Chap. 484.——An ACT to amend and re-enact section 14 of an act entitled an act
to define ardent spirits and to prohibit the manufacture, use, sale, offering
for sale, transportation, keeping for sale, and giving away of ardent spirits.
or drugs, as herein defined, except as provided herein; declaring certain
ardent spirits contraband, and prescribing procedure for search therefor
and forfeiture thereof; to prohibit advertisement of such ardent spirits:
to prescribe the jurisdiction for trial and appeals of cases arising under
this act; to prescribe the force and effect of certain evidence and prosecu-
tions for violation of this act; to create the office of commissioner of
prohibition and to define his duties and powers and compensation; defining
intoxication and who is a person of intemperate habits within the meaning
of this act; prescribing a penalty for intoxication; prescribing certain rules
of evidence in certain prosecutions under this act ; defining soft drinks;
providing how they may be sold; regulating the sale of toilet, antiseptic
preparations, patent and proprietary medicines, and flavoring extracts:
exempting certain counties and cities from certain provisions of this ac:
and authorizing additional restrictions and limitations beyond the provisions
of this act as to sale, manufacture or delivery of ardent spirits in certain
counties and cities; to provide for the enforcement of this act and to pre-
scribe penalties for the violation of this act; to appropriate out of the
treasury of the State necessary moneys for the enforcement of this act:
and to repeal chapter 146 of acts of assembly, 1916, approved March 10.
1916, and all other acts or parts of acts in conflict with this act. approve:
March 19, 1918. fH B11’

Approved March 25, 1920.

1. Be it enacted by the general assembly of Virginia, That sec-
tion fourteen of an act entitled an act to define ardent spirits and to
prohibit the manufacture, use, sale, offering for sale, transportation.
keeping for sale, and giving away of ardent spirits, or drugs as herein
defined, except as provided herein; declaring certain ardent spirits
contraband, and prescribing procedure for search therefor and for-
feitue thereof ; to prohibit advertisement of such ardent spirits ; to pre-
scribe the jurisdiction for trial and appeals of cases arising under this
act ; to prescribe the force and effect of certain evidence and prosecu-
tions for violation of this act; to create the office of commissoner of
prohibition and to define his duties and powers and compensation ;
defining intoxication and who is a person of intemperate habits within
the meaning of this act; prescribing a penalty for intoxication; pre-
scribing certain rules of evidence in certain prosecutions under this
act ; defining soft drinks, providing how they may be sold, regulating
the sale of toilet, antiseptic preparations, patent and proprietary medi-
cines, and flavoring extracts; exempting certain counties and cities
from certain provisions of this act and authorzing additional restric-
tions and limitations beyond the provisions of this act as to sale,
manufacture or delivery of ardent spirits in certain counties and cities ;
to provide for the enforcement of this act, and to prescribe penalties
for the violation of this act; to appropriate out of the treasury of the
State necessary moneys for the enforcement of this act ; and to repeal
chapter one hundred and forty-six of acts of assembly, nineteen hun-
dred and sixteen, approved March tenth, nineteen hundred and sixteen,
and all other acts or parts of acts in conflict with this act, approved
March nineteenth, nineteen hundred and eighteen, be amended and
re-enacted so as to read as follows:

Sec. 14. Issue of license to registered pharmacists ; statement re-
quired of registered pharmacists, license to hospitals, chemical labora-
tories, and statements required ; bond required upon issuance of license.
—Before a registered pharmacist shall sell ardent spirits on prescrip-
tion, or pure fruit, ethyl, or grain alcohol for scientific, mechanical
and pharmaceutical purposes, or wine for sacramental purposes on
affidavit as provided in this act, he must procure a license to do so from
the circuit court of the county, or the corporation or hustings court
of the city, provided no such license shall be required for the sale
of articles permitted to be manufactured and sold under section eight-b
of this act.

Before making application for such license notice must be posted
and continuously kept on the front door of the store or place of busi-
ness in which the privilege is to be exercised for at least thirty days
before making the application, stating the court before which and the
time at which the application will be made for license to sell pure fruit,
ethyl and grain alcohol, wine for sacramental purposes, and other
ardent spirits. Such notice shall be published once a week for three
successive weeks in some newspaper published in the county or city,
and if there is no newspaper published in the county in which the
privilege is to be exercised, the notice shall be published 1n some news-
paper having general circulation therein and shall be posted for twenty
days on the front door of the courthouse of said county. Provided,
that after the notice herein required has been posted as herein required,
for a period of five (5) days, the court having jurisdiction to grant
the license herein provided for, or the judge thereof in vacation, shall
have the right to grant a temporary permit to the applicant, subject
to the provisions as to bond herein required for a period not to excee
forty-five days.

