Chap. 146.—An ACT to amend and re-enact Sections 5 and 7, as amended, of
an act entitled “an act to legalize, regulate and control 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 3.2 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
beverages; 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 29, 1933, so
as to vest in the Virginia Alcoholic Beverage Control Board the power to
pass regulations having the force and effect of law necessary to carry out
the provisions and purposes of the act; to prescribe how such regulations
shall be published; and to regulate advertising of beverages as defined in
the act. [S B 137]

Approved March 14, 1938

1. Be it enacted by the General Assembly of Virginia, The sec-
tions five and seven, as amended, of an act entitled “an act to legalize,
regulate and control 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 cent-
um of alcohol by weight; to provide for licensing and taxing manu-
facturers, 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 beverages; 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 prosecu-
tions 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 the twenty-ninth, one
thousand nine hundred and thirty-three, be amended and re-enacted
so as to read as follows:
Section 5. Except as hereinafter otherwise provided, State li-
censes provided for by this act shall be issued by the Virginia Alco-
holic Beverage Control Board, hereinafter referred to as the “board”,
on applications filed with the board and the license taxes thereon shall
be paid by the applicants to the board. Applications for licenses shall
be on forms provided by the board.

The board shall likewise have the same power to pass regulations
having the force and effect of law necessary to carry out the provisions
and purposes of this act, and to prevent the illegal manufacture, bot-
tling, sale, distribution and transportation of beverages, or any one or
more of such illegal acts, and from time to time alter, repeal or amend
such regulations, or any of them. Such regulations shall be published
in the same manner as regulations are required to be published under
the Alcoholic Beverage Control Act.

Beverages as defined in this act shall be advertised in the State only
in such manner as is approved by regulation of the board. ,

Section 7. (a) The board shall refuse to grant any license men-
tioned 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 suitable place; or

Third. That a sufficient number of licenses have already been
issued; or
Fourth. That the license should not be issued.

(b) The board shall issue licenses under this act only to estab-
lished places of business located in those territories that have held or
may hold local option elections, as provided for in Section thirty of
the Alcoholic Beverage Control Act, and have voted or may vote
against the sale of beer and wine containing more than three and two-
tenths per centum of alcohol by weight in such territories.