Chap. 220.—An ACT to submit to the qualified voters of Red Bank mag
terial district, in which the town of Virgilina, in the county of Halife
Virginia, at a special election to be held therefor, the question of t
establishment of a dispensary for the sale of intoxicating Nquors there
and in the event a majority of those voting at said election vote for sa
dispensary, then further to provide for the establishment and conduct
the same, and to prohibit thereafter within said town the sale, barter
exchange of intoxicating liquors by all persons, firms, or corporations. «
cept as herein provided.

Approved March 14, 1906.

1. Be it enacted by the general assembly of Virginia, That on Saturda
the fourteenth day of April, nineteen hundred and six, there shall be he
within and for the town of Virgilina, at Virgilina, in the county of Hali-
fax, a special election, at which shall be submitted to the qualified voters
of the Red Bank magisterial district, in the county of Halifax, in which
the town of Virgilina is situated, the question of the establishment of a
dispensary at the town of Virgilina, as hereinafter provided, which said
election shall be held and the returns thereof made, canvassed, and ascer-
tained as provided by the general election laws of the State, except as mod-
itied 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” leav-
ing the words “for dispensary” unscratched ; and the voter desiring to vote
against the establishment of said dispensar 'y, as provided by this act, shall!
scratch out the words “for dispensary,” leaving the words “against dis-
pensary” unseratched. 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 Halifax, in vacation, who shall order the same to be entered
of record upon the law book of said court. And if at said election a
majority of the voters voting thereat shall vote for the establishment of
said dispensary, as provided by this act, then that such dispensary shall be
and is hereby established, and thereafter it shall be unlawful for any per-
son, firm, or corporation, in any capacity whatsoever, to sell, barter, or
exchange any spirituous, vinous, malt, or intoxicating liquors of any kind
in the said town of Virgilina on or after fourteenth dav of April, nineteen
hundred and six, except as hereinafter provided, and any one violating this
section shall be guilty of a misdemeanor, and upon conviction thereof
-hall be fined not less than one hundred nor more than one thousand
dollars, or imprisoned not less than one month nor more than twelve
months in the jail of said county of Halifax, or such person may be pun-
ished by both fine and imprisonment, as aforesaid, in the discretion of the
jury, and the subsequent sections of this act shall be in full foree and
effect: but if at said election a majority of those voting thereat shall vote
against the establishment of said dispensary, as provided by this act, then
the same shall not affect the general laws pertaining to the sale of intoxi-
vating liquors. Notice of said special election shall be given by a publica-
tion at least once in some paper published in the county of Halifax and
by hand-bills posted in the town of Virgilina, and at least ten days before
said election, anything in the general laws of the State to the contrary
notwithstanding.

For the management of said liquor dispensary, there shall be appointed
hy the council of the said town a dispensary board, to be composed of three
citizens of said town of Virgilina, whose term of office shall continue until
the first day of September, nineteen hundred and eight, and afterwards
until their successors shall be elected and have qualified. The council of
said town shall, between the thirtieth day of June, nineteen hundred and
tight, and the first day of September, nineteen hundred and eight, and
during the same period every two years thereafter, elect three citizens of
said town, to compose the dispensary board of said town, to go into
office the first day of September succeeding their election, and to
l:old office for the term of two years, and afterwards until their suc-
«essors shall be elected and have qualified. All vacancies in said
«dispensary board shall be filled by the council of said town; the same to be
filled for unexpired term. The members of said dispensary 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, by a vote of a majority of its legally elected
members, shall have the power to remove any member of said dispensary
board when, in the judgment of the said council, he has violated his oath.
or been guilty of any misfeasance in office. Said dispensary board shall
elect one of its members as chairman. It shall be the duty of such chair-
man to audit and approve all the bills contracted by said dispensary board.
‘The salaries to be paid said chairman and the other two members of the
said dispensary board shall be fixed by the said council.

