Chap. 119.—An ACT to establish a dispensary for the sale of intoxicating liquors
in the town of Ridgeway, in the county of Henry, Virginia, and to prohibit the
sale, barter, or exchange of such liquors in said town, except as provided by

this act.
Approved March 12, 1904.

Whereas, a majority of the qualified voters of the town of Ridgeway,
in the county of Henry, have petitioned the general assembly, through
their representative in the senate, to establish a dispensary for the sale
of spirituous, vinous, malt, and other intoxicating liquors in said town;

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1. Be it enacted by the general assembly of Virginia, That it shall be
unlawful for any person, firm, or corporation, in any capacity whatso-
ever, to sell, barter, or exchange spirituous, vinous, malt, or intoxicating
liquors of any kind within the corporate limits of the town of Ridgeway,
in the county of Henry, Virginia, except as hereinafter provided, and
any one violating this act shall be guilty of a misdemeanor, and upon
conviction thereof shall be fined not less than fifty dollars nor more than
five hundred dollars, or imprisoned not less than one month nor more
than twelve months in the jail of Henry county, or such person may be
punished by both fine and imprisonment, as aforesaid, in the discretion
of the justice or jury trying the case.

2. There shall be established in the said town of Ridgeway, on or before
the first day of July, nineteen hundred and four, a municipal liquor dis-
pensary for the sale of spirituous, vinous, malt, and other intoxicating
liquors, to be governed, managed, and controlled as hereinafter provided.

3. For the management of said liquor dispensary there shall be ap-
pointed: by this act a dispensary board, composed of three citizens of the
said town of Ridgeway, whose term of office shall continue until the first
day of September, nineteen hundred and six, and afterwards until their
successors shall be elected: and qualified. The council of said town shall,
between the thirtieth day of June, nineteen hundred and six, and the
first day of September, nineteen hundred and six, and during the same
period every two years thereafter, elect three citizens of said’ town to com-
pose the dispensary board for said town, to go into office the first day of
September succeeding their election, and to hold office for the term of
two years, and afterwards until their successors are elected and qualified.
All vacancies in said dispensary board occurring prior to the first day of
September, nineteen hundred and six, shall be filled by the remaining
members or member of said board, and all vacancies occurring on or after
the date last aforesaid shall be filled by the council of said town; said
vacancies in any case to be filled for the unexpired term. 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. The said council shall have the right to
remove any member of said board when in the judgment of said council
he has violated his oath, or been guilty of any misfeasance in office. Said
board shall elect one of its members as chairman, whose duty it shall be
to audit and approve all the bills contracted by said board, and shall
receive for his services a sum not exceeding fifty dollars, to be fixed bv
said dispensary board. ‘T’he other members of said dispensary board shall
receive a sum to be fixed by said board, not exceeding twelve dollars per
annum.

4, It shall be the duty of the said dispensary board to provide a suit-
able place for the sale of spirituous, vinous, malt, and other intoxicating
liquors within the corporate limits of said town of Ridgeway, which place
shall open on the main street of said town, and not be connected with or
adjacent’ to any other building, or within ten feet of any other building,
and where such liquor shall be kept for sale, under the direction of said
dispensary board, by a 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 subject to thei:
control and to be dismissed at their pleasure. He shall give bond in the
sum to be fixed by said dispensary board for the faithful discharge of hi:
duties, payable to the said town of Ridgeway, and shall receive a salary
to be fixed by said dispensary board, not to exceed the sum of fifty dol
lars per month.

5. The manager of said dispensary shall at all times keep, under thr
supervision of the said dispensary board, a stock of spirituous, vinous
and malt liquors in such quantities as the dispensary board shall direct
shall sell and dispense the same for cash as hereinafter provided; shal
keep a record of the quantity sold, price paid, and date of sale, and shal
once a week turn over all moneys received by him to the treasurer of saic
town, who shall keep a separate account of such fund. All bills incurre:
for the establishment and maintenance of said dispensary and the pur
chase of stock from time to time shall be paid by the treasurer of sa
town, upon the presentation of said bills, approved in writing by tly
chairman of the dispensary board. The price at which the hquors in sai
dispensary shall be sold shall be fixed by said dispensary board.

