Chap. 130.—An ACT to establish a dispensary for the sale of intoxicating
liquors in the town of Boydton, Mecklenburg county, Virginia, and within
one mile of the corporate limits of the said town, to prohibit all persons,
firms, corporations to sell, barter or exchange such liquors in said town,
and within one mile of the corporate limits thereof, and to repeal all laws
in conflict with this act, so far as they apply to the said town, and the
country within one mile of its corporate limits.

Approved February 14, 1901.

1. Be it enacted by the general assembly of Virginia, That it shall
e unlawful for any person, firm, or corporation, in any capacity what-
ver, to sell, barter, or exchange any spirituous, vinous, malt, or intox-
cating liquors of any kind in the town of Boydton, Mecklenburg county,
‘irginia, and within one mile of the corporate limits of the said town,
fter July first, nineteen hundred and one, except as hereinafter pro-
ided ; and any one violating this section shall be guilty of a misdemeanor,
nd upon conviction, shall be fined a sum not less than twenty-five
lollars ($25), nor more than one hundred dollars ($100), or imprisoned
1ot less than one (1) month, or more than six (6) months, or both.

2. The council of the town of Boydton shall, on the first Monday in
fune, nineteen hundred and one, elect three citizens of the town of
Soydton, either from its own members, or from the electors of said town,
or both, who shall constitute a dispensary board for the said town of
Boydton, and country within one mile of the corporate limits of said
town, whose terms of office shall begin on the fifteenth day of June,
nineteen hundred and one, 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, 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, occurring before the expiration
of the term which shall be for the unexpired term of the predecessor.
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 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 a sum not exceeding fifty ($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 Boydton, where 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 two hundred
and fifty dollars ($250) 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 Boydton; he shall be paid a salary, to be fixed by said
council, 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
dispensary and the purchase of stock from time to time, shall be paid
by the treasurer of the town of Boydton, upon presentation of such
bills approved, in writing, by the chairman of 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 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
wines and liquors be sold to any person known to be an habitual drunk-
ard, to minors, or persons intoxicated, except upon the prescription of
a regularly licensed physician. The dispensary shall not be opened
before sunrise, and shall be closed at sunset each day, and it shall be
closed on Sundays, election days, 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 dispensary board: provided, that the same
shall not be sold for a profit exceeding eighty (80) per céntum above the
actual cost thereof.

7. 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 any original package and bottle and seal the same,
the duty of which person it shall be to see that all of such originai
packages is bottled in such size packages as may be suggested by the
said manager, and securely 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 nv 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 pur-
chases 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 ascertain if they are pure as represented. If any 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 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
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 purchasing
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 such liquors
are needed for medicinal purposes. he 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 be prescribed by the ordinances of said town.

1. The council of the said town of Boydton shall, from time to
time, pass such ordinances 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 treasurv
of said town a sufficient amount to establish the dispensary as provided
for in this act, which amount shall be repaid into said town treasury
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 moneys expended on account of said dispensary,
and moneys received on account thereof.

4. The members of said board, other than chairman, shall be paid
for the services ten dollars ($10.00) per annum.

The treasurer of the town of Boydton, before receiving any of
the ‘funds derived from said dispensary, shall enter into bond sufficient
to cover the amount of funds received by 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 Bovdton. The said treasurer
shall receive for his services one (1) per ecentum of all moneys 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 Boydton 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 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 Virginia, and the residue to the town of Boydton. Such distribution
shall be made when ordered by said board and at least once a year.

17. Any person or persons who shall directly or indirectly keep or
maintain by himself, or by associating or combining with others, or who
shall 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 themselves or mem-
bers of any club or association, shall be yuilty of a misdemeanor, and
punished by a fine of not less than ten dollars nor more than one hun-
dred 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 Boydton such of their stock on
hand May first, nineteen hundred and one, as may be desirable to keep
in said dispensary: provided, they 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 laws in conflict with this act are hereby re-
pealed, so far as applicable to Boydton district, Mecklenburg county,
Virginia.

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