CHAPTER 408

An Act to amend and reenact § 4-75 of the Code of Virginia so as to delete
reference therein to State tax and markup stamps on alcoholic bever-
age containers.

[H 578]

Approved April 1, 1966

Be it enacted by the General Assembly of Virginia:

1. That § 4-75 of the Code of Virginia be amended and reenacted so as
to read as follows:

§ 4-75. Possessing, transporting, etc. alcoholic beverages illegally
acquired.—If any person, other than a common carrier, shall have, possess,
keep, carry, ship or transport alcoholic beverages upon which the tax
imposed by the laws of Congress has not been paid, he shall be guilty of a
misdemeanor.

The fact that spirits seized in the possession of any person are in
containers not bearing the required United States government stamps or
seals shall for the purposes of this chapter be prima facie evidence that
the tax imposed has not been paid.
It shall be unlawful to possess alcoholic beverages in amounts in
excess of one gallon, in containers not bearing * evidence showing
the same to have been purchased from the Board or a person licensed to
sell the same under the provisions of this chapter or other evidence that
the tax due to the Commonwealth or the markup required by the Board
has been paid, unless it can be proved that the alcoholic beverages were
lawiully acquired by the possessor thereof and lawfully transported into

irginia.

The 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 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 trial justice or court, before whom any person is con-
victed for the violation of this section may require such person to give
bond as is provided in § 4-92.