An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1908 |
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Law Number | 189 |
Subjects |
Law Body
Chap. 189.—An ACT to define and regulate the sale, distribution, rectifying,
manufacture and distilling of intoxicating liquors and malt beverages, and
to impose license taxes thereon, and to prohibit the drinking of ardent spirits
on railroad trains, and to repeal sections 141 and 142 of an act entitled an
act to amend and re-enact sections 75 to 147, inclusive, of an act approved
April 16, 1903, entitled an act to raise revenue for the support of the gov-
ernment and public free schools, and to pay the interest on the public debt,
and to provide a special tax for pensions as authorized by section 189 of the
Constitution, approved February 19, 1904, and to prescribe penalties.
Approved March 12, 1908.
1. Be it enacted by the general assembly of Virginia, That all mixtures.
preparations and liquids which will produce intoxication, shall be deemed
ardent spirits within the meaning of this act, and this definition shall
include beer, malt liquors containing two and a quarter per cent. aleohol
and which produce intoxication, whiskey, wine, brandy, or any mixture
thereof, fruits preserved in ardent spirits, alcoholic bitters, and all other
intoxicating liquors.
2. No person, firm, or corporation shall make, distill, manufacture
or sell ardent spirits except subject to the provisions of this act.
3. No person, firm or corporation shall sell ardent spirits without
first obtaining a license therefor, which license shall be divided into five
classes: (a), a wholesale license; (b), a retail license; (c), a malt liquor
bar license; (d), a sample liquor merchant’s license; (e), a social club
license, which several licenses shall confer the privileges as set forth in
the subsequent sections of this act, and no others, and shall be subject
to all the conditions, limitations and penalties hereinafter set forth.
4. A wholesale license shall confer the privileges of selling in quanti-
ties of not less than five gallons, except wholesale dealers in malt liquors,
who may sell not less than one dozen bottles or jugs of such malt
liquors. A retail license shall confer the privilege of selling in quanti-
ties not exceeding five gallons to any individual to be delivered in jugs
or bottles or demijohns or to be drunk where sold. A malt liquor bar
license shall confer the privilege of selling malt liquor to be drunk
where sold but not to be carried away. A sample liquor merchant’s
license shall confer the privilege of selling by sample or other representa-
tion, or to act as agent for the sale or collection of orders for ardent
spirits by sample or description. A sample liquor merchant’s license
shall be a personal privilege, and shall not be transferable, nor shall any
ahatement of the sum required to be paid allowed. No person, firm or
corporation licensed as a sample liquor merchant shall be authorized to
sell except to some club, person, firm or corporation licensed under the
provisions of this act.
5. Any corporation, firm or association chartered and organized as
a social club which shall desire to keep on hand ardent spirits to be
sold directly or indirectly or given away to members of such corporation,
shall procure a license in accordance with the provisions of this act, and
shall be entitled to all the privileges and subject to.all the conditions,
limitations and penalties prescribed by this act. But no such license
shall be granted under this act to any social club in any local option or
no license territory.
6. Any corporation chartered and organized as a social club and
desiring to keep on hand at its club house or club rooms ardent spirits,
to be sold, given or dispensed to the members and their bona fide guests
of such corporation or club, which shall obtain a license on the following
condition and not otherwise, shall not be affected by the next preceding
section.
(a) Such corporation or club shall apply to the court having authority
to grant liquor licenses in the county or corporation in which its club
house or club rooms are located for leave to keep on hand at its club
house or club rooms such ardent spirits for the use of its members, and
with such application shall furnish a list of the names of all the mem-
bers of such club or corporation and of its officers, together with their
places of residence.
(b) Notice of such application shall be posted at the front door of
the courthouse at least fifteen days before the day on which the applica-
tion is to be made; in which notice shall be given the day on which the
application will be made in open court. Such notice shall be published
at least twice a week in a newspaper published in the county or corpora-
tion where the club house or club rooms are located, and if no news-
paper be published therein, then in a newspaper having general circula-
tion in said corporation or county. The notice shall be signed by the
president and governors, or other governing body of such club. Before
granting the privilege the court shall require the club to execute a bond
in the penalty of five thousand dollars with security, either personal or
corporate, to be approved by the court and conditioned for the faithful
compliance by the said corporation or club with all the provisions of this
section. If personal surety or sureties be tendered by the corporation
or club, the court shall not accept the same unless they, or one of them,
shall own in fee simple unencumbered real estate assessed for taxation
at not less than five thousand dollars. On breach of condition the bond
shall stand forfeited for the benefit of the Commonwealth, and recovery
may be had thereon against the obligors or any of them upon motion
after ten days notice of such motion.
