Chap. 116.—An ACT to amend and re-enact section 142 of an act of the general
assembly of Virginia, entitled “an act to amend and re-enact sections 7 5 to 147,
inclusive, of an-act approved April 16, 1903,” and to provide how social clubs
chartered since April 16, 1903, shall obtain licenses to sell ardent spirits, etc.

Approved March 12, 1904.

1. Be it enacted by the general assembly of Virginia, That section one
hundred. and forty-two of an act of the general assembly of Virginia, en-
titled “an act to amend and re-enact sections seventy-five to one hundred
and forty-seven, inclusive, of an act approved April sixteenth, mineteen
hundred and three, entitled 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
one hundred and eighty-nine of the Constitution,” approved February

, nineteen hundred and four, be amended and re-enacted so as to
read as follows:

§ 142. Any corporation chartered and organized as a social club before
the sixteenth day of April, nineteen hundred and three, not then subject
to the license laws of this State, which shall desire to keep on hand at its
club house or other place of meeting wines, ardent spirits, malt lquors,
or any mixture thereof, alcoholic bitters or 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 or other place of meeting of such
corporation is located, a tax equal to two dollars for every person who has
been a member of such corporation during the preceding year, but the
tax shall be one-half of said amount when malt liquors only are sold or
given away at such club: provided, the license tax to the State shall not
in any case exceed three hundred and fifty dollars. Unless and until the
said tax has been paid any person concerned in keeping such wines,
ardent spirits, malt liquors, or any mixture thereof, alcoholic bitters, bit-
ters containing alcohol, or fruit preserved in ardent spirits, and selling,
directly or indirectly, or giving away the same, or any part of the same,
to any member or members of such corporation, shall be deemed guilty
of a misdemeanor, and on conviction thereof shall be fined not less than
twenty dollars or imprisoned in jail not more than six months, or both.

Any corporation chartered and organized as a social club, and paying
the tax above described, shall be entitled to distribute and dispense wines,
ardent spirits, malt hquors, or any mixture thereof, alcoholic bitters or
bitters containing alcohol, or fruit preserved in ardent spirits, or malt
liquors only, as the case may be, to and among its members, without ob-
taining any license or paying any other further tax, either State, munici-
pal, or county, for the said privilege than is above described: provided,
that the said corporation is organized and conducted as a bona fide social
club: and provided, further, that no person or corporation shall be en-
titled by the payment of the tax above prescribed to conduct the business
of a wholesale or retail liquor dealer for which a license is required under
the existing laws of the State: provided, however, no such club shall

hereafter be permitted or chartered in any county or district where local-
option prevails. eer Tt

Upon complaint of any person that any such corporation so chartered
as a social club is being conducted, or has been conducted, for the pur-
pose of violating or evading the laws of this State regulating the licensing
and sale of liquors, and: after service of such complaint on such corpora-
tion at least ten days before the hearing of said complaint, the circuit
court of the county or the corporation court of the city wherein is located
its place of business or meeting, or the judge thereof in vacation, shall
inquire into the truth of said complaint; and if the court, or judge in
vacation, shall adjudge that the said corporation is being conducted, or
has been conducted, for the purpose of violating or evading the laws of
the State regulating the licensing and sale of liquors, the chartered
rights and franchises of said corporation shall cease and be void without
any further proceedings, and the said corporation and all persons con-
cerned in the violation or evasion of said law shall be subject to the pen-
alties prescribed herein.

No corporation chartered and organized as a social club shall be en-
titled to the privileges of this act unless annually, on the first day of the
term of the circuit court of the county before and nearest to the month
of April for each year, and on the first day of the April term of the cor-
poration court of the city wherein such club is, the president or secretary
of such club shall exhibit in open court a list of the active members of
such club on that day, and shall satisfy the court that such membership
exceeds thirty bona fide members, and that such organization is a bona
fide social club and not an organization created or conducted for the pur-
pose of violating or evading the laws of this State regulating the licensing
and sale of liquors; and the word “members” wherever used in this act
shall not apply to any person under the age of twenty-one years.

