Chap. 109.—An ACT to amend and re-enact an act entitled an act to estab-
lish a dispensary for the sale of intoxicating liquors in the town of Pulaski,
in the county of Pulaski, Virginia; to prohibit all persons, firms, corpora-
tions to sell, barter, or exchange such liquor in said town, and to repeal all
laws in conflict with this act so far as they apply to said town, approved
March 8, 1904, so as to allow the council of said town to use any or all, that
may be necessary, of the net profits accruing from said dispensary under
said act for the purpose of enlarging and improving the present water and
light plants of said town, or for the purpose of constructing new water and
light plants, or for the purpose of redeeming any bonds or evidence of debt
that may be hereafter issued by said town, for the purpose aforesaid.

Approved March 9, 1906.

1. Be it enacted by the general assembly of Virginia, That an act en.
itled an act to establish a dispensary for the sale of intoxicating liquor:
n the town of Pulaski, in the county of Pulaski, Virginia; to prohibit
ll persons, firms, corporations to sell, barter or exchange such liquors
n said town, and to repeal all laws in conflict with this act, so far as the}
pply to said town, approved March eight, nineteen hundred and four, be
mended and re-enacted so as to read as follows:

+r
$1. Be it enacted by the general assembly of Virginia, ‘That on Satur-
day, the second day of July, nineteen hundred and four, there shall be
held within the town of Pulaski, in the county of Pulaski, a special
election, at which shall be submitted to the qualified voters of the said
town the question of the establishment of a dispensary in the said town of
Pulaski, as hereinafter provided, which said election shall be held and the
returns thereof made, canvassed, and ascertained as provided by the gen-
eral election laws of the State, 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 establishment of said dispensary as provided by this act
shall scratch out the words “against dispensary,” leaving the words “for
dispensary” unseratched ; and the voter desiring to vote against the es-
tablishment of said dispensary as provided by this act shall scratch out the
words “for dispensary,” leaving the words “against dispensary” un-
scratched. ‘The certificate of the judges and clerks of said election shall
show the number of votes cast “for dispensary” and the number of votes
cast “against dispensary,” and the judges of election shall certify the
results of said election to the judge of the circuit court of the county of
Pulaski, in vacation, who shall order the same to be entered of record
upon the law book of said court. And if at said election a majority of the
voters voting thereat shall vote for the establishment of said dispensary,
as provided by this act, then it shall be unlawful for any person, firm or
corporation, in any capacity whatsoever, to sell, barter or exchange any
spirituous, vinous, malt or intoxicating liquors of any kind in the said
town of Pulaski on or after the second day of July, nineteen hundred
and four, except as hereinafter provided, and any one violating this
section shall be guilty of a misdemeanor, and upon conviction thereof
shall be fined not less than one hundred nor more than one thousand
dollars, or imprisoned not less than one month nor more than twelve
months in the jail of said county, or such person may be punished by
both fine or imprisonment, as aforesaid, in the discretion of the jurv.
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 shall vote against
the establishment of said dispensary, as provided by this act, then the
same shall not effect the gencral laws pertaining to the sale of intoxi-
cating liquors.

Notice of said special election shall be given by publication at least
ouce in some paper published in the said town and by hand bills posted
in five or more public places in said town, and at least ten days before said
election, anything in the gencral laws of the State to the contrary not-
withstanding.

$2. The judge of the circuit court of Pulaski county, either in term or
vacation, shall appoint from the citizens of said town of Pulaski three dis-
creet citizens, one of whom shall be the mayor of the town of Pulaski or
a member of its council, who shall constitute a dispensary board for the
management of said dispensary. The term of office of said board shall be
three years from the date of their appointment; should a vacancy occur
in said board, the same shall be filled by the judge of the cireuit court of
Pulaski county.
Before entering upon the discharge of the duties of the office, the mem-
bers of the board shall make oath that they shall well and truly carry
out, to the best of their ability, all the provisions of this act.

The judge of the circuit court of Pulaski county shall have the right
to remove either of the members of said board appointed by him, when in
his judgment such member has violated his oath or been guilty of mal-
feasance in the office.

The duty of the chairman of said board shall be to audit and approve
all the bills contracted by said board, and shall receive for his services the
sum of fifty dollars per annum. The other members shall receive for
their services the sum of twelve dollars per annum.