(c) The court shall not grant the privilege aforesaid until and unless
it be established to the satisfaction of the court that the said club or
corporation is a bona fide social organization and has occupied within
the corporation or county in which the application is made a club house
or club rooms (not less than four rooms), which have been continuously
open day after day for the exclusive use of its members and their bona
fide guests for a period of twelve months preceding such application ;
that such corporation or club has kept a record of its members, of its
purchases and disbursements and of its income from all sources; which
record shall be open to the inspection of the court, the commissioner of
the revenue of the corporation or county, and the chief of police of the
city or town in which said club house or club rooms are located; that
the said corporation or club is composed of not less than thirty mem-
bers (all of whom shall be twenty-one years of age,) who had paid their
monthly or other periodical dues, and which dues shall have aggregated
not less than eight dollars each yearly; provided, however, that no person
who has joined a club after January first, nineteen hundred and six,
shall be deemed a member of any such club or corporation within the
purview of this act, unless his name shall have been proposed for mem-
bership and duly posted at some conspicuous place in the club house or
club rooms for at least seven days before his election; that a bona fide
initiation fee of not less than five dollars has been required of each
member and paid, as a condition precedent to membership; that the
actual control and management of the said corporation or club is exer-
cised by regularly appointed governors, directors or other governing
body, composed at the time of such application of men of such character
and standing in the community as that in the opinion of the said court,
to be entered of record, they are suitable, fit and proper persons to be
entrusted with the privilege aforesaid; provided, that such governors or
directors shall be residents of the said county or corporation, and not less
than five in number; and that such corporation or club has paid to the
treasurer of such county or corporation a sum equivalent to two dollars
for each resident member of such corporation or club; provided, how-
ever, that the sum to be paid to the State for such privilege by any such
corporation or club shall in no case excced the sum required for a retail
liquor license under this act, which payment shall exempt the said cor-
poration or club from any other license or tax, either by State, county, or
municipal authorities.
Any person may have himself entered as a party defendant to the
application for such privilege and may contest the granting thereof in
accordance with the provisions of section ten of this act.
(d) Upon the court being satisfied that the requirements of this
section have been fully complied with it shall grant a certificate to that
effect and that such privilege may be exercised by said club or corpora-
tion, which shall be kept conspicuously posted in said club house or club
rooms; provided, however, that no such privilege shall be granted in any
territory where retail liquor license cannot be granted or locality in which
under the local option laws the licensing of the sale of such liquors and
fruits is prohibited.
Tf any such corporation or club shall keep on hand at its club house
or in its club rooms ardent spirits to be sold or given to its members, or
shall directly or indirectly sell or give away to its members or to any
other person any such ardent spirits, without acquiring the right to -do
so under the provisions of this section, the said club or corporation shall
upon conviction thereof be fined five hundred dollars for each offense,
and in addition thereto shall forfeit its charter.
Any person representing himself to be an officer or agent of any such
corporation or club, who shall make such application for the privilege
aforesaid with intent to evade any provisions of the laws of the Common-
wealth, governing the licensing and sale of intoxicating liquors, or who
shall sell or give away to any member of such corporation or club or
to any other person, directly or indirectly, any such ardent spirits at
the club house or club rooms of the said corporation or club, without
such club or corporation having acquired the privilege aforesaid in the
manner aforesaid, shall be deemed guilty of a misdemeanor, and on
conviction thereof shall be fined not less than two hundred dollars, nor
more than five hundred dollars for each offense, and shall be confined in
jail not less than one month nor more than twelve months; and any
person permitting his name to be used as a member of such corporation
or club with intent aforesaid, shall be likewise deemed guilty of a mis-
demeanor and fined as aforesaid
7. Any druggist who desires to sell ardent spirits or alcoholic bitters,
‘shall take out a retail liquor dealer’s license and shall, in all respects, be
deemed a retail liquor dealer, and be subject to the requirements of
this act; provided, the provisions of this act shall not apply to liquor
used by any druggist in the preparation of medicine. No alcoholic
bitters, whether the same may have been manufactured in this State
or elsewhere, shall be sold in this State by any person who has not.