6. Said dispensary board shall, from time to time, make rules anc
regulations for the operation of said dispensary; but in no event shal
any liquors be sold to any person known to be an habitual drunkard. te
minors, or pefsons 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 and under the same circun:.
“tances as make the sale of liquors unlawful under the laws of this State

7. The manager of said dispensary shall sell to no person any spiritu,
ous, vinous, or malt liquors except in sealed packages, and: whenever any
criginal package i 18 broken it shall at once be bottled and sealed and th
pre rapeled thereon. The said board shall appoint some reliable persor
to assist said manager whenever it shall become necessary. The saic
manager shall at no time keep, or allow to be kept, any broken or un-
sealed packages of liquor in said dispensary, either for his own use or for
the use of. any other person or persons. The quantity of liquor sold in
said dispensary shall in no case be less than one-half pint nor more thar
four gallons, and it shal! be unlawful for the manager or any other per-
son to open any such package, or bottle, or to drink any liquor of ani
kind within such distance from the said dispensary as the said board may
prescribe. Said manager shal] make a monthly report to the dispensary
board, showing the amount of purchases and sales for the preceding
month and the amount of stock on hand on the last day of said 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 im said dispensary
that are not known on the market as pure and unadulterated, and the
board may have the liquors purchased analyzed to ascertain if they are a:
represented. If any liquors are condemned by the chemist making such

analysis as impure or unwholesome, such liquors shall not be sold at said
dispensary, and the same shall be returned to the person from whom pur-
chased and payment for same refunded.
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 said dispensary for the purpose of selling
again, they shall direct the manager as to the quantity as may be sold to
such person or persons, which shall be such quantity as shall probably
prevent a sale, and if in such case the board becomes satisfied that any
person or persons are dircctly or indirectly purchasing repeatedly for the
purpose of reselling, then the said board is authorized to direct the man-
ager not to sell to such persons, except upon the certificate of a reputable
physician that such lquor is needed for medicinal purposes.

10. The 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, and shall have power to do all other things, not con-
trary to law, in order to carry out the true intent of this act; and the said
council of the town of Ridgeway shall, from time to time, pass such ordi-
nances as may be necessary to carry out the provisions of this act, and
shall prescribe suitable penalties for any violation thereof.

11. The council of said town shall appropriate from the treasury of
said town a sufficient amount to establish said dispensary, which amount
shall be paid into the town treasury from the profits arising from said
dispensary as they shall accrue, and no profits shall be paid out in any
other dircetion until said amount is so repaid, and thereafter said dispen-
sary shall be supported and maintained out of the profits accruing there-
from; and, if necessary, said council or said dispensary board may bor-
row, on behalf of said town, a sufficient sum of money to establish said
ispensary, or they may pledge the credit of the town for the purpose of
providing a place for said dispensary and purchasing supplies for and
starting the operations of the same.

12. The manager of said dispensary shall not permit 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 man-
ager, shall be punished, upon conviction, as may be prescribed by ordi-
nance of the town council.

3. The treasurer of said town shall be hable on his official bond for
aL moneys received by him hereunder, which bond shall be in sufficient
penalty to cover his receipts hereunder as well as the other receipts of his
office; and no money shall be received by him hereunder until such bond,
with approved security, shall be given. The said council shall cause said
treasurer to deposit all dispensary funds received by him in some bank
to the credit of the dispensary as a separate fund.

14. The net profits accruing from said dispensary shall be disposed of
in the following manner: Oneeighth to the State of Virginia, one-
eighth to the district school funds of the Ridgeway magisterial district,
and the remainder to the said town of Ridgeway for its general purposes.

15. The said dispensary board shall make and publish an annual re-
port, showing in detail the amount of money expended in the purchase of
liquors, the amount of money realized from the sale of liquors, the item-
ized expenses of said dispensary, salary paid manager, dispensary board,
and all other moneys expended on account of said dispensary, and money
received on account thereof.

16. N. E. Smith, M. EH. Hundley, and W. D. Mitchell are hereby ap-
pointed the members of said dispensary board for the first term pursuant
to the third section of this act.

17. All acts and parts of acts in conflict with this act are to the extent
of such conflict hereby repealed.