Chap. 248.—An ACT to amend and re-enact sections 18, 41, 53 and 61 of chapter
94 of the Acts of the General Assembly of Virginia of 1934, approved
March 7, 1934, and known and designated and cited as the Alcoholic Bever-
age Control Act. [H B 153]

Approved March 24, 1936

1. Be it enacted by the General Assembly of Virginia, That sections
eighteen, forty-one, fifty-three and sixty-one of chapter ninety-four
of the Acts of the General Assembly of Virginia of nineteen hundred
and thirty-four, approved March seventh, nineteen hundred and thirty-
four, and known, designated and cited as the Alcoholic Beverage Con-
trol Act, be amended and re-enacted so as to read as follows:

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 of this
act:

(a) Distillers’ licenses, which shall authorize the licensee to man-
ufacture alcoholic beverages other than wine and 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 the board, and to per-
sons 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.

(b) Winery licenses, which shall authorize the licensees to man-
ufacture wines 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 the board, and to persons outside of Virginia for resale out-
side 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.
(c) Brewery licenses, which shall authorize the licensee 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 owners of
boats registered under the laws of the United States sailing for ports
of call of a foreign country or another state, and 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.

(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 owners of boats registered under the laws of the United
States sailing for ports of call of a foreign country or another state,
and 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,

(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 wholesale or retail for the
purpose of resale, and to owners of boats registered under the laws of
the United States sailing for ports of call of a foreign country or
another state, and to persons outside of Virginia for resale outside of
Virginia, except that no deliveries of shipments shall be made into any
state the laws of which prohibit the consignee from receiving or selling
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
be made into any state the laws of which prohibit the consignee from
selling or receiving the same.

(f) Retail on-premises wine and beer licenses to:

First. Hotels, which licenses shall authorize the licensees to sell
wine and beer in 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 wine and beer in the dining-rooms thereof, either with or with-
out meals, for consumption on the premises only in such dining-
rooms ;
Third. Clubs, which licenses shall authorize the licensees to sell
wine and 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 ;

Fourth. Persons operating boats, dining cars, buffet cars and club
cars, which licenses shall authorize the licensees to sell on the boats, din-
ing 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 with-
out 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
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
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, for
consumption on the premises only in such rooms, or in such cars when
carrying passengers.

(h) Retail off-premises wine and beer licenses which shall author-
ize the licensees to sell wine and beer at retail only in closed packages
for consumption off the premises of such licensees and to deliver or
ship the same to the purchasers thereof, in accordance with regulations
of the board.

(k) Druggists’ licenses to druggists, which licenses shall authorize
the licensees to sell alcoholic beverages upon prescriptions as provided
in section thirty-three of this act.

(1) Banquet licenses to persons in charge of banquets, which
licenses shall authorize the licensees to sell wine and beer in designated
rooms for consumption on the premises; a separate license shall be
required for each banquet; but no such license shall be required of any
hotel, restaurant or club holding a retail wine and beer license issued
under the provisions of this act.

Section 41. legal sale of alcoholic beverages by licensees; when
keeping alcoholic beverages by licensees not permitted.—If 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 under
regulations of the board, or

(d) shall sell alcoholic beverages of a kind which such license or
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-
vision 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, or

(h) shall, if holding a brewery license, bottlers license or wholesale
beer license, sell any beer except for cash, or

(1) shall sell any beer on draft and fail to display to customers
the brand of beer so sold or shall misrepresent the brand of any beer
sold, he shall be guilty of a misdemeanor.

Section 53. Manufacturers, bottlers and wholesalers not to sell,
rent, lend or give to retail licensee or to owner of premises any money,
equipment, furniture, fixtures or property; how violations punished ;
exceptions.—(a) If any manufacturer, bottler or wholesaler of alco-
holic beverages, whether 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 direc-
tor 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 business 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 provisions of this act, or to the owner of the
premises on which the business of any such person so licensed is con-
ducted, 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 violations of this section, he shall be
guilty of a misdemeanor.

(c) The provisions of this section shall not, however, prohibit any
manufacturer, bottler or wholesaler of beer whether licensed in this
State or not, or any officer or director of any such manufacturer, bot-
tler or wholesaler from selling carbonic gas.

Section 61. 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
beverages in residences ; licenced clubs allowed to keep alcoholic bever-
ages for members of club; sale of beer on government reservations.—
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
issued 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 provisions 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, dis-
pensed or given away in violation of any provisions 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;

(£) 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 bev-
erages ;

(g) The sale of beer in or through canteens or post exchanges on
United States reservations when permitted by the proper authority or
authorities of the United States.