obtained a license under this act. ;
8. No license for sale of ardent spirits shall be granted for such sale
in any territory wherein such license is prohibited by law, nor shall such
license for such sale be granted except as follows:
(a) For sale within towns of five hundred inhabitants or more, based
upon the last preceding United States census; (b) at a hotel or social
club, at a health resort having a natural mineral spring connected there-
with, or situated by ‘the sea or any large body of salt water connected
therewith; (c) a community within a county contiguous to a city
(though such community be not incorporated) having police protection
paid for by the public and wherein the court upon evidence is satisfied
that there are within a radius of one-half mile where the business is
proposed to be conducted five hundred or more inhabitants and wherein
license for the sale of ardent spirits has been granted during the twelve
months prior to the passage of this act; provided, that no part of any
city or incorporated towns shall be included within such radius; (d)
incorporated cities. No license shall be granted in any of the above
cases unless the court is satisfied that proper and satisfactory police pro-
tection is afforded. No license to retail ardent spirits shall be granted
to any person except such person is a qualified voter of the county or
city in which the business is to be conducted and if the license is taken
out by a corporation then the officer or agent of said corporation selling or
dispensing ardent spirits shall have such qualification, but this qualifi-
cation as to the licensee shall not apply to persons at present engaged in
the business of the sale of ardent spirits who now reside outside of the
city, town, or county, in which they conduct such business, but who are
qualified voters in the State, or to manufacturers of ardent spirits who
mash twenty bushels or more per day, their officers or agents and the
officers and agents of social clubs which comply with the requirements
of section six of this act, and nothing in this section shall be construed
to prohibit the granting of license to manufacturers of ardent spirits who
mash twenty bushels or more per day. Nor to the manufacturers of
alcoholic liquors by direct fermentation who distill as much as two hun-
dred gallons of pomace or cider per day when in operation and licensed
for the period of one year.
9. Licenses required by this act shall be obtained from the circuit
or corporation court of the county or city in which the business is to be
conducted, except that the license to a sample liquor merchant shall be
obtained on the certificate of the circuit, corporation, or hustings court
of some city of the State, but when so obtained the license shall carry the
privileges of selling anywhere in the State. The clerk of the court grant-
ing the certificate to certify to the genuineness of the license under the
seal of the court. Any person, firm, company, corporation, partnership,
or association desiring to obtain a license such as is required in any
of the cases specified in this act, shall make a written application there-
for to a commissioner of the revenue of the county or city from the
circuit or corporation or hustings court of which a certificate is required.
Such application shall state the name of the applicant, the residence of
the applicant, and the nature of the business for which the license is
desired, the place where it is proposed to be prosecuted, and the amount
required by law to be paid for the privilege of such license. Upon such
application shall be endorsed the certificate of the treasurer of such
county or city that the amount so required has been deposited with him
by the applicant in gold or silver coin, United States treasury notes, or
national bank notes.
When such application for a sale within a city has been endorsed
by the commissioner of the revenue, “referred to the corporation court
of the city of................ »’ or otherwise when such application
has been endorsed by the commissioner of the revenue, “referred to the
circuit court of..........0. eee eee county,” as the case may be, the
applicant shall present the application so endorsed to the corporation or
circuit court whose certificate is required, and said court shall thereupon
hear such evidence as may be introduced for or against the application
and hear and determine the question of granting the same.
10. It shall be lawful for any person who may consider that he would
be aggrieved by granting any license under this act to have himself
entered and made a party defendant to said application and to defend
and contest the same. If the court be fully satisfied, upon the hearing
of the testimony for and against the application, that the applicant is
a fit person to conduct such business, and that he will keep an orderly
house and personally superintend the same and that the place at which
it is to be conducted is a suitable, convenient, and appropriate place
for conducting such a business, the court may, upon the execution by
the applicant of bond in the penalty of five hundred dollars, with good
security, conditioned for the faithful compliance with all the requirements
of this act, grant such license; and thereupon the commissioner of the
reveune shall issue the same in such form as may be prescribed by the
auditor of public accounts. In case an application is refused by the
‘court, the applicant shall have refunded to him by the treasurer or other
collecting officer the amount of money deposited by him. There shall be
no appeal from the order of the circuit or corporation court granting or
refusing a license.
The party to any such proceeding who shall substantially prevail in
cases where such applications are contested shall recover his costs from
the opposite parties as in civil cases.
