Chap. 494.—An ACT to submit to the qualified voters of the town of Scottsville,
in the counties of Albemarle and Fluvanna, Virginia, at a special election to be
held therefor, the question of the establishing a dispensary for the sale of in-
toxicating liquors therein, and in the event a majority of those voting at said
election vote for said dispensary, then further to provide for the establishing
and the conduct of the same, and to prohibit thereafter within said town the
sale, barter, or exchange of intoxicating liquors by all persons, firms, or cor-
porations except as herein provided.

Approved December 26, 1903.

1. Be it enacted by the general assembly of Virginia, That on the
fourth Thursday in August, nineteen hundred and four, or at such other
time after said date, but not on the day of general election. as may be
designated by the judge of the circuit court of Albemarle, there shall be
held within and for the town of Scottsville, in the counties of Albemarle
and Fluvanna, 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 election shall be held and the returns thereof made and canvassed
and ascertained as provided by the general Jaws of this State and the pre-
visions of the charter of said town so far as same are applicable, and ex-
cept as modified by this act. Notice of the time of holding such electior
shall be posted as provided by general law. The official ballots prepare:
and used at said election shall contain the words “For dispensary” and th:
words “Against dispensary.” The voter desiring to vote for the estal-
lishment of said dispensary as provided by this act shall scratch the wand.
“Against dispensary,” leaving the words “For dispensary” unscraich«:
and the voter desiring to vote “against the establishment of said dispensar
as provided by this act shall scratch out the words “For dispensary,” leav-
ing the words “Against dispensary” unscratched. The certificate of the
judges and clerks. at said election shall show the number of votes cast

“against dispensary,” and the commissioners of election shall certify the
eel of said election to the council of said town, to be entered of record
on its minute books. And if at said clection a majority of the voter
voting thereat shall vote for the establishment of said dispensary as pre-
vided by this act, then it shall be unlawful for any person, firm, or cor-
poration, in any capacity whatever, to sell, barter, or exchange any
spirituous, vinous, malt, or intoxicating liquors of any kind in the town
of Scottsville, in Albemarle and Fluvanna counties, Vi irginia, after the
expiration of four months from the dav on which such election is held.
except. as hereinafter provided, and any one violating this section shall b<
guilty of a misdemeanor, and upon conviction shall be fined a sum not les
than twenty-five dollars nor more than one hundred dollars, or impris-
oned not less than one month or more than six months, or both.

2. If at said election a majority of the voters voting thereat shall vote
for the establishment of a dispensary as provided in this act, then the
council of the town of Scottsville shall, on the first Tuesday in December.
nineteen hundred and three, or as soon thereafter as practicable, elect
three citizens of the town of Scottsville, who shall constitute a dispensary
hoard for the said town, whose terms of office shall begin immediately on
the date of their election, 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 wher
there is an clection 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 remove any member
of the said board when, in their judgment, he has violated his oath or
heen 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 hoard, 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 t
provide a suitable place for the sale of spirituous, vinous, malt, and other
intoxicating liquors within the corporate limits of the town of Scottsville.
where such liquors shall be kept for sale under the direction of the “
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 shell be chosen by said dispensary board, and shall have charge
of said dispensary or place for the sale of liquors, subject to the control
of the dispensary board, and he shall be subject to dismissal at the pleas-
ure of said dispensary board’; he shall give bond in the sum to be fixed by
said: dispensary board, not less than five hundred dollars, for the faithful
discharge of his duties and for the payment of all sums of money re-
ceived by him to the treasurer of the town of Scottsville; he shall be paid
a salary to be fixed by said dispensary board, not exceeding the sum of one
hundred dollars per month, which compensation shall not be dependent
upon the amount of sales made by him. It shall be the duty of the man-
ager to keep a register, on which shall be kept a record of the quantity
sold, price paid, and date of sale. 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 dispen-
sary 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 Scottsville, upon pre-
sentation of such bills, approved in writing by the chairman of the dispen-
sary board, and 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.

4. 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 hebitual 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 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
streets in said town, and shall have no other means of ingress or egress
except through the front door thereof.

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

6. The manager of said dispensary shall sell to no person or persons
any spirituous, vinous, or malt liquors except in sealed packages, and
whenever an 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 original packages are bot-
tled in such size packages as may be suggested by the said manager, and
securely corked and sealed, and the price labeled thereon. The said man-
ager 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 of the said dis
pensary. 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 last day of the month.

%. Said dispensary board may cause an inspection and analysis to be
made of thé 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 chem-
ist making the analysis as impure and unwholesome, such liquors shall
not be sold at said dispensary, and the same shall be returned to the per-
son from whom purchased and payment for the same refused.

8. No liquors shall be sold in said dispensary to persons purchasing for
the purpose of selling again, and said dispensary board is required te
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 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 per-
sons are directly or indirectly purchasing repeatedly for the purpose of re-
selling, 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 medical purposes. The said
dispensary board shall have power to employ attorneys, agents, or detec-
tives 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.

9. 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.

10. The council of the said town of Scottsville shall from time to time
pass such ordinances as may be necessary to carry out the provisions of
this act, and shall prescribe suitable penalties for violations of said. ordi-
nances.

11. The council of the said town may 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 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 maintained out of
the profits accruing out of said business: provided, however, 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.

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

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

14. The treasurer of the town of Scottsville, 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 for an
amount of not less than one thousand dollars, to be received and approved
by the mayor and council of Scottsville. The said treasurer shall receive
for his services one per centum of all moneys coming into his hands under
this act. He shall deposit all moneys paid to him under this act in such
depository as the said council of the town of Scottsville may direct, and
shall not be responsible for any loss occasioned by the failure of said de-
pository. He shall disburse said funds as directed by said dispensary
board under the terms of this act.

15. The net profits accruing from said dispensary under this act shall
be disposed of in the following manner: One-eighth to the State of Vir-
ginia, seven-cighths to the town of Scottsville, to be used for the gov-
ernmental expenses of said: town and other town purposes. But the coun-
cil of said town may, in its discretion, cause such parts of said seven-
eighths as they may decm proper to be accumulated and deposited in
some safe depository to be selected by said town council at interest, and
whenever practicable to be withdrawn and applied by said town council
in constructing, or aiding in the construction, of a bridge suitable for
wagons and other vehicles across James river at Scottsville, and for the
purpose of paying the interest and principal of any bonds that may here-
after be issued by said town for that purpose under the act of the assem-
bly approved January twenty-fourth, nineteen hundred, found on page
one hundred and forty-seven of the acts of the assembly of Virginia of the
sessions of eighteen hundred and ninety-nine and nineteen hundred, and
after the construction of said bridge said council of said town shall have
the right, in their discretion, to apply such part of the said seven-eighths
as it may think proper to the maintenance and improvement of the pub-
lic roads and bridges in the magisterial district surrounding said town in
such manner as said council may direct.

16. 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 the members of any club
or association in said town, shall be guilty of a misdemeanor and pun-
ished 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.

17. In establishing said dispensary said dispensary board may pur-
chase from the present liquor dealers in Scottsville such of their
on hand January first, nineteen hundred and four, as may be desira
keep in said dispensary: provided, they shall not pay more than v
sale cost for the same: and provided, that they shall be satisfied th:
same are pure.

18. All laws or parts of laws in conflict with this act are herel
pealed so far as applicable to said town of Scotisville.

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