An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1934 |
---|---|
Law Number | 94 |
Subjects |
Law Body
Chap. 94.-An ACT to legalize, regulate and control the manufacture, bottling,
sale, distribution, transportation, handling, advertising, possession, dispensing,
ilrinking and use of alcohol, brandy, rum, whiskey, gin, wine, beer, lager beer,
ile, porter, stout, and all liquids, beverages and articles containing alcoho!
ybtained by distillation, fermentation or otherwise; to create a Department of
Alcoholic Beverage Control and a Virginia Alcoholic Beverage Control Board
and to define and provide for the functions, duties and powers thereof; to pro-
vide for the appointment, suspension, removal, compensation, costs, and expenses
of such Board and its members, officers, agents and employees; to provide for
licensing and taxing manufacturers, bottlers, wholesalers and retailers of al-
cohol, brandy, rum, whiskey, gin, wine, beer, lager beer, ale, porter, stout, and
ull liquids, beverages and articles containing alcohol, by the State and the
sounties, cities, and towns thereof; to impose excise taxes on such liquids, bev-
rages and articles; to appropriate money for the administration of the act and
to provide for the disposition of revenues collected under the act; to provide
for the confiscation and disposition of articles declared contraband hereunder ;
0 authorize the dismissal and termination of pending warrants, indictments,
sharges and prosecutions involving violations of laws, ordinances and by-laws
pertaining to liquids, beverages and articles containing alcohol, to authorize
the restoration of certain property seized in connection therewith, and to
authorize the suspension of sentences imposed for violations of such laws,
ordinances and by-laws; to make provision whereby the penalties for the
violation of acts repealed by this act may be the same as those provided in
this act; to impose penalties for violations of the act; to repeal all acts and
parts of acts in conflict herewith, and to provide that this act shall constitute
and be designated and cited as “The Alcoholic Beverage Control A B 33]
Approved March 7, 1934
|. Be it enacted by the General Assembly of Virginia as follows:
Section 1. Title—This act may be cited as “The Alcoholic Beverage
trol Act.”
Section 2. Definitions—The following terms, wherever used or re-
ferred to in this act, shall have the following meaning unless a different
meaning clearly appears from the context:
(a) “Alcohol” shall mean the product known as ethyl or grain
alcohol obtained by distillation of any fermented liquor, rectified either
once or oftener, whatever may be the origin thereof, and shall include
synthetic ethyl alcohol, but shall not include methyl alcohol and alcohol
completely denatured in accordance with formulas approved by the
government of the United States; the word “alcohol” when used in the
phrase “more than three and two tenths per centum of alcohol by
weight” shall mean all alcohol whether obtained by distillation, fermen-
tation or otherwise;
(b) “Alcoholic beverages” shall include the four varieties of liquor
defined herein as alcohol, spirits, wine and beer, and any one or more
of such varieties, and every liquid or solid, patented or not, containing
alcohol, spirits, wine or beer and capable of being consumed by a human
being. Any liquid or solid containing more than one of the four varie-
ties above defined shall be considered as belonging to that variety which
has the higher percentage of alcohol, however obtained, according to
the order in which they are set forth in this subsection;
(c) “Beer” shall mean any beverage obtained by the alcoholic fer-
mentation of an infusion or decoction of barley, malt and hops or of
any similar products in drinkable water and containing, unless otherwise
expressly provided, more than three and two-tenths per centum of
alcohol by weight ; this definition shall include ale, porter and stout;
(d) “Board” shall mean the Virginia Alcoholic Beverage Control
Board ;
(e) “Bottle” shall mean any vessel intended to contain liquids and
having a capacity of not more than forty-three ounces;
(f{) “Club” shall mean any non-profit corporation or association
which is the owner, lessee or occupant of an establishment operated
solely for objects of a national, social, patriotic, political, or athletic
nature, or the like, but not for pecuniary gain, the advantages of which
belong to all the members; it also shall mean the establishment so
operated ;
(g) “Dentist” shall mean any person duly authorized to practice
dentistry pursuant to the laws of Virginia;
(h) “Dining-room” shall mean a public room in which full meals
are regularly served ;
(1) “Druggist” shall mean any person duly authorized to operate
a pharmacy pursuant to the laws of Virginia;
(j) “Establishment” shall mean any place where alcoholic bev-
erages of one or more varieties are manufactured, sold or used pursuant
to the provisions of this act;
(k) “Government store” shall mean a store established by the Board
under this act for the sale of alcoholic beverages or any one or more
varieties thereof ;
(1) “Hotel” shall mean any duly licensed establishment, provided
with special space and accommodation, where, in consideration of pay-
ment, food and lodging are habitually furnished to persons, and which
has ten or more bedrooms; it shall also mean the person who operates
such hotel;
(m) “Interdicted person” shall mean a person to whom the sale of
alcoholic beverages is prohibited by order pursuant to this act;
(n) “Intoxicated”: any person who has drunk enough alcoholic
beverages to so affect his manner, disposition, speech, muscular move-
ment, general appearance or behavior, as to be apparent to observation,
shall be deemed to be intoxicated ;
(n-a) “Justice” and “justice of the peace” shall mean and include
a justice of the peace, trial justice, police justice, civil and police jus-
tice and judge of a juvenile and domestic relations court;
(o) “Manager” shall mean the appointee of the Board in charge
of a government store ;
(p) “Member of a club” shall mean a person who maintains his
membership in the said club by the payment of monthly, quarterly or
annual dues in the manner established by the rules and regulations
thereof ;
(q) “Package” shall mean any container, bottle, vessel or other re-
ceptacle used for holding alcoholic beverages ;
(r) “Person” shall include an individual, partnership, association or
corporation ;
(s) “Physician” shall mean any person duly authorized to practice
medicine, pursuant to the laws of Virginia;
(t) “Public place” shalh mean any place, building or conveyance to
which the public has, or is permitted to have, access, including restau-
rants, soda fountains, and hotel dining rooms and lobbies and corridors
of hotels, and any highway, street, lane, park or place of public re-
sort or amusement ;
(u) “Residence” shall mean any building or part of a building or
tent where a person resides, but does not include any part of a building
which part is not actually and exclusively used as a private residence,
nor any part of a hotel or club other than a private guest room thereof ;
(v) “Restaurant” means any establishment, provided with special
space and accommodation, where, in consideration of payment, food
(without lodging) is habitually furnished to persons;
(w) “Sale” and “sell” shall include exchange, barter and traffic, and
any delivery made otherwise than gratuitously, by any means whatso-
ever, of alcoholic beverages; to solicit or receive an order for alcoholic
beverages; to keep, offer or expose the same for sale; to peddle;
(x) “Spirits” shall mean any beverage which contains alcohol ob-
tained by distillation mixed with drinkable water and other substances
in solution, and includes, among other things, brandy, rum, whiskey
and gin; but shall not include any such liquors completely denatured
in accordance with formulas approved by the United States;
(y) “Veterinary” shall mean any person duly authorized to prac-
tice veterinary science pursuant to the laws of Virginia;
(z) “Wine” shall mean any beverage obtained by the fermentation
of the natural sugar contents of fruits or other agricultural products
containing sugar, including honey and milk, either with or without addi-
tional sugar, and containing more than three and two-tenths per centum
of alcohol by weight.
(z-a) “Wholesale druggists” shall mean any person duly author-
ized to manufacture, sell, deliver and ship drugs and medicines to
others for the purpose of resale.
Section 3. Department of Alcoholic Beverage Control; Virginia
Alcoholic Beverage Control Board created.—(a) There is hereby created
as a department of the Commonwealth of Virginia the Department of
Alcoholic Beverage Control. The said department shall consist of the
Virginia Alcoholic Beverage Control Board and the officers, agents and
employees of the Board.
(b) The Board shall consist of three members appointed by the
Governor. One of the members of the Board shall be appointed for a
term of one year, one for a term of three years, and one for a term of
five years; subsequent appointments shall be for a term of five years
each, except appointments to fill vacancies which shall be for the un-
expired terms. The Governor shall designate one of the members of
the Board chairman thereof. The Board, under rules adopted by itself,
may elect one of its members chairman pro tempore and another or
some other person as secretary. Two members of the Board shall con-
stitute a quorum.
(c) Each member of the Board shall receive a salary to be fixed
by the Governor and not to exceed the sum of seventy-five hundred
dollars ($7,500.00) per annum.
(d) Members of the Board may be suspended or removed by the
Governor at his pleasure and shall also be subject to impeachment under
the provisions of section fifty-four of the Constitution of Virginia.
(e) Each member of the Board shall, before entering upon the dis-
charge of his duties, take and subscribe the oath of office required by
section thirty-four of the Constitution of Virginia, and give bond pay-
able to the Commonwealth of Virginia, in form approved by the Attor-
ney General, in such penalty as shall be fixed from time to time. by the
Governor, with some surety or guaranty company duly authorized to
do business in Virginia and approved by the Governor as security,
conditioned upon the faithful discharge of his duties; the premium of
such bonds shall be paid by the Commonwealth and the bonds shall
be filed with and preserved by the Comptroller.
(f) Each member of the Board shall devote his full time to the
performance of his official duties.
(zg) No member, officer, agent or employee of the Board shall, di-
rectly or indirectly, individually, or as a member of a partnership or of
an association, or as a member or stockholder of a corporation, have
any interest whatsoever in the manufacture of or in dealing in alcoholic
beverages, or in any enterprise or industry in which alcoholic beverages
are required, or receive any commission or profit whatsoever from or
have any interest whatsoever in the purchase or sale of alcoholic bev-
erages by the Board or by any other person whatsoever, or have any
interest in or mortgage or deed of trust on any land or building where
alcoholic beverages are manufactured for sale, kept for sale, offered
for sale or sold, or any personal property used therein, or in any con-
tract, other than his contract of employment, made with the Board.
The provisions of this subsection shall not prevent any member,
officer, agent or employee of the Board from purchasing and keeping in
his possession, for the personal use of himself, members of his family
or guests, alcoholic beverages which may be purchased or kept by any
person by virtue of this act.
(h) The main office of the Board shall be located in the city of
Richmond.