4. It shall be the duty of the said dispensary board to provide a suit-
able place, within the corporate limits of the said town of Virgilina, for
the sale of spirituous, vinous, malt, and other intoxicating liquors, at
which place such liquors shall be kept for sale, under the direction of said
lispensary board, by a manager, who shall be appointed by said board.
and who shall have charge of said dispensary, subject to the control of
‘said dispensary board. Said manager shall be subject to dismissal at the
pleasure of said dispensary board; he shall give bond, payable to the said
town of Virgilina, in a sum to be fixed by the said dispensary board for
the faithful discharge of his duties, and for the payment by him, to the
treasurer of said town, of all sums of money which he may receive as man-
ager of such dispensary; and he shall receive a salary to be fixed by said
dispensary board.

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

6. Said dispensary board shall, from time to time, make rules and
regulations for the operation of said dispensary ; but in no event shall any
liquor be sold to minors, or to persons intoxicated; nor shall any liquor
be sold to any person known to be an habitual drunkard, 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. It shall
he closed on Sundays and on all other days on which the sale of liquor
by licensed saloons is prohibited by the laws of the State of Virginia.
t. 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 employ some reliable person
to assist said manager whenever it shall become necessary. The said man-
ager shall at no time keep, or allow to be kept, any broken or unsealed
packages of liquor in said dispensary, or in the building in which the
same is located, either for his own use or any other person or persons.
The quantity of liquor sold in said dispensary shall in no case be less than
one-half pint or more than four gallons, and it shall be unlawful for the
manager or any other person to open any such package, or bottle, or to
crink any liquor of any kind in said dispensary, or in the building in
which the same is located, or within such distance thereof as the said dis-
pensary 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 analyses 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 in said dispensary
that are not known on the market as pure and unadulterated, and said
hnard may cause to be analyzed any liquor purchased by it, to ascertain
if it is as represented. If any liquors are condemned by the chemist
making the analysis as impure or unwholesome, such liquors shall not be
sold at said dispensary, and the same shall be returned to the persons from
whom purchased, and such persons shall have no right of action in any
court of this Commonwealth on account of such rejected liquors.

9. No liquors shall be sold in said dispensary to persons purchasing
for the purpose of selling again, and said dispensary board shall 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
‘ard 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 that may be sold to such
person or persons, which shall be such quantity as shall prevent a resale,
and if in such case the board becomes satisfied that any person or persons
are directly or indirectly purchasing repeatedly for the purpose of re-
selling, then the said board is authorized to direct the manager not to sell
to such persons, except upon the certificate of a reputable physician that
such liquor is needed for medicinal purposes.

10. The dispensary board shall have power to employ attorneys, agents,
or detectives to aid in the detection and prosecution of any violation of
this act, and shall have power to do all other things, not contrary to law,
in order to carry out the true intent of this act.

11. The council of the 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 direction until said amount is so repaid, and thereafter said
dispensary shall be supported and maintained out of the profits aecruing
therefrom; and, if necessary, said council or said dispensary board may
borrow, on behalf of the said town, a sufficient sum of money to establish
said dispensary, or they may pledge the credit of the said town for the
purpose of providing a place for said dispensary and purchasing supplies
for and commencing the operations of the same.

12. The building in which the said dispensary is located shall be used
for no other purpose than for the conduct of the said dispensary, and it
shall be the duty of the said dispensary board to see that no part of said
building is used for any other purpose whatever. 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 manager, shall be punished. upon
conviction, as may be prescribed by ordinance of the town council.

13. The treasurer of the said town shall be liable on his official bond
for all moneys received by him hereunder, which bond shall be in suffi-
cient penalty to cover his receipts hereunder as well as the other receipts
of his office; and no money shall be received by him until such bond, in
such penalty as may be prescribed by the said town council shall be
given, with approved security. The said town 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: One-eighth to the State of Virginia, one-fourth
to Red Bank magistcrial district of said county of Halifax, for district
school purposes, and the remainder to the said town of Virgilina, for its
general purposes. Such distribution shall be made when ordered by the
said dispensary board, and at least once a year.

15. The said dispensary board shall make an annual report to the town
council, showing in detail the amount of money expended in the purchase
of liquors, the amount of money realized from the sale of liquors. the
itemized 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, and shall also cause said report to be
printed for at least two consecutive times in some newspaper published in
the county of Halifax, Virginia.

16. All laws or parts of laws in conflict with this act are hereby repealed
so far as applicable to the town of Virgilina, Halifax county, Virginia.

1%. An emergency existing for the immediate enactment of this law,
the same shall be in force from its passage.