Chap. 129.—An ACT to submit to the qualified voters of the voting precinct of
Windsor, in the county of Isle of Wight, at a special election to be held there-
for, the question of the establishment of a dispensary for the sale of intoxi-
cating liquors in the town of Windsor, and in the event of a majority of those
voting at said election vote for said dispensary, then further to provide for the
establishment and conduct of the same, and to prohibit thereafter, within said
voting precinct, or within one mile of its limits, the sale, barter, or exchange of
intoxicating liquors by all persons, firms, or corporations, except as provided
herein.

Approved March 12, 1904.

1. Be it enacted by the general assembly of Virginia, That whenever
such of the qualified voters of the voting precinct of Windsor, in the
county of Isle of Wight, as constitute one-fifth of the persons voting at
the preceding regular election, held in said precinct, petition the council
of the town of Windsor, which town is located within the said voting pre-
cinct, the said council shall order an election to be held in said town, at
such time as may be fixed by the said council, notice of the time and place
of said election shall be posted in at least two public places in said: voting
precinct at least thirty davs before such election, at which said election
the qualified voters of said voting precinct shall vote upon the question
of establishing a municipal] liquor dispensary in said town, as hereinafter
provided, which said election shall be held and the returns thereof made,
canvassed, and ascertained, as provided by the laws governing the elec-
tion of mayor and councilmen of said town, so far as the same may be
applicable and except as modified by this act. The official ballots, pre-
pared and: used at such election, shall contain the words “For dispen-
sary” and the words “Against dispensary,” and the voter desiring to vote
for the establishment of said dispensary shall scratch out the words
“Against dispensary,” and the voter desiring to vote against the estab-
lishment of said dispensary shall scratch out the words “For dispensary.”
The certificate of the judges and clerk of the election shall show the
number of votes cast against dispensary and the number of votes cast for
dispensary, and shall certify the results of said election to the said coun-
cil, to be spread upon the minutes thereof. And if a majority of the
voters voting at such election shall vote for the establishment of a dis-
pensary, then it shall be unlawful for any person, firm, or corporation,
in any capacity whatever, to sell, barter, or exchange any spirituous,
vinous, malt, or other intoxicating liquors of any kind or character, in
the said voting precinct, or within one mile of the limits of said precinct,
on or after the first day of June next succeeding such election, except as
hereinafter provided; and any person, firm, or corporation violating the
provisions of this section shall be guilty of a misdemeanor, and upon
conviction shall be fined not less than one hundred dollars nor more
than one thousand dollars, or imprisoned in the county jail not less than
one month nor more than twelve months, or both fined and imprisoned,
in the discretion of the court or Justice trying said case, and the subse-
quent sections of this act shall be in full force and effect ; but if a ma-
jority of the voters voting at such election shall vote against the estab-
lishment of said dispensary, then the same shall not affect the general
laws pertaining to the sale of intoxicating liquors.

2. The council of the said town of Windsor shall, at some time during
the month of April or May following such election, and every two years
thereafter, select three citizens of the said town, who shall constitute a
dispensary board for said town, and whose term of office shall begin with
their appointment and expire two years from the date thereof. All vacan-
cies occurring on said board shall be filled by the council for the unex-
pired term thereof. ‘The members of the said board shall, before entering
upon the duties thereof, make oath that they will well and truly carry out
all the provisions of this act to the best of their ability, and the said
council shall have the right to remove any member of said board for neg-
lect of duty, malfeasance or misfeasance in office. Said board shall elect
one of ifs members as chairman, whose duty it shall be to audit and ap-
prove all the bills contracted by said board, and who shall receive for his
services the sum of fifty dollars per annum.

3. It shall be the duty of said dispensary board herein provided for to
provide a suitable place for the sale of spirituous, vinous, malt, and other
intoxicating liquors within the corporate limits of the said town of
Windsor, where such liquors shall be kept for sale, under the direction of
the said 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 shall be chosen by said dispensary board, and
shall have charge of said dispensary, or place for the sale of liquors, sub-
ject to the control of the dispensary board, and he shall be subject to
dismissal at the pleasure of said dispensary board. The said manager
shall give bond for the faithful discharge of his duties, to be approved
by the said board, and in such an amount as-the said board shall fix. The
said manager shall keep a record of all liquors sold, the quantity, price,
and: date of sale, and shall receive as his compensation such sum as may
be fixed by the dispensary board.