Section 4. Functions, duties and powers of Board.—The functions,
duties and powers of the Board shall be as follows:
(a) To buy, import and sell alcoholic beverages other than beer,
and to have alcoholic beverages in its possession for sale;
(b) To control the possession, sale, transportation and delivery of
alcoholic beverages by the Board;
(c) To determine the localities within which government stores
shall be established and operated and the location of such stores ;
(d) To make provision for the maintenance of warehouses for
alcoholic beverages and to control the delivery of alcoholic beverages
to and from such warehouses, and the keeping of the same therein ;
(e) To lease, occupy and improve any land or building required for
the purposes of this act;
(f) With the consent of the Governor, to purchase or otherwise
acquire title to any land or building required for the purposes of this
act and to sell and convey the same by proper deed;
(g) To purchase, lease or acquire the use by any manner what-
soever of any plant or equipment which may be considered necessary
or useful in carrying into effect the purposes of this act, including recti-
fying, blending and processing plants; the Board is hereby empowered
to purchase, build, lease and operate distilleries and to manufacture
alcoholic beverages if in its opinion the purposes of this act can be
thereby promoted;
(h) To determine the nature, form and capacity of all packages to
be used for containing alcoholic beverages to be kept or sold under this
act, and to prescribe the form and contents of all labels and seals to
be placed thereon ;
(1) To appoint every officer, agent and employee required for its
operations, dismiss them, fix their salaries or remuneration, assign
them their official positions and titles, define their respective duties and
powers, require them or any of them to give bonds payable to the
Commonwealth, in such penalty as shall be fixed by the Board, and
engage the services of experts and of persons engaged in the practice
of a profession; all salaries or remuneration in excess of one thousand
dollars per annum shall first be approved by the Governor; officers,
agents of the Board and managers of government stores are authorized
and empowered, upon displaying official badge or reasonable evidence
of authority to arrest persons for any disorderly conduct in or about
any government stores or property of the Board, or for violations of
the provisions of this act upon the premises, committed in their pres-
ence ;
(j) To hold and conduct hearings, to issue subpoenas requiring the
attendance of witnesses and the production of records, memoranda,
papers and other documents before the Board or any officer or agent
thereof, and to administer oaths and to take testimony thereunder ; in
its discretion to authorize any member, officer or agent of the Board to
hold and conduct hearings, issue subpoenas, and administer oaths and
take testimony thereunder ;
(k) Until such time as the Board may have issued licenses under
the provisions of this act for the sale of alcoholic beverages, and
established government stores conveniently located to supply licensees,
the chairman of the Board may issue permits for the purchase and the
transportation of alcoholic beverages to such persons and for such
purposes as before the effective date of this act may have been issued
by the Attorney General, under the provisions of chapter four hun-
dred and seven of the Acts of the General Assembly of nineteen hun-
dred and twenty-four, and the chairman of the Board may, but is not
required, to permit the sale by persons authorized to make sale of such
alcoholic beverages under the provisions of and as provided in the
aforesaid act, and of such alcoholic beverages as shall have been
acquired prior to the effective date of this act, including such alcoholic
beverages as are in transit.
(1) Generally to do all such things as may be deemed necessary or
advisable by the Board for the purpose of carrying into effect the pro-
visions of this act.
Section 5. Power to make regulations; how published; effect there-
of.—(a) The Board may from time to time make such regulations not
inconsistent with this act as the Board shall deem necessary for carry-
ing out the provisions of this act, and from time to time alter, repeal,
or amend such regulations or any of them. Such regulations shall be
published at least once in some newspaper published in the city of
Richmond and in any other manner which the Board may deem ad-
visable, and upon being so published shall have the force and effect of
law.
(b) Nothing in this act contained shall require such regulations to
be uniform in their application.
(c) Prima facie evidence of any such regulation may be given in
all courts and proceedings by the production of what purports to be an
officially printed copy of such regulation, alteration, repeal or amend-
ment.
Section 6. Civil liability of Board members; suits by and against
Board.—(a) No member of the Board may be sued civilly for doing
or omitting to do any act in the performance of his duties as prescribed
by this act, except by the Commonwealth, and then in the circuit court
of the city of Richmond. Such proceedings by the Commonwealth
shall be instituted and conducted by the Attorney General.
(b) The Board may in the name of the Commonwealth of Vir-
ginia at the relation of the Virginia Alcoholic Beverage Control Board
be sued in the circuit court of the city of Richmond to enforce any
contract made by the Board or to recover damages for any breach
thereof and may defend such proceedings and may institute proceedings
in any court. No such proceedings shall be taken against, or in the
names of, the members of the Board.
Section 7. Annual report to Governor; what shall be contained
therein——(a) The Board shall from time to time make reports to
the Governor covering such matters in connection with the administra-
tion and enforcement of this act as he may require, and shall annually
make to the Governor a report for the twelve months ending on the
thirtieth day of June in the year in which the report is made, which
shall contain:
First. A statement of the nature and amount of the business trans-
acted by each government store under this act during the year;
Second. A statement of the assets and liabilities of the Board, in-
cluding a profit and loss account, and such other accounts and matters
as may be necessary to show the result of the operations of the Board
for the year;
Third. A statement showing the taxes collected under this act dur-
ing the year;
Fourth. General information and remarks as to the working of the
law within the Commonwealth ;
Fifth. Such other information as shall be requested by the Gov-
ernor.
(b) Every such annual report shall forthwith be laid by the Gov-
ernor before the General Assembly if then in session, or if not in
session, before the General Assembly within fifteen days after the con-
vening of the next session.
(c) The books and records of the Board shall at all times be sub-
ject to examination and audit by the Auditor of Public Accounts, and
by such other persons as the Governor may authorize.
Section 8. Records of Board; Auditor of Public Accounts to devise
and install system of accounts.—(a) The Board shall keep such com-
plete and accurate records as shall be necessary to show:
First. All moneys received by the Board;
Second. All moneys paid into the treasury of the State by the
Board, and all disbursements made pursuant to the order of the Board;
Third. The amount of moneys on hand;
Fourth. The kinds and amounts of alcoholic beverages on hand
and the location thereof ;
Fifth. All indebtedness and all contracts of the Board;
Sixth. The names, addresses, and compensation of all officers,
agents and employees of the Board ;
Seventh. All receipts from and costs and expenses incurred for
and on behalf of each government store; and
Eighth. All real estate owned or leased and all real estate sold
by the Board;
(b) The Auditor of Public Accounts shall devise and install a
system of accounts for the Board.
Section 9. Board may establish, maintain and operate government
stores for sale of alcoholic beverages.—(a) The Board may establish,
maintain and operate, in such counties, cities and towns as shall be con-
sidered advisable by the Board, government stores for the sale of al-
coholic beverages, other than beer, in accordance with the provisions
of this act and may discontinue any such store or stores when in its
discretion it is advisable to do so.
(b) The Board shall from time to time fix the prices at which the
various classes, varieties and brands of alcoholic beverages shall be
sold in such stores; wholesale and retail prices shall be uniform
throughout the State, except that the difference in cost of operating
stores may be reflected in the sale price of alcoholic beverages sold at
such stores.
(c) The sale of alcoholic beverages at each government store shall
be conducted by a manager, and by such other officers, agents and
employees as may be appointed hereunder, who shall, under the direc-
tion of the Board, be responsible for the carrying out of the provisions
of this act and the regulations of the Board in so far as they relate to
the conduct of such store and the sale of alcoholic beverages thereat.
(d) No alcoholic beverages shall be sold in a government store
except in a closed package, sealed and containing such label as the
Board shall prescribe.
(e) No alcoholic beverages shall be consumed in a government store
by any person.
(f) Not more than one gallon of alcohol or spirits shall be sold to
any one person at any one time in any government store; this pro-
vision shall not limit the amount that may be sold by the Board in
government stores or otherwise tor industrial purposes, for manufac-
turing articles allowed to be manufactured under section thirty-two of
this act, and to wholesale druggists and druggists licensed under this
act.
(g) The Board may from time to time adopt regulations relating
to the sale, delivery and shipment of alcoholic beverages, and alter,
amend or repeal the same in order to prevent the unlawful sale and
delivery thereof in and from government stores.
Section 10. Orders of Board for alcoholic beverages ; authentication
of orders and cancellations thereof —(a) Every order of the Board for
the purchase of alcoholic beverages shall be authenticated by the chair-
man of the Board or by a member of the Board authorized by the
Board to authenticate such orders, and no order shall be binding unless
so authenticated.
(b) A duplicate of every such order shall be kept on file in the
office of the Board.
(c) All cancellations of orders made by the Board shall be authenti-
cated in the same manner and a duplicate thereof kept as herein pro-
vided.
Section 11. When Board not required to purchase through Division
of Purchase and Printing; printing of Board—(a) The provisions of
law pertaining to the Division of Purchase and Printing and the pur-
chasing of materials, equipment and supplies through the Division of
Purchase and Printing shall not apply to the purchasing of alcoholic
beverages, the making of leases and the purchasing of real estate by
the Board under the provisions of this act.
(b) All printing required by the Board shall be done through the
Division of Purchase and Printing and shall be paid for by the Board
out of funds available for such purpose.
Section 12. When government stores closed.—No sale or delivery
of alcoholic beverages shall be made at any government store, nor shall
any such store be kept open for the sale of alcoholic beverages:
(a) On Sunday.
(b) In any county, city or town on any day on which an election is
held therein.
(c) During such other periods and on such other days as the
Board may direct.
Section 15. Accounts to be made quarterly and submitted to Gov-
ernor; audit of accounts——-(a) The accounts of the Board shall be
made up to and including the thirty-first day of March, the thirtieth
day of June, the thirtieth day of September, and thirty-first day of
December in each year, and at such other times as may be determined
by the Governor, and in every case the Board shall prepare a balance
sheet and statement of profit and loss and submit the same to the
Governor.
(b) The accounts of the Board shall be audited quarterly as of
March thirty-first, June thirtieth, September thirtieth, and December
thirty-first of each year by the Auditor of Public Accounts, or by such
other person as the Governor may designate, and the report of such
auditor containing such particulars as the Governor may require shall
be made to the Governor within thirty days after the close of each such
quarterly period.
(c) The Governor may require that the accounts of the Board be
audited by the Auditor of Public Accounts, or by such other person as
the Governor may designate, at such other time or times as he may
see fit.
Section 16. Net profits, after deducting reserve fund, to be trans-
ferred to general fund of State treasury.—The net profits derived under
the provisions of this act shall, after deducting therefrom such sums
as may be allowed the Board by the Governor for the creation of a
reserve fund not exceeding the sum of one million dollars in connec-
tion with the administration of this act and to provide for the depreci-
ation on the buildings, plant and equipment owned, held or operated
by the Board, be transferred by the Comptroller to the general fund
of the State treasury quarterly, within forty days after the close of
each quarter. When such moneys so transferred by the Comptroller to
the general fund of the State treasury shall, during any fiscal year ex-
ceed the sum of one million, six hundred and seventy-five thousand
($1,675,000.00) dollars, two-thirds of all moneys so transferred and so
paid into the general fund of the State treasury in excess of the said
sum of one million, six hundred and seventy-five thousand ($1.675.-
900.00) dollars during such fiscal year shall be apportioned and dis-
tributed by the Treasurer of Virginia, upon warrants of the Comp-
troller, to the several counties, cities and towns of the Commonwealth,
on the basis of the population of the respective counties, cities and
towns of the Commonwealth, according to the last preceding United
States census, for which purpose such portion of said moneys is hereby
appropriated. The term “net profits” as used in this section shall mean
the total of all moneys collected by the Board less all costs, expenses,
and charges authorized by section seventeen of this act, other than
capital expenditures for buildings, plants and equipment.
