CHAP. 234.—An ACT to amend and re-enact Sections 40 and 41 of Chapter 94
of the Acts of the General Assembly of 1934, approved March 7, 1934, and
known, designated and cited as the Alcoholic Beverage Control Act, so as,
among other things to provide that certain sales of alcoholic beverages
shall be unlawful, to provide penalties for the violation of the provisions
of such sections, ‘and to provide that when such penalties shall have been
imposed that such sentences shall not be suspended; and to amend and
re-enact Section 50 of Chapter 255 of the Acts of the General Assembly
of 1936, approved March 25, 1936, and known, designated and cited as the
Alcoholic Beverage Control Act, so as, among other things to provide under
certain conditions that it shall be unlawful to have, possess, keep, carry, ship
or transport alcoholic beverages, to provide penalties for the violation of
the provisions of such section. [S B 156]

Approved March 26, 1938

I. Be it enacted by the General Assembly of Virginia, That sec-
ions forty and forty-one of chapter ninety-four of the Acts of the
General Assembly of nineteen hundred and thirty-four, known, desig-
nated and cited as the Alcoholic Beverage Control Act, and section
fifty of chapter two hundred and fifty-five, of the Acts of the General
Assembly of nineteen hundred and thirty-six, known, designated and
cited as the Alcoholic Beverage Control Act, be amended and re-
enacted so as to read as follows:

Section 40. Illegal Sale of Alcoholic Beverages. Punishment
Therefor—(a) If any person who is not licensed under the pro-
visions of this act to sell alcoholic beverages in this State shall sell
any alcoholic beverages other than permitted by the provisions of this
act, he shall be guilty of a misdemeanor.

(b) The minimum punishment for any violation of the provisions
of this section shall be a fine of not less than fifty dollars nor more
than five hundred dollars and confinement in jail for not less than
thirty days nor more than twelve months; and the justice, mayor or
court, before whom any person is convicted for the violation of this
section, may require such person to give bond as is provided in sec-
tion sixty-two (b) of the Alcoholic Beverage Control Act.

Section 41. Illegal Sale of Alcoholic Beverages by Licensees ;
When Keeping Alcoholic Beverages by Licensees Not Permitted—Ii
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
provisions 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, bottler’s license or whole-
sale beer license, sell any beer except for cash, or

(i) 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 and shall be punished as is pro-
vided in section sixty-two of the Alcoholic Beverage Control Act,
except such persons who shall be guilty of the violation of the pro-
visions of subsection (a) of this section. ,

Any person found guilty of a violation of subsection (a) of this
section shall be punished as follows:

The minimum punishment for any violation of the provisions of
subsection (a) of this section shall be a fine of not less than Fifty
Dollars nor more than Five Hundred Dollars and confinement in jail
for not less than thirty days nor more than twelve months; and the
justice, mayor or court before whom any person is convicted for the
violation of the provisions of subsection (a) of this section may re-
quire such person to give bond as is provided in section sixty-two (b)
of the Alcoholic Beverage Control Act.

Section 50. Having, Possessing, Keeping, Carrying, Shipping and
Transporting Alcoholic Beverages Illegally Acquired, A Misdemeanor,
How Punished—If any person, other than a common carrier, shall
have, possess, keep, carry, ship or transport alcoholic beverages which
have been illegally acquired by such person or any person for whom
he is acting, he shall be guilty of a misdemeanor.

Spirits in the possession of any person and in containers not bear-
ing the required government stamps or seals shall be deemed for the
purposes of this act to have been illegally acquired.

Alcoholic Beverages in the possession of any person in amounts
in excess of one gallon, in containers not bearing stamps or other evi-
dence showing the same to have been purchased from the board or a
person licensed to sell the same under the provisions of this act or
other evidence that the tax due to the Commonwealth of Virginia or
the markup required by Virginia Alcoholic Beverage Control Board
has been paid, shall be deemed for the purposes of this act to have
been illegally acquired.

The minimum punishment for any violation of the provisions of
this section, except violations of the provisions thereof the carrying
or transporting alcoholic beverages, shall be a fine of not less than
Fifty Dollars nor more than Five Hundred Dollars or confinement
in jail for not less than thirty days nor more than twelve months, either
or both in the discretion of the court or jury trying the case and the
justice, mayor or court, before whom any person is convicted for
the violation of this section may require such person to give bond
as is provided in section sixty-two (b) of the Alcoholic Beverage
Control Act.