CHaP. 118.—An ACT to establish boards of commissioners of ex-
cise and to define their duties and powers.

Approved February 25, 1890.

Whereas there exists in the cities of the commonwealth
a growing dissatisfaction with the system under which
licenses for the sale of ardent spirits are granted; and
whereas the legislature recognizes the justice of the
urgent and imperative demand growing out of this dis-
satisfaction for a change in the present system, and is
disposed to surround the granting of these licenses in
large municipal corporations with all the safeguards sug-
gested by an enlightened and progressive public policy;
therefore,

1. Be it enacted by the general assembly of Virginia,
That the auditor of public accounts, the second auditor,
and the treasurer shall constitute and be known as the
state board of commissioners of excise. Any two of them
shall constitute a quorum.

2. The said board shall elect one of their number chair-
man and another secretary, and shall keep a book of min-
utes of their proceedings, in which shall be entered an
account of the proceedings of the board, including all
appointments and removals of members of the citys
boards.

3. It shall be the duty of the state board of commis.
sioners of excise to elect for each city in the common.
wealth three qualified voters (who shall be residents o:
the city for which they are chosen) to be known as the
board of commissioners of excise for that city, who shal.
go into office within ten days after their election, having
first taken, subscribed and filed in the clerk’s office of the
corporation or hustings court, as the case may be, the
oath prescribed for county and city officials, said oath to
be taken and subscribed before any person qualified to
administer oaths. The term of office of the members of
this board shall continue during the pleasure of the
state board, and until their successors are appointed by
said board and qualified.

4. Each city board of commissioners of excise shall, at
its first meeting, elect one of their number chairman and
another secretary, and any vacancy occurring therein by
death, resignation, removal or otherwise, shall be filled
by the state board, and the person so chosen shall remain
in office until the end of the unexpired term of the per-
son in whose stead he was selected. In case of the ab-
sence from any meeting of the chairman who was elected
as above required, then either of the other members may
act as chairman pro tempore, and in that capacity shal)
endorse any application passed on at such meeting.

5. It shall be duty of the board for any city to consider
the applications for license which shall be referred to it
in pursuance of law, and filed with its secretary. For the
purpose of this consideration, the board may adjourn
from day to day and time to time so as not, however, to
sit more than fifty days in any one year. After an appli-
cation has been filed with the board, they shall enquire
into the character of the applicant, the suitability, con-
venience and appropriateness of the place at which the
proposed business is to be conducted, and the general
propriety of approving the application. The petitions of
resident citizens for and against the application may be
filed with the board, and shall be duly considered by
them. The chairman or acting chairman of the board,
whenever they deem it necessary for the purpose of in-
forming themselves on any of the matters referred to
their consideration by this act to have witnesses before
them, may issue his summons, to be served by the ser-
geant of the city, for any person within said city to ap-
pear before them on a day and at a place named to testify
touching the case in hand. After hearing all the testi-
mony adduced for and against an application and making
the investigation necessary to satisfy themselves on the
matters referred to their discretion, the board may
pprove or disapprove the application as it seems right
ind proper to do’ Applications approved by the board
hall be endorsed “ approved,” with the signature of the
‘hairman or chairman pro tempore, and applications dis-
ipproved shall be endorsed “ disapproved,” with the like
ignature.

6. Two members of any city board shall constitute a
jworum. The secretary of the board shall keep in a book
io be provided for the purpose by the state minutes of the
proceedings, in which shall be entered a memorandum of
the action of the board on each application. This memo-
randum shall show the name of the applicant, the nature
of the business, the place at which it is sought to be con-
ducted, whether the application was “approved” or “ dis-
approved,” and the date of the same.

i. Whenever, in any city, from failure to qualify, death,
resignation, or otherwise, there is no board of commis-
sioners of excise at the time any person wishes to make
application for one of the licenses referred to in section
five of this act, then such application may be made to the
corporation or hustings court of said city, which may
grant the license; but where there is such a board in office
the corporation or hustings court shall not consider any
application for license to sel] liquors within the said city
until and unless the same shall have been first referred to
and considered by said board, and returned with the en-
dorsement ‘‘ approved” over the signature of the chair-
man-elect or chairman pro tempore.

3. Each member of a city board shall receive three dol-
lars per day from the.state for each day of actual service.
The fees of witnesses and officers shall be such as are
provided by the code for similar services, and shall be
paid out of the public treasury on the certificate of the
secretary of the board.

9. All laws or parts of laws in conflict with the provis-
ions of this act are hereby repealed.

10. This act shall be in force from its passage.