Section 17. All monies collected by the Board shall be paid directly
and promptly into the State treasury, or shall be deposited to the credit
of the State Treasurer, in a State depository, without any deductions
on account of salaries, fees, costs, charges, expenses, refunds or claims
of any description whatever, as required of State departments, divi-
sions, officers, boards, commissions, institutions or other State agencies
collecting or receiving public funds or money belonging to or for the
use of the State by subsection (c) of section ten, of chapter thirty-
three of the Acts of Assembly of nineteen hundred and twenty-seven,
as amended by subsection (c) of section ten of chapter seventy-nine
of the Acts of Assembly of nineteen hundred and twenty-eight. All
moneys so paid into the State treasury, less the net profits determined
as provided in section sixteen of this act shall be set aside as and
constitute a special fund for the payment of the salaries and remunera-
tion of the members, officers, agents and employees of the Board, and
all costs and expenses incurred in establishing and maintaining govern-
ment stores and in the administration of the provisions of this act,
including the purchasing, building, leasing and operation of distilleries
and the manufacture of alcoholic beverages under the provisions of sub-
section (g) of section four (4) of this act, and including all expenses,
when approved by the Governor, incurred by the Comptroller, the
State Treasurer and the Auditor of Public Accounts pursuant to the
provisions of this act, and are hereby specifically appropriated for such
purposes, to be paid out by the State Treasurer on warrants of the
Comptroller issued on vouchers signed by the secretary of the Board
and countersigned by the chairman, or another member of the Board
designated by the Board, or by some officer or agent of the Board
authorized and designated by the Board for such purpose, or, as the
case may be, by the Comptroller, the State Treasurer, or the Auditor
of Public Accounts, or their duly authorized agents. ,
Section 18. State licenses which Board may grant and issue.—The
Board may grant subject to revocation as provided in section twenty-
five (25) of this act, the following licenses under the provisions o!
this act:
(a) Distillers’ licenses, which shall authorize the licensees to manu
facture alcoholic beverages other than wine and beer, and to sell anc
deliver or ship the same, in accordance with regulations of the Board
in barrels, bottles or other closed containers, to the Board, and to per
sons outside of Virginia for resale outside of Virginia, except that ni
deliveries or shipments shall be made into any State the laws of whicl
prohibit the consignee from receiving or selling the same.
(b) Winery licenses, which shall authorize the licensees to manu
facture wines and to sell and deliver or ship the same, in accordanc
with regulations of the Board, in barrels, bottles or other closed con
tainers, to the Board, and to persons outside of Virginia for resal
outside of Virginia, except that no deliveries or shipments shall be
made into any State the laws of which prohibit the consignee fron
receiving or selling the same.
(c) Brewery licenses, which shall authorize the licensees to manu:
facture beer and to sell and deliver or ship the same, in accordance
with regulations of the Board, in barrels, bottles or other closed con-
tainers, to persons licensed under the provisions of this act to sell
the same at wholesale or retail for the purpose of resale, and to per-
sons outside of Virginia for resale outside of Virginia, except that nc
deliveries or shipments shall be made into any State the laws of which
prohibit the consignee from receiving or selling the same.
(d) Bottlers’ licenses, which shall authorize the licensees to acquire
and receive deliveries and shipments of beer in barrels or other closed
containers and to bottle, sell and deliver or ship the same, in accordance
with regulations of the Board, to persons licensed under the provisions
of this act to sell the same at wholesale or retail for the purpose of
resale, and to persons outside of Virginia for resale outside of Vir-
ginia, except that no deliveries or shipments shall be made into any
State the laws of which prohibit the consignee from receiving or sell-
ing the same. _
(e) Wholesale beer licenses, which shall authorize the licensees to
acquire and receive deliveries and shipments of beer and to sell and
deliver or ship the same, in accordance with regulations of the Board,
in barrels, bottles, or other closed containers, to persons licensed under
the provisions of this act to sell the same at retail for the purpose of
resale, and to persons outside of Virginia for resale outside of Vir-
ginia, except that no deliveries or shipments shall be made into any
State the laws of which prohibit the consignee from receiving or sell-
ing the same.
(e-a) Wholesale druggist licenses to wholesale druggists, which
licenses shall authorize the licensees to buy alcohol from the Board and
to sell and deliver or ship the same in accordance with regulations of
the Board and under its supervision, to druggists for the purpose of
compounding and resale, and to persons duly authorized to operate
pharmacies outside of Virginia for the purpose of compounding and
‘resale outside of Virginia, except that no deliveries or shipments shall
ye made into any State the laws of which prohibit the consignee from
‘eceiving or selling the same.
(e-b) Wholesale wine distributors licenses which shall authorize the
icensees to acquire and receive deliveries and shipments of wine and
o sell and deliver or ship the same in accordance with regulations of
he Board in barrels, bottles or other closed containers to the Board, and
o persons outside of Virginia for resale outside of Virginia, except that
10 deliveries or shipments shall be made into any State the laws of
vhich prohibit the consignee from selling or receiving same.
(f) Retail on-premises wine and beer licenses to:
First. Hotels, which licenses shall authorize the licensees to sell
vine and beer in dining-rooms and other designated rooms thereof,
ither with or without meals, for consumption on the premises only
n such rooms or in private guest rooms thereot ;
Second. Restaurants, which licenses shall authorize the licensees to
ell wine and beer in the dining-rooms thereof, either with or without
neals, for consumption on the premises only in such dining-rooms;
Third. Clubs, which licenses shall authorize the licensees to sell wine
ind beer in the dining-rooms and other designated rooms thereof,
‘ither with or without meals, for consumption on the premises only in
such rooms or in private guest rooms thereof ;
Fourth. Persons operating boats, dining cars, buffet cars and club
-ars, which licenses shall authorize the licensees to sell on the boats,
lining cars, buffet cars and club cars so operated by them wine and beer
in the dining-rooms and other designated rooms of the boats and in the
dining cars, buffet cars and club cars of trains, either with or without
meals, for consumption on the premises only in such rooms, or in such
cars when carrying passengers.
(g) Retail on-premises beer licenses to:
First. Hotels, which licenses shall authorize the licensees: to sell beer
in the dining-rooms and other designated rooms thereof, either with
or without meals, for consumption on the premises only in such rooms
or in private guest rooms thereof ;
Second. Restaurants, which licenses shall authorize the licensees to
sell beer in dining-rooms thereof, either with or without meals, for
consumption on the premises only in such dining rooms ;
Third. Clubs, which licenses shall authorize the licensees to sell beer
in the dining-rooms and other designated rooms thereof, either with o1
without meals, for consumption on the premises only in such rooms o1
in private guest rooms thereof ;
Fourth. Persons operating boats, dining cars, buffet cars and clu
cars, which licenses shall authorize the licensees to sell on the boats
dining cars, buffet cars and club cars so operated by them beer in the
dining-rooms and other designated rooms of the boats and in the dining
cars, buffet and club cars of trains, either with or without meals, fot
consumption on the premises only in such rooms, or in such cars whet
carrying passengers.
(h) Retail off-premises wine and beer licenses which shall au
thorize the licensees to sell wine and beer at retail only in closed pack
ages for consumption off the premises of such licensees and to delive:
or ship the same to the purchasers thereof, in accordance with regula
tions of the Board.
(i) Druggists’ licenses to druggists, which licenses shall authoriz
the licensees to sell alcoholic beverages upon prescriptions as provide
in section thirty-three of this act.
(j) Banquet licenses to persons in charge of banquets, whicl
licenses shall authorize the licensees to sell wine and beer in designate:
rooms for consumption on the premises; a separate license shall b
required for each banquet; but no such license shall be required of am
hotel, restaurant or club holding a retail wine and beer license issuec
under the provisions of this act.
(k) The term “designated rooms” as used in this section shall meat
rooms approved by the Board for particular licensees.
(1) The Board shall at least weekly certify to the State Tax Com
missioner a list of all persons licensed hereunder, during the perioc
covered by such certification.
Section 19. Applications for licenses; publication of intent to ap-
ply.—(a) Every person intending to apply for any license provided fot
under the provisions of this act, except banquet licenses, shall, no’
more than thirty days and not less than ten days before applying tc
the Board for such license, post a notice of such intention on the front
door of the building, place or room where he proposes to engage ir
such business and publish a copy of such notice at least once in a
newspaper published in or having a general circulation in the county,
city or town wherein such person proposes to engage in such business ;
provided, however, that in the case of operators of boats, dining cars,
buffet cars and club cars the posting and publishing of notice shall
not be required.
(b) Every person desiring a license under the provisions of this
act shall, after publishing notice of his intention as provided in sub-
section (a) of this section, file with the Board an application therefor
on forms provided by the Board and a statement in writing and under
oath setting forth such information as the Board shall require.
(c) The provisions of this section requiring publication and post-
ing of notice prior to applying for a license shall not apply to any per-
son licensed under the provisions of this act when such licensee again
applies to the Board for a new license similar to that which he already
holds to engage in business at the same place.
Section 20. When Board may refuse to grant licenses; effect there-
of.—(a) The Board shall refuse to grant any license mentioned in
this act if it shall be of the opinion:
First. That the applicant is not a suitable person to be so licensed:
or
Second. That the place to be occupied by the applicant is not a suit-
able place; or
Third. That a sufficient number of licenses have already been is-
sued ; or
Fourth. That the license should not be issued.
(b) The Board shall refuse to grant any retail license, other than
. druggist license, to any person to sell wine and beer or beer in any
‘ounty or city, the qualified voters of which shall in accordance with
he provisions of section thirty of this act vote that the sale of such
Ucoholic beverages be prohibited in such county or city.
(b-a) The Board shall refuse to grant any wholesale beer license
to any person, unless, such person has established or will establish a
place, or places, of business within this State at which will be received
and from which will be distributed all alcoholic beverages sold by
such person in the State.
(c) The Board shall not issue any license until the license tax
required by section twenty-two of this act is paid to the Board.
(d) The action of the Board in granting or in refusing to grant
any license under the provisions of this act shall not be subject to review
by any court nor shall any mandamus or injunction lie in any such
case.
Section 21. No retail licenses to manufacturers, bottlers and whole-
salers of alcoholic beverages; person not to be licensed to sell for both
on-premises and off-premises consumption.—(a) No retail on-premises
wine and beer license, retail on-premises beer license, retail off-premises
wine and beer license, druggist’s license or banquet license, shall be
issued to any manufacturer, bottler, or wholesaler of alcoholic bev-
erages, whether licensed in this State or not, nor to any officer or direc-
tor of any such manufacturer, bottler or wholesaler, nor to any part-
nership, association or corporation, any partner, member or stockholder
of which is an officer or director of any such manufacturer, bottler or
wholesaler, nor in any instances where such manufacturer, bottler or
wholesaler and such retailer are under common control, directly or
indirectly, by stock ownership or otherwise; providing this subsection
shall not apply to corporations operating dining cars, buffet cars, club
cars or boats.
(b) No person shall be licensed to sell wine and beer or beer for
both on-premises and off-premises consumption.
Section 22. Taxes on State licenses——(a) The taxes on State
licenses issued pursuant to the provisions of this act shall be as follows:
First. For each distiller’s license, if to manufacture not in excess of
five thousand gallons of alcohol or spirits, or both, during the year in
which the license is issued, one hundred dollars; and if to manufacture
more than five thousand gallons during such year, one thousand dollars,
per annum;
Second. For each winery license, if to manufacture not in excess
of five thousand gallons of wine during the year in which the license
is issued, one hundred dollars; and if to manufacture more than five
thousand gallons during such year, one thousand dollars per annum;
Third. For each brewery license, one thousand dollars per annum;
Fourth. For each bottler’s license, five hundred dollars per annum;
Fifth. For each wholesale beer license, two hundred and fifty dol-
lars per annum;
Fifth-a. For each wholesale wine distributor’ s license fifty dollars
and for each wholesale druggist license, ten dollars per annum;
Sixth. For each retail on-premises wine and beer license to a hotel,
restaurant or club, twenty dollars per annum; for each such license to
a person operating a boat, dining car, buffet car or club car, twenty
dollars per annum for each of the average number of boats, dining cars,
buffet cars, or club cars operated daily in this State;
Seventh. For each retail on-premises beer license to a hotel, restau-
rant or club, ten dollars per annum; for each such license to a person
operating a boat, dining car, buffet car or club car, ten dollars per
annum for each of the average number of boats, dining cars, buffet
cars, or club cars operated daily in this State;
Eighth. For each retail off-premises wine and beer license, twenty
dollars per annum;
Ninth. For each druggist license, ten dollars per annum,
Tenth. For each banquet license, five dollars.