$3. It shall be the duty of said dispensary board to provide a suitable
place for the sale of spirituous, vinous, malt and other intoxicating
liquors at the said town, where such liquors shall be kept for sale under
the direction of said dispensary board by a manager, who shall be ap-
pointed by said board, and who shall have charge of said dispensary
subject to the control of said board; said manager shall be subject. te
dismissal at the pleasure of the dispensary board; he shall give bond ir
the sum to be fixed by said dispensary board, not less than five hundred
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 town. He shal
he paid a salary to be fixed by said dispensary hoard, not exceeding the
sun of fifty dollars per month. It will be the duty of the manager tc
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 thi
supervision of the dispensary board a stock of spirituous, vinous, an¢
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 thc
treasurer of the town of Pulaski out of moneys in his hands to the credit
of said dispensary upon presentation of such bills, approved in writing by
the chairman of the dispensary board, and said manager shall sell only
for cash, and shall turn over all moneys received by him to the treasure1
of the town of Pulaski once a week, and the said treasurer shall keep ¢
separate account of the moneys so received and paid out by him, and he
shall receive as compensation for receiving and paying out said money on
per centum upon receipts.

§5. The said dispensary board shall from time to time make rules anc
regulations for the operation of said dispensary, but in no event shal
wines and liquors be sold to any person known to be an habitual drunk
ard, to minors, or to persons intoxicated, except upon the prescription of ¢
regularly licensed physician.

$6. The dispensary shall not be opened before sunrise, and shall by
closed at sunset each day, and shall be closed on Sundays, election days
and under the same circumstances as make the sale of liquor unlawfu
under the laws of this State. The room in which said business shall |
conducted shall front on some public thoroughfare, and shall have mm
other means of ingress or egress except the front door thereof.

$7. The price at which spirituous, vinous, and malt liquors shall bi
sold shall be fixed by the said 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 when-
ever 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 necessa
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 are
bottled in such size packages as may be suggested by the said manager,
and securely corked and sealed and the price labeled thereon. ‘The said
manager shall at no time keep, or allow to be kept, any broken or un-
sealed 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 or more than four gallons, and it shall be unlawful for the
said manager or any other person to open any such package, or bottles,
or to drink any liquor of any kind within such distance from the entrance
to the dispensary that the said board may prescribe. Said manager shall
make a monthly report to the dispensary board, showing the amount of
purchases and sales in the preceding month, and the stock on hand on
the last day of the month.

§8. Said dispensary board may in their discretion 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 as are not known on the market as pure and un-
adulterated, and the said 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, so 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 said dispensary for the purpose of selling
again, they shall direct the manager as to quantity to be sold to such per-
son 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 per-
sons 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 certificate of a
reputable physician that such liquors are needed for medical purposes.

§10. The 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
dispensary, 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.

$11. Any debt incurred by said dispensary board shall be upon the
credit of said dispensary alone.
3. 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 is
violating this provision and refuses to leave at the request of the manager
shall be punished, upon conviction, in a justice’s court as a misdemeanor,
and shall be fined not exceeding five dollars.

§12. 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
itemized expenses of said dispensary, salary paid manager, dispensary
board, and all other moneys expended on account of said dispensary, and
money received on account thereof.

§13. The net profits accruing from said dispensary under this act

shall be disposed of in the following manner: One-cighth to the State of
Virginia, and the balance to the said town of Pulaski, to build and keep
in repair the streets, roads, sidewalks and bridges in said town, and to
build new electric light or water plants in said town, or to improve, repair
or enlarge the present light and water plants in said town, or to redeem
any bonds or other evidences of debt that may hereafter be issued by the
xaid town for the erection of electric light or water plants for the use of
said town, or for the enlargement and improvement of the water and light
plants now owned by the said town: provided, that the council of the said
town of Pulaski shall appropriate and apply at least ($5,000) five thou-
sand dollars per annum for the redemption of said bonds or other evi-
dences of debt. or for the creation of a sinking fund for the ultimate
payment of the said bonds or other evidences of debt. Such distribution
shall be made when ordered by the dispensary board, and at least once a
vear.
$14, 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
elubroom or other place at which intoxicating liquors are received or
kept for sale or distribution or division among members of any club or
association, shall be guilty of misdemeanor and punished by a fine of not
less than one hundred dollars nor more than one thousand dollars, or by
confinement in jail of not Jess than one month nor more than twelve
months, or both.

$15. All laws or parts of laws in conflict with this act are hereby re-
vealed so far as they relate to the town of Pulaski, in Pulaski county,
Virginia.