Chap. 245.—An ACT to establish a dispensary, or dispensaries, for the sale
of intoxicating liquors, in the city of Radford, Virginia; to prohibit all
persons, firms, and corporations to sell, barter, or exchange such liquors in
said city, and to repeal all laws in conflict with this act so far as they
apply to said city.

Approved March 15, 1906.

1. Be it enacted by the general assembly of Virginia, That on Thurs-
day, the fifth day of July, nineteen hundred and six, there shall be held
within the city of Radford, Virginia, a special election, at which shall be
submitted to the qualified voters of the said city who were qualified to
vote on November, nineteen hundred and five, election, the question of the
establishment of a dispensary in the said city of Radford, as hereinafter
provided, which said election shall be held and the returns thereof made,
canvassed, and ascertained as provided by the general 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 estab-
lishment of said dispensary, as provided by this act shall scratch out the
words “against dispensary,” leaving the words “for dispensary” un-
scratched; and the voter desiring to vote against the establishment o!
said dispensary as provided by this act shall scratch out the words “for
dispensary,” leaving the words “against dispensary” unscratched. 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 dis-
pensary,” and the judges of election shall certify the results of said ele-
tion to the judge of the corporation court of the city of Radford, either in
term or 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
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, exchange any
spirituous, vinous, malt, or intoxicating liquors of any kind in the said
city of Radford, on or after the tenth day of July, nineteen hundred and
six, except as hereinafter provided, and any one violating this section
shall be guilty of 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 city, or such person may be punished by both fine and im-
prisonment, as aforesaid, in the discretion of the jury, 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 affect
the general laws pertaining to the sale of intoxicating liquors.

2. Notice of said special election shall be given by publication at least
once in some paper published in said city or by hand-bills posted in ten
or more public places in said city, and at least ten days before said ele-
tion, anything in the general laws of the State to the contrary notwith-
standing.

3. The judge of the corporation court of the city of Radford, either in
term or in vacation, shall appoint from a list of six discreet citizens of
the city of Radford, who shall be recommended to him by the city coun-
cil of the city of Radford, one of whom shall be the mayor or a member
of the city council, three citizens, who shall constitute a dispensary board.
for the management of said dispensary or dispensaries. The term of
office of said board shall be three years from the date of their appoint-
ment; should a vacancy occur in the board, the same shall be filled by the
judge of the corporation court of the city of Radford.

4. Before entering upon the discharge of the duties of the office, the
members 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.

5. The judge of the corporation court of the city of Radford shall have
the right to remove any of the members of said board appointed by him
when in his judgment such member has violated his oath or been guilty
of malfeasance or misfeasance in the office.
6. The duty of the chairman of said board shall be to audit and ap-
prove all 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.

It shall be the duty of said dispensary board to provide a suitable
pac or places, but not more than one place in each ward of said city, for
the sale of spirituous, vinous, malt, and other intoxicating liquors in the
said city where such liquors shall be kept for sale under the directions of
said dispensary board by a manager, who shall be appointed by said
hoard. and who shall have charge of said dispensary, subject to the con-
trol of said board; said manager shall be subject to dismissal at the
pleasure of the dispensary board: he shall give bond in 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 city. He shall be paid a salarv
to be fixed by said dispensary board, not exceeding the sum of seventy-
five dollars per month. It will be the duty of the manager to keep a
register, on which shall be kept a record of the quantity sold, price paid.
and date of sale. If more than one dispensary is established, there shall
he a manager for each dispensary.

8. The manager of the dispensary shall at all times keep under the
supervision of the dispensary board a stock of spirituous, vinous, and
malt liquors in such quantities as the dispensary board shall direct, and
all bills ineurred for the establishment and maintenance of the dispensary
and the purchase of stock from time to time shall be paid by the treas-
urer of the city of Radford out of the moneys in his hands to the credit
of said dispensary upon presentation of such bills, approved in writing
hy 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 treasurer
of the city of Radford at least once a week, and the said treasurer shall
keep a 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 one-half of one per centum upon receipts. Said manager shall
make a monthly report to the dispensary board, showing the amount of
purchase and sales for the preceding month, and the amount of stock on
hand on the last day of said month.