(b) The tax on each such license shall be subject to proration to
the following extent: if the license is issued in the second quarter of
any year the tax shall be decreased by one-fourth; if issued in the third
quarter of any year the tax shall be decreased by one-half; and if in
the fourth quarter of any year the tax shall be decreased by three-
fourths.
(c) Every such license shall be in lieu of any State merchants’ or
State restaurant license on that portion of the business of the licensee
covered thereby; but no such license shall relieve any licensee of any
other State tax whatsoever.
Section 23. Separate license for each separate place of business;
when transfer allowed; to be kept posted——(a) Each license issued by
the Board under the provisions of this act shall designate the place
where the business of the licensee will be carried on. A separate license
shall be required for each separate place of business.
(b) No such license shall be transferable from one person to an-
other, but may be amended to show a change in the place of business
within the same county or city.
(c) Each such license shall be kept posted in a conspicuous place
by the licensee at the place where he carries on the business for which
the license is issued.
(d) All licenses granted or issued pursuant to the provisions of
this act except banquet licenses, shall expire on the thirty-first day of
December of the year, or part thereof, for which granted or issued.
The Board may, however, within its discretion, extend any license
issued or granted hereunder, for a period not to exceed in any case
sixty days.
Provided, however, that sub-sections (a) and (c) hereof shall not
apply to common carriers operating dining cars, buffet cars and club
cars.
Section 24. Hours of sale for licensees——The Board shall prescribe
by regulations, which it may from time to time alter, amend or repeal,
between what hours and on what days wine and beer shall not be sold
by persons licensed under the provisions of this act.
Section 25. When Board may revoke licenses.——-(a) The Board may
revoke any licenses issued by it if it shall be of the opinion:
First. That the licensee is not a suitable person to hold such license ;
or
Second. That the place occupied by the licensee is not a suitable
place; or
Third. That the number of licenses issued should be reduced: or
Fourth. That the license should be revoked.
(b) Before the Board may revoke any license issued under the pro-
visions of this act, at least ten days’ notice of such proposed or contem-
plated action by the Board shall be given to the licensee affected. Such
notice shall be in writing and shall be served on the licensee as other
notices, or by sending the same to such licensee by registered mail to
his last known postoffice address. The Board shall in such notice
appoint a time and place when and at which the said licensee shall
be heard as to why the said license should not be revoked. The licen-
see shall at such time and place have the right to produce evidence in
his behalf and to be represented by counsel.
(c) The action of the Board in revoking any license pursuant to
the provisions of this section shall not be subject to review by any
court nor shall any mandamus or injunction lie in any such case.
(d) Alcoholic beverages (other than beer) owned and/or in pos-
session, for sale, of any licensee at the time the license of any such
person is revoked or terminated as herein provided, may be sold by
such person to the Board at such price or prices and upon such terms
as may be agreed upon by the Board and such person, or may, upon
permits issued by the Board be sold to persons outside of Virginia
for resale outside of Virginia, except that no deliveries or shipments
shall be made into any State the laws of which prohibit the consignee
from receiving or selling the same. Beer owned and/or possessed,
for sale, by any such person may upon permits of the Board and upon
payment of any excise tax due thereon be sold to any person author-
ized to purchase the same for resale.
Section 26. Local licenses——(a) In addition to the foregoing State
licenses provided for in this act, the council or other governing body of
each city and town in the State is hereby authorized to provide by
ordinance for the issuance of city and town licenses, and to charge and
collect license taxes therefor, to persons licensed by the Board to manu-
facture, bottle and/or sell, within said city or town, alcoholic beverages.
The license taxes which may be charged and collected by such cities and
towns shall not exceed the following sums:
First. For each distiller’s license, one thousand dollars per annum;
no such local license shall be required for any person who shall manu-
facture not more than five thousand gallons of alcohol or spirits or both
during such license year; |
Second. For each winery license, one thousand dollars per annum;
Third. For each brewery license, one thousand dollars per annum;
Fourth. For each bottler’s license, five hundred dollars per annum;
Fifth. For each wholesale beer license, in a city of the first class,
two hundred and fifty dollars, in a city of the second class, one hun-
dred and twenty-five dollars, and in a town, seventy-five dollars, per
annum ;
Fifth-a. For each wholesale wine distributor’s license fifty dollars
per annum, and for each wholesale druggist license, ten dollars per
annum ;
Sixth. For each retail on-premises wine and beer license for a hotel,
restaurant or club, and for each retail off-premises wine and beer
license, in a city of the first class one hundred and fifty dollars, in a
city of the second class seventy-five dollars, and in a town thirty-seven
dollars and fifty cents, per annum;
Seventh. For each retail on-premises beer license for a hotel, restau-
rant or club, and for each druggist license, in a city of the first class, one
hundred dollars, in a city of the second class, fifty dollars, and in a
town, twenty-five dollars, per annum;
Eighth. For each banquet license, five dollars.
(b) No local license tax shall be either charged or collected for the
privilege of selling wine and beer, or beer, in dining-rooms and other
designated rooms of boats, and dining cars, buffet cars and club cars
of trains, when carrying passengers, for consumption on the premises
only.
(c) The council or other governing body of a city may, in its
discretion, classify licenses and graduate the license taxes therefor in
such manner as it may deem proper.
(d) No city or town shall issue any such local license to any person,
unless such person shall hold or shall secure simultaneously therewith
the proper State license provided for in this act. If any person shall
hold any such local license without at the same time holding the proper
State license provided for by this act, such local license shall, during
the period when such person does not hold the proper State license,
confer no rights, powers or privileges under the provisions of this act
upon such person.
Section 26-a. Any person holding a license issued under the pro-
visions of this act for the manufacture, bottling and/or sale of any
alcoholic beverages shall not be required to pay any additional State
or local license tax for any license to manufacture, bottle and/or sell,
as the case may be, any beverages under the provisions of chapter three
of the Acts of the General Assembly of nineteen hundred and thirty-
three. The provisions of this section shall not become effective until
January first, nineteen hundred and thirty-five.
Section 27. Excise tax provided for; duties of State Tax Commis-
sioner in connection therewith.—(a) There is hereby levied on all beer
manufactured in Virginia an excise tax at the rate of two dollars and
seventy-five cents per barrel of thirty-one gallons, and a tax at the
same rate on such beer in containers of more or less than thirty-one
(31) gallons, but on such beer in bottles of not more than twelve ounces
each the tax shall be one cent per bottle. Such tax shall be paid by
the person who manufactures the said beer.
(b) There is hereby levied on all beer bottled in Virginia and on
all beer sold in Virginia, an excise tax at the rate of two dollars and
seventy-five cents per barrel of thirty-one (31) gallons, a tax at the
same rate on such beer in containers of more or less than thirty-one
(31) gallons, but on such beer in bottles of not more than twelve ounces
each the tax shall be one cent per bottle. The tax herein levied shall
be paid by the respective bottlers and wholesalers of the said beer.
No such tax shall be collected upon any beer bottled or sold in Vir-
ginia when the State excise tax provided for in this act shall have been
previously levied and paid thereon in full; but if on beer bottled in
Virginia there shall have been paid by the manufacturer the excise
tax herein levied on beer manufactured in Virginia, such bottler shall
pay all additional excise taxes which may be due on such beer in
bottled form.
(c) When any person shall sell or offer for sale in Virginia any
beer purchased or obtained from any person not licensed either as a
brewery, bottler or wholesaler under the provisions of this act, and on
which the State excise tax herein levied has not been paid such person
shall pay the tax levied in the preceding subsection.
(d) No retail license authorizing the licensee to sell beer under the
provisions of this act shall be valid unless and until the person to whom
such license is issued shall have filed with the State Tax Commissioner
a bond, with a guaranty or surety company licensed to do business in
this State as surety or personal surety approved by said State Tax
Commissioner in such penalty as the said Commissioner may find to
be sufficient to cover the tax liability of such person, but in no event
to be less than one thousand dollars. The State Tax Commissioner,
however, shall waive the bond requirement aforesaid with respect to
any person who may file a satisfactory contract or agreement with the
State Tax Commissioner that such person will purchase for resale beer
from manufacturers, bottlers or wholesalers licensed in this State and
from no one else. The State Tax Commissioner shall promptly notify
the Board of each such bond filed, each such contract or agreement
entered into, and each amendment, alteration or cancellation thereof.
(e) On or before the tenth day of each month every person manu-
facturing, bottling or selling any beer in Virginia shall file with the
State Tax Commissioner a report under oath on forms which shall be
prescribed by the State Tax Commissioner showing the quantity of all
beer manufactured, bottled and/or sold by such person during the pre-
ceding month, the amount of tax for which such person is liable under
the provisions of this act, and containing such other information as the
State Tax Commissioner may require; provided that corporations
licensed to sell wine and/or beer on dining cars, buffet cars, club cars
and/or boats shall have thirty (30) days from the end of each month
within which to file the monthly reports required by this sub-section.
At the same time such person shall pay to the State Tax Commis-
sioner all such excise taxes chargeable against him under the pro-
visions of this act on all such beer so manufactured and/or sold dur-
ing the preceding month.
The provisions of this subsection as to the filing of such monthly
reports shall not be applicable to any person licensed hereunder to sell
beer at retail who purchased beer from manufacturers, bottlers or
wholesalers licensed in this State and from no one else, provided, such
person shall have duly filed with the State Tax Commissioner the
contract or agreement mentioned in the preceding subsection.
(f{) The excise tax herein provided for shall not be chargeable
against any manufacturer, bottler or wholesaler on any beer shipped
out of this State by such manufacturer, bottler or wholesaler for re-
sale out of this State, provided evidence satisfactory to the State Tax
Commissioner be submitted to him in writing at the time when such
tax would be otherwise payable that such beer was shipped out of
this State by such manufacturer, bottler or wholesaler for resale out of
this State.
(g) All moneys collected by the State Tax Commissioner under the
provisions of this act shall be promptly paid into the general fund of
the State treasury.
(h) If any person licensed under the provisions of this act shall
give or furnish gratuitously to any person in Virginia any beer on which
the excise tax herein provided for has not been paid, such gift or fur-
nishing shall for the purpose of this section be considered a sale.
Section 28. State Tax Commissioner authorized to adopt rules and
regulations for collection of excise tax; may require use of stamps and
crowns.—(a) The State Tax Commissioner is hereby authorized to
adopt such rules and regulations as he may find expedient for the
enforcement of the excise tax provisions of this act. He is specifically
authorized to require the use of stamps upon any packages containing
beer taxable under this act and offered for sale in Virginia, evidencing
the payment of the said excise tax upon the contents of every such
package; with respect to beer manufactured and bottled, or bottled, in
this State he may require to be used on such bottles crowns, to be
prescribed by the State Tax Commissioner, evidencing the payment of
the said excise tax upon all such beer so bottled. He is further au-
thorized to promulgate rules and regulations governing the purchase,
sale and distribution of such stamps and crowns, and to provide for
the sale of such stamps through county and city treasurers.
