Chap. 247.-An ACT to! provide fdt the establishing ofa: dispensary for the sal
'! of intoxicating liquors inthe; town: of Rocky Mount, Franklin, county, Virginia.
hh bey dd beeen pf eect ceepre ss Ve. wepe tl fybas - f4 “ers meet 4
.. _ hve man Lave Approved Maréh 19, fB08, ca es so

1. Be it enacted by. the getieralassétnbly of Virgiwia, Thet the council

‘tor the town ‘of Rocky’ Mount, in’ the eownty of: Prinklin;: Virginia, be,
‘itd the'same is hereby, authorized, at a spudidl-or rogular:meeding of the
‘said Gouncil, ‘on! of atten the twelfth day bf Funes niheteen: hunirdd and

four, in its discretion, to establish a liquor dispensary for the said'town,
‘ag hereinafter provided, the sid ‘council beingfiret petitioned! toi éstablish
slich' dispénsary bya majority of the qua lfléed! toters of said town! pod
9 TIN 6 ‘council’ of shill town of ‘Rocky Mouht! shall havb:authorit}pen
‘Or ‘after ‘the twelfth day"of Funk, niteteen' hinbred and fduny the said
liquor dispensdty having bed establivhid by ‘Said council as-ali thorized by
‘section ‘one Gf this ‘aét, td elect tHred citizuns of the bownidf Rocky Motint,
‘who shall cunstitite'd dispensary bourd Yor! said town, witbsb: tex jof
office shall -begin’ ‘on ‘such ‘day's the said council'sHal}: dempnate; and the
Verm of the first ‘one ‘elected’ shatl expire’ Une fear from ddsimated daite ;
the ‘second two'yebrk;"ahd thd thitd thiree years): Ail -vilbancies occuring
pn said’ board! shall be Alldaby the! said dotideir for! the ambipined: tetin,
‘aud the term’ ofisal® menibers of dwid boli shall; itn «all! dases, ‘be-tlnee
‘years, except’ those fitst above 'thentioned) ahd: where there:tis! am election
66 fill a'vdeancy. The memberd of said bourd shdll, before entéring upon
the duties of their office, make oath that they will well and trulynearry
out, ‘to the best of ‘thelr ability, ‘all the provisibn$ of this:actand the said
council shall have thé rifht, it thelt’dlseretion;' th:remové any: member of
the said board at ahy time Withoat notice ; said board shall elect-ondioflits
Members as chairmdyi; whise. duty it'shdlt be to! audit aitd-approvd all-its
bills contracted ‘by the'shid' board:' Sdidcothtil shallthdve-power- toi fix
thé compensation of members of the'salll Gispehsaby boand..2) ty 21nd
‘3. Tt sHall be the diity “of thd sail dispensary’ board: hereid provided
for to provide a suitable place for the sdle of spititubus; vinous; malt and
other ‘intoxicating liquors, Within the corporate ‘himits of thé town of
Rocky Mount, whete such lHquors shalt be Kept: for ‘sate; ‘under the dirbe-
tion of the said dispensary’ board, by the manager,’ who shall ‘have tlealpge
and control of all liquots bought by. the said dispensary: board-for saleyin
said town. The sald marater shall’ be chosen by-said-dispenbary bodtd,
and shall havé charge of Said dispénsaty;'or place tot sulé of liquord,;-dab-
ject to, the control of the dispensary board, and he:shall ‘besubjeet:to-dis-
missal at the’ pleasure of Said ‘dispensary boards five fo 8
* He shall give bond in'the'sum to be fixed by said dispchsary board not
less than five hundred dotta'ts, ‘for the faithful discharze of-his duties ahd
for'thé payment of all sumnis' of money received" by him tothe treasurer
of the town of Rocky Mount. "He shall"be‘patd-a sdlary, td be fixad by
said dispensary board, not exceeding the sum’ of ‘fifty dellars:per: month,
which compensation 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
whieh shall be kept a record of the quantity sold, price paid, and date of
sale.
supervision of the-dispensary board, @ sterk of apinitugus; Tenor. Ane
malt liquors in such quandities asthe dispensary. hoard, shall, direct; and
all. bills. incurred -for the ,estahlighment and, maintenance of the, dispen-
sary and the purchase of. stock,:frem time to time, shall he, pard: by. the
treasurer of the téwn.of-Rocky Mount 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 treasurer of the town once a week, who
shall keep a-separate:account of. the.game, 2

