Chap. 190.—An ACT to amend and re-enact an act approved March 12, 1908,
entitled 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 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 189 of the Constitution, approved February 19, 1904, and to
prescribe penalties.

Approved March 15, 1910.

1. Be it enacted by the general assembly of Virginia, That the act
approved March twelfth, nineteen hundred and eight, entitled 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 one hundred and forty-one and one
hundred and forty-two of an act entitled an act to amend and re-enact sec-
tions seventy-five to one hundred and forty-seven, inclusive, of an act ap-
proved April sixteen, 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 pen-
sions, as authorized by section one hundred and eighty-nine of the Con-
stitution, approved February nineteenth, nineteen hundred and four, and
to prescribe penalties, be amended and re-enacted so as to read as follows:

§1. That all mixtures, preparations and liquids which will produce in-
toxication shall be deemed ardent spirits within the meaning of this act,
and this definition shall include beer, malt liquors, whiskey, wine, brandy
or any mixture thereof, fruits preserved in ardent spirits and alcoholic
bitters.

§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 having obtained a license therefor, which license shall be divided into
these six classes:

(a) A wholesale license, (b) a retail license, (c) a retail and shipper’s
license, (d) a malt liquor bar license, (e) a sample liquor merchant’s
license, (f) a social club license, which several licenses shall confer the
privileges as set forth in the subsequent sections of this act and no other.

84. A wholesale license shall confer the privilege of selling for local
delivery in quantities of not less than five gallons, and for shipment by
common carriers in any quantities in bottles, jugs or barrels, except that
wholesale dealers in malt liquors may sell not less than one dozen bottles
of such liquors.

A retail license shall confer the privilege of selling in quantities not
exceeding four gallons and a half to any individual, to be delivered to
such individual at the place of purchase or to any place within the city,
town, county or district or within one mile outside where the license is
granted, and nowhere else in the State of Virginia, in jugs, bottles or
demijohns, or to be drunk where sold.

A retail and shipper’s license shall confer all the privileges of a retail
license, with the additional privileges of shipping, by express or other-
wise, ardent spirits in quantities of not more than four and one-half
gallons to any one individual at any one time upon the order of such
person, subject to the provisions of section thirty of this act.

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 representation, or to act as agent for the sale or col-
lection of orders for ardent spirits by sample or description. A sample
liquor merchant’s license shall be a personal privilege, and shall not be
transferrable, nor shall any abatement of the sum required to be paid be
allowed. No person, firm or corporation licensed as a sample liquor mer-
chant shall be authorized to sell except to some club, person, firm or cor-
poration licensed under the provisions of this act.

§5. Any corporation, firm or association chartered and organized as
@ 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, shal]
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, limita-
tions 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 de-
siring to keep on hand at its clubhouse or club rooms ardent spirits, to be
sold, given or dispensed to the members and the bona fide guests of such
corporation or club, which shall obtain a license on the following con-
dition, and not otherwise, shall not be affected by the next preceding sec-
tion:

(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 clubhouse
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 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 or corporation
where the clubhouse or club rooms are located, and if no newspaper be
published therein, then in a newspaper having general circulation 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 per-
sonal 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 for-
feited 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 un-
less 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 clubhouse
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 pur-
chases 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 the said clubhouse or club rooms are located; that the
said corporation or club is composed of not less than thirty members (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 membership and
duly posted at some conspicuous place in the 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 man-
agement of the said corporation or club is exercised by regularly ap-
pointed 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 re-
cord, 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 the treasurer of such
county or corporation a sum equivalent to two dollars for each resident
member of such corporation or club: provided, however, that the sum to
be paid the State for such privilege by any such corporation or club shall
in no case exceed the sum required for retail liquor license under this act,
which payment shall exempt the said corporation or club from any other
license or tax, either by State, county or municipal authoritics.

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 sec-
tion 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 clubhouse 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.

If any such corporation or club shall keep on hand at its clubhouse
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 anv
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 Com-
monwealth governing the licensing and sale of intoxicating liquors, or
who shal] 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
clubhouse 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 misdemeanor 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 else-
where, shall be sold in this State by any person who has not obtained a
license under this act.

§8. No license for the 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: (clerical omis-
sion in enrolling.) ].