No corporation chartered and organized under the laws of this State
since the sixteenth day of April, nineteen hundred and three, or at any
time under the laws of any other State, district, or county, shall be en-
titled to sell wines, ardent spirits, malt liquors, or any mixture thereof,
alcoholic bitters, bitters containing alcohol, or fruits preserved in ardent
spirits, by virtue of any of the provisions of its charter, but any such cor-
poration desiring to engage in the sale of any of said liquors, or any mix-
ture thereof, alcoholic bitters, bitters containing alcohiol, shall, before so
doing, first obtain a license for such privilege in the manner prescribed
by section one hundred and forty-one of an act of the general assembly
of Virginia, entitled “an act to amend and re-enact sections seventy-five
to one hundred and forty-seven, inclusive, of an act approved April six-
teenth, nineteen hundred and three, entitled an act to raise money for the
support of the government and public free schools, and to pay the in-
terest on the public debt, and to provide a special tax for pensions, as
authorized by section one hundred and eighty-nine of the Constitution,”
approved February , nineteen hundred and: four. |

Any corporation so chartered and! organized since the sixteenth day of
April, nineteen hundred and three, violating the provisions of or faili
to comply with the requirements of this section and section one hun
and forty-one of the acts aforesaid, shall, unless otherwise provided, be

fined the sum of one hundred dollars, and upon conviction shall forfeit
its charter and license, which forfeiture shall be adjudged by the court or
a justice trying the case, with right of appeal from the judgment of the
justice to the corporation court of the city or the circuit court of the
county, as the case may be. Any officer, member, or employee of such
last-mentioned corporation violating the provisions of, or failing to com-
ply with the requirements of, this section and section one hundred and
forty-one, or either of them, shall be deemed guilty of a misdemeanor,
and be fined not less than fifty nor more than one hundred dollars for
each offence, and in addition may be imprisoned not more than sixty
days.

Any officer, member, or employee of such last-mentioncd corporation,
who sells alcoholic or spirituous beverages of any kind or description on
Sunday shall be guilty of a misdemeanor, and upon conviction shall be
fined not less than one hundred dollars nor more than five hundred doi-
lars for each offence, and shall be imprisoned not less than fiftecn nor
more than sixty days in jail, and the charter and license of the corpora-
tion shall be declared forfeited, as hereinbefore provided. No license
shall be granted to any such last-mentioned corporation to scll wine,
ardent spirits, malt liquors, or any mixture thereof, aleoholic bitters, bit-
ters containing alcohol. or fruits preserved in ardent spirits In any city,
town, county, or magisterial district in which local-option prevails, or
in which a dispensary has been established or lheense refused under sec-
tion one hundred and forty-one aforesaid.

No game of chance or slot machine shall be played, permitted. or kept
in the club house of any such last-mentioned corporation. and the same
shall be open to inspection by the police at anv and all times. Any
officer, member, or employee of any such last-mentioned corporation pcr-
mitting any game of chance or slot machine to be plaved or kept at. the
club house of the corporation shall be fined not less than fifty nor more
than one hundred dollars for each offence, and may be imprisone:! not
more than sixty days and the charter and license of the corporation of
which he is an officer, member, or emplovee shall be forfeited as herein-
before provided.

When any such last-mentioned corporation is located in a city or town,
it shall pay to the said city or town the same license tax for the conduct
of its business that is paid by saloons in said city or town: provided.
however, that any bona fide fraternal or benevolent axsociation, sociely
or lodge, well known and recognized as such in this State and other
States, organized and existing in this State prior to the said sixtcenth day
of April, nineteen hundred and three, a subordinate division, branch, or
lodge of which has been, or may hereafter be, chartered as a social club,
association, or lodge, desiring to keep liquors at its club house or other
place of meeting, to be sold or given away to the members of the corpora-
tion, shall be subject to those provisions of this act relating {o social
clubs chartered and organized prior to the said sixteenth day of April,
nineteen hundred and three, and shall not be subject to the provisions of
this act relating to social clubs chartered and organized since that date.

All acts or parts of acts inconsistent with this act are hereby repealed.

2. An emergency existing by reason of the fact that payment for the
privilege of selling liquors under the provisions of this act must be made
within less than ninety days from the adjournment of the present legisla-
ture, this act shall be in force from its passage.