Every applicant for a license under this act to do business at a place
where a license has not heretofore been granted shall advertise his in-
tention of making such application by posting a written notice of such
intention at the front door of the court house of the county or the city
in which the business is proposed to be conducted, and also at the place
where it is proposed to conduct said business, for thirty days next
preceding the day on which such application shall be presented to the
court, and no court shall consider any such application until it shall
have been first proved to its satisfaction that the notice required by this
section has been posted.
11. The amount to be paid for a license for the privilege of selling by
wholesale ardent spirits, shall be four hundred and fifty dollars; provided,
however, that if any wholesale dealer shall desire the privilege of selling
malt liquors only, the specific amount to be paid by him for the privilege
shall be one hundred and fifty dollars. The specific license tax for sell-
ing under a malt liquor bar license shall be two hundred dollars.
The specific sum to be paid for the privilege of selling by retail ardent
spirits, shall be four hundred and fifty dollars. Should the retail license
be for sale in any hotel then in addition to the said sum there shall be
paid an additional sum of one dollar per room for every room available
in said hotel for lodging and accommodations of travellers, sojourners,
boarders, and guests who may patronize said hotel; provided, however,
at hotels at resorts having a natural mineral spring or large body of
salt water connected therewith a license contemplated by this section may
be granted for a part of the year, and in such cases the license tax shall
be abated for that part of the license year for which the license is not
desired.
12. The amount to be paid for the privilege of doing business as a
sample liquor merchant shall be five hundred dollars, and no person,
firm, or corporation, shall permit any person, except a duly authorized
agent or salesman, to sell under their license otherwise than for their
exclusive use and benefit. No agent or salesman shall be permitted to
sell, or offer to sell, as aforesaid, except he have with him at the time
the license granted to the person, firm, or corporation from whom he
acts, which license shall state the name of the person, firm or corpora-
tion to whom the license was granted and the name of the agent or
salesman using the same, and also a duly executed power of attorney
constituting him such agent or salesman, which license and power of at-
torney shall be exhibited whenever required by any officer of the law
or private citizen. For every agent or salesman employed to sell as
aforesaid there shall be paid five hundred dollars. Sales of ardent spirits,
or any mixture of any of them, by sample, shall be limited to sales by
wholesale. Nothing in this section shall be construed to require any
licensed wholesale liquor dealer who has paid his license as such (an
amount of not less than four hundred and fifty dollars) to pay an ad-
ditional amount for selling, or offering to sell, by sample, either by him-
self or agents: provided, that every such agent shall first apply to the
court of some city for the certificate hereinbefore required. No person,
firm, or corporation shall hire their licenses or allow the use of the same
to any other person, firm, or corporation; and any person, firm, or cor-
poration who shall so hire or allow the use of such license to any other
person, firm, or corporation shall forfeit such license; and the person,
firm, or corporation using such license shall pay a fine of four hundred
dollars for each offense: provided, that any person licensed as a manu-
facturer under this act may sell by sample, either in person or through
his agents, provided the sales be by wholesale, but no sale shall be raade
under the license provided for in this section except to some club, person,
firm, or corporation licensed under this act.
13. Nothing in this act shall be construed as licensing any person,
firm, or corporation to sell wood alcohol, or any mixture thereof, as
a beverage, and the sale of such wood alcohol, or mixture thereof, as a
beverage, is hereby prohibited.
Any person desiring to carry on the business of a wholesale liquor
dealer and that of a retail liquor dealer shall obtain a separate license
poe ae and comply with all the provisions of this act in relation to
oth.
14. Nothing in this act shall be construed as applying to the man-
ufacture or sale of cider which is the pure juice of the apple without any
addition of alcohol, distilled spirits, wine or other intoxicating liquor,
or any other mixture whatever except preservatives not prohibited by
United States law. Provided, however, that any such cider that will
produce intoxication shall not be sold in quantities of less than five
gallons in local option territory, or in territory in which license to sell
ardent spirits at retail has not been granted, except by the person grow-
ing the fruit from which the cider is made; provided, further, that no
cider containing more than six per cent. of alcohol at the time of the
sale shall be sold in local option territory, or in territory where license
to sell ardent spirits at retail has not been granted; provided, further,
that nothing in this act shall prevent the sale of cider to be delivered to a
common carrier to be transported to a place where ardents spirits may
be legally sold, nor to a licensed distiller for purposes of distillation.
Provided, further, that this act, except this section, shall not apply to
the sale of pure wine manufactured by the person growing the fruit
from which the wine is made; provided, no such sales be made in local
option or no license territory; provided, further, such persons may sell
such wine to be delivered to a common carrier to be transported to some
place where ardent spirits may be sold legally.