(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 situated at a health resort having a nat-
ural mineral spring connected therewith, or situated by the sea or any
large body of salt water connected therewith: provided, that at a health
resort having a natural mineral spring connected therewith, even though
the magisterial district in which such resort is located may have voted
against licensing the sale therein of ardent spirits, if two-thirds of the
qualified voters of the precinct nearest to such resort petition the circuit
court of the county in which such district is located, the judge of such
court may, in jhis discretion, and upon the execution of proper bond, issue
a license to the prop.ietor of such health resort for the sale of ardent
guests of such resort only. The license tax for this privilege shall be
spirits for a period of three months in any calendar year to bona fide
one hundred dollars, and when application is made for such license the
applicant shall produce before the judge of the circuit court of said
county the receipt of the commissioner of revenue of said county for the
said one hundred dollars.

(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 con-
ducted 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: and provided, that no license shall be granted
in such contiguous territory adjacent to any city wherein the sale of
liquor is prohibited by law: and provided, that no sale shall be made by
any social club by virtue of the license obtained under subsection (hb) of
this section, except to bona fide members or guests of the club to whom
jicense is granted. :

No license shall be granted in any of the above cases unless the court
8 satisfied that proper and satisfactory police protection is afforded. No
license to retail ardent spirits shall be granted to any person except such
person is a qualified voter and a property or realty taxpayer 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 qualifications, but these quali-
fications as to the license 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 and property or realty taxpayers in the city
or county where such business is located, nor to the officers and agents of
social clubs which comply with the requirements of section six of this
act. Nothing in this section shall be construed to prohibit the granting
of license to manufacturers of ardent spirits who mash an average of
twenty bushels or more per day.

§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, subject to the provisions of
this act, the clerk of the court granting 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 therefor 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 busi-
ness for which the license is desired, the place where it is proposd 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 en-
dorsed by the commissioner of the revenue, “referred to the circuit court
of ————— county,” as the case may he, the applicant shall present the

application so endorsed to the corporation or circuit court whose certifi-
cate is required, and said court sha]l thereupon hear such evidence as may
be introduced for or against the application, and hear and determine the
question of granting the same.

810. It shall be lawful for any person who may consider that he
would be aggrieved by granting anv 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 conduct-
ing such a business, the court may, upon the execution by the applicant
of bond in the penalty of five hundred dollars, with good security, con-
ditioned for the faithful compliance with all the requirements of this
act, grant such license; and thereupon the commissioner of the revenue
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 ap-
plicant 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 inten-
tion of making such application by posting a written notice of such in-
tention at the front door of the courthouse 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 pre-
ceding 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 one thousand two 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 five hundred dollars. The specific license
tax for selling under a malt liquor bar license shall be two hundred and
fifty dollars.

The specific sum to be paid for the privilege of selling by retai) ardent
spirits shall be five hundred and fifty dollars: 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 de-
sired.

The amount to be paid for the privilege of selling under a retail and
shipper’s license shall be one thousand dollars.

§12. The amount to be paid for the privilege of doing business as a
eample 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 corporation 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 attorney 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 hun-
dred and fifty dollars) to pay an additional amount for selling, or offering
to sell, by sample, either by himself 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 corpo-
ration; and any person, firm or corporation 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: pro-
vided, that any person licensed as a manufacturer 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 made 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 or shall obtain a separate license
for each, and comply with all the provisions of this act in relation to
each. Should any wholesale dealer desire to ship less than five gallons
he must obtain a retail and shipper’s license in addition to his whole-
sale license.

§14. Nothing in this act shal] be construed as applying to the manu-
facture or sale of cider which is pure juice of the apple without any ad-
dition of alcohol, distilled spirits, wine or other intoxicating liquor, or
any mixture whatever, except preservatives not prohibited by the 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 growing or buying
the fruit from which the cider is made: provided, further, that no cider
containing more than six per centum of alcohol at the time of 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 ardent spirits may be legally
sold, not to a licensed distiller for the purpose of distillation: provided,
further, that this act, except this section, shall not apply to the sale of
pure wine manufactured by the person growing or buying the fruit
from which the wine is made: 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.

815. 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 shal] mash and distill less than ten bushels
per day, sixty dollars; ten bushels and less than twenty per day, one hun-
dred and fifty dollars; twenty bushels and less than thirty per day, three
hundred dollars; thirty bushels and less than forty-five per day, four
hundred dollars; forty-five bushels and less than seventy-five per day,
five hundred dollars; seventy-five bushels and less than one hundred
per day, seven hundred dollars; one hundred bushels and less than one
hundred and fifty per day, nine hundred dollars; one hundred and fifty
bushels and less than two hundred per day, one thousand dollars; two
hundred bushels and less than two hundred and fifty per day, twelve
hundred dollars; two hundred and fifty bushels and less than three hun-
dred per day, fourteen hundred dollars; and on each one hundred bush-
els per day in excess of three hundred at the rate of six hundred dollars
for each one hundred bushels so mashed per day. The above specific
sums shall be paid before commencing operations, and on the payment
of such specific sum the manufacturer shall have the privilege of selling
the liquors dctually manufactured by him in quantities of not less than
one gallon at the house where the same is manufactured: provided, fur-
ther, 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 terri-
tory in which said manufactory of ardent spirits is located, except that
euch manufacturer shall be permitted to deliver his product to any
common carrier to be transported to any place where it may be legally
sold.

