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 | 1910 |
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Law Number | 185 |
Subjects |
Law Body
Chap. 185.—An ACT to authorize any licensed incorporated country clubs,
chartered and organized as social clubs, to keep on hand at such club-
house of such club ardent spirits, and to sell, give or dispense the same to
the members of such corporation or club, and their bona fide guests, im-
posing license taxes thereon, and to prescribe penalties.
Approved March 15, 1910.
1. Be it enacted by the general assembly of Virginia, That any corpo-
ration, firm or association chartered and organized as a social club, which
shall desire to keep on hand ardent spirits to be sold directly or in-
directly 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 territory in which, under the
local option laws, the licensing of the sale of such liquor has been pro-
hibited.
2. Any corporation chartered and organized as a social club and de-
siring to keep on hand at its clubhouse ardent spirits to be sold, given
or dispensed to the members of such corporation or club, and their bona
fide guests, may obtain a license in the following manner and upon the
following conditions, and not otherwise:
(a) Such corporation or club shall apply to the court having au-
thority to grant liquor licenses in the county in which its clubhouse is
located for leave to keep on hand at its clubhouse such ardent spirits for
the use of its members, and with such application shall furnish a list of
the names of all the members 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 application
is to be made, in which notice shall be given the day on which the appli-
cation will be made in open court. Such notice shall be published at
least twice a week in a newspaper published in the county where the
clubhouse is located, and if no newspaper be published therein, then in a
newspaper having general circulation in said 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 se-
curity, either personal or corporate, to be approved by the court and con-
ditioned 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 unless and until
it be established to the satisfaction of the court that the said club or
corporation is a bona fide social organization and has been so chartered
for a period of at least twelve months previous to the time of such appli-
cation; that said corporation or club owns its clubhouse and the land
occupied by it; that such corporation or club is located within four miles
of a city of sixty thousand inhabitants; that said corporation or club
keeps a record of its members, its purchases and disbursements and its
income from all sources; which record shall be open to the inspection of
the court and the commissioner of revenue of the county in which said
clubhouse is located; that the said corporation or club is composed of not
less than four hundred regular members (all of whom shall be twenty-
one years of age), who shall pay monthly or other periodical dues, which
dues shall aggregate not less than twelve dollars per year: provided, how-
ever, that no person who has joined the club after January first, nineteen
hundred and nine, shall be deemed a member of any such club or corpo-
ration within the purview of this act, unless his name shall have been
proposed for membership for at least ten days before his election; that a
bona fide initiation fee of not less than twenty-five dollars, or a subscrip-
tion to, or purchase of, the stock or bonds of said club or corporation of
not less than twenty-five dollars, has been required of and paid by each
member as a condition precedent to membership; that the actual control
and management of such club or corporation is exercised 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 court, to be entered of record,
they are suitable, fit and proper persons to be entrusted with the privilege
aforesaid; that such governors or directors shall be residents of such
county, or of a city within such county, and not less than five in number;
that the said corporation or club has paid to the treasurer of such county
a sum equivalent to two dollars for each resident member of such club
or corporation: provided, however, that the sum to be paid to the State
for such privilege by any such club or corporation shall in no case exceed
the sum required for a retail liquor license required by Jaw at the time
of such application, which payment shall exempt the said club or corpo-
ration from any other license or tax, either by State, county, or muni-
cipal 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 law relating to the granting of licenses
for the sale of arden tspirits.
(d) Upon the court being satisfied that the requirements of this act
have been fully complied with, it shall grant a certificate to that effect,
and that such privilege may be exercised by such social club or corpora-
tion shall be kept conspicuously posted in said clubhouse: provided, how-
ever, that no such privilege shall be granted in any territory in which,
under local option laws, the licensing of the sale’ of such liquor is pro-
hibited.
If any such corporation or club shall keep on hatd at its clubhouse
ardent spirits, to be sold or given to its members, or shall directly or
indirectly sell or give away to its members, or any other person, any
sach ardent spirits, without acquiring the right to do so under the pro-
visions 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 Com-
monwealth 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, anv such ardent spirits at
the clubhouse of the said corporation or club, without such club or corpo-
ration 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 misdemeanor and fined
as aforesaid.
3. No such corporation or club 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 any intoxicated person.
4. Any person representing himself to be an officer or agent of any
such corporation or club violating any of the provisions of this section,
ghall upon conviction thereof be fined not less than five hundred nor
more than one thousand dollars, or, in the discretion of the jury, confined
in jail for not less: than three nor more than twelve months for each
offense.