Chap. 810.—An ACT to establish a dispensary for the sale of intoxicating
liquors in Franklin magisterial district, Southampton county, Virginia, to
prohibit all persons, firms, corporations to sell, barter, or exchange such
liquors in said district, and to repeal all laws in conflict with this act, so
far as they apply to the said magisterial district.

Approved March 6, 1900.

1. Be it enacted by the general assembly of Virginia, That it shall
be unlawful for any person, firm, or corporation, in any capacity what-
ever, to sell, barter, or exchange any spirituous, vinous, malt, or intoxi
cating liquors, of any kind, in Franklin magisterial district, Southamp.
ton county, Virginia, after May first, nineteen hundred, except as here-
inafter provided, and any one violating this section shall be guilty o!
@ misdemeanor, and, upon conviction, shall be fined a sum not less
than twenty-five dollars ($25), nor more than one hundred dollars ($100),
or pnprisoned not less than one (1) month or more than six (6) months,
or both.

2. The council of the town of Franklin shall, on the first Tuesday in
April, nineteen hundred, elect three citizens of the town of Franklin,
who shall constitute a dispensary board for the said magisterial dis-
trict, whose terms of office shall begin on the fifteenth day of April,
nineteen hundred, and the term of the first one elected shall expire one
year from said date; the second, two years; and the third, three years.
All vacancies occurring on said board shall be filled by the said council
for the unexpired term, and the term of said members of said board shall
in all cases be three years, except those first above mentioned and where
there is an election to fill a vacancy. The members of said board
shall, before entering upon the duties of their office, make oath that
they will well and truly carry out, to the best of their ability, all the
provisions of this act, and the said council shall have the right to re-
move any member of the said board, when, in their judgment he has
violated his oath or been guilty of a malfeasance in the office. Said
board shall elect one of its members as chairman, whose duty it shall
be to audit and approve all its bills contracted by said board, and shall
receive for his services the sum of fiftv ($50) dollars per year.

3. It shall be the duty of the said dispensary board herein provided
for, to provide a suitable place for the sale of spirituous, vinous, malt,
and other intoxicating liquors within the corporate limits of the town
of Franklin when such liquors shall be kept for sale under the direction
of the said dispensary board by the manager, who shall have charge and
control of all liquors bought by said dispensary board for sale in said
town. The said manager shall be chosen by said dispensary board, and
shall have charge of said dispensary, or place for sale of liquors, subject
to the control of the dispensary board, and he shall be subject to dis-
missal at the pleasure of said dispensary board; he shall give bond
in the sum to be fixed by said dispensary board, not less than five hun-
dred dollars ($500), for the faithful discharge of his duties, and for the
payment of all sums of money received by him to the treasurer of the
town of Franklin; he shall be paid a salarv, to be fixed by said dispensary
board, not exceeding the sum of fifty dollars ($50) per month, which
compensation shall not be dependent upon the amount of sales made
by him. It will be the duty of the manager to keep a register, on which
shall be kept a record of the quantity sold, price paid, and date of sale.

4. The manager of the dispensary shall at all times keep under the
supervision of the dispensary board, a stock of spirituous, vinous, and
malt liquors in such quantities as the dispensary board shall direct; and
all bills incurred for the establishment and maintenance of the dis-
pensary and the purchase of stock from time to time, shall be paid
by the treasurer of the town of Franklin, upon presentation of such
bills approved in writing by the chairman of the dispensarv board and
878 ' ACTS OF ASSEMBLY.

said manager. Said manager shall sell only for cash, and shall turn over
all moneys received by him to the treasurer of the town once a week,
who shall keep a separate account of the same.

5. Said dispensary board shall make from time to time rules and
regulations for the operation of said dispensary, but in no event shall
wine or liquors be sold to any person known to be an habitual drunkard,
to minors or persons intoxicated, except upon the prescription of a
regularly licensed physician. Thé dispensary shall not be opened be-
fore sunrise and shall be closed at sunset each day, and it shall be closed
on Sundays, election davs, and such other days, and under the same
circumstances as make the sale of liquors unlawful under the laws of
this state. The room in which said business shall be conducted, shall
front upon one of the principal streets in said town, and shall have no
other means of ingress or egress, except the front door thereof.

6. The price at which spirituous, vinous, or malt liquors shall be sold
shall be fixed by the dispensarv board: provided, that the same shall
not be sold for a profit exceeding (80) eighty per centum above the
actual cost thereof. .

%. The manager of said dispensary shall sell to no person or persons,
any spirituous, vinous, or malt liquors, except in sealed packages. and
whenever any original package is broken, it shall be at once bottled and
sealed and the price labeled thereon. The said board shall appoint
some reliable person to assist said manager whenever it shall become
necessary to break anv original package and bottle and seal the same,
the duty of which person it shall be to sce that all of such original
packages, is bottled in such size packages, as may be suggested by the
said manager, and securelv corked and sealed and the price labeled
thereon. The said manager shall at no time keep, or allow to be kept,
any broken or unsealed package of liquor in said dispensary, either for
his own use, or for the use of any other person or persons. The amount
of liquor sold in said sealed packages in said dispensary shall in no
case be less than one-half a pint, nor more than four gallons, and it
shall be unlawful for the said manager, or any other person, to open any
such package or bottle, or to drink any liquor of any kind, in or within
ten feet of the entrance to the said dispensary. Said manager shall
make a monthly report to the dispensary board, showing the amount
of purchases and sales for the preceding month, and the stock on hand
on the Jast dav of the month.