15. Every manufacturer or distiller of alcoholic liquors shall pay
for said privilege, at the time his license is granted, a specific sum there-
for, to be graduated and classified as follows: The manufacturer who
shall mash and distill less than ten bushels per day, thirty dollars; ten
bushels and less than twenty per day, seventy-five dollars; twenty bushels
and less than thirty per day, one hundred and fifty dollars; thirty bushels
and less than forty-five per day, two hundred dollars; forty-five bushels
and less than seventy-five per day, two hundred and fifty dollars;
seventy-five bushels and less than one hundred per day, three hundred
and fifty dollars; one hundred bushels and less than one hundred and
fifty per day, four hundred and fifty dollars; one hundred and fifty
bushels and less than two hundred per day, five hundred dollars; two
hundred bushels and less than two hundred and fifty per day, six hun-
dred dollars; two hundred and fifty bushels and less than three hundred
per day, seven hundred dollars ; and on each one hundred bushels per day
in excess of three hundred at the rate of three hundred dollars for each
one hundred bushels so mashed per day. The above specific sums shall
be paid before commencing his operations, and on the payment of such
specific sum the manufacturer shall have the privilege of selling the
liquors actually manufactured by him in quantities of not less than one
gallon at the house where the samie is manufactured: provided, further,
that all liquors bought shall be taken away at the time bought from the
place where sold; and provided, further, that no such manufacturer shall
sell at retail any ardent spirits in local option or no license territory
in which said manufactory of ardent spirits is located, except that such
manufacturer shall be permitted to deliver his product to any com-
mon carrier to be transported to any place where it may be legally sold.
The manufacturer of alcoholic liquors by direct fermentation and dis-
tillation from pomace or from cider or fruits, where the distillery is run
less than three months, shall pay a specific sum of five dollars, but if the
distillery is run more than three months and less than six the specific
amount to be paid for the privilege shall be twenty dollars, and if run
six months or more there shall be paid for the privilege fifty dollars. It
shall be the duty of every licensed distiller who manufacturers whiskey
from grain or who manufacturers brandy from fruit to furnish the com-
missioner of the revenue a copy of the returns made by him to“the in-
ternal revenue assessor of the United States, and the commissioner of the
revenue shall require said licensed distiller to make affidavit to the
correctness of such return. On payment of the above sum the distiller
of brandy shall have similar privileges in regard to the sale of brandy
manufactured by him to those granted to distillers of whiskey. For
the privilege of manufacturing malt liquors there shall be paid one
hundred and fifty dollars and upon payment of such specific sum the
manufacturer shall have the privilege of selling the products of his
brewing in quantities of two dozen pints or more at any place within
the State of Virginia, except where such manufactory is situated in a no
license territory; in which case no sale shall be made and delivery had
at the place of manufacture; but such manufacturer may sell the pro-
duct of his brewing to be delivered to a common carrier to be transferred
to any place where same may be legally sold; and the said manufacturer
shall have the additional privilege of selling the products of his brewing
in quantities not less than one gallon at the place of manufacture, except
in no license territory. Every person, firm or corporation maintain-
ing in this State a distributing or storage warehouse for malt liquors who
has not paid a license tax as a manufacturer of malt liquors, shall pay
for such privilege the sum of one hundred and fifty dollars.
Any person manufacturing pure cider who does not come within the
provisions of section fourteen, shall pay an annual tax of fifteen dollars
per year except the provisions of this section shall not apply to any per-
son, firm or corporation who manufactures or sells cider which is the
pure juice of the apple without any addition of alcohol, distilled
spirits, wine of other intoxicating liquor, or any other mixture whatever,
except preservatives not prohibited by United States law, and shall be
allowed to sell where and in such manner as is set forth in section four-
teen.
16. Except in towns of more than five hundred inhabitants, based
upon the last United States census, and in cities no license to manu-
facture or rectify ardent spirits shall be granted, unless in addition to
the other requirements of this act it plainly appears to the court before
whom such application is made that the applicant is a voter in the State
of Virginia, that a majority of the qualified voters of the magisterial
district or incorporated town in which the privilege is sought to be
exercised are in favor of the application, and that the manufacture or dis-
tillation of ardent spirits at that place will not be contrary to sound
public policy or injurious to the moral or the material interests of the
community, and that there is adequate police protection at the place
of such manufacture, and such distiller shall not sell in territory where
license to retail ardent spirits is not granted. The term voter or quali-
fied voter wherever used in this act shall be construed to mean anv
person who has the qualifications prescribed by law for voters at special
or local option elections.
