Chap. 228.—An ACT to submit to the qualified voters of the town of Emporia.
Virginia, at the next general election in June, 1906, for the election of
mayor and councilmen, the question of the establishment of a dispensary
for the sale of intoxicating liquors in the said town, and further to provide
for the conduct of the said dispensary, and to prohibit thereafter within
said town, or within the county of Greenesville, Virginia, the making, sale.
barter, or exchange of intoxicating liquors by all persons, firms, or corpo
rations, except as provided herein.

Approved March 15, 1906.

1. Be it enacted by the general assembly of Virginia, ‘That at the next
general election in June, nineteen hundred and six, held for the election
of mayor and councilmen for the town of Emporia, Virginia, at whic)
said election the qualified voters of the said town shall vote upon the
question of establishing municipal dispensary in said town, as hereinafter
provided. The official ballot provided at the said general election shali
contain the words “for dispensary” and the words “against dispensary.”
and the voters desiring to vote for said dispensary shall seratch the words
“against dispensary,” “and the voters desiring to vote against dispensary
shall scratch out the words “for dispensary.” The certificate of the
judges and clerks of the election shall show the number of votes cast for
dispensary, and the number of votes cast against the dispensary, and shal!
certify the result of said election to the said town council to be spread
upon the minutes thereof. And if a majority of the voters voting at
such election shall vote to establish a dispensary, then it shall be unlawful
for anv person, firm, or corporation in any capacity whatever to sell, make.
harter. or exchange any spirituous, vinous, malt, or intoxicating liquors
of any kind in the town of Emporia, Greenesville county, Virginia, or
within the county of Greenesville, Virginia, —————, except to engage
in a retail and shipping business in quantities not exceeding four vand
seven-eighths gallons at any time to any individual, to all points out of
the town of Emporia, and out of the county of Greenesy ille, Virginia, and
to engage in the manufacture of liquors from cider or fruits and to en-
gage in a rectifying and wholesale business, except as hereinafter pre-
vided: and any person violating this act shall be guilty of a misdemeanor.
and upon conviction shall be fined not less than fifty dollars for each
offense or imprisoned in the county jail not to exceed twelve months.
or both.

2. The judge of the circuit court of the county of Greenesville, Vir-
ginia, shall immediately upon the passage of this act appoint three citi
zens of the said town, who shall constitute a dispensary board for tlie said
town. whose term of office shall begin on the day they are appointed, and
expire two years from the day on which they are appointed, and their suc-
cessors shall be appointed regularly every two years thereafter. All va-
cancies occurring in the said dispensary board shall be filled by the ap-
pointment of the circuit court, or the judge thereof in vacation, for the
unexpired term, and the said circuit court, or the judge in vacation, shall
have power to remove any member of said dispensary board who fails or
refuses to carry out the provisions of this act, and there shall be no
appeal from the action of said court or order of said judge in vacation,
when the said court or judge shall remove a member of the said board.
But before entering upon their duties the members of the said dispensary
board shall make and subscribe an oath that they will well and truly
carry out, to the best of their ability, all the provisions of this act, and all
town ordinances relating thereto. The said board shall elect one of its
members as chairman, whose duty it shall be to audit and approve all the
bills contracted by the said board, and shall receive for his services the
sum of one hundred dollars per year.

3. It shall be the duty of the said dispensary board herein provided
for to provide two suitable buildings, or two places, one place so pro-
vided shall be on the north side of the Meherrin river, and the other place
shall be on the south side of the Meherrin river, both in the town of
Emporia, and the said dispensary board shall select and purchase an
ample stock of spirituous, vinous, and malt liquors to meet the require-
ments of the trade, which shall be kept and sold in the said two places
provided by the said board as above; and the said board shall provide the
necessary clerical force to do the business of the dispensaries at a salary
to be fixed by the said board; and the said board shall make an inventory
of the first stock of liquors with which the business of the dispensaries
are begun, before any are offered for sale, and return the same to the
town council of Emporia, Virginia, and every three months thereafter
the said board shall make an inventory of the stock on hand the last day
of the preceding month, and return the same to the said town council.

4. There shall be two managers, to be chosen by the said dispensary
hoard, who shall have charge of the said dispensaries, or two places for
sale of liquors, subject to the control of the said dispensary board, and
they shall be subject to the dismissal at the pleasure of the said dispen-
sary board. It shall be the duty of the said managers to supervise and
manage the sale of spirituous, vinous, and malt liquors within the cor-
porate limits of the said town as herein provided, and see that the pro-
visions of this act and ordinances that may be passed by the town council
and regulations relative thereto are carried out; and to recommend to the
dispensary board the purchase of such spirituous, vinous, and malt liquors
as they deem suitable for the business of the said dispensaries, and shall
make monthly reports to the town council, showing the purchase and
amount of sales for the preceding month, and all bills incurred for the
establishment and maintenance of the dispensaries, and the purchase of
stock, from time to time, shall be paid by the treasurer of the town of
Emporia, upon presentation of such bills, approved in writing by the
chairman of the dispensary board and said general managers. The said
managers shall sell only for cash, and shall turn over all moneys received
lw them to the treasurer of the town of Emporia, who shall keep a sepa-
rate account of the same. The said managers shall give bonds in the
sums to be fixed by the said dispensary board for the faithful discharge o
their duties, and for the payment of all sums of money received by then
to the treasurer of the town of Emporia, and they shall be paid a salary
to be fixed by the said dispensary board; and it shall be the duties of the
said managers to keep registers, on which shall be kept a record of the
quantity sold, price paid, and date of sale.