Before the court shall grant any such license, the judge therec
shall be satisfied that the person making the application is a qualifie
voter of the State, unless the applicant is a woman, and of good mora
character, is a registered pharmacist in good standing, or employs |
registered pharmacist, that he has in his store drugs, belonging to him
and not including patent medicines and drugs to be sold on commis
sion, of the value of one thousand dollars (wholesale price), provider
that in towns of less than five hundred inhabitants the value of the
stock of drugs referred to above shall be not less than five hundrex
dollars, wholesale value, and carries on in good faith the busines:
of a pharmacist ; that he is not of intemperate habits or addicted to the
use of any narcotic drug; that he is a person of good character anc
will observe the laws controlling the sale of ardent spirits and alcohol.
that the applicant has presented satisfactory proof that there is a
necessity existing for the granting of such license, and that the sale
of ardent spirits at that place and by the applicant will not be contrary
to sound public policy or injurious to the moral or material interests
of the community. And provided further that in no case shall a license
be granted if a majority of the voters qualified to vote at the last pre-
ceding general election petition the court not to grant such license in
the following cases, namely: In a town of over one thousand inhabi-
tants, the petition shall be signed by a majority of the qualified voters
of such town; and in a town under one thousand inhabitants, the peti-
tion shall be signed by a majority of said qualified voters of the town
and magisterial district in which said town is situated; if in the
district the petition shall be signed by a majority of said qualified
voters of the magisterial district and towns of less than one thousand
inhabitants in said magisterial district.

The court may also in its discretion issue to any wholesale drug-
gist who is a qualified voter of the State and of good moral character,
a license to sell pure grain, ethyl; and fruit alcohol, to any registered
pharmacist or other person for scientific, pharmaceutical and mechani-
cal purposes or wine for sacramental purposes under the provisions of
section nine of this act; and pure grain, ethyl, and fruit alcohol, wine
for sacramental purposes, or other ardent spirits to registered phar-
macists, in Virginia only, licensed under this act, and pure grain,
ethyl, or fruit alcoho! to retail druggists outside of the State of Vir-
ginia, where the sale thereof is permitted by law; provided that any
citizen may appear personally or by counsel in opposition to the grant-
ing of any license herein provided for, provided that the provisions
of this section shall not be construed to require a license for the pur-
chase or sale of the preparations permitted to be manufactured and
sold under section eight-b of this act.

Each retail pharmacist and wholesale druggist shall file a sworn
statement with the clerk of the court granting the license on or before
the fifth of each month, stating the amount of pure fruit, ethyl, and
grain alcohol, wine or other ardent spirits, other than preparations
permitted to be manufactured and sold under section eight-b of this
act, on hand on the first of the previous month, the amount received
during the previous month, and the amount on hand the date the state-
ment is made. Nothing in this act shall prevent the superintendent of
a hospital from ordering, purchasing and receiving ardent spirits or
the superintendent of a chemical laboratory, from ordering, purchasing
or receiving pure grain, ethyl, or pure fruit alcohol for the use of the
hospital or laboratory, not to be used contrary to the provisions of this
act, and nothing shall prevent common carriers from transporting and
delivering such ardent spirits and alcohol to such hospitals or labora-
tories having license to order and receive the same, under a permit
from the commissioner, but before ordering or receiving said ardent
spirits other than preparations permitted to be manufactured and sold
under section eight-b of this act before ordering or receiving said
alcohol, the hospital or laboratory shall procure license from the
court: under the same conditions as license 1s granted to registered
pharmacists; provided, further, that it shall be unlawful for any hos-
pital to sell ardent spirits, other than preparations permitted to be
manufactured and sold under section eight-b of this act, except upon
prescription to its own patients under the same restrictions and reports
required of registered pharmacists ; and provided, further, that chemi-
cal laboratories shall make report as required of registered pharma-
cists of the disposition and use of all alcohol received by them.

If the license is granted the applicant shall give bond in the penalty
of not less than one thousand dollars, nor more than ten thousand
dollars, as the court may require, with security to be approved by the
court and with condition that he will not dispense or sell any ardent
spirits or alcohol, except under and in accordance with the provisions
of this act.

2. An emergency existing, this act shall be in force from its
passage.