.

18. All laws or parts of laws in conflict with this act are hereby re-
pealed, so far as the same may refer to the town of Manassas, and in the
county of Prince William, within one mile of said town.

19. This act shall be in force from and after its passage.