Chap. 432.—An ACT to amend and re-enact an act entitled “An act to regulate
the business of cleaning, dyeing and pressing; defining what constitutes en-
gaging in said business, as well as defining certain other words; creating
a State Dry Cleaners Board; empowering and authorizing said board to pro-
mulgate rules and regulations; requiring the issuance of licenses by said

board as a prerequisite to engaging in said business, and providing penalties
for the violation of any of the provisions of this act; and providing that this
act shall apply in all cities, and in any counties when two-thirds of the resi-
dent persons actively engaged in the cleaning, dyeing and pressing business
in such counties petition the State Dry Cleaners Board to be entitled to
the benefits of this act, then such counties shall be governed by this act”,
approved March 27, 1936. : [fH B 242]

Approved April 1, 1938

1. Be it enacted by the General Assembly of Virginia, That an
act entitled an act to regulate the business of cleaning, dyeing and
pressing; defining what constitutes engaging in said business, as well
as defining certain other words; creating a State Dry Cleaners Board;
empowering and authorizing said board to promulgate rules and regula-
tions: requiring the issuance of licenses by said board as a prerequisite
to engaging in said business, and providing penalties tor the violation
of any of the provisions of this act; and providing that this act shall
apply in all cities, and in any counties when two-thirds of the resident
persons actively engaged in the cleaning, dyeing and pressing business
in such counties petition the State Dry Cleaners Board to be entitled
to the benefits of this act, then such counties shall be governed by this
act, approved March twenty-seventh, nineteen hundred and thirty-six,
be amended and re-enacted so as to read as follows:

Section 1. The following words, terms and phrases used in this act,
unless the context otherwise requires, are for the purposes hereof de-
fined as follows:

(a) “Board” shall mean the State Dry Cleaners Board created
by this act for the regulation of the cleaning, pressing and dyeing
business.

(b) “Person” shall mean any person, firm, corporation or associa-
tion.

(c) “Cleaning, dyeing and pressing business” shall mean the opera-
tion of any establishment, plant, office, store or vehicle where dry

cleaning, wet cleaning as a process incidental to dry cleaning, dyeing,
anntting nv fniching any faheic are nerfarmed ar rendered for 4 nrice
or consideration, and where such service is sold, re-sold or offered for
sale or resale, and shall include the acceptance and transportation of
any clothing or other fabric to be cleaned, pressed, or dyed, whether
such service shall be rendered by the person so accepting or transporting
such fabrics or by others.

Section 2. There is hereby created for the cleaning, dyeing and
pressing business a board to be known as “State Dry Cleaners Board”’.
Said board shall consist of five members, to be appointed by the Gover-
nor of the State of Virginia prior to July first, nineteen hundred and
thirty-eight, three of whom shall have been engaged in the cleaning,
dyeing and pressing business in Virginia for at least three years next
preceding their appointment, and two of whom shall not be connected
with said business but shall be from the public at large. One of the
members of the board shall be appointed for a term of one year, two
for terms of two years, and two for terms of three years, and subse-
quent appointments shall be for terms of four years each, except ap-
pointments to fill vacancies which shall be for the unexpired terms, all
of whom shall hold office at the pleasure of the Governor for the terms
indicated herein. Each subsequent appointee shall have the same
qualifications as his predecessor in office. The members of said board
shall receive as compensation for their services ten dollars for each
day while attending board meetings and their necessary traveling ex-
penses incurred in connection therewith. The board shall elect one of
its members as chairman and one of its members as vice-chairman,
and shall adopt a set of rules and by-laws to govern its organization
and proceedings, and shall adopt and use a seal. The board is author-
ized and empowered to incur any and all expenses deemed necessary
by it for the administration, enforcement and to effectuate the purposes
of this act, and to appoint a secretary, who need not be a member of
the board, and such other clerks, inspectors and other assistants as it
may deem necessary for such purposes, and fix their duties, compensa-
tion, and terms of service, as well as the employment of such lawyers
as may be approved by the Attorney General, all of which shall be
paid out of the funds collected by the board as provided in this act.

Section 3. The functions, duties and powers of the “State Dry
Cleaners Board” shall be as follows:

(1) To adopt and promulgate such rules and regulations as may
be necessary to control and regulate the cleaning, dyeing and pressing
business in the following particulars:

a. Identification to the public of all persons, firms, corporations
or associations licensed by the board to engage in said business, as
well as their agents or representatives.

b. Prohibition of false or misleading statements, advertisements
or guarantees either in form or content.

c. Form of application required by board for license and form
of license to be issued by board.