4. The manager of said dispensary shall at all times keep, under the
supervision of the dispensary board, a stock of spirituous and malt liquors
in such quantities as the said board may provide; and all bills incurred
for the establishment and maintenance of the dispensary and the pur-
chase of stock from time to time shall be paid by the treasurer of the
town of Windsor, upon presentation of such bills, approved in writing by
the manager and the dispensary board. Said manager shall sell only for
cash, and shall turn over all moneys received by him to the town treas-
urer at least once a week, and oftener when so requested, and the said
treasurer shal] keep the same separate from other funds in his hands.

5. Said dispensary board shall, from time to time, make and publish
rules and regulations for the operation of said dispensary, but in no event
shall wine or liquors be sold to any person known to be an habitual
drunkard, to minors, or persons intoxicated, except upon the prescrip-
tion of a regularly licensed physician. The dispensary shall not be
opened before sunrise, and shall be closed at eight o’clock of the evening
of each day, and it shall be closed Sundays, election days, and such other
days and under the same circumstances as make the sale of liquors un-
lawful under the laws of this State.

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

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
original package is broken it shall at once be 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. The said
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 than
four gallons, and it shall be unlawful for the manager or any other per-
son to open any such package, or bottle, or to drink any liquor of any
kind within such distance from the said dispensary as the said board may
prescribe. Said manager shall 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 as
represented. If any liquors are condemned by the chemist making such
an 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
purchased 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
that 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 directly or indirectly purchasing repeatedly for
the purpose of reselling, then the said board is authorized to direct the
manager not to sell to such persons, except upon the certificate of a repu-
table physician that such liquor is needed for medicinal purposes.

The dispensary board shall have power to employ attorneys, agents, or
detectives, to assist and aid in the detection and prosecution of any vio-
lation of this act; may borrow money necessary to conduct said dispen-
sary, subject to the ratification of the town council, as to the amount to
be borrowed, and shall have power to do all other things not contrary to
law, in order to carry out the true intent of this act.

10. The manager of said dispensary shall not allow any person or per-
sons to loiter in or about the said dispeneary, and any person who is vio-
lating this provision and refuses to leave at the request of the manager,
shall be punished, upon conviction, as may be prescribed by ordinance of
the town council.

11. The council of the town of Windsor 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 any violations thereof.

12. The council of said town shall appropriate from the treasury of
said town a sufficient amount to establish the 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 direction until said amount is so repaid, and thereafter said
dispensary shall be supported and maintained out of the profits accruing
therefrom: provided, however, that the town council may allow the said
dispensary board to borrow money and buy goods on credit of the dispen-
sary alone, if it may become necessary in order to keep said dispensary in
operation.

13. The dispensary board shall make and publish an annual report,
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.

14. The members of said board, other than the chairman, shall be paid
the sum of twelve dollars annually.

15. The sergeant or treasurer of said town shall be liable on his official
bond for all moneys received by him hereunder, and shall receive for his
services one per centum for receiving, holding, and disbursing the same.
He shall deposit all moneys paid to him under this act in such depository
as the said town council may direct.

16. The net proceeds accruing from said dispensary shall be disposed of
in the following manner: One-eighth to the State of Virginia, one
eighth to the district school board of Windsor magisterial district, of the
county of Isle of Wight, and the residue to the town of Windsor, to be
used as the council of said town may direct. Such distribution shall be
made annually, or oftener, if so ordered: by the dispensary board. :

1%. All laws or parts of laws in conflict with this act are hereby re-
pealed, so far as the same refer to the town of Windsor, or to Windsor
voting precinct, in the county of Isle of Wight, and within one mile
from the limits of said voting precinct.

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