(b) If the State Tax Commissioner shall require the use of stamps
and crowns, or of stamps or of crowns, as authorized in this section,
the State Tax Commissioner may waive so much of subsection (e) of
section twenty-seven of this act as the State Tax Commissioner may
regard unnecessary for the efficient administration of this act.
Section 29. Records which must be kept by licensees; examination
of records and places of business.—(a) Every person who is licensed
in Virginia to manufacture, to bottle or to sell at wholesale any alcoholic
beverages shall keep a complete and accurate record of all alcoholic
beverages manufactured, bottled and/or sold by him. Such records
shall show the quantities of all such alcoholic beverages manufactured
and/or bottled by him, the dates of all sales and deliveries or shipments,
the names and addresses of all persons to whom sales and deliveries or
shipments are made, the quantities and kinds of alcoholic beverages
sold and delivered or shipped and the prices charged therefor.
(b) Every person licensed to sell at retail any alcoholic beverages
shall keep a complete and accurate record of all purchases thereof, the
dates of such purchases, the kinds and quantities of alcoholic beverages
purchased, the prices charged such licensee therefor, and the names and
addresses of the persons from whom purchased. Every such licensee
shall also preserve all invoices showing his purchases. He shall, unless
he has signed the agreement provided in subsection (d) of section
twenty-seven of this act, also keep an accurate account of daily sales,
showing quantities of alcoholic beverages sold and the total price charged
by him therefor; such account need not give the names or addresses of
the purchasers thereof.
(c) All such records, invoices and accounts shall at all times be open
to inspection by the Board, by the State Tax Commissioner and any per-
son or persons that may be designated as an agent by them or either
of them.
(d) The Board, the State Tax Commissioner and the agents duly
authorized by them or either of them shall at all times be allowed free
access during business hours to every place in this State where alcoholic
beverages are manufactured, bottled, stored, offered for sale or sold,
for the purpose of examining and inspecting such place and all records,
invoices and accounts therein. ,
Section 30. Local option provided for; how and when elections may
be held.—(a) Upon a petition of the qualified voters of any county,
city or town having a population of nine hundred or more inhabitants
according to the last preceding United States census filed with the
circuit court of the county, the corporation court of the city, or the
circuit court of the county wherein the town or the greater part thereof
is situated, or the judge thereof in vacation, signed by a number, not
less than thirty per centum of the number of votes cast by qualli-
fied voters of the county, city or town and counted for presidential
electors in the last preceding presidential election in the said county, city
or town, but in no event less than one hundred, asking that a referen-
dum be held on the questions (first) shall the sale of beer and wine
be permitted in the said county, city, or town, and (second) shall
the sale of alcoholic beverages, other than beer and wine, be permitted
in the said county, city, or town, the court, or the judge thereof in
vacation, shall by order entered of record require the regular election
officials of the county, city, or town, on the date fixed in the order, to
open the polls and take the sense of the qualified voters of the county,
city, or town, on the questions submitted as herein provided. Subject
to the provisions contained in subsection (b) of this section, such elec-
tion shall be held not more than ninety days nor less than sixty days
from the filing of the petition, but shall not be held on any day that any
other election is held in the said county, city, or town. The clerk of
the county, or of the circuit or corporation court of the city, shall cause
a notice of such election to be published in some newspaper published
in or having a general circulation in the said county, city or town once
a week for three consecutive weeks.
The regular election officers of the county, city or town at the time
designated in the order authorizing the vote shall open the polls at the
various voting places in the county, city or town and conduct the elec-
tion in such manner as is provided by law in other elections in so far
as the same is applicable. The election shall be by ballot and the ballot
shall be prepared by the electoral board and distributed to the various
election precincts as in other elections. On the ballot used shall be
printed the following:
First. Shall the sale of beer and wine (containing more than three
and two-tenths per centum of alcohol by weight) be permitted in............
2
Cl ee ee ee ee ee ered
Yes
No
(Strike out one.) |
Second. Shall the sale of alcoholic beverages, other than beer and
wine, be permitted i oo... ee cece cee eeceeeeeeeeeeeeeeeeeees ?
(Strike out one.)
In the blanks shall be inserted the name of the county, city or town
in which the election is held.
Any voter desiring to vote “Yes” in answer to either question shall
draw a line through the word “No” and leave the word “Yes” un-
scratched ; any voter desiring to vote “No” shall draw a line through
the word “Yes” and leave the word “No” unscratched.
The ballots shall be counted, returns made and canvassed as in other
elections and the results certified by the commissioners of election to the
circuit court of the county or the corporation court of the city, or the
judge thereof in vacation. Thereupon the court, or judge thereof in
vacation, shall enter of record an order duly certified by the clerk of
the court to be transmitted to the Board and to the board of super-
visors, council or other governing body of the county, city or town.
(b) No election herein provided for shall be held in any county,
city or town in any year in which there is in such county, city or town
a general election for the election of a Commonwealth’s attorney, treas-
urer, and commissioner of the revenue or either or any of such officers.
After an election, such as is provided for in this section, shall have been
held in any county, city or town, no other such election shall be held
in the said county, city or town until the expiration of four years from
the date of such prior election; provided this shall not preclude there
being held in a town having a population of nine hundred or more
inhabitants according to the last preceding United States census within
such period an election within such town although an election has been
held in the county in which said town or part thereof is located less
than four years prior thereto.
Section 31. Effect of elections held under preceding section.—(a)
If in any election held pursuant to the next preceding section in any
county, city or town a majority of the qualified voters voting therein
shall vote “No” on the question shall the sale of beer and wine be per-
mitted therein, then on and after sixty days from the date on which the
order of the court, or of the judge thereof in vacation, setting forth the
results of such election shall be entered of record, no beer or wine shall
be sold in such county, city or town except for delivery or shipment to
persons outside of or to druggists in such county, city or town authorized
under this act to acquire the same for the purpose of resale, provided
that this sub-section shall not apply to corporations operating dining
cars, buffet cars, club cars and passenger boats selling wine and beer to
bona fide passengers.
(b) If in any such election a majority of the qualified voters voting
therein shall vote “No” on the question shall the sale of alcoholic bev-
erages other than beer and wine be permitted in the said county, city
or town, then on and after sixty days from the day on which the order
of the court, or of the judge thereof in vacation, setting forth the
results of such election shall be entered of record, no alcoholic beverages
other than beer and wine shall be sold therein, except for delivery or
shipment to persons outside of and to druggists in such county, city or
town authorized under this act to acquire the same for the purpose of
resale.
(c) If any such election be held in any county, city or town in which
a majority of the qualified voters thereof shall have previously voted
against permitting the sale of beer and wine or against permitting the
sale of alcoholic beverages other than beer and wine, or both, therein
and in such subsequent election a majority of the voters voting therein
vote “Yes” on the questions shall the sale of beer and wine be per-
mitted in the said county, city or town, and shall the sale of alcoholic
beverages other than beer and wine be permitted in the said county, city
or town, or vote “Yes” on either of the said questions, beer and wine,
or alcoholic beverages other than beer and wine, or both, as the case
may be, may in accordance with the provisions of this act be sold
within the said county, city or town, on and after sixty days from the
day on which the order of the court, or of the judge thereof in vacation,
setting forth the results of such election shall be entered of record.
(d) The provisions of this section shall not be construed to pre-
vent in any county, city or town, the sale and delivery or shipment of
alcoholic beverages specified in sections thirty-two, thirty-three and
thirty-four to and by persons therein authorized to sell the same, nor
to prevent the delivery or shipment of alcoholic beverages under regu-
lations of the Board into any county, city or town, except as otherwise
prohibited by this act.
(e) For the purpose of this section, when any election shall have
been held in any town, separate and apart from the county in which
such town or a part thereof is located, such town shall be treated as
being separate and apart from such county.
Section 32. Manufacture and sale of medicines, toilet and antiseptic
preparations, flavoring extracts, and canned heat permitted—The pro-
visions of this act shall not be construed to prevent in any county,
city or town, nor to require any person to be licensed under the pro-
visions of this act to engage in:
(a) The manufacture, sale, and delivery or shipment by persons
authorized under existing laws to engage in such business, of any
medicine containing sufficient medication to prevent the same being
used as a beverage;
(b) The manufacture, sale, and delivery or shipment by person:
authorized under existing laws to engage in such business, of any
medicinal preparations manufactured in accordance with formulas pre-
scribed by the United States pharmacopoeia, and national formulary.
patent and proprietary preparations, and other bona fide medicinal and
technical preparations, which contain no more alcohol than is necessary
to extract the medicinal properties of the drugs contained in such
preparations, and no more alcohol than is necessary to hold the medicinal
agents in solution and to preserve the same, and which are manufactured
and sold to be used exclusively as medicine and not as beverages;
(c) The manufacture, sale, and delivery or shipment, of toilet,
medicinal and antiseptic preparations and solutions not intended for
internal human use nor to be sold as beverages;
(d) The manufacture and sale of food products known as flavoring
extracts which shall be so manufactured and sold for cooking and
culinary purposes only and not to be sold for beverage purposes;
(e) The Board may by regulations, which it may from time to time
alter, amend or repeal, permit the manufacture, sale, delivery and ship-
ment of “‘sterno,” canned heats, and other similar substances, without
requiring a license therefor.
Section 33. Sale of alcoholic beverages by druggists upon prescrip-
tions.—Except as otherwise provided in section thirty-two of this act,
persons holding druggist’s licenses issued under the provisions of this
act shall sell alcoholic beverages only for medicinal purposes and then
only upon a written prescription of a physician, setting forth the name
and address of the person for whom prescribed, the kind and quantity
of alcoholic beverages prescribed; this section shall not, however, pre-
vent any druggist from selling alcoholic beverages in accordance with
the terms of any other license which may be issued to him under
the provisions of this act.
Each druggist shall preserve, separate from other prescriptions, for
a period of two years from the date filled, all prescriptions for alcoholic
beverages filled by him. Such prescriptions shall at all times be open
to the inspection of the Board and of any duly authorized agent thereof.
Section 34. Physicians, dentists, veterinarians, hospitals and sana-
toriums permitted to administer alcoholic beverages.—(a) A physician
may administer alcoholic beverages to a bona fide patient in cases of
actual need when in the judgment of the physician the use of alcoholic
beverages is necessary ;
(b) A dentist who deems it necessary that a bona fide patient being
then under treatment by him is in actual need of and should be sup-
plied with alcoholic beverages as a stimulant or restorative, may ad-
minister to the patient alcoholic beverages ;
(c) A veterinary who deems it necessary may in the course of his
practice administer or cause to be administered alcoholic beverages to
1 dumb animal ;
(d) A person in charge of an institution regularly conducted as a
1ospital or sanatorium for the care of persons in ill health, or as a
1ome devoted exclusively to the care of aged people, may administer
yr catise to be administered alcoholic beverages to any bona fide patient
or inmate of the institution who is in need of the same, either by way
of external application or otherwise for emergency medicinal purposes,
and may charge for the alcoholic beverages so administered, and carry
such stock as may be necessary for this purpose.
Section 35. When and how person may be interdicted; how notice
thereof given; effect of order of interdiction; order may be altered,
amended or cancelled—(a) When after hearing upon due notice it
shall be made to appear to the satisfaction of the circuit court of any
county or the corporation court of any city, or the judge thereof in
vacation, that any person, resident or sojourning within Virginia, has
on or after the day on which this act becomes effective been convicted
of driving or running any automobile, car, truck, motorcycle, engine or
train while intoxicated or has shown himself to be an improper person
to be allowed to purchase alcoholic beverages, the court, or the judge
thereof in vacation, may make an order of interdiction prohibiting the
sale of alcoholic beverages to such person until further ordered. The
court or judge entering any such order shall cause a copy of the same
to be forthwith filed with the Board.
