Chap. 7.—An ACT to submit to the qualified voters of Bedford City, in the
county of Bedford, at a special election to be held therefor, the question of the
establishment of a dispensary for the sale of intoxicating liquors in the town
of Bedford City, and in the event of a majority of those voting at said election
for said dispensary, then further to provide for the establishment and conduct
of the same, and to prohibit thereafter, within said town, or within one mile
of its limits, the sale, barter, or exchange of intoxicating liquors by all per-
sons, firms or corporations, except as provided herein, and to provide for a
second election to be held after two years from the date of the first election.

Approved January 30, 1908.

1. Be it enacted by the general assembly of Virginia, That on
Thursday, the fifth day of March, nineteen hundred and eight, there
shall be held within the town of Bedford City, in the county of Bedford,
a special election, at which shall be submitted to the voters of the said
town that will be qualified to vote at the regular election in June,
nineteen hundred and eight, the question of the establishment
of a dispensary in the said town of Bedford City, as_here-
inafter provided, which said election shall be held and _ the
returns thereof made, canvassed and ascertained as _ provided
by the general election laws of this 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 for the establishment of said
dispensary as provided for 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,” leav-
ing the words “against dispensary” 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 commissioners of election shall certify the result of said election
to the council of said town, to be entered of record on its minute books.
And if at said election the 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 the said town of Bedford
City, or within one mile of the corporate limits, on or after the first day
of May succeeding such election, except as hereinafter provided, and
any one violating this section shall be guilty of a misdemeanor, and
upon conviction thereof shall be fined not less than one hundred nor
more than one thousand dollars, or imprisonment not less than one
month nor more than twelve months in the jail of said county, or such
person may be punished by both fine and imprisonment as aforesaid, in
the discretion of the jury or justice 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 dis-
pensary as provided for by this act, then the same shall not affect the
general laws pertaining to the sale of intoxicating liquors.

2. The council of the town of Bedford City shall at some time during
the month of March nineteen hundred and eight and every two years
thereafter, select three citizens of the said town who after their appoint-
ment is confirmed by the judge of the circuit court of Bedford county
either in term or in vacation 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 vacancies occurring on said
board shall be filled by said council for the unexpired term. The mem-
bers 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 council shall have the
right to remove any member of said board, when in the judgment of
said council, he has violated his oath or been guilty of any misfeasance
in office. Said board shall elect one of its members chairman, whose
duty it shall be to audit and approve all the bills contracted by said
board, and shall receive for his services a salary to be fixed by the council
of the town of Bedford City.

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
intoxicating liquors within the corporate limits of the town of Bedford
City, where such liquors shall be kept for sale under the direction of
said dispensary board by the manager, who shall have charge and con-
trol 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 sale of liquors, subject to the
control of the dispensary board, and he shall be subject to dismissal at
the pleasure of said dispensary board. He shall give bond in the sum
to be fixed by said dispensary board for the faithful discharge of his
duties, and for the payment of all monies received by him to the sergeant
of the town of Bedford City; and he shall be paid a salary to be fixed by
said dispensary board. It shall 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.

4. 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, maintenance of the dispensary
and the purchase of stock, from time to time, shall be paid by the
sergeant of the town of Bedford City, upon presentation of such bills
approved in writing by the chairman of the dispensary board and said
manager. Said manager shall sell only for cash, and shall turn over
all money received by him to the sergeant of the town once a week, who
shall keep a separate account of the same.

5. Said dispensary board shall make from time to time, rules and
regulations for the operation of said dispensary, but in no event shall
wines or liquors be sold to any person known to be an habitual drunkard,
or minors, or persons intoxicated, except upon the prescription of a
regularly licensed physician. The dispensary shall be opened at seven
o’clock a. m. and shall be closed at seven o’clock p. m. each day, and it
shall be closed on Sundays, election days, and such other days, and
under the same circumstances as makes the sale of liquors unlawful
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.

