Chap. 517.—An ACT to repeal an act entitled ‘an act to impose a tax on cor-
porations chartered and organized as social clubs desiring to keep liquors at
their club house or other place of meeting, to be sold or given away to the

‘members of the corporation for the support of the government and public free
schools, and to pay the interest on the public debt, and to prescribe the mode of
paying such tax and penalty for its non-payment; to define the privileges of
such clubs, and to prescribe in what cases their charters may be revoked,” ap-
proved February 23, 1898, and to amend and re-enact section 144 of an act en-
titled an act to raise revenue for the support of the government and public free
schools, and to pay the interest on the public debt, and to provide a special tax
for pensions, as authorized by section 189 of the Constitution, approved April
16, 1903, and to repeal the charters of all social clubs granted by the State cor-
poration commission since April 16, 1903.

Approved December 31, 1903.

1. Be it enacted by the general assembly of Virginia, That an act en-
titled an act to impose a tax on corporations chartered and organized as
social clubs desiring to keep liquors at their club-house or other place of
meeting, to be sold or given away to the members of the corporation for
the support of the government and public free schools, and to pay the in-
terest on the public debt, and to prescribe the mode of paying such tax
and penalty for its non-payment; to define the privileges of such clubs,
and to prescribe in what cases their charters may be revoked, approved
February twenty-third, eighteen hundred and ninety-eight, be, and the
said act is hereby, repealed.

And be it further enacted by the general assembly of Virginia, That
section one hundred and forty-four of an act approved April sixteenth,
nineteen hundred and three, entitled “an act to raise revenue for the sup-
port of the government and public free schools, and to pay the interest
on the public debt, and to provide a special tax for pensions, as authorized
by section one hundred and eighty-nine of the Constitution,” be amended
and re-enacted so as to read as follows:

§ 144. Any corporation chartered and organized as a social club which
shall desire to keep on hand at their club-house wines, ardent spirits, malt
liquors, or ‘any mixture thereof, alcoholic bitters, or any mixture thereof,
bitters containing’ alcohol, or fruits preserved in ardent spirits to be sold,
directly or indirectly, or given away to the members of such corporation,
shall, on or before the thirtieth day of April in each year, pay to the
treasurer of the county or corporation wherein the club-house of suck
corporation is located two dollars for each and every person a member of
said corporation, which shall be in lieu of all other taxes upon such cor-
poration. for the sale, directly or indirectly, or the gift to its members of
any wines, ardent spirits, malt liquors, or any mixture thereof, alcoholic
bitters, bitters containing alcohol, or fruits preserved in ardent spirits:
provided, that the said tax to be paid by any one club shall not exceed the
sum of three hundred and fifty dollars: and provided, further, that noth-
ing in this section contained shall be construed to preclude any incor-
porated city or town from imposing a license tax not to exceed the amount
of license charged by the Commonwealth upon any such club organized
since April sixteenth, nineteen hundred and three, located within the cor-
porate limits of such city or town that sells or dispenses wines, ardent
spirits, malt liquors, or any mixture thereof, alcoholic bitters, bitters con-
taining alcohol, or fruits preserved in ardent spirits.

Any such corporation shall not sell, directly or indirectly, any wines,
ardent spirits, malt liquors, or any mixture thereof, alcoholic bitters, bit-
ters containing alcohol, or fruits preserved in ardent spirits, to any per-
son or persons unless such person be a member of said corporation, and be
over twenty-one years of age.

The club-house of any corporation chartered and organized for a social
club, which shall desire to keep on hand wines, ardent spirits, alcoholic
bitters, bitters containing alcohol, or fruit preserved in ardent spirits, to
be sold directly or indirectly, or given away to any member, shall not be
located in the same building in which there is a duly licensed public bar.

The club-house shall be kept open with its usual and proper attendants
and servants at least twelve hours per day, except Sunday: provided, that
any such corporation which has its club-house at the seaside, or is used
ag a fishing or a hunting club, shall be kept open only in and during the
proper season.

Such corporation, through its secretary and president, shall furnish
once a month, under oath, to the county clerk or clerk of the corporation
court in which the club-house is located, a list of its members, and shall
furnish, under oath, once a year, immediately after its annual meeting,
to said clerk a list of the officers for the ensuing year, which list shall at
all times be open to public inspection.

Every such corporation shall charge and collect an entrance fee of not
less than ten dollars, and dues of not less than one dollar per month.

Provided, further, that no corporation heretofore or hereafter chartered
and organized as a social club which is located in any county, city, town,
or district in which local-option or dispensary laws prevail, or in which
license has been refused under section one hundred and forty-three of
this act, or where no license has been granted under said: section one hun-
dred and forty-three, shall have the right to keep on hand at its club-
house wine, ardent spirits, malt liquors, or any mixture thereof, alcoholic
bitters, bitters containing alcohol, or fruits preserved in ardent spirits
to be sold directly or indirectly or to be given away to menfbers of such
corporation or to any one else, and no such social club shall be chartered
hereafter carrying with such charter the right to keep on hand at its
club-house wine, ardent spirits, malt liquors, or any mixture thereof,
alcoholic bitters, bitters containing alcohol, or fruits preserved in ardent
spirits, to be sold or given away, which is sought to be located in any
county, city, town, or district in which local-option or dispensary laws
prevail, nor elsewhere until and unless the judge of the court shall, in
addition to the certificate required by section three of an act entitled “an
act concerning corporations,” certify to the corporation commission that,
in his opinion, such charter should be granted, and that the granting of
said charter would not be against sound public policy: provided, that
each such social club shall at the time of granting its charter, and as a
condition precedent to the dispensing of any such liquors, or any mix-
ture thereof, enter into a bond in a penalty of two thousand dollars be-
fore the court of the county or corporation wherein such club is located,
payable to the Commonwealth, and conditioned upon a faithful com-

106 .
834 ACTS OF ASSEMBLY.

pliance by such club with all of the provisions of this act, and with secu-
rity deemed sufficient by such court. The failure on the part of any such
said corporation to comply with any of the above provisions shall work a
forfeiture of its charter, and the court or justice trying any case under
this act shall, whenever a judgment or conviction is rendered against
such social club, declare the charter of such corporation forfeited. The
corporation shal] have the right of appeal to the circuit court of the
county or to the corporation or hustings court of the city wherein such
club is located from the decision of the justice, and to the supreme court
of appeals from the judgment of the circuit or “corporation or hustings
court where the cause is tried originally in such circuit or corporation or
hustings court. And the court rendering a final judgment of forfeiture
against such club shall so certify to the State corporation commission.
And the certificate of incorporation of every club hereafter created
which intends to sell or dispense such liquors shall set out the exact loca-
tion of the proposed club-house of such club, and such liquors, or any of
them, or any mixtures thereof, shall be sold or dispensed at no other
place or location than that specified in such certificate of incorporation.
Provided, further, that no charter shall be granted any corporation for
a social club which does not clearly state in the application therefor
whether or not it desires the privilege of dispensing at its club-house
wines, ardent spirits, malt liquors, or any mixtures thereof, alcololic
bitters, bitters containing alcohol, or fruits preserved in ardent spirits.
2. This act shall be in force from its passage.