8. Said dispensary board may cause an inspection and analysis to be
made of the stock on hand from time to time by a competent chemist,
and no spirituous, vinous, or malt liquors shall be sold in said dis-
pensary that are not known on the market as pure and unadulterated,
and the board mav have the liquors purchased analvzed from time to
time to ascertain if thev are pure as represented. If anv liquors are
condemned by the chemist making the analysis as impure and unwhole-
some, such liquors shall not be sold at said dispensary and the same
shall be returned to the person from whom purchased and payment for
the same refused.

9. No liquors shall he sold in said dispensary to persons purchasing
for the purpose of selling again, and said dispensary board is required
to make such rules, and require the manager to make such investigation
as will, so far as practicable, prevent persons from so purchasing; and if
the said board becomes satisfied that any person or persons have
purchased or are purchasing liquor from the said dispensary for the
purpose of selling it again, they shall direct the manager as to the
quantity to be sold to such person or persons, which shall be such an
amount as will probably prevent a resale, and in case such board becomes
satisfied, that any person or persons are directly or indirectly pur-
chasing repeatedly for the purpose of reselling, then the dispensary
board is authorized to direct the manager not to sell to such person or
persons except upon the certificate of a reputable physician that stfch
liquors are needed for medical purposes. The said dispensary board
shall have power to employ attorneys, agents, or detectives to assist
and aid in the detection and prosecution of any violation of this act;
may borrow money necessary to conduct said dispensary, subject to the
control of the town council as to the amount borrowed; and shall have
the power to do all other proper things, not contrary to law, in order
to carry out the true intent of this act.

10. The manager of the dispensary shall not allow any person or
persons to loiter in or about the said dispensary, and any person who
is violating this provision and refuses to leave at the request of the
manager shall be punished upon conviction in the mayor’s court of said
town as may he prescribed by the ordinances of said town.

11. The council of the said town of Franklin, shall, from time to
time, pass such ordinanees as may be necessary to carry out the pro-
visions of this act, and shall prescribe suitable penalties for violations
of said ordinances. .

12. The council of the said town shall appropriate from the treasury
of said town, a sufficient amount to establish the dispensary as pro-
vided for in this act, which amount shall be repaid into said town treas-
ury from the profits arising from said dispensary as they shall accrue,
and no profit shall be paid out in any other direction until said amount
is so repaid, and thereafter said dispensary shall be supported and main-
tained out of the profits accruing out of said business: provided, how-
ever, that the said town council may allow said board to borrow money
or buy goods on the credit of the dispensary alone, if it be necessary
to keep said dispensary in operation.

13. The dispensary board shall make and publish an annual report
showing in detail the amount of money expended in the purchase of
liquors; the amount of money realized from the sale of liquors; the
itemized expenses of said dispensary; salary paid to manager, dispensary
board and all other monevs expended on account of said dispensary,
and moneys received on account thereof.

14. The members of said board, other than chairman, shall be paid
for their services, twelve dollars ($12) per annum.

15. The treasurer of the town of Franklin, before receiving anv of
the funds derived from said dispensarv, shall enter into bond sufficient
to cover the amount of funds received bv him, which bond shall be of
an amount of not less than one thousand dollars ($1,000), to be received
and approved by the mayor and council of Franklin. The said treasurer
shall receive for his services one (1) per centum of all monevs coming
into his hands under this act, for receiving, holding, and disbursing
the same. He shall deposit all moneys paid to him under this act in
such depository as the said council of the town of Franklin may direct,
and shall not be responsible for any loss occasioned by the failure of
said depository. He shall disburse said funds as directed by said dis-
pensary board under the terms of this act.

16. The net profits accruing from said dispensary under this act
shall be disposed of in the following manner: One-fourth to the state
of Virginia, three-eighths to the town of Franklin for its general pur-
poses, and three-eighths to the town of Franklin for the support of its
public schools. Such distribution shall be made when ordered by said
board and at least once a year.

1%. Any person or persons who shall directly or indirectly keep or
maintain, by himself or by associating or combining with others, or
who shal]l in any manner aid, assist, or abet, in keeping or maintaining
any club-room or other place, in which intoxicating liquors are received
or kept for sale or distribution or division among the members of anv
club or association, shall be guilty of a misdemeanor, and punished by a
fine of not less than ten dollars nor more than one hundred dollars or
by confinement in jail not less than ten days nor more than thirty days,
or both.

18. In establishing said dispensary, said dispensary board may pur-
chase from the present liquor dealers in Franklin such of their stock
on hand May first, nineteen hundred, as may be desirable to keep in
said dispensary: provided, thev shall not pay more than wholesale cost
for the same; and provided, that they shall be satisfied that the same
are pure.

19. All laws or parts of Jaws in conflict with this act are hereby re-
pealed so far as applicable to Franklin magisterial district, Southamp-
ton county, Virginia.

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