(b) Upon any such order being filed with the Board, the Board
shall forthwith notify, in such manner as it may provide by its regu-
lations, the interdicted person, the managers of all government stores
and all persons licensed under the provisions of this act to sell alcoholic
beverages at retail, of such order. It shall thereafter as long as such
order shall remain in effect be unlawful for any one to sell alcoholic
beverages to such interdicted person except in accordance with the pro-
visions of sections thirty-two, thirty-three and thirty-four of this act.
(c) The court or judge entering any order of interdiction may
thereafter at any time alter, amend or cancel the same as in its judg-
ment it shall deem proper. A copy of each such alteration, amendment
and cancellation shall be filed with the Board and notice thereof given by
the Board as hereinbefore provided as to orders of interdiction.
(d) Any hearing or investigation under this section by any court
or judge may be held in private if the court or judge or person accused
shall so direct.
Section 36. What alcoholic beverages, materials and other article:
are contraband; forfeited to the Commonwealth—All stills and distill-
ing apparatus and material for the manufacture of same, and all alco-
holic beverages and materials used in the manufacture of alcoholic bev-
erages, and all containers in which alcoholic beverages may be found
which are kept, stored, possessed, or in any manner used in violatior
of the provisions of this act, shall be deemed contraband and shall be
forfeited to the Commonwealth.
Section 37.—Issuance of search warrants; where they may be exe-
cuted and before whom returnable—(a) If there be complaint on oatl
that alcoholic beverages are being manufactured, sold, kept, stored, 01
in any manner held, used or concealed in a particular house, or other
place, in violation of law, the justice of the peace, trial justice, police
justice, civil and police justice, circuit or corporation court or judge
thereof in vacation, or the mayor of any city or town, to whom such
complaint is made, if satisfied that there is a probable cause for such
belief, shall issue a warrant to search such house or other place for
alcoholic beverages. Such warrants, except as herein otherwise pro-
vided, shall be issued, directed and executed in accordance with the
laws of Virginia pertaining to search warrants.
(b) Warrants issued under this act for the search of any auto-
mobile, boat, conveyance or vehicle, whether of like kind or not, or for
the search of any trunk, grip or other article of baggage, whether of
like kind or not, for alcoholic beverages, may be executed in any part
of the Commonwealth where the same are overtaken, and shall be made
returnable before any justice of the peace, trial justice, police justice,
civil and police justice, circuit or corporation court or judge thereof
in vacation, or the mayor of any city or town, within whose jurisdiction
such automobile, boat, conveyance, vehicle, truck, grip or other article
or baggage, or any of them, were transported or attempted to be trans-
ported contrary to law. |
Section 38. How contraband articles may be confiscated—All pro-
ceedings for the confiscation of articles declared contraband and for-
feited to the Commonwealth under this act shall be proceeded against
as provided in this section:
(a) Whenever any article, which under the provisions of this act
is declared contraband and required to be forfeited to the Common-
wealth, has been seized, with or without a warrant, by any officer
charged with the enforcement of this act, he shall produce the same,
and the person in whose possession it was found, if any, and if no
person be found in possession of said articles the return shall so state.
A copy of said warrant shall be posted on the door of the building or
room wherein the same was found, or if there be no door, then in any
conspicuous place upon the premises.
(b) Upon the return of the warrant as provided in this section,
the justice of the peace, trial justice, police justice, civil and police
justice, court, judge or mayor shall fix a time not less than ten days, un-
less waived by the accused in writing, the accused having the right to do
so, and not more than thirty days thereafter, for the hearing of said re-
turn, when he shall proceed to hear and determine whether or not the ar-
ticles so seized, or any part thereof, were used or in any manner kept,
stored or possessed in violation of any of the provisions of this act.
At such hearing if no claimant shall appear, the justice of the peace,
trial justice, police justice, civil and police justice, court, judge or mayor
shall declare the articles seized forfeited to the Commonwealth and, if
such articles be not necessary as evidence in any pending prosecution,
shall turn the same over to the Board as herein required. At such
hearing any person claiming any interest in any of the articles seized
may appear and file a written claim setting forth particularly the char-
acter and extent of his interest, whereupon, if the trial be before a
justice of the peace, trial justice, police justice, civil and police justice,
or mayor, he shall forthwith certify the warrant and the articles seized
along with the claim filed therein to the circuit, corporation or hustings
court having jurisdiction, which court shall docket the case. Thereupon
the court shall hear and determine the validity of such claim.
If, upon such hearing, the evidence warrants, the court shall there-
upon enter a judgment of forfeiture, and order the article so seized to
be turned over to the Board as is herein required. Action under this
section and the forfeiture of any articles thereunder shall not be a bar
to any prosecution under any other provisions of this act.
(c) Any articles forfeited to the Commonwealth and turned over
to the Board in accordance with the provisions of this section, shall
either be destroyed or sold by the Board as in its discretion shall be
deemed proper. The net proceeds from every such sale shall be paid
into the literary fund.
All alcoholic beverages and articles heretofore confiscated under
the provisions of chapter four hundred and seven of the Acts of the
General Assembly of nineteen hundred and twenty-four, as heretofore
amended, and not finally disposed of as therein provided, shall be
turned over to the Board and disposed of as is provided in this sub-
section.
Section 39. Illegal manufacture and bottling, a misdemeanor; how
person found at distillery, winery, or brewery may be punished.—(a)
Except as otherwise provided in sections thirty-two and sixty-one of this
act, if any person shall manufacture in this State alcoholic beverages
without being licensed under the provisions of this act to manufacture
such alcoholic beverages, or if any person other than one who holds a
brewery license or a bottlers license under the provisions of this act
shall bottle beer for sale, he shall be guilty of a misdemeanor.
(b) Every person found at any distillery, winery or brewery where
alcoholic beverages are being manufactured in violation of the provi-
sions of this act shall be deemed prima facie guilty of manufacturing
the same or aiding and abetting in such manufacture and upon con-
viction thereof shall be punished as if personally manufacturing the
same.
Section 40. Illegal sale of alcoholic beverages——If any person who
is not licensed under the provisions of this act to sell alcoholic bever-
ages in this State shall sell any alcoholic beverages other than per-
mitted by the provisions of this act, he shall be guilty of a misde-
meanor.
Section 41. Illegal sale of alcoholic beverages by licensees; when
keeping alcoholic beverages by licensees not permitted—lI{f any person
who holds a license issued under the provisions of this act,
(a) shall sell any alcoholic beverages of a kind other than that
which such license or this act authorizes him to sell, or
(b) shall sell beer to which wine, spirits, or alcohol, or more than
one of any such alcoholic beverages, has been added, or
(c) shall sell wine to which spirits or alcohol, or both, have been
added, otherwise than as required in the manufacture thereof undet
regulations of the Board, or
(d) shall sell alcoholic beverages of a kind which such license o1
this act authorizes him to sell, but to any person other than to those
to whom such license or this act authorizes him to sell, or
(e) shall sell alcoholic beverages which such license or this act
authorizes him to sell, but in any place or in any manner other than
such license or this act authorizes him to sell, or
(f) shall sell any alcoholic beverages when forbidden by the pro-
visions of this act, or |
(g) shall keep or allow to be kept, other than in his residence and
for his personal use, any alcoholic beverages other than that which he
is authorized to sell by such license or by this act,
he shall be guilty of a misdemeanor.
Section 42. Persons to whom alcoholic beverage may not be sold.—
If any person shall, except pursuant to the provisions of sections thirty-
two, thirty-three or thirty-four of this act, sell any alcoholic beverages
(a) to any person less than twenty-one years of age, or
(b) to any interdicted person, or
(c) to any person who is intoxicated, or
(d) to any patient under the supervision or control of any State
hospital, whether such patient be on furlough or otherwise,
he shall be guilty of a misdemeanor.
Section 43. Sale of wine not purchased from Board illegal.—If any
person, other than a common carrier operating in interstate or foreign
commerce, licensed under the provisions of this act to sell wine at re-
tail shall sell any wine not purchased from the Board he shall be
guilty of a misdemeanor.
Section 44. Failure or refusal to pay excise tax or to deliver, keep
and preserve records, invoices and accounts, or to allow examination of
records, invoices and accounts and place of business, a misdemeanor.—
Any person licensed under the provisions of this act who shall fail or
refuse to pay any excise tax provided for in section twenty-seven of this
act, or shall fail or refuse to deliver, keep and preserve such records,
invoices, and accounts as are required by section twenty-nine of this
act, or shall fail or refuse to allow such records, invoices and accounts
or his place of business to be examined and inspected as herein pro-
vided, shall be guilty of a misdemeanor.
Section 45. Violation of contract with State Tax Commissioner, a
misdemeanor; effect of conviction—If any person shall violate the
terms of any contract or agreement entered into pursuant to section
twenty-seven of this act between such person and the State Tax Com-
missioner by the purchase by such person of any beer for resale from
any one other than a manufacturer, bottler or wholesaler licensed in
this State, such person shall be guilty of a misdemeanor, and pun-
ished as provided in section sixty-two of this act; upon such convic-
tion the license of such person shall also be automatically revoked.
Section 46. Illegal sale and use of crowns and stamps, and forging
or counterfeiting thereof; how punished—If the use of crowns and
stamps, or of crowns or stamps, shall be required by the State Tax
Commissioner under the authority of this act, it shall be a misdemeanor
for any person to distribute, deal in or use any crowns or stamps ex-
cept in accordance with rules and regulations prescribed by the State
Tax Commissioner; the forging or counterfeiting of any such stamps
or crowns shall constitute a felony punishable by confinement in the
penitentiary for not less than two nor more than ten years.
Section 47. Mixing deleterious substances with alcoholic beverages
kept for sale or sold or supplied as a beverage, a misdemeanor.—Ii any
person shall for any purpose whatsoever, mix or permit or cause to be
mixed with any alcoholic beverages kept for sale, sold or supplied by
him as a beverage, any drug, or any form of methyl alcohol, or any
crude, unrectified or impure form of ethyl alcohol, or any other dele-
terious substance or liquid, he shall be guilty of a misdemeanor.
Section 48. Illegal advertising ; how punished—If any person shall
advertise in or send any advertising matter into this State about or con-
cerning alcoholic beverages other than such alcoholic beverages as may
legally be manufactured and/or sold without any license under the pro-
visions of this act, except in accordance with rules and regulations of the
Board, he shall be guilty of a misdemeanor.
Section 49. Purchase of alcoholic beverages from person not author-
ized to sell same, a misdemeanor.—If any person shall, in this State,
buy alcoholic beverages from any person other than the Board, a gov-
ernment store or some person authorized under the provisions of
this act to sell the same he shall be guilty of a misdemeanor.
Section 50. Having, possessing, keeping, carrying, shipping and
transporting alcoholic beverages illegally acquired, a misdemeanor.—
If any person, other than a common carrier, shall have, possess, keep,
carry, ship or transport alcoholic beverages which are acquired by such
person or any person for whom he is acting in violation of the pro-
visions of this act he shall be guilty of a misdemeanor.
Section 50-a. If any person shall sell any bay rum in this State
except upon prescription of a physician he shall be guilty of a mis-
demeanor, unless the said bay rum contains not less than one-fourth
of a grain of tartar emetic per fluid ounce.