%. The manager of said dispensary shall sell to no person or persons
any spirituous, vinous, or malt liquors, except in sealed packages, and
whenever any original package is broken, it shall 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 to
break any original package and bottle and seal the same, the duty of
which person it shall be to see that all such original packages are bottled
in such size packages as.may be suggested by said manager, and securely
corked and sealed, and the price labeled thereon. The said manager
shall at no time keep, or allow to be kept, any broken or unsealed pack-
ages of liquors 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 an one-half
pint nor more than four gallons, and it shall be unlawful for the said
manager or any other person to open any such package or bottle, or to
drink any liquor of any kind within such distance from the entrance
to the dispensary as the said board may prescribe. Said manager shall
make a monthly report to the dispensary board showing the amount of
purchase and sales for the preceding month, and the stock on hand the
last day of the 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 in said dis-
pensary that are not known on the market as pure and unadulterated,
and the 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 the analysis as impure and unwhole-
some, such liquors shall not be sold at.said dispensary, and the same
shall be returned to the persons from whom purchased and payment for
the same’ refused.

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 to require to make such investigation as will, as
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 will be such amount as will probably pre-
vent a re-sale, and in case such board becomes satisfied that any person
or persons are directly or indirectly purchasing for the purpose of re-
selling, 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.
The said dispensary board shall have power to employ attorneys, agents
or detectives, to assist in the detection and prosecution of any violation
of this act, and 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.

10. The manager of said dispensary shall not allow any person or
persons to loiter in or about said dispensary, and any person who is
violating this provision, and refuses to leave at the request of the man-
ager shall be punished, upon conviction in the mayor’s court of said
town, as may be prescribed by the ordinances of said town.

11. The council of the said town of Bedford City shall, from time
to time, pass such ordinances as may be necessary to carry out the pro-
visions of this act, and shall prescribe suitable penalties for violation of
said ordinances.

12. The council of said town shall appropriate from the treasury of
said town a sufficient amount to establish the dispensary as provided
for in this act, which amount shall be repaid 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 out of said business; provided, however, that
the said town council may allow the said board to borrow money and
buy goods on the credit of the dispensary alone, if it be necessary to
keep said dispensary in operation.

13. The dispensary board shall keep 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
itemized expenses of said dispensary, salary paid manager, dispensary
board, and all other monies expended on account of said dispensary,
and money received on account thereof.

14. The members of said board other than chairman shall be paid
for their services twelve dollars per annum.

15. The sergeant of said town shall be liable on his official bond for
all money received by him hereunder, and shall receive for his services
a sum not to exceed one-half of one percentum for receiving, holding
and disbursing the same. He shall deposit all monies paid to him
under this act in such depository as the said council of the town of
Bedford City may direct. He shall disburse such funds as directed by
said dispensary board under the terms of this act.
16. The net profits accruing from said dispensary under this act shall
be disposed of in the following manner: One-eighth to the State of
Virginia, two-eighths to the school board of Bedford City to be used
for school purposes and the residue to the said town of Bedford City
for its general purposes.

17. Any person or persons who shall directly or indirectly keep or
maintain by himself, or by associating or by combining with others, or
who shall in any manner aid, assist or abet in keeping or maintaining
any club-room, or other place in which intoxicating liquors are received
or kept for sale or distribution or division among members of any club
or association, shall be guilty of misdemeanor, and punished by fine
of not less than one hundred dollars, nor more than one thousand dol-
lars, or by confinement in jail of not less than one month nor more
than twelve months, or both.

18. In establishing said dispensary, said dispensary board may pur-
chase from present liquor dealers in Bedford City such of their stock
on hand May first next succeeding such election as may be desirable
to keep in said dispensary; provided, that they shall not pay more than
wholesale cost for same; and provided, they shall be satisfied the same
are pure.

19. Notice of said special election shall be given by publication or
posting, but two weeks’ publication shall be sufficient, anything in the
charter of said town, or in the general law of the State, to the contrary
notwithstanding. ,

20. After two years from the holding of such election, on a petition
of one-third of the qualified voters of said town voting at the preceding
regular election held in said town, the said council may order a second
election under the same regulations as provided for the first election,
and the result of such election shall be ascertained and have the same
force as if the question had never been submitted.

21. All laws or parts of laws in conflict with this act are hereby re-
pealed so far as they relate to the town of Bedford City, in Bedford
county, Virginia.

22. An emergency existing on account of the necessity of raising
funds for said town this act shall be in force from its passage.