(2) To grant licenses to conduct the business of cleaning, dyeing
and pressing to persons, firms, corporations, or associations in accord-
ance with the provisions of this act and the rules and regulations of
the board. A separate license shall be required for each trade name
under which any person, firm, corporation or association conducts the
business of cleaning, dyeing, and/or pressing. The board may decline
to grant a license, or may suspend or revoke a license already granted,
after due notice and after hearing, on the grounds of any violation
of the provisions of this act or the rules and regulations promulgated
by said board, not in conflict with the provisions of this act, provided,
however, that any person to whom a license has been refused, or whose
license has been revoked or suspended, shall have the right to appeal
from the decision of the board, to any circuit or corporation court
of the city or county in which the place of business of such person
is located. Such appeal shall operate as a supersedeas with respect
to the decision or ruling of said board in the refusal to grant, or the
revocation or suspension, of such license, provided that pending appeal,
the person filing such appeal shall execute a bond in the sum of five
hundred dollars ($500.00) before the clerk of the court in which the
appeal is pending, with surety to be approved by the clerk of said
court and conditioned not to violate any of the provisions of this act.

(3) To require all persons not eligible for a license under sec-
tion seven of this act, as a prerequisite to obtaining a license hereunder,
to comply with such reasonable standards and requirements as may
be deemed necessary by the board for the protection of the public health
and safety in connection with the business of cleaning, dyeing and
pressing.

(4) To enforce and assist in the enforcement of fire, sanitation,
labor and any other laws applicable to the industry, and to require of
such persons, firms, corporations or associations information and reports
specified by law for this purpose.

(5) To act for the purpose of this act, as a competent authority
in connection with the matters pertinent thereto.

Section 4. No person, firm, corporation or association shall en-
gage in the business of cleaning, pressing and dyeing, as herein defined,
within the State of Virginia, without first obtaining a license therefor
from the said board, which said license shall be valid for a period of
one year and no more, unless sooner revoked or suspended by said
board under the provisions of this act.

For the purpose of providing funds for the administration of this
act the annual fee for such license shall be as follows: If the entire
gross amount of business done by any such person during the preced-
ing year shall not exceed twelve thousand dollars, such fee shall be ten
dollars; if the entire gross amount of such business exceeds twelve
thousand dollars, such fee shall be ten dollars plus one dollar per
thousand for all such business in excess of twelve thousand dollars; pro-
vided, however, that such fee shall not exceed forty dollars in any
case. Such license fees shall be collected by the said board, and shall
be disbursed as hereinafter provided.
Section 5. All funds collected by the board as provided in this
act shall be paid into the State treasury and are hereby appropriated
to the said board for the purpose of administering, enforcing and effec-
tuating the purposes of this act. All payments out of this appropria-
tion shall be made by the Treasurer of Virginia on warrants of the
Comptroller issued on vouchers signed by the chairman of the board,
or such other person or persons as shall be designated by the board for
the purpose.

Section 6. Except pending an appeal as hereinbefore provided,
any person who shall engage in the business of cleaning, dyeing and
pressing, as herein defined, without first having secured a license or
certificate from said board so to do, or who shall continue to do the
business of cleaning, dyeing and pressing after the suspension or revo-
cation of a license issued by the board, shall be guilty of a misdemeanor,
and upon conviction thereof shall be punished by a fine of not less
than ten dollars, nor exceeding one hundred dollars, and each day
during which this violation shall continue shall be deemed a separate
offense.

Section 7. All persons, firms, corporations and associations in the
State of Virginia engaged in the business of cleaning, dyeing and press-
ing, or in the power operated laundry business, at the time this act
becomes law, shall be entitled to have issued to them a license upon the
payment of the license fee herein required.

Section 8. This act shall apply to and be effective in all cities,
in all counties which are governed by the provisions of chapter three
hundred and thirty-five of the Acts of the General Assembly of nine-
teen hundred and thirty-six, and in other counties where after notice
has been published in a newspaper having general circulation in said
county, there has been filed with the board a petition signed by two-
thirds of the resident persons actually engaged in the cleaning, dyeing
and pressing business at the time of said petition in any such counties
signifying their desire to be governed by this act. This act shall be-
come effective on the first day of July nineteen hundred and thirty-
eight.

Section 9. If any clause or section of this act shall be declared
unconstitutional, or invalid for any other reason, before a court of
competent jurisdiction of this State, the remaining portion or portions
of this act shall be deemed in force and valid as if such section or
clause had not been incorporated herein.