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

10. The treasurer of the said city shall be liable on his official bond for
all monevs received by him hereunder, which hond shall be in sufficient
penalty to cover his receipts hereunder as well as the other receipts of
his office; and no money shall be received by him hereunder until such
bond with approved security, shall be given. The said council shall caus
said treasurer to deposit all dispensary fupds received by him in som
bank to the credit of the dispensary as a separate fund.

11. 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
a regularly licensed physician.

12. The council of the city of Radford shall, from time to time, pas
such ordinances as may be necessary to carry out the provisions of thi:
act, and shall prescribe suitable penalties for any violation thereof.

13. The dispensary shall be opened and closed at such hours as the
board may direct, and shall be closed on Sundays, election days. and
under the same circumstances as make the sale of liquors unlawful under
the laws of this State. The rooms in which said business shall be con-
ducted shall front on some public thoroughfare, and shall have no other
means of ingress and egress except the front door thereof.

14. The price at which spirituous, vinous, and malt liquors shall be
sold shall be fixed by the dispensary board.

15. The manager of said dispensary shall 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 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
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 hot-
tled in such size 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 broken or unsealed
packages of liquor in said dispensary or dispensaries, either for his own
use or for the use of any person or persons. The amount of liquor sold
in said 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 person to open any such package or bottle, or to drink
any liquor of any kind within such distance from the entrance to the dis-
pensary or dispensaries that the said board may prescribe.

16. 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 unadul-
terated, and the said board may have the liquors purchased analyzed from
time to time to ascertain if they are pure as represented. If anv liquors
are condemned by the chemist making the analysis as impure and un-
wholesome, 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.

17. No liquors shall be sold in said dispensary or dispensaries to per-
sons purchasing for the purpose of selling again, and said dispensary
loard is required to make such rules and require the manager to make
such investigation and to do such things as will, so far as practicable,
prevent persons from so purchasing; and if the said board becomes satis-
fed that any person or persons have purchased, or are purchasing liquor
from said dispensary or dispensaries for the purpose of selling 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 prevent a resale, and in
vase such board becomes satisfied that any person or persons are directly
nr indirectly purchasing repeatedly, for the purpose of reselling, then the
(ispensarv 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
hoard shall have power to employ attorneys, agents. or detectives to assist
and aid in the detection and prosecution of any violation of this act; em-
ploy such assistance as may be necessary to properly conduct said dis-
pensaries ; 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.

18. Any debt incurred by said dispensary board shall be upon the
credit of the said dispensary alone.

19. 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 man-
ager shall be punished, and upon conviction shall be fined not exceeding
five dollars.

20. 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 liquor, the item-
ized expenses of said dispensary, salary paid manager, dispensary board.
and all other money expended on account of said dispensary, and money
received on account thereof.

21. In establishing said dispensary or dispensaries, said dispensary
hoard may purchase from the present liquor dealers in Radford such of
their stock on hand tenth day of July, nineteen hundred and six, and as
mav be desirable to keep in said dispensary: provided, thev shall not pay
more than wholesale cash price for the same: and provided, that they shall
he satisfied that the same is pure.

22. The net profits accruing from said dispensary shall be disposed of
in the following manner: One-eighth to the State of Virginia, two-eighths
to the school board of the city of Radford for school purposes, to be pro-
portioned ratably hetween the two wards of said city, and the remainder
to the said city of Radford for its general purposes. Such distribution
shall be made when ordered by the dispensary board, and at least once
a vear.

23. Anv person or persons who shall, directlv or indirectly, keep or
maintain by himself, or by association or combination with others, or
who shall in any manner aid, assist, or abet in keeping or maintaining any
club-room or other place at which intoxicating liquors are received or kept
for sale or distribution or division among members of any club or asso-
ciation, shall be guilty of a 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 less than one month nor more than twelve
months, or both. .

24. After a period of two years from the passage of this act, on the pe-
tition of one-fourth of the registered voters of said city, the corporation
court shall order an election on the question of continuing or discontin-
uing the dispensary system, and if discontinued whether or not liquor
license shall be granted. The court shall provide for such election by ap-
pointing judges, prescribing the form of ballots, and whatever else may
be necessary to have the election properly held, and the result ascertained
and certified. The returns of the election shall be made to the corpora-
tion court and entered of record.

The persons who were qualified to vote at the last preceding election.
whether it was for the citv officers or the general November election, shall
be qualified voters for such special election.

25. All laws or parts of laws in conflict with this act are hereby re-
pealed so far as they relate to the city of Radford, Virginia.