5. The said dispensary board shall make, from time to time, rules and
regulations for the operation of the said dispensaries, but in no event
shall wine 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 dispensaries shall not be opened
before sunrise, and shall be closed at sunset each day, and they shall be
closed on Sundays, election days, and such other days, and under the
same circumstances as makes the sale of liquors unlawful under the laws
of the State. The price at which spirituous, vinous, and malt liquors
shall be sold shall be fixed by the dispensary board.

6. The managers of said dispensaries shall sell to no person or persons
any spirituous, vinous, or malt liquors, except in sealed packages, and
whenever an original package is broken it shall be at once bottled and
sealed and the price labeled thereon. The said manager shall not at any
time keep, or allow to be kept, any broken or unbroken packages of liquor
in the said dispensaries, either for their own use or for the use of any
other person or persons. The amount of liquor sold in the said sealed
packages in the said dispensaries shall in no case be less than one-half
pint, nor more than four gallons, and it shall be unlawful for the said
managers, or any other person, to open any such package or bottle, or to
drink any liquor of any kind within the said dispensaries or within such
distance from the entrance to the said dispensaries as the said board mav
prescribe. The 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 on the last day of the month.

Y. The price at which the liquor shall be sold in the said dispensaries
shall not be less than twenty-five per centum, nor more than ninety per
centum above the cost price of said liquors, including freight and dravage.

8. The 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 dis-
pensaries 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 con-
demned by the chemist making the analysis as impure and unwholesome,
such liquors shall not be sold at said dispensaries, and the same shall be
returned to the persons from whom purchased, and pavment for same
refused.

9. No liquors shall be sold in said dispensaries to persons purchasing
for the purpose of selling again, and said dispensary board is required
to make rules and require the managers 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 dispensaries for the purpose of selling again,
they shall direct the managers 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 such case, if the board become 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 man-
agers 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, and shall have the power to do all other things not
contrary to law in order to carry out the true intent of this act.

10. No liquor shall be sold except for cash, and the net profits arising
from the sale of the said liquors by the dispensaries shall be distributed
as follows: One-eighth to the State, one-eighth to the county school board
for the public schools of the county, and six-eighths to the town of Em-
poria for general purposes, such distribution to be made semi-annually
by the town of Emporia.

11. The receipts from the sales made by the said dispensaries shall be
deposited daily by the said managers, one-half in the merchants’ and
farmers’ bank and one-half in the Greenesville bank of Emporia, Vir-
ginia, to the credit of the treasurer of the town of Emporia.

12. The managers of the said dispensaries shall not allow any person
or persons to loiter in or about the said dispensaries, and any person who
is violating this provision and refuses to leave at the request of the man-
agers shall be punished upon conviction in the mayor’s court of the said
town, as may be prescribed by the ordinances of the said town, and the
council of the town of Emporia shall, from time to time, pass such ordi-
nances as may be necessary to carry out the provisions of this act, and
shall prescribe suitable penalties for violation of the said ordinances.

13. The council of the town of Emporia is authorized to borrow suffi-
cient money in amount to purchase the first stock of liquors for the dis-
pensaries, and pledge the said stock of liquors, and the receipts from the
sale thereof as securitv for the money borrowed for this purpose. The
first stock of liquors for the dispensaries shall be purchased for cash, and
all future stock on thirty days or cash by the dispensary board, and the
invoices for all purchases on time shall be submitted to and audited by the
‘dispensary board once a month, and the town council shall order the
treasurer to mail checks in payment of same.

14. 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 item-
ized expense of said dispensaries, salary paid managers, dispensary board,
and al] other moneys expended on account of the said dispensaries, and
money received on account thereof.

15. The members of the said board other than the chairman shall be
paid for their services five dollars each per month.

16. The treasurer of said town shall be liable on his official bond for
all money received by him hereinunder, and shall receive for his services
one-third of one per centum for receiving and disbursing the same. He
shall deposit all moneys paid to him under this act, one-half in the
Greenesville bank and one-half in the merchants’ and farmers’ bank of
Emporia, Greenesville county, Virginia, and he shall disburse the said
funds as directed by the said dispensary board under the terms of this
act.

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
elub-room or other place in which intoxicating liquors are received or
kept for sale, or distribution or division among members of any club or
association, shall be guilty of a misdemeanor, and punished by a tine of
not less than one hundred dollars nor more than one thousand dollars for
each offense, or by confinement in jail of not less than one month nor
more-than twelve months, or both.

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

19. All laws or parts of laws in conflict with this act are hereby re-
pealed so far as applicable to the town of Emporia, Greenesville county,
Virginia, or within the county of Greenesville, Virginia.

20. An emergency existing for the immediate enactment of this law,
the same shall be in force from its passage.

Whereas the next general election held for the election of mayor and
councilmen for the town of Emporia, Virginia, will be held on the first
Tuesday in June, nineteen hundred and six; and whereas, without an
emergency clause being enacted in this bill, the said general election will
be held before this act can take effect; and therefore an emergency ex-
isting for the immediate enactment of this law, the same shall be in force
from its passage.