Chap. 59.—An act to establish a dispensary for the sale of intoxicating liquors in
the town ‘of Pulaski, in the county of Pulaski, Virginia; to prohibit all persons,
firms, corporations to sell, barter, or exchange such liquor in said town, and to
repeal all laws in conflict with this act so far as they apply to said town.

Approved March 8, 1904.

1. Be it enacted by the general assembly of Virginia, That on Satur-
day, the second day of July, nineteen hundred and four, there shall be
held within the town of Pulaski, in the county of Pulaski, a special elec-
tion, at which shall be submitted to the qualified voters of the said town
the question of the establishment of a dispensary in the said town of
Pulaski, as hereinafter provided, which said election shall be held and
the returns thereof made, canvassed, and ascertained as provided by the
general election laws of the State, except as modified by this act. The
official ballots prepared and used at said election shall contain the words
“For dispensary” and the words “Against dispensary,” and the voter
desiring to vote for the establishment of said dispensary as provided by
this act shall scratch out the words “Against dispensary,” leaving the
words -“For dispensary” unscratched; and the voter desiring to vote
against the establishment of said dispensary as provided by this act shall
scratch out the words “For dispensary,” leaving the words “Against dis-
pensary” unscratched. The certificate of the judges and clerks of said
election shall show the number of votes cast “For dispensary” and the
number. of votes cast “Against dispensary,” and the judges of election
shall certify the results of said election to the judge of the circuit court
of the county of Pulaski, in vacation, who shall order the same to be
entered of record upon the law book of said court. And if at said elec-
tion a majority of the voters voting thereat shal] vote for the establish-
nent of said dispensary, as provided by this act, then it shall be unlaw-
ul for any person, firm, or corporation, in any capacity whatsoever, to
ell, barter, or exchange any spirituous, vinous, malt, or jntoxicating
liquors of any kind in the said town of Pulaski on or after the second
lay of July, nineteen hundred and four, except as hereinafter provided,
nd any one violating this section shall be guilty of a misdemeanor, and
ipon conviction thereof shall be fined not less than one hundred nor
nore than one thousand dollars, or imprisoned not less than one month
or more than twelve months in the jail of said county, or such person
nay be punished by both fine and imprisonment as aforesaid, in the dis-
retion of the jury, and the subsequent sections of this act shall be in
‘ull force and effect; but if at said election a majority of those voting
hereat shall vote against the establishment of said dispensary, as pro-
rided by this act, then the same shall not affect the general laws pertain-
ng to the sale of intoxicating liquors.

Notice of said special election shall be given by publication at least
once in some paper published in the said town and by hand-bills posted in
five or more public places in said town, and at least ten days before said
slection, anything in the general laws of the State to the contrary not-
withstanding. |

The judge of the circuit court of Pulaski county, either in term or
vacation, shall appoint from the citizens of said town of Pulaski three
discreet citizens, one of whom shall be the mayor of the town of Pulaski
or a member of its council, who shall constitute a dispensary board for
the management of said dispensary. The term of office of-said board
shall be three years from the date of their appointment; should a vacancy
occur in said board, the same shall be filled by the judge of the circuit
court of Pulaski county. :

Before entering upon the discharge of the duties of the office, the
members of the board shall make oath that they shall well and truly
carry out to the best of their ability all of the provisions of this act.

The judge of the circuit court of Pulaski county shall have the right
to remove either of the members of said board appointed by him when in
his judgment such member has violated his oath or been guilty of mal-
feasance in the office. ,

The duty of the chairman of said board shall be to audit and approve
all the bills contracted by said board, and shall receive for his services
the sum of fifty dollars per annum. The other members shall receive for
their services the sum of twelve dollars per annum.