This section except that part of it requiring the applicant to be a
voter in the State, shall not apply to manufacturers or distillers of
ardent spirits’ who mash twenty bushels or more per day, nor to manu-
facturers of alcoholic liquors by direct fermentation who may distill as
much as two hundred gallons of pomace or cider per day and are licensed
for the period of one year, but no such distillers or manufacturer shall
sell and deliver at the place of manufacture when the same is in any
no license or local option territory, except for delivery to a common
carrier as herein provided. It shall be lawful for the manufacturer of
wines, who shall have a manufactory in any county, district or corpora-
tion, which may vote or has voted against liquor license therein, as
provided by law, to sell such wines, in any licensed territory, in quan-
tities of not less than five gallons or one dozen bottles, and to distill the
refuse, offal, or by-product of the grapes used in the manufacture of such
wine or wines into brandy, and may sell such brandy in quantities
of not less than five gallons, or one dozen bottles provided delivery be
made of the wines or brandies so manufactured and. so sold, to a com-
mon carrier, to be transported out of such county, district or corporation,
and it shall be lawful for manufacturers to obtain a license to sell and
distill, should a license be required of such manufacturer.
17. The specific amount which each rectifier shall pay for the privi-
lege of carrying on his business shall be two hundred and fifty dollars,
except that a manufacturer of ardent spirits may rectify spirits of his
own manufacture without paying any additional sum for such privi-
lege. Each rectifier who shall desiré to sell, by wholesale or retail, spirits
so rectified by him, shall pay for such privilege the same amount required
to be paid by other wholesale and retail dealers in ardent spirits.
18. The auditor of public accounts shall prescribe a form for licenses
required by this act, which forms shall have printed on them in plain
letters, at least one inch in length, in words and figures, the year when
issued, the month when the license begins and expires, and also the
class of license.
Every person obtaining any such license shall post the same in a
conspicuous place in his office, if a wholesale liquor dealer; and if a
retail liquor dealer or malt liquor saloon-keeper, shall post the same in
the most conspicuous place about his bar or place of retailing, and shall
expose the same to common observation; and any person failing to keep
such license so conspicuously posted shall, on conviction, be fined not
exceeding one hundred dollars.
19. No person or club, firm, corporation or association shall sell or
dispense ardent spirits of any description on Sunday or Christmas day,
or to a person under twenty-one years of age, or to any student at any
public school, college or university, or to an idiot, or knowingly sell to a
lunatic or epileptic, habitual drunkard or to any intoxicated person.
Nor shall any person buy ardent spirits for any minor, student at any
public school, college or university, or for any lunatic, idiot, epileptic,
habitual drunkard or intoxicated person, nor shall any person, firm,
association or corporation, sell or dispose of any description of ardent
spirits to an habitual drunkard, or in any local option or no license
territory, or between the hours of six p. m. the day before an election
day and the hour of six a. m. on the day succeeding such election day,
nor shall any saloon be kept open between the hours of twelve p. m. and
five a.m. Nor shall any female or minor be employed in any capacity
in any saloon. In cases of a sale to persons under twenty-one vears of
age, or to idiots or lunatics, the license at the place where the ardent
spirits were so sold shall be revoked by the court that granted the same.
‘When any person is convicted by a justice of the sale of ardent spirits
to a person under twenty-one years of age or to an idiot or lunatic, the
justice trying the case shall certify such convictions to the circuit court
of his county or the judge thereof in vacation; which court or judge
shall unless there is an appeal and reversal of the justice revoke the
license of the person so convicted.
20. It shall be unlawful for any corporation, association, partnership
or person to guarantee as pure any cider which is not the pure juice of
the fruit out of which it is made, without any admixture whatever,
except preservatives not prohibited by the United States laws, or for anv
corporation, association, partnership or person to sell any liquids or
mixtures, which produce intoxication, under a guarantee that such
liquids or mixtures do not come within the provisions of this act, or to
give any guarantee or assurance, which have for their object and
purpose the protection and indemnity of persons who purchase for the
purpose of sale such liquids or mixtures and who have no license for
the sale thereof under the laws of this State.
