Chap. 200.—An ACT to amend and re-enact Section 30 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 to provide for local
option in certain towns upon the question shall the sale of beer and wine be
permitted in said town; and to provide how and when said election may be held.

[S B 119]
Approved March 23, 1946

Be it enacted by the General Assembly of Virginia:

1. That section thirty of chapter ninety-four of the Acts of the
General Assembly of nineteen hundred and thirty-four, approved March
seventh, nineteen hundred and thirty-four, and known, designated and
cited as the Alcoholic Beverage Control Act, be amended and re-enacted
so that the said amended section shall read as follows:

Section 30. Local option provided for; how and when elections
may be held.—(a) Upon a petition of the qualified voters of any county,
city or town having a population of nine hundred or more inhabitants
according to the last preceding United States census filed with the cir-
cuit court of the county, the corporation court of the city, or the circuit
court of the county wherein the town or the greater part thereof is sit-
uated, or the judge thereof in vacation, signed by a number, not less
than thirty per centum of the number of votes cast by qualified voters
of the county, city or town and counted for presidential electors in the
past preceding presidential election in the said county, city or town,
but in no event less than one hundred, asking that a referendum be held
on the questions (first) shall the sale of beer and wine be permitted
in the said county, city, or town, and (second) shall the sale of alcoholic
beverages, other than beer and wine, be permitted in the said county,
city, or town, the court, or the judge thereof in vacation, shall by order
entered of record require the regular election officials of the county, city
or town, on the date fixed in the order, to open the polls and take the
sense of the qualified voters of the county, city or town, on the questions
submitted as herein provided. Subject to the provisions contained in
subsection (b) of this section, such election shall be held not more than
ninety days nor less than sixty days from the filing of the petition, but
shall not be held on any day that any other election 1s held in the said
county, city, or town. The clerk of the county, or of the circuit or cor-
poration court of the city, shall cause a notice of such election to be
published in some newspaper published in or having a general circula-
tion in said county, city or town once a week for three consecutive weeks.

The regular election officers of the county, city or town at the time
designated in the order authorizing the vote shall open the polls at the
various voting places in the county, city or town and conduct the election
in such manner as is provided by law in other elections in so far as the
same is applicable. The election shall be by ballot and the ballot shall
be prepared by the electoral board and distributed to the various elec-
tion precincts as in other elections. On the ballot used shall be printed
the following:

First. Shall the sale of beer and wine (containing more than three
and two-tenths per centum of alcohol by weight) be permitted in

P)

eee meer eee ewreer eee e te ee neces rewece nr see er ses merase eosreer eae etree nn eer eeezere

No
(Strike out one.)
Second. Shall the sale of alcoholic beverages, other than beer and
wine, be permitted ee... ee eeceeeeeeeeeceeeeesncceceseseceeeecenseeeeeneesees ?
Yes
No
(Strike out one.)
In the blanks shall be inserted the name of the county, city or town in
which the election 1s held:

Any voter desiring to vote “Yes” in answer to either question shall
draw a line through the word “No” and leave the word “Yes” unscratch-
ed; any voter desiring to vote “No” shall draw a line through the word
“Yes” and leave the word “No” unscratched.

The ballots shall be counted, returns made and canvassed as in other
elections and the results certified by the commissioners of election to the
circuit court of the county or the corporation court of the city, or the
judge thereof in vacation. Thereupon the court, or judge thereof in
vacation, shall enter of record an order duly certified by the clerk of
the court to be transmitted to the Board and to the board of supervisors.
council or other governing body of the county, city or town.
(b) No election herein provided for shall be held in any county,
city or town in any year in which there is in such county, city or town
a general election for the election of a Commonwealth's attorney, treas-
urer, and commissioner of the revenue or either or any of such officers.
After an election, such as is provided for in this section, shall have been
held in any county, city or town, no other such election shall be held in
the said county, city or town until the expiration of four years from the
date of such prior election; provided this shall not preclude there being
held in a town having a population of nine hundred or more inhabitants ac-
cording to the last preceding United States census within such period
an election within such town although an election has been held in the
county in which said town or part thereof is located less than four years
prior thereto.

(c) Upon a petition of the qualified voters of any town having a
population of five hundred or more and less than nine hundred inhabi-
tants, and being wholly within any county having an area of more than
five hundred fifty and less than six hundred square miles, all according
to the last preceding United States census, and which county adjoins
the State of North Carolina, filed with the circuit court of the County
wherein the town or the greater part thereof is situated, or the judge
thereof in vacation, signed by a number, not less than thirty per centum
of the number of votes cast by qualified voters of the town and counted
for presidential electors in the last preceding presidential election in the
said town, but in no event less than seventy-five, asking that a referen-
dum be held on the question shall the sale of beer and wine be permitted
in the said town, the court, or the judge thereof in vacation, shall by
order entered of record require the regular election officials of the town,
on the date fixed in the order, to open the polls and take the sense of
the qualified voters of the town, on the question submitted as herein
provided. Such election shall be held not more than ninety days nor less
than sixty days from the filing of the petition, but shall not be held on
any day that any other election 1s held in said town. The clerk of the
circuit court of the county wherein the town, or a greater part thereof,
is situated shall cause a notice of such election to be published in some
newspaper published in or having a general circulation in said town
once a week for three consecutive weeks.

The regular election officers of the town at the time designated in
the order authorizing the vote shall open the polls at the various places
in the town and conduct the election in such manner as is provided by
law in other elections in so far as same is applicable. The election shall
be by ballot and the ballot shall be prepared by the electoral board and
distributed to the various election precincts as in other elections. On the
ballot used shall be printed the following:

Shall the sale of beer and wine (containing more than three and
two-tenths per centum of alcohol by weight) be permitted in

>
In the blank shall be inserted the name of the town in which the election
is held.

Any voter desiring to vote “Yes’’ in answer to said question shall
draw a line through the word “No” and leave the word “Yes” unscratch-
ed; any voter desiring to vote “No” shall draw a line through the word
“Yes” and leave the word “No” unscratched.

The ballots shall be counted, returns made and canvassed as in other
elections and the results certified by the commissioners of election to the
circuit court of the county, or the judge thereof in vacation. Thereupon
the court, or judge thereof in vacation, shall enter of record an order
duly certified by the clerk of the court to be transmitted to the Board
and to the council or other governing body of the town. No election pro-
vided for in subsection (c) of this section shall be held in any town in
any year in which there is in that county a general election for the elec-
tion of a Commonwealth’s attorney, treasurer or commissioner of the
revenue, or either or any of such officers. After such an election shall
have been held in any such town no other such election shall be held
in the town until the expiration of four years from the date of such prior
election.