It shall be the duty of said dispensary board to provide a suitable
place for the sale of spirituous, vinous, malt, and other intoxicating
liquors at the said town where such liquors shall be kept for sale undet
the direction of said dispensary board by a manager, who shall be ap
pointed by said board, and who shall have charge of said dispensary sub:
ject to the control of said board; said manager shall be subject to dis.
missal at the pleasure of the dispensary board; he shall give bond in the
sum to be fixed by said dispensary board, not lese than five hundred dol
lars, for the faithful discharge of his duties and for the payment of al
sums of money received by him to the treasurer of said town. He shal
be paid a salary to be fixed by said dispensary board, not exceeding the
sum of fifty dollars per month. It will be the duty of the manager 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 dispensary board shall direct, and
all bills incurred for the establishment and maintenance of the dispen-
sary and the purchase of stock from time to time shall be paid by the
treasurer of the town of Pulaski out of moneys in his hands to the credit
of said dispensary upon presentation of such bills, approved in writing
by the chairman of the dispensary board, and said manager shall sell only
for cash, and shall turn over all moneys received by him to the treasurer
of the town of Pulaski once a week, and the said treasurer shall keep a
separate account of the moneys so received and paid out by him, and he
shall receive as compensation for receiving and paying out said money
one per centum upon receipts.

The said dispensary board shall from time to time make 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 habitual drunk-
ard, to minors, or to persons intoxicated, except upon the prescription of
a regularly licensed physician.

The dispensary shall not be opened before sunrise, and shall be closed
at sunset each day, and shall be closed on Sundays, election days, and
under the same circumstances as make the sale of liquor unlawful under
the laws of this State. The room in which said business shall be con-
ducted shall front on some public thoroughfare, and shall have no other
means of ingress or egress except the front door thereof.

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

The manager of said dispensary shall sell to no person or persons any
spirituous, vinous, or malt liquors except in sealed packages, and when-
ever any original package is broken, it shall at once be bottled and sealed
and the price labeled thereon. The said board shall appoint some relia-
ble person to assist said manager whenever it shall become mecessary to
break amy 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
packages 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 or more than four gallons, and it shall be unlawful for the said
manager or any other person to open any such package or bottles or to
drink amy liquor of any kind within such distance from the entrance to
the dispensary that the said board may prescribe. Said manager shall
make a monthly report to the dispensary board, showing the amount of
purchases and sales in the preceding month, and the stock on hand on
the last day of the month.

Said dispensary board may, in their discretion, cause an inspection
and analysis to be made of the stock on hand from time to time by a com-
petent chemist, and no spirituous, vinous, or malt liquors shall be sold in
said dispensary as are not known on the market as pure and unadul-
terated, and the said 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 chemist making th? analysis as impure and
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 refused. .

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 to be sold to 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
reselling, then the dispensary board is authorized to direct the manager
not to sell to such person or persons, except upon the certificate of a repu-
table physician that such liquors are needed for medical purposes. The
said dispensary board shall have the power to employ attorneys, agents,
or detectives to assist and aid in the detection and prosecution of any
violation of. this act; may borrow money necessary to conduct said dis-
pensary, and shall have the power to do all other proper things not con-
trary to law in order to carry out the true intent of this act.

Any debt incurred by said dispensary board shall be upon the credit
of said dispensary alone. |

The manager of said 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 a justice’s court as a misdemeamor, and
shall be fined not exceeding five dollars.

The dispensary board shall make and publish an annual report, show-
ing in detail the amount of money expended in the purchase of liquors,
the amount of money realized from the sale of liquor, the itemized ex-
pense of said! dispensary, salary paid manager, dispensary board, and al]
other money expended on account of said dispensary, and momey re-
ceived on account thereof. 7

The net profits accruing from eaid dispensary under this act shall be
disposed of in the following manmer: One-eighth to the State of Vir-
ginia and the balance to the said town of Pulaski, to build and keep in
repair the streets, roads, and bridges in said town. Such distribution
shall be made when ordered by the dispensary board, and at least once a
year. :
Any person or persons who shall, directly or indirectly, keep or main-
tain 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 at which intoxicating liquors are received or kept for
sale or distribution or division among members of any club or associa-
tion, shall be guilty of misdemeanor and punished by a fine of mot less
than one hundred dollars nor more than one thousand dollars, or by
confinement in jail of not less than ene month nor more than twelve
months, or both.

All laws or parts of laws in conflice wi.n this act are hereby repealed
so far as they relate to the town of Pulaski, in Pulaski county, Virginia.