Section 51. Keeping, possessing, or storing any still, or distill-
ing apparatus, without a permit from the Control Board, a misde-
meanor.—If any person shall keep, store or have in possession any
still, or distilling apparatus, without a permit from the Control Board,
he shall be guilty of a misdemeanor.
Section 52. Drinking alcoholic beverages in public place; how pun-
ished; exceptions—(a) If any person shall take a drink of alcoholic
beverages or shall tender a drink of alcoholic beverages to another,
whether accepted or not, at or in any public place, he shall be guilty of
a misdemeanor, and fined not less than one nor more than ten dollars.
(b) This section shall not prevent any person from drinking alco-
holic beverages or offering a drink of alcoholic beverages to another in
the dining room or other designated room, as defined in section eighteen
of this act, of a hotel, restaurant, club or boat or in a dining car, club
car, or buffet car of any train, provided such hotel, restaurant, club,
boat, dining car, club car, or buffet car, or the person who operates the
same, is licensed to sell for consumption in such dining room, room,
or car, such alcoholic beverages, and the alcoholic beverages drunk or
offered were purchased therein.
Section 53. Manufacturers, bottlers and wholesalers not to sell, rent,
lend or give to retail licensee or to owner of premises any money, equip-
ment, furniture, fixtures or property; how violations punished.—(a)
If any manufacturer, bottler or wholesaler of alcoholic beverages, whe-
ther licensed in this State or not, or any officer or director of any such
manufacturer, bottler or wholesaler of alcoholic beverages, whether
licensed in this State or not, or any officer or director of any such
manufacturer, bottler or wholesaler shall have any financial interest,
direct or indirect, in the business for which any retail license is issued,
under the provisions of this act, or in the premises where the busi-
ness of any person to whom any such retail license has been issued is
conducted, or either directly or indirectly shall sell, rent, lend, buy for,
or give to any person who holds any retail license issued under the provi-
sions of this act, or to the owner of the premises on which the business
of any such person so licensed is conducted, any money, equipment,
furniture, fixtures or property with which the business of such retailer
is or may be conducted, he shall be guilty of a misdemeanor.
(b) If any person licensed hereunder to sell at retail any alcoholic
beverages shall consent to any violation of this section, he shall be
guilty of a misdemeanor. :
Section 54. Members, officers, agents and employees of Board for-
bidden to have interest in business dealing in alcoholic beverages; not to
solicit or receive remuneration or gifts from persons selling alcoholic
beverages; how punished.—If any member, officer, agent or employee
of the Board shall be directly or indirectly interested or engaged in any
other business or undertaking dealing in alcoholic beverages, whether
as Owner, part owner, partner, member of syndicate, shareholder, agent
or employee and whether for his own benefit or in a fiduciary capacity
for some other person, or if any member, officer, agent or employee of
the Board shall solicit or receive, directly or indirectly, any commis-
sion, remuneration or gift whatsoever from any person or corporation
having sold, selling or offering alcoholic beverages for sale to the
Board in pursuance of this act, or if any officer or employee of the
Commonwealth shall solicit or receive any commission, remuneration or
gift from any such person or corporation in connection with the sale
or offering for sale of alcoholic beverages to the Board other than for
legal services, or, if any person selling or offering for sale to, or pur-
chasing alcoholic beverages from, the Board shall, either directly or
indirectly, offer to pay or pay any commission, profit or remuneration,
or make any gift, to any member, officer, agent or employee of the
Board, or to anyone on behalf of any such member, officer, agent or
employee, he shall be guilty of a felony and upon conviction shall be
confined in the penitentiary not less than one year nor more than ten
years, or, in the discretion of the jury or the court trying the case
without a jury, confined in jail not more than twelve months or fined
not more than five hundred dollars, or both.
Section 55. What deemed common nuisances ; how person punished
for maintaining, or for aiding and abetting or knowingly associating
with others in maintaining same; bonds.—All houses, boat-houses,
buildings, tents, club, fraternity and lodge rooms, boats, cars and places
of every description including drug stores, where alcoholic beverages
are manufactured, stored, sold, dispensed, given away or used contrary
to law by any scheme, or device whatever, shall be held, taken and
deemed common nuisances. Any person who shall maintain, or who
shall aid or abet or knowingly be associated with others in maintaining
such common nuisances, shall be guilty of a misdemeanor, and judgment
shall be given that such house, building, tent, boat-house, car or other
place, or any room or part thereof, be closed up, but the court may
upon the owner giving bond in the penalty of not less than five hundred
dollars and with security to be approved by the court, conditioned that
the premises shall not be used for unlawful purposes, or in violation of
the provisions of this act for a period of five years turn the same over
to its owner ; or proceedings may be had in equity as provided in section
fifty-six of this act.
Section 56. How premises where nuisances exist may be closed by
injunction; how violation of injunction is punished.—The Board, duly
authorized agents of the Board, the attorney for the Commonwealth, or
any citizen of the county, city or town, where such a nuisance as 1S
defined in section fifty-five of this act exists, or is kept or maintained,
may, in addition to the remedies given in and punishment imposed by
this act, maintain a suit in equity in the name of the Commonwealth to
abate and perpetually to enjoin the same. ‘The courts of equity shall
have jurisdiction thereof, and in every case where the bill charges, on
the knowledge or belief of complainant, and is sworn to by two rep-
utable citizens, that alcoholic beverages are manufactured, stored, sold,
dispensed, given away, or used in any house, building, boat-house, club-
room, fraternity room, lodge room, hotel, boarding house, apartment
house, lodging house, boat, tent, or any place contrary to the laws of
this State, an injunction shall be granted as soon as the bill is presented
to the court or judge in vacation. The injunction shall enjoin and
restrain the owners, tenants, their agents, employees, servants, and
any person connected with said house, building or other place named
in this section, and all persons whomsoever from manufacturing,
storing, selling, dispensing, giving away, or using alcoholic beverages
in said house, building, boat-house, club-room, fraternity room, boat,
tent, or other place named in this section, and shall also restrain
all persons from removing any alcoholic beverages then on said
premises until the further order of the court. Upon the hearing
of the cause, when it shall have been matured and set for hearing
as required by law, upon deposition of witnesses, documentary anc
oral evidence, of the court or judge in vacation, shall be satisfied that
the material allegations of the bill are true, although the premises com-
plained of may not then be unlawfully used, it or he shall continue the
injunction against such house, building or place for such period of time
as the court may think proper, with the right to dissolve the injunction
upon the application of the owner of such house, building or place if a
proper case is shown for dissolution.
Section 57. Unlawful manufacture, transportation, or sale of alco-
holic beverages by person having in possession any firearm or weapon
of like kind; punishment therefor—If any person shall unlawfully
manufacture, transport, or sell any alcoholic beverages, as herein de-
fined, and at the time of such unlawful manufacturing, transporting, or
selling or aiding or assisting in any manner in such act, shall carry on
or about his person, or have on or in any vehicle which he may be using
to aid him in any such purpose, or have in his possession, actual or
constructive, at or within one hundred yards of any place where any
such alcoholic beverages are being unlawfully manufactured, transported
or sold, any firearm, or any weapon of like kind, he shall be guilty of a
felony, and on conviction shall be confined in the penitentiary not less
than one year, nor more than three years, or, in the discretion of the
jury, or the court trying the case without a jury, confined in the jail
for not less than six months, nor more than twelve months.
Section 58. Illegal importation, shipment and transportation of al-
coholic beverages; how punished.—(a) No alcoholic beverages other
than wines or beer shall be imported, shipped, transported or brought
into this State unless the same be consigned to the Board; the Board
may, however, permit such alcoholic beverages ordered by it from with-
out this State for persons for industrial purposes, for manufacturing
articles allowed to be manufactured under section thirty-two of this act,
for wholesale druggists, for druggists, or for hospitals, to be shipped
or transported direct to such persons; provided that on orders or ship-
ments of alcohol the Board shall charge no profit other than a reasonable
permit fee to be fixed by the Board.
(b) No wine shall be imported, shipped, transported or brought
into this State unless the same be consigned to the Board or to persons
holding wholesale wine distributors’ licenses issued pursuant to the
provisions of this act; the Board may, however, permit wine ordered
by it from without this State for persons licensed under this act to sell
the same at retail, to be shipped or transported direct to such persons
for purposes of resale.
(c) No beer shall be imported, shipped. transported or brought
into this State except to persons licensed under the provisions of this
act to sell the same.
(d) The provisions of this act shall not prevent or prohibit any
person from bringing, in his possession or in his baggage, into this
State not for resale, alcoholic beverages in an amount not to exceed
one gallon; nor shall the provisions of this act prevent or prohibit the
possession and/or storage of alcoholic beverages on passenger boats,
dining cars, buffet cars and club cars, duly licensed under the provisions
of this act, of common carriers engaged in interstate or foreign com-
merce.
Section 59. How attempts punished; aiding or abetting —lIt shall
be unlawful for any person to attempt to do any of the things pro-
hibited by this act or to aid or abet another in doing, or attempting to do,
any of the things prohibited by this act.
On an indictment, information or warrant for the violation of any
provisions of this act, the jury or the court or justice or mayor trying
the case without a jury may find the defendant guilty of an attempt, or
being an accessory, and the punishment shall be the same as if the
defendant were solely guilty of such violation.
Section 60. No action may be maintained to recover price of alco-
holic beverages sold in violation of act—No action to recover the
price of any alcoholic beverages sold in contravention of the provisions
of this act may be maintained.
Section G1. Act not to prohibit manufacture of wines and beer for
domestic consumption and not for sale; manufacture and sale of cider
to distillers and of wine to wineries; possession and use of alcoholic bev-
erages in residences; licensed clubs allowed to keep alcoholic beverages
for members of club.—The provisions of this act shall not be construed
to prevent
(a) Any person from manufacturing at his residence for domestic
consumption at his residence, but not to be sold, dispensed or given
away, except as hereinafter provided, wine or beer or both;
(b) Any person from manufacturing and selling cider to persons
holding distillery licenses issued under the provisions of this act, or any
person from manufacturing wine from grapes grown by the said per-
son and selling the same to persons holding winery licenses issued under
the provisions of this act, under the supervision of, and regulations is-
sued by, the Board;
(c) Any person from keeping and possessing alcoholic beverages in
his residence for the personal use of himself, his family, his servants or
his guests, if such alcoholic beverages shall have been lawfully acquired
by him, nor to prevent such person, his family, or servants, from giving
or serving such alcoholic beverages to guests in the said residence when
such gift or service is in no wise a shift or device to evade the pro-
visions of this act;
(d) Any club licensed under the provisions of this act from keep-
ing for members of such club alcoholic beverages lawfully acquired by
such members, provided such alcoholic beverages shall not be sold,
dispensed or given away in violation of any provision of this act.
(e) Any person from having grain, fruit or fruit products and any
other substance, when grown or lawfully produced by him, distilled by
any person holding a distiller’s license under the provisions of this act,
and selling the alcoholic beverages so distilled to the Board or selling
or shipping the same to any person outside of the State under regulations
of the Board. Provided, however, that no alcoholic beverages so dis-
tilled shall be withdrawn from the place where distilled except upon and
pursuant to, permits and regulations of the Board;
(f£) Any person duly authorized to manufacture and sell, or either,
in Virginia or elsewhere, alcoholic beverages other than beer, from
soliciting and taking orders from the Board for such alcoholic bever-
ages.