The circuit or corporation court ef any county or city wherein such
cider, liquid or mixture is sold under guarantee shall have jurisdiction
to try the guarantor, or guarantors, and when presentment is made in
any such court proper process against the accused shall at once be issued
and executed, and the case regularly heard and tried.
20%. Any person who shall drink intoxicating liquors or spirituous,
vinous or malt liquors or alcoholic beverages or any mixture of the
same on a passenger train in this State, except by special permission
obtained from the conductor of such train, shall be guilty of a misde-
meanor and fined not less than ten dollars nor more than fifteen dollars,
provided, however, that the provisions of this section shall not apply to
buffet, dining or Pullman cars.
21. When it is matter of common report, and on complaint on oath
in writing of two or more reputable citizens, that there is a reasonable
cause to believe that the provisions in this act as to the illicit sale of
ardent spirits are being violated, the places to he named in such oaths.
the justice to whom such complaint is made, if satisfied that there is
reasonable cause therefor, shall issue a warrant to search such specified
places for ardent spirits, and if, upon such search, there shall be found
more than two gallons of ardent spirits at any of such places in the pos-
session of any person, the fact of the finding of such ardent spirits shall
be admitted as evidence, along with other evidence introduced, to estab-
lish that the person in whose possession such spirits were found was or
had been engaged in the illicit sale of ardent spirits.
22. It shall be unlawful for any owner, operator, agent, clerk, occu-
pant, or other person, of any depot, storehouse, warehouse, store-room,
office, steamboat, wharf-boat, or other place situated or being in any
county, district, city, or ward in this State wherein the sale of ardent
spirits are at the time prohibited by law, or where the sale of said liquors
are not licensed, to deliver any such liquors to, or receive pay for same
from any person other than the person to whom the same is billed or
shipped, and to whom it is bona fide addressed, or his employee upon the
written order of such consignee.
23. It shall not be lawful for the managers or employees of any dis-
pensary established under the laws of this State to ship or deliver ardent
spirits to persons outside of the village, town or city in which said dis-
pensary is located.
Any violation of this section by any manager or employee, of any such
dispensary, shall be punished by a fine of not less than fifty nor more
than-one hundred dollars for each offense.
2314. That “malt beverage” within the meaning of this section, shall
be construed to be the product of a brewing plant, or brewery, and shall,
as to its composition, comply with the standards now, or as may hereafter
be prescribed by the pure food commissioner of the United States, but
shall be non-intoxicating and in no event contain in excess of two and one-
quarter per cent. in volume of alcohol.
No person, firm, or corporation shall manufacture “malt beverage,”
as herein defined, except subject to the provisions of this act.
“Malt beverage” shall be manufactured only by some person, firm or
corporation having a manufacturer’s malt liquor license, and who shall,
before manufacturing the same,’ pay an additional special license tax
of two hundred and fifty dollars ($250.00) per year and execute a bond
in the penalty of ten thousand dollars ($10,000) before and with se-
curity (either personal or corporate), approved by the judge of the
circuit or corporation court of the county or city in which such manu-
facturing is proposed to be done; the condition of said bond shall be to
faithfully comply with the provisions of this act.
“Malt beverage” shall be sold by the manufacturer direct to the con-
sumer (not to be drunk where sold) and in quantities of not less than
one half dozen bottles, nor more than four dozen bottles at any one
time, and shall not be sold or offered for sale by any other person, firm
or corporation. “Malt beverage” shall be sold only in bottles in’ which
shall be blown, in letters at least one-half inch in height, the name and
address of the manufacturer, and the words “malt beverage.” No per-
son, firm or corporation shall place in such bottles and sell or otherwise
transfer any liquid containing alcohol in excess of two and one quarter
per cent. in volume.
Any person violating any of the provisions of this section shall, upon
conviction thereof, be fined not less than five hundred dollars nor more
than one thousand dollars, or, in the discretion of the jury, confined
in jail for not less than three months nor more than twelve months for
each offense .
24. It shall be the duty of the State commissioner of agriculture, at
the written request of any officer, State, county or municipal, charged
with the execution of the revenue laws, to cause to be analyzed any mix-
ture supposed to contain alcohol and to return to the officer making the
request a certificate of the chemist showing such analysis. The certifi-
cates of the chemist of the agricultural department of this State, when
signed and sworn to by him, shall be evidence in all prosecutions under
the revenue laws of this State and in all controversies touching the mix-
ture analysed by him, but the burden shall be upon the prosecution to
establish the fact that the mixture analyzed is the same as that alleged
to have been illicitly sold, but upon the motion of the accused the chemist
shall be required to appear as witness and shall be subjected to cross-
examination.
