Chap. 28.—An ACT to amend and re-enact Section 2 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 definitions for the various terms and words contained in the Alcoholic
Beverage Control Act. [S B 31]

Approved February 9, 1940

1. Be it enacted by the General Assembly of Virginia, That
section two of chapter ninety-four of the Acts of the General Assembly
of 1934, known, designated and cited as the Alcoholic Beverage
Control Act, be amended and re-enacted so as to read as follows:

Section 2. Definitions.—The following terms, wherever used or
referred 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 ap-
proved 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, fermentation 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 varieties 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
fermentation of an infusion or decoction of barley, malt and hops o
of any similar products in drinkable water and containing, unles
otherwise expressly provided, more than three and two-tenths pe
centum of alcohol by weight; this definition shall include ale, porte
and stout;

(d) “Board” shall mean the Virginia Alcoholic Beverage Contro
Board; , : ,

(e) “Bottle” shall mean any vessel intended to contain liquid:
and having a capacity of not more than forty-three ounces;

(f) “Club” shall mean any non-profit corporation or associatio1
which is the owner, lessee or occupant of an establishment operatec
solely for objects of a national, social, patriotic, political, or athleti
nature, or the like, but not for pecuniary gain, the advantages o
which belong to all the members; it also shall mean the establishmen
so operated; -

(g) ‘Dentist’ shall mean any person duly authorized to practic
dentistry pursuant to the laws of Virginia;

(h) “Dining-room”’ shall mean a public room in which full meal:
are regularly served; | : ek,

(i) “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 pur.
suant 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 o1
more varieties thereof; ,

(1) “Hotel” shall mean any duly licensed establishment, pro-
vided with special space and accommodation, where, in consideration
of payment, 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 observa-
tion, shall be deemed to be intoxicated;

(n-a) ‘Justice’? and “justice of the peace’? shall mean and in-
clude a justice of the peace, trial justice, police justice, civil and police
justice and judge of a juvenile and domestic relations court;
~ (0) ‘“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; rot,

(q) ‘‘Package’’ shall mean any container, bottle, vessel or other
receptacle used for holding alcoholic beverages;
(r) “Person” shall include an individual, partnership, association
or corporation ;

(s) “Physician” shall mean any person duly authorized to prac-
tice medicine, pursuant to the laws of Virginia;

(t) ‘‘Public place” shall mean any place, building or conveyance
to which the public has, or is permitted to have, access, including
restaurants, soda fountains, and hotel dining rooms and lobbies and
corridors of hotels, and any highway, street, lane, park or place of
public resort 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 accommodations, where, in consideration of pay-
ment, 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
whatsoever, 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
obtained by distillation mixed with drinkable water and other sub-
stances, in solution, and includes, among other things, brandy, rum,
whiskey and gin, or any one or more of the last four named ingre-
dients; 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 fermenta-
tion of the natural sugar contents of fruits or other agricultural
products containing sugar, including honey and milk, either with or
without additional sugar, and containing more than three and two-
tenths per centum of alcohol by weight;

(z-a) ‘Wholesale druggists’ shall mean any person duly au-
thorized to manufacture, sell, deliver and ship drugs and medicines
to others for the purpose of resale.