Chap. 288.—An ACT to provide for the holding of an election in the town
of Abingdon on the question of a liquor dispensary in said town, and to
provide for the establishment of such dispensary.

Approved March 15, 1906.

1. Be it enacted by the general assembly of Virginia, That on Thur
day, the twelfth day of April, nineteen hundred and six, there shall be
held within and for the town of Abingdon, at the court-house of Wash-
ington county, Virginia, a special election, at which shall be submitted to
the qualified voters of said town the question of the establishment of 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 general election laws of the State and the
provisions of the charter of said town, so far as the same are applicable,
and 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 the establishment of
said dispensary as provided by this act shall scratch out the words “against
dispensary,” leaving the words “for dispensary” unscratched. The ccr-
tificate of the judges and clerks of said election shall show the number
of votes cast “for dispensary” and the number of votes cast “against dis-
pensary,” and the commissioners of election shall certify the result of
said election to the council of said town to be entered of record in its min-
ute books. 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 it shall be unlawful for any person. firm, or corporation in any
capacity whatsoever to sell, barter, or exchange any spirituous, vinous,
malt, or intoxicating liquors of any kind in said town of Abingdon on
or after the first day of May, nineteen hundred and six, except as herein-
after provided, and any one violating this section shall be guilty of a
misdemeanor, and upon conviction thereof shal! 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.
or such persons may be punished by both fine and imprisonment as afore-
said, in the discretion of the jurv, and the subsequent sections of this act
shall be in full force 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 per-
taining 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 election.

2. The judge of the circuit court of Washington county, either in term
or vacation, shall within ten days after election appoint from the citizens
of said town of Abingdon, three discreet men, who shall constitute a dis-
pensary board for the management of said dispensary, whose terms of
office shall begin with their appointment and run one for one year, one for
two years, and one for three vears. All vacancies occurring on said board
shali be filled by said judge for the unexpired term. And as the term of
office of the three members of the board expires, they shall be filled by
said judge to run a period of three years. 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. And the said judge shall have the right to remove any mem-
ber of said board when, in his judgment, he has violated his oath or been
guilty of malfeasance in office. Said board shall elect one of its mem-
hers as chairman, whose duty it 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, and the other members shall receive twelve dollars
each per annum for their services.

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3. It shall be the duty of the said dispensary board herein provided to
provide a suitable place for the sale of spirituous, vinous, malt, and other
intoxicating liquors within the corporate limits of the town of Abingdon,
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 dispenaary for the sale of liquors subject to the control of the dis-
pensary board, and he shall be subject to dismissal at the pleasure of said
dispensary board; he shall give bond to be fixed by said dispensary board.
not less than five hundred dollars for the faithful discharge of his duties
and for the payment of all sums of money received by him to the treas-
urer of the town of Abingdon; he shall be paid a salary to be fixed by said
dispensary board, not exceeding a sum of one hundred dollars per month,
which compensation shall not be dependent upon the amount of sales made
by him. It shall be the duty of the manager to keep a register on which
shall be kept the record of the quantity sold, price pai’, and date of sale.
The manager of the dispensary shall at all times keep under the super-
vision of the dispensary board a stock of spirituous, vinous, and malt
liquors in such quantities as the dispensary board shall direct; and all
the bills incurred for the establishment and maintenance of the dispet-
sary and the purchase of stock from time to time shall be paid by the
treasurer of the town of Abingdon, upon the 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 once a week, who shall keep a separate
account of the same.

4. Said dispensary board shall make from time to time rules and regu-
lations for the operation of said dispensary; but in no event shall wines
and liquors be sold to any person known to be an habitual drunkard, te
minors or persons intoxicated. This dispensary shall not be opened le-
fore sunrise, and shall be closed before sunset each day, and it shall be
closed on Sundays, election days, and such other days under the same
circumstances as make the sale of liquors unlawful under the laws of this
State. This room in which said business shall be conducted shall front
upon one of the streets of said town, and shall have no other means of
ingress or egress except through the front door thereof.

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

6. The manager of said dispensary shall sell to no person or person‘
any spirituous, vinous, or malt liquors, except in sealed packages, an
when an original package is broken it shall be at once bottled and sealed
and the price labeled thereon. .