. Section 62. Punishment prescribed for violations of act and for vio-
lations of regulations made by Board ; bond may be required by justices,
mayor, court or judge; not to prevent Board from cancelling license.—
(a) Any person convicted of a misdemeanor under the provisions of this
act, or convicted of violating any other provision of this act, or convicted
of violating any regulation made by the Board under the provisions of
this act, shall, unless otherwise provided, be punished by a fine not ex-
ceeding five hundred dollars or confinement in jail not exceeding twelve
months or both in the discretion of the jury or of the justice or of the
mayor or of the court trying the case without a jury.
(b) In addition to the penalties imposed by this act for violations
thereof, any justice, mayor or court, before whom any person is con-
victed of violating any provision of this act, may require such defendant
to execute bond, with approved security, in the penalty of not more than
one thousand dollars, conditioned that the said defendant will not vio-
late any of the provisions of this act, for the term of one year. If any
such bond be required and be not given, the defendant shall be com-
mitted to jail until it is given, or until he is discharged by the said
justice, mayor or court, provided he shall not be confined therefor for a
longer period than six months. If any such bond required by a court
be not given during the term of the court by which conviction is had,
it may be given before the judge thereof in vacation or before the clerk
of the said court.
(c) The provisions of this act shall not be construed to prevent the
Board from cancelling the license of any person convicted of violating
any provisions of this act.
(d) The attorneys for the Commonwealth are hereby directed to
appear and represent the Commonwealth before the court, mayor or
justice trying any person for any violation of this act in their respective
jurisdictions, except for drinking in public; and no court, mayor or
justice shall hear such a case unless the respective attorney for the Com-
monwealth or his assistant is present or has been duly notified of such
a case pending.
Section 62-a. Provision for dismissal of pending prosecutions and
return of seized vehicles, and for suspension of certain sentences.—
Every warrant, indictment, charge or prosecution now pending before
the Supreme Court of Appeals of Virginia and/or any other court
and/or justice or trial justice in this Commonwealth involving the
violation of any of the provisions of chapter four hundred and seven of
the Acts of the General Assembly of nineteen hundred and twenty-four,
as amended, and/or any of the provisions of any ordinance or by-law
of any county, city or town pertaining to beverages containing more than
one-half of one per centum of alcohol, may be dismissed and terminated
in the discretion of the court or justice or trial saga before which ot
whom the matter is pending. A'nd in the event of sych dismissal, any
vehicle seized in connection with such violation, and not yet confiscated
shall be surrendered to the owner thereof, upon demand by said owner
within thirty days after said dismissal.
Where any person has been heretofore convicted of having violated
any provision of any act or ordinance repealed by this act, and sen-
tenced to jail or to the State penitentiary and is still confined therein
or in the State convict road force, or at one of the State farms, the
mayor, justice, trial justice or court sentencing such person may in its
discretion suspend the sentence whether the order suspending the sen-
tence is entered during the term in which the sentence was imposed or
not.
Nothing contained in this section and section sixty-two-b shall be
applicable to violations of section twenty-five of said chapter four hun-
dred and seven, as heretofore amended.
Section 62-b. Punishment for violations of acts repealed by this act
may be the same as provided in section sixty-two of this act—Any per-
son charged with having violated any provision of any act repealed
by this act may, in the discretion of the court or jury trying the case,
and with the consent of the person charged, be punished as provided
in section sixty-two of this act in lieu of being punished as provided in
any such act repealed.
Section 63. No person to be excused from testifying for Common-
wealth because testimony may incriminate himself—No person shall
be excused from testifying for the Commonwealth as to any offense
committed by another under this act by reason of his testimony tending
to incriminate himself, but the testimony given by such person on behalf
of the Commonwealth when called to the stand by the justice, mayor
or court trying the case, or by the attorney for the Commonwealth, or
when summoned by the Commonwealth and sworn as a witness by the
court or clerk and sent before the grand jury, shall in no case be used
against him nor shall he be prosecuted as to the offense as to which he
testifies.
Section 64. Clerks of courts, justices and mayors to report to Board
cases tried under act; penalty for failure to make report.—It shall be
the duty of the clerk of each circuit and corporation court and of each
justice and mayor in this State on the first day of each calendar month
to report to the Board every case tried in such court or before such
justice or mayor during the preceding month, for violations of the pro-
visions of this act. Said report shall contain the full name and address
of the defendant, a brief statement of the charge, and the judgment
thereon. Whenever any clerk, justice or mayor shall fail to make such
report he shall be subject to a penalty of twenty-five dollars, and it shall
be the duty of the attorney for the Commonwealth of such county or
city to institute and conduct the proper civil proceedings to recover said
penalty.
Section 65. Counties, cities and towns forbidden to pass or adopt
ordinances or resolutions regulating or prohibiting the manufacture,
bottling, possession, sale, etc., of alcoholic beverages; exception as to
licenses.—No county, city or town shall, except as otherwise provided
in section twenty-six of this act providing for the issuance of local li-
censes, pass or adopt any ordinance or resolution regulating or pro-
hibiting the manufacture, bottling, possession, sale, distribution, hand-
ling, transportation, drinking, use, advertising or dispensing of alcoholic
beverages in Virginia.
Section 66. Act does not apply to beverages containing not more
than three and two-tenths per centum of alcohol by weight.—The pro-
visions of this act shall not apply to the manufacture, bottling, selling,
offering for sale, distributing, carrying, shipping, transporting, posses-
sion, drinking, using, advertising and dispensing in Virginia of beer,
lager beer, ale, porter, wine, similar fermented malt or vinous liquor,
and fruit juice, containing not more than three and two-tenths per
centum of alcohol by weight, except as otherwise provided by section
twenty-six-a of this act.
Section 67. Appropriation—For the purpose of paying the salaries
and remuneration of the members, officers, agents and employees of the
Board, and all costs and expenses incurred by the Board in establishing
and maintaining government stores and in the administration of the
provisions of this act there is hereby appropriated from funds in the
State treasury not otherwise appropriated the sum of two hundred and
fifty thousand dollars or so much thereof as shall be necessary, to be
paid out by the State Treasurer on warrants of the Comptroller issued
on vouchers signed by the Secretary of the Board and countersigned by
the Chairman, or other member of the Board designated by the Board,
or by some officer or agent of the Board authorized and designated by
the Board for such purpose.
In addition to the foregoing sum, there is hereby further appropri-
ated to the Board, should the Board determine to manufacture alcoholic
beverages pursuant to the provisions of this act, from funds in the
State treasury not otherwise appropriated, the sum of two hundred and
fifty thousand dollars, or so much thereof as may be necessary for the
purpose of paying costs and expenses incurred by the Board in pur-
chasing, leasing, building and operating the necessary plants and dis-
tilleries in manufacturing such alcoholic beverages.
The Board shall not exceed the amounts herein appropriated, ex-
cept in an emergency, and then only with the consent and approval of
the Governor in writing first obtained, in which event it shall be en-
titled to like privileges and subject to like restrictions as those now pro-
vided by law for other State departments, institutions and agencies.
Section 68. Constitutionality—If any part or parts, section, sub-
section, sentence, clause or phrase of this act is for any reason declared
unconstitutional, such decision shall not affect the validity of the re-
maining portions of this act, which shall remain in force as if such act
had been passed with the unconstitutional part or parts, section, sub-
section, sentence, clause or phrase thereof eliminated: and the General
Assembly hereby declares that it would have passed this act if such un-
constitutional part or parts, section, sub-section, sentence, clause, or
phrase had not been included herein.
2. Be it further enacted by the General Assembly of Virginia as
follows:
(a) The following sections of the Code of Virginia, and all amend-
ments of such sections, are hereby repealed;
Sections forty-five hundred and eighty-one to forty-six hundred and
seventy-five, both inclusive (sections 4581-4675).
(b) The following acts of the General Assembly, and all amend-
ments of such acts, are hereby repealed:
First. An act to define ardent spirits and to prohibit the manu-
facture, 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 pre-
scribing procedure for search therefor and forfeiture thereof; to pro-
hibit 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 prosecutions for violations of
this act; to create the office of commissioner of prohibition and to de-
fine 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 evi-
dence in certain prosecutions under this act; defining soft drinks, pro-
viding 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
act 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 prescribe penalties for the violation of this act; to ap-
propriate out of the treasury of the State necessary moneys for the en-
forcement of this act; and to repeal chapter one hundred and forty-six
of Acts of Assembly, nineteen hundred and sixteen, approved March
tenth, nineteen hundred and sixteen, and all other acts or parts of acts in
conflict with this act, approved March nineteen, nineteen hundred
and eighteen.
Second. An act to define ardent spirits and to prohibit the manufac-
ture, use, sale, offering for sale, transportation, keeping for sale, and
giving away of ardent spirits, or drugs, as herein defined, except as pro-
vided herein; declaring certain ardent spirits contraband, and prescribing
procedure for search therefor and forfeiture thereof ; to prohibit adver-
tisement 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 prosecutions for violation of this act;
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 medicines,
and flavoring extracts; exempting certain counties and cities from cer-
tain provisions of this act 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 prescribe penalties for the violation of
this act; to make it an offense to operate an automobile, engine, or
other motor vehicle while intoxicated or under the influence of liquor,
and to prescribe penalties therefor; to appropriate out of the treasury of
the State necessary moneys for the enforcement of this act; and to
repeal chapter three hundred and forty-five of Acts of Assembly, nine-
teen hundred and twenty-two, approved March twenty-third, nineteen
hundred and twenty-two, and all other acts or parts of acts in conflict
with this act, approved March twentieth, nineteen hundred and twenty-
four.
(c) All acts and parts of acts, general, special, private and local,
including charter provisions and ordinances of cities and towns, incon-
sistent with any of the provisions of this act, are hereby repealed to the
extent of such inconsistency.
(d) Except as otherwise provided by sections sixty-two-a and sixty-
two-b of this act, this act and the repeal of the foregoing sections of the
Code of Virginia, Acts of the General Assembly, and amendments
thereof, set forth in this section, shall, as to offenses committed against
such sections and acts, and as to acts done, penalties, forfeitures and
punishments incurred, and rights accrued, and claims arising under such
sections, acts, and amendments thereof be construed in conformity with
section six of the Code of Virginia.
(e) This act shall not repeal the following act of the General As-
sembly or any part of such act: An act to legalize, regulate and con-
trol the manufacture, bottling, sale and disposition of beer, lager beer,
ale, porter, wine, similar fermented malt or vinous liquor, and fruit
juice, containing one-half of one per centum or more of alcohol by
volume, and not more than three and two-tenths per centum of alcohol
by weight; to provide for licensing and taxing manufacturers, bottlers,
wholesalers and retailers of such beverages by the State and the counties,
cities and towns thereof; to impose an excise tax upon all such bev-
erages; to appropriate a portion of the revenue derived hereunder for
the collection of the taxes herein imposed and for the administration of
the act; to provide for the dismissal of pending prosecutions for alleged
violations of laws heretofore in force declaring illegal the beverages
legalized by this act where such prosecutions are founded upon the then
illegality of such beverages; to impose penalties for violations of the
act; and to repeal all acts and parts of acts in conflict herewith, approved
August twenty-ninth, nineteen hundred and thirty-three.
3. An emergency existing, this act shall be in force on and after
fifteen days from its passage.