5.. Said dispensary: board-shall make, from time to time, rules and regu-
lations for.the operation ofsaid dispensary, but in no.event shall wines or
liquors be:sold to any.person known to be.an habitual drunkard, 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 gunseti cach day, and it shall be closed.on Sunday,
election days,.and.such: other days, and under the. same circumstances as
make the sale of. liquors: anlawful 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... 0... 0: | a

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 shail 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 such original packages. are bottled
in such sized 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, braken or, unsealed
package. 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 man-,
ager, or any other person,:to, open any such package or bottle, or to drink.
any liquor of any kind in or, within ten. feet of the entrance to said dis-
pensary. Said manager shall make a monthly report to the dispensary

ard, showing the amount of purchases and sales for the preceding month
and the stock on hand on the last day of themonth. ~

_ 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 the said dispen-
sary 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 any 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 same refused.

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, as 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 the said dispensary for the purpose of selling
it 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 case such board becomes satisfied that any person
or persons are, directly or indirectly, purchasing repeatedly for the pur-
pose of reselling, then the dispensary board is authorized to direct the
manager not to sell to such person or persons except upon the certificate
of a reputable physician that such liquors are needed: for medical purposes.
The said dispensary board shall have power to employ attorneys, agents,
or detectives to assist and aid in the detection and prosecution of any
violation of this act; may borrow money necessary to conduct said: dispen-
sary, subject 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 the dispensary shall not allow any person or per-
sons to loiter in or about the said dispensary, and any person who is
violating this provision amd 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 Rocky Mount shall, from time to
time, pass such ordinances as may be necessary to carry out the pro-
visions 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 said 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 main-
tained out of the profits accruing out of said business: provided, however,
that the said town council may allow said board to borrow money or buy
goods on the credit of the dispensary alone, if it be necessary to keep
said dispensary in operation. —

13. The dispensary board shall make and publish an annual report,
showing in detail the amount expended in the purchase of liquors, the
itemized expenses of said dispensary, salary paid to manager, dispensary
board, and all other moneys expended on account of said dispensary and
moneys received on account thereof.

14. The treasurer of the town of Rocky Mount, before receiving any of
the funds derived from the said dispensary, shall enter into bond suffi-
cient to cover the amount of funds received by him, which bond shall
be of an amount not less than one thousand dollars, to be recéived and
approved by the mayor and council of Rocky Mount. The said treas-
urer 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
depositories as the said council of the town of Rocky Mount may direct,
and shall not be responsible for any loss occasioned by the failure of the
said depository. He shall disburse said funds as directed by said dis-
pensary board, under the terms of this act.

15. The net profits accruing from said dispensary, under this act,
shall be disposed of in the following manner: One-eighth to the State
of Virginia, seven-eighths to the town of Rocky Mount for its general

Such distribution shall be made when ordered by the said
board, and at least. once a year.

16. In establishing said dispensary, said dispensary board may pur-
chase from the present liquor dealers in Rocky Mount such of their
stock on hand Mav first, nineteen hundred and four, as may be desirable
to keep in said dispensary: provided, they shall not pay more than
wholesale cash price for the same: and, provided, that they shall be satis-
fied that the same are pure.

1%. On and after the day that the said liquor dispensary is established
by the council of the said town of Rocky Mount, as herein authorized,
it shall be unlawful for any club, corporation, or ‘firm organized for the
purpose, or the members thereof in any capacity whatsoever, or any per-
son, to distribute among the members of said club, corporation, or firm,
pursuant to agreements, or to sell, barter, or exchange any spirituous,
vinous, malt, or intoxicating liquors of any kind in the town of Rocky
Mount, Franklin county, Virginia, without having first obtained per-
mission therefor from the council of the said town; said permission to be
entered in the minutes of the proceedings of the said council and make
a part of its records, and any one violating the provisions of this section
shall be guilty of a misdemeanor, and, on conviction thereof, shall be
fined not less than twenty-five nor more than one hundred dollars, or im-
prisoned not less than one month nor more than six in the county jail.

18. All laws or parts of laws in conflict with this act are hereby re-
pealed, so far as applicable, to the town of Rocky Mount, Franklin
county, Virginia.