Chap. 472.—An ACT to submit to the qualified voters of the town of Warrenton,
in the county of Fauquier, Virginia, at a special election to be held therefor,
the question of the establishment of a dispensary for the sale of intoxicating
liquors therein, and in the event of a majority of those voting at said election
vote for said dispensary, then further to provide for. the establishment and the
conduct of the same, and to prohibit thereafter within said town, or within one
mile of its corporate limits, the sale, barter, or exchange of intoxicating liquors
by all persons, firms, or corporations, except as provided therein.

Approved April 2, 1902.

1. Be it enacted by the general assembly of Virginia, That on Satur-
day, the twenty-sixth day of April, nineteen hundred and two, there shall
be held within and for the town of Warrenton, in the county of Fauquier,
Virginia, a special election, at which shall be submitted to the qualified
voters of said town the question of the establishment of a municipal
liquor dispensary in said town as hereinafter provided, which said elec-
tion shall be held, and the returns thereof made, canvassed, and ascer-
tained as provided by the election laws of this State and the provisions
of the charter of said town for election of town officers so far as the same
are applicable, and except as modified by this act. The official ballots
prepared and used at said election shall contain the words “For dispen-
sary” and the words “Against dispensary,” and the voter desiring to vote
for the establishment of said dispensary as provided by this act shall
scratch out the words “Against dispensary,” leaving the words “For dis-
pensary”’ unscratched ; and the voter desiring to vote against the estab-
lishment of said dispensary as provided by this act shall scratch out the
words “For dispensary,” leaving the words ‘ ‘Against dispensary” un-
scratched. The certificate of the judges and clerks at said election shall
show the number of votes cast “For dispensary” and the number of votes
cast “Against dispensary,” and the commissioners of election. shall cer-
tify the result of said election to the council of said town, to be entered
of record on its minute books. And if at said election a majority of the
voters voting thereat shall vote for the establishment of said dispensary
as provided by this act, then it shall be unlawful for any person, firm, or
corporation, in any capacity whatsoever, to sell, barter, or exchange any
spirituous, vinous, malt, or intoxicating liquors of any kind in the said
town of Warrenton, or within one mile of its corporate limits, on or after
the first day of May, nineteen hundred and two, except as hereinafter
provided, and any one violating this section shall be guilty of a misde-
meanor, and, upon conviction thereof, shall be fined not less than one
hundred nor more than one thousand dollars, or imprisoned not less
than one month nor more than twelve months in the jail of said county,
or such person may be punished by both fine and imprisonment as afore-
said, in the discretion of the jury, and the subsequent section of this act
shall be in full force and effect; but if at said cleetion a majority of those
voting thereat shall vote against the establishment of said dispensary as
provided by this act, then the same shall not affect the general laws per-
taining to the sale of intoxicating liquors.

2. The council of the town of Warrenton shall at some time during the
month of April, nineteen hundred and two, and every two years there-
after, select three citizens of the said town Who shall constitute a dis-
pensary board for said town, and whose term of office shall begin with
their appointment and expire two years from date thereof. All vacancies
occurring on said board shall be filled by said council for the unexpired
term. 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 remove any member of said board when, in judg-
ment of said council, he has violated his oath or been guilty of any mis-
feasance in office. Said board shall clect one of its members ag chair-
man, whose duty it shall be to audit and: approve all the bills contracted
hy said board, and shall receive for his services the sum of fifty 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 corperate limits of the town of War-
renton, where such liquors shall be kept for sale under the direction of the
said dispensary board, by the manager, who shall have charge and con-
trol 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 dismissal at
the pleasure of said dispensary board. He shall give bond in the sum to
be fixed by said dispensary board for the faithful discharge of his duties,
and for the payment of all sums of money received by him to the treas-
urer of the town of Warrenton; and he shall be paid a salary to be fixed
by said dispensary board. 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 dispensary
and the purchase of stock, from time to time, shall be paid by the treas-
urer of the town of Warrenton upon presentation of such bills approved
in writing by the dispensary board and 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 ac-
count of the same.