25. In all prosecutions for the violations of this act, when evidence
has been introduced on behalf of the Commonwealth proving that the
defendant sold a certain liquid or mixture, by whatever name it mav
be called, to be drunk as a beverage, and that the drinking of such liquid
or mixture produced intoxication, the burden shall be on the defendant
to show that such liquid or mixture was not intoxicating within the
meaning of this act, or that it was pure apple cider the sale of which is
not prohibited by section fourteen of this act. May be called, the burden
shall be on the defendant to show that such liquid or mixture was not
intoxicating liquor within the meaning of this act.
26. All places where ardent spirits are manufactured, sold, bartered
or given away in violation of the provisions of this act, are hereby de-
clared to be common nuisances. The attorney-general of the attorneys
for the Commonwealth of the several cities and counties or any citizen of
the county or city where such nuisance exists or is kept or maintained,
may maintain a suit in the name of the State to abate and perpetually
enjoin the same. But the defendant shall have the right to demand that
any issue of fact arising in such cause shall be tried by a jury.
The bill of injunction shall be verified by oath, and no bond shall be
required, when such suit shall be brought by the attorney-general or any
attorney for the Commonwealth.
Any person violating the terms of any injunction granted in such pro-
ceedings shall be punished for contempt by a fine of not less than one
hundred nor more than five hundred dollars, and by imprisonment in
jail for not less than thirty days nor more than six months, in the dis-
eretion of the court. But any such defendant shall have the right to
demand a trial by jury. .
27. Any person violating any of the provisions of or failing to comply
with any of the requirements of this act shall be deemed guilty of a mis-
demeanor, unless otherwise provided herein, and shall be fined not less.
than fifty dollars nor more than one hundred dollars for each offense,
and in addition he may, in the discretion of the court, be imprisoned
not more than sixty days. And shall be required to give bond for
twelve months with approved security in the penalty of five hundred
dollars, and conditioned that he will not violate the provisions of this
act. For the second and each succeeding offense he shall be fined not
less than one hundred dollars, and shall be confined in jail not less than
two nor more than six months, shall forfeit his bond previously given
and be required to give bond with approved security in the penalty of one
thousand dollars, conditioned as above. If he shall fail or refuse to
execute the bond herein required, either for the first or any succeeding
offense, he shall be confined in jail, in addition to his other punishment,
not less than two nor more than six months.
28. Nothing in this act shall be construed to prevent wholesale
confectioners from selling fruits preserved in ardent spirits nor brew-
eries from selling beer direct to consumers in their homes where the
same is not prohibited by this act, and nothing in this act shall be con-
strued to change the provisions of the charter of any town or city in the
State touching the granting of licenses, or with any special act concerning
the sale or manufacture of liquor or cider in any county of the State.
Nothing in this act shall be construed to prohibit the sale of denatured
alcohol for use in arts or for the purposes of fuel, light and power.
Wherever the words local option or no license territory are used in this
act they shall be construed to mean territory in which the people have
decided by the election under the local option law or other local laws
in force in said territory, that license to sell ardent spirits shall not be
granted and territory in which license cannot be granted under the pro-
visions of this act.
29. The circuit and corporation courts in addition to the jurisdiction
they now have shall have concurrent jurisdiction with the justices in all
prosecutions arising under this act. The bond taken of a licensed dealer
or manufacturer under this act shall be deemed forfeited by his failure
to pay any part of the penalties assessed against him by this act, and
any portion as to which there is such failure of payment may be re-
covered of him and his sureties by motion or suit in any court having
jurisdiction.
30. Sections one hundred and forty-one and one hundred and forty-
two of an act to amend and re-enact sections seventy-five to one hundred
and forty-seven, inclusive, of an act approved April sixteenth, nineteen
hundred and three, entitled “an act to raise revenue for the support of
the government and public free schools, and to pay the interest on the
public debt and to provide a special tax for pensions as authorized by
section one hundred and eighty-nine of the Constitution, approved
February nineteenth, nineteen hundred and four,” and all acts and parts
of acts inconsistent with this act are hereby repealed.
31. There being an emergency making it necessary that this act shall
go into effect so that the licenses provided therein may be issued as of
the first of May, this act is hereby declared an emergency act, and shall
be in effect from its passage, provided however that nothing herein
contained shall affect the validity or duration of licenses heretofore
granted.