The said board shall appoint some reliable person to assist said mat-
ager whenever it shall become necessary to break any original package a0!
bottle and seal the same, the duty of which person it shall be to see ths!
all of such original packages are bottled in such sized packages as may le
suggested by said manager, and securely corked and sealed and the pric
labeled thereon. The said manager shall at no time keep or allow to be
kept any broken or unsealed package of liquor in said dispensary, either
for his own use or for the use of any other person or persons. The
amount of liquor so sold in said sealed packages in said dispensary shall
in no case be less than one-half pint nor more than four gallons, and it
shall be unlawful for said manager, or any other person, to open any
such package or bottle, or drink any liquor of any kind within said dis-
pensary, or within such distance thereof as said board may direct. Said
manager shall make a monthly report to the dispensary hoard showing
the amount of purchases and sales for the preceding month, and the stock
on hand on the last day of the month.

7. 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 in said dispensary
that are not known on the market as pure and unadulterated, and the
board may have the liquors purchased and analyzed from time to time to
ascertain if they are pure as represented. If any liquors are condemned
by the chemist making the analysis as impure and unwholesome, such
liquors shall not be sold at said dispensary, and the same shall be re-
turned to the person from whom purchased and payment for same refused.

8. No liquor 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 the said dispensary for the purpose of selling it
again. they shall direct the manager as to the quantity to be sold tc such
persons, which shall be such an amount as will probably prevent a resale ;
and in case such board becomes satisfied that any persons 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 reputable physician that
such liquors are needed for medical purposes. ‘he said 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, may
borrow money necessary to conduct said dispensary subject to the control
of the town council as to the amount borrowed, and shall have the power
to do all other proper things not contrary to law, in order to carry out the
true intent of this act.

9. The council of the said town may appropriate from the treasury of
said town a sufficient amount to establish a dispensary, as provided for
in this act, which amount shall be repaid into said town treasury from the
profits arising from said dispensary as they shall accrue, and no profit
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 out of said business: provided, however, that the said
town council may allow said board to borrow money or buy goods on the
credit of the dispensary alone if it be necessary to keep said dispensary
in operation.
10. The dispensary board shall make and publish an annual report
showing in detail the amount of money expended in the purchase ot
liquors; the itemized expense of said dispensary; the salary paid to the
manager, dispensary board, and all other moneys expended on account of
said dispensary, and moneys received on account thereof.

11. The treasurer of said town of Abingdon, before receiving any of the
funds derived from said dispensary, shall enter into a bond sufficient tc
cover the amount of funds received by him, which bond shall not be for
less than five thousand dollars, to be received and approved by the mayo
and council of the town of Abingdon. The said treasurer shall receive
for his services one per centum of all the moneys coming into his hand
under this act. He shall deposit all moneys paid to him under this act
in such depository as the said council of the town of Abingdon mai
direct. He shall disburse said funds as directed by said dispensary board
in the running expenses, and the balance as the town council shall direc
under the terms of this act.

12. The net profits accruing from said dispensary under this act shall
be disposed of in the following manner: One-eighth to the State of Vir-
ginia, and the balance to the said town of Abingdon, to be used to pay
the bonded indebtedness of said town, and after that is fully paid to w
into the town treasury to be disposed of according to the direction of the
town council.

13. 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 manner aid, assist or abet in keeping or maintaining any club-room or
other place in which intoxicating liquors are reccived or kept for sale or
distribution or division among the members of any club or association in
said town, shall be guiltv of a misdemeanor and punished by a fine of not
less than ten dollars or by confinement in the jail not less than ten days
nor more than thirty davs, or both.

14. In establishing said dispensary said dispensary board may pur-
chase from the present liquor dealers in Abingdon such of their stock on
hand May first, nineteen hundred and six, as mav be desired to keep in
said dispensary: provided, they shall not pay more than wholesale cost
for same: and provided, that the same is pronounced to be pure after an
analysis by a competent chemist.

15. All laws or parts of laws in conflict with this act are hereby r-
pealed, so far as applicable to the town of Abingdon, Virginia.

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