5. Said dispensary board shall make, from time to time, rules and reg-
ulations 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 regu-
larly licensed physician. The dispensary shall not be opened before sun-
rise, and shall be closed at sunset each day, and it shall be closed on Sun-
days, election days, and such other days, and under the same circum-
stances, as make the sale of liquors unlawful under the laws of this State.

6. The price at which spirituous, vinous, or malt liquors shall be sold
shall be fixed by the dispensary board.

?%. 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 at once be bottled and
sealed and the price labelled thereon. The said board shall appoint some
reliable person to assist said manager whenever it shall become necessary
to break any original package and bottle and seal same, the duty of which
person it shall be to see that all of such original packages are bottled in
such size packages as may be suggested by the said manager, and securely
corked and sealed and the price labelled thereon. The said manager shall
at no time keep, or allow to be kept, any broken or unsealed packages 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 pack-
ages 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 within such distance from the entrance to the dispen-
sary as the said board may prescribe. Said manager shall make a
monthly report to the dispensary board, showing the amount of purchase
and sales for the preceding month, and the stock on hand on the last day
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 dispensary
that are not known on the market as pure and unadulterated, and the
board may have the liquors purchased analyzed from time to time to as-
certain if they are pure as represented. If any liquors are condemned
by the chemist making the analysis as impure and unwholesome, such
liquors shall not be sold at said dispensary, and the same shall be re-
turned to the person from whom purchased, and payment for same re-
fused.

9. No liquors shall be 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 pur-
chased or are purchasing liquor from said dispensary for the purpose of
selling 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 if in such case such board becomes satisfied that
any person or persons are directly or indirectly purchasing repeatedly
for the purpose of reselling, then the dispensary board is authorized to
direct the manager not to sell to such persons except upon the certificate
of a reputable physician that such liquors are needed for medicinal pur-
poses. 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 control of the town council as to the amount bor-
rowed, and shall have the power to do all other proper things not con-
trary to law in order to carry out the true intent of this act.

10. The manager of said dispensary shall not allow any person or per-
sons to loiter in or about the said dispensary, and any person who is vio-
lating 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 be prescribed by the ordinances of said town.

11. The council of the said town of Warrenton shall, from time to
time, pass such ordinances as may be necessary to carry out the provis-
ions 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 provided
for in this act, which amount shall be repaid into the town treasury from
the profits arising from said dispensary as they shall accrue, and no
profits shall be paid out in any other direction until said amount is so
repaid, and thereafter said dispensary shall be supported and maintained
out of the profits accruing out of said business: provided, however, that
the said town council may allow the said board to borrow money and buy
goods on 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 item-
ized expense of said dispensary, salary paid manager, dispensary board,
and all other moneys expended on account of said dispensary, and money
received on account thereof.

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

15. The treasurer of said town shall be liable on his official bond for
all money received by him hereinunder, and shall receive for his services
one per centum 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 Warrenton may direct. He shall disburse
said funds as directed by said dispensary 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 Vir-
ginia, three-fourths to the town of Warrenton for general purposes as
the council of the town of Warrenton may elect. 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 himeelf or by associating or combining with others, or who
shall in any manner aid, or assist, 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 members of any club or
association, shall be guilty of misdemeanor, and punished by a fine of not
less than one hundred dollars nor more than one thousand, or by con-
finement in jail of not less than one month nor more than twelve months,
or both.

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

19. Fifteen days’ notice of this election for or against dispensary by
publication, or by the posting of this act, shall be sufficient, anything in
the general law to the contrary notwithstanding.

20. All laws or parts of laws in conflict with this act are hereby re-
pealed so far as applicable to Warrenton, Fauquier county, Virginia, and
the adjacent county within one mile of its corporate limits.

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