Chap. 464.—An ACT to establish a dispensary for the sale of intoxicating hquors
in Waverly magisterial district, Sussex county, Virginia; to prohibit all per-
sons, firms, or corporations to sell, barter, or exchange such liquors in said dis:
trict, and to repeal all laws in conflict with this act, so far as they apply tu
said magisterial district.

Approved December 17, 1903.

1. Be it enacted by the general assembly of Virginia, That it shall I+
unlawful for any person, firm, or corporation, in away capacity whatever.
to sell, barter, or ‘exchange any spirituous, vinous. malt, or intoxicating
liquors of any kind in Waverly magisterial district, Sussex county, Vir-
ginia, after December first, nineteen hundred and three, except as here-
inafter provided, and any person violating this act shall be guilty of a
misdemeanor, and, upon conviction, shall be fined not. less than twenty-
five dollars for cach offense or imprisoned in the county jail not to ex-
ceed twelve months, or both.

2. The town council of the town of Waverly, Sussex county, Virginia.
shall jmimediately upon the passage of this act elect three members of its
board, or three other citizens of said town, who shall censtitute a dis
pensary board for the said magisterial district, whose term of oftice shall
hegin on the day they are clected, and expire two years from the day
on which they are elected, and their successors shall be clected regularly
every two years thereafter. All vacancies occurring in said dispensary
board shall be filled hy the council for the unexpired term, and the
council shall have power to remove any member of said board who fail-
or refuses to carry out the provisions of this act, and there shall be no
appeal from the action of the council when they so remove a member of
the said board. But before entering upon their duties the members of
the said dispensary board shall um tke. and subseribe an oath that they will
well and truly carry out, to the best of their ability, all the provisions
of this act, and all ordinances relating thereto.

3. Phe council of the said town may require the mayor of the town to
discharge the duties of general manager of the said dispensary, and shall
allow him a salary of twenty-five dollars per month, which shall be in
lieu of any other salary as mayor, or the council, in its discretion, may
elect a general manager other than the mayor, whose term of office shall
be two years, and allow him therefor a reasonable salary, not to exceed
twenty-five dollars per month.

1. It shall be the duty of said dispensary board to provide a suitabie
building or place for the business of the dispensary, within the corpora-
tion limits of the said town of Waverly, on Main street in the said town,
and the dispensary board shall select and purchase an ample stock of
spirituous, vinous, and malt liquors to meet the requirements of the trade,
which shall be kept and sold in the place provided by the said board as
above; the said board shall provide the necessary clerical force to do the
business of the dispensary at a salary to be fixed by the council; the said
board shall make an inventory of the first stock of liquors w ith which
the business of the dispensary is begun, before any are offered for sale,
and return the same to the town council, and every two months there-
after shall make an inventory of the stock on hand the last day of the
earn month, returning the same to the council.

It shall be the duty of the general manager, or the mayor acting
as —s manager, to supervise and: manage the sale of spirituous, vinous,
and malt liquors, within the corporate limits of the said town, as herein
provided, to see that all the provisions of the act, and ordinances and
regulations relative thereto, are carried out, and to recommend to the
dispensary board the purchase ot such spirituous, vinous, and malt li-
yuors as he deems suitable for the business of the said dispensary, and
shall make monthly reports to the council, showing the purchase and
amount of sales for the preceding month.

6. No spirituous, vinous, malt, or other intoxicating liquors shall be
sold to any person or persons exeept in bottles or other packages, and
whenever an original package is broken it shall be bottled at once. and
the price (both the cost and the price at which it is to be sold) ig to be
marked thereon by the dispensary board or seme one designated by the
board; there shal! not be kept in the dispensary any broken packages ot
any liquors of any kind; the quantity of liquor sold in the dispensary at
any one time to the same person shall not he less than one-half pint nor
more than four and three-fourths gallons, and it shall be unlawful for
the manager or any other person to open any package or bottle except
original packages as before provided, or to drink any liquor of any kind
in the dispensary.

The dispensary shall not be opened before sunrise and shall be
doer at sunset each day, except that it shall not be opened at all on
Sunday, or on election days, or any other days on which the sale of li-
quors is made unlawful by the laws of the State; nor is any liquor to be
sold to any person at any time who is an habitual drunkard, nor to mi-
ners, nor any person to he sold again,

The price at which the liquor shall be sold shall not be less than
twenty-five per centum, nor more than ninety per centum above the cost
of them, including freight.

9. No liquors shall be sold except for cash, and the net profits arising
from the sale of the liquors by the dispensary shall be distributed as fol-
lows: One-eighth to the State, three-eighths to the public schools of
Waverly magisterial district, and one-half to the town of Waverly for
general purposes, such distribution to be made once a year, or at the
discretion of the council, semi-annually.

10. The receipts from the sales made by the dispensary shall be de
posited daily in the bank of Waverly, in the town of Waverly, Virginia,
to the credit of the recorder of the said town: provided, before receiving
any money arising from the sales made by the dispensary, the said re-
corder shall enter into a bond with approved security before the town
council in the penalty of one thousand dollars for the faithful perform-
ance of his duty; the said recorder shall disburse the funds arising from
the sales of liquors by the dispensary as directed by the town council,
and shall receive as compensation therefor one per centum on the amount
received.

11. No person or persons, by associating themselves together or other-
wise in any manner, shall abet or assist in maintaining any club room or
other place in which intoxicating liquors of any kind are or may be kept
for sale, distribution, or division among themselves or others; any person
violating this section shall be deemed guilty of a misdemeanor and pun-
ished by a fine of not less than one hundred dollars.

12. The council of the town of Waverly, Virginia, is authorized to
borrow sufficient money in amount to purchase the first stock of liquors
for the dispensary, and pledge the said stock of liquors and receipts from
the sale thereof as security for the money borrowed for this purpose.

13. The first stock of liquors for the dispensary shall be purchased
for cash, and all future stocks on thirty days or cash by the dispensary
board or their agent; the invoices for all purchases on time shall be sub-
mitted to and audited by the dispensary board once a month, and the
council thereupon shall order the recorder to mail checks in payment
of same.

14. The salary of the members of the dispensary board shall be twelve
dollars per annum each.

15. The council shall have the power to adopt other rules and regu-

lations for the conduct of the business of the dispensary not inconsistent
with this act.

16. All laws or parts of laws in conflict with this act are hereby re-
pealed so far as applicable to Waverly magisterial district, Sussex county,
Virginia.

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