The manufacturer of alcoholic liquors by direct fermentation and
distillation from pomace or from cider or fruits where the distillery is
run less than three months, shall pay a specific sum of twenty-five dol-
lars, 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 thirty dol-
lars, and if run six months or more there shall be paid for the privilege
seventy-five dollars, and such license shall be granted during any por-
tion of the license year, notwithstanding the provisions of section five
hundred and fifty-five of the Code of Virginia.

It shall be the duty of every licensed distiller who manufactures
whiskey from grain, or who manufactures brandy from fruit, to furnish
the commissioner of the revenue a copy of the returns made by him to
the internal 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 dis-
tiller 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
five hundred dollars, and upon payment of such specific sum the manu-
facturer 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 any local option
or 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
298 ACTS OF ASSEMBLY.

product of his brewing to be delivered to a common carrier to trans-
ferred to any place beyond the limits of such local option or no license
territory in which such manufactory is situated.

Every non-resident manufacturer of malt liquors maintaining in this
State distributing or storage warehouses for the sale of malt liquors by
wholesale shall pay for such privilege the sum of five hundred dollars,
and upon the payment of such specific sum to the auditor of public ac-
counts the said non-resident manufacturer shall have the same privi-
leges in the sale of the products of his brewing as is hereinbefore given
to domestic manufacturers of malt liquors.

Any person, firm or corporation manufacturing pure cider who does
not come within the provisions of section fourteen shall pay an annual
tax of one hundred dollars per year. Any person, firm or corporation
offering for sale at retail any cider which is not the pure juice of the
apple, shall pay a license tax of one hundred dollars per annum.

§16. Except in towns of more than five hundred inhabitants, based
upon the last United States census, and in cities, no license to manufac-
ture 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 ex-
ercised, are in favor of the application, and that the manufacture or
distillation 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 voters, or qualified voters, wherever used in this act shall
be construed to mean any 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 ot
ardent spirits who mash an average of twenty bushels or more per day,
nor to manufacturers of alcoholic liquors by direct fermentation who may
distill as much as two hundred and fifty gallons of pomace or cider per
day and are licensed for the period of one year, but no such distillers or
manufacturers 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 corporation which may vote, or
has voted, against liquor license therein, as provided by law, to sell such
wines in any licensed territory, in quantities of not less than five gallons
or one dozen bottles, and to distill the refuse, offal or byproducts of the
grapes used in the manufacture of such wines, or such 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 common carrier, to be transported out of
such county, district or corporation, and it shall be lawful for manufac-
turers 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 seven 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 desire to sell, by wholesale or retail,
spirits so rectified by him, shall pay for such privilege the same amount
required 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 or a retail and shipping dealer or malt liquor saloonkeeper,
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 con-
viction, be fined not exceeding one hundred dollars. The amount re-
quired by this act to be paid for the licenses herein specified shall not be
in lieu of any taxes on personal property actually employed in any of the
branches of business specified in this act.

§19. The following described acts shall be unlawful:

(a) No person, club, firm, corporation or association shall sell or
dispense ardent spirits 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, epi-
leptic, habitual drunkard or intoxicated person.

(b) No person, firm, corporation or association shall purchase for or
furnish to any minor, student at any public school, college or univer-
sity, lunatic, idiot, epileptic, habitual drunkard or intoxicated person
any ardent spirits.

(c) No person, firm, association or corporation shall sell ardent
spirits in any local option or no license territory, except as provided by
this act. Wherever used in this act, the words “local option territory”
shall be held to mean the territory which, by vote under the local option
law, has declared against the issuance of license for the sale of ardent
spirits, and the words “no license territory” shall be held to mean the
territory which, under the prohibitions of this or any other act, no
license can be granted for the sale of ardent spirits.

(d) No ardent spirits shall be sold between the hours of six post
meridian the day before any clection and the hour of six ante meridian
on the day succeeding such election day, nor shall any saloon be kept
ypen between the hours of twelve post meridian and five ante meridian.

(e) No female or minor shall he employed in any capacity in any
saloon, nor shall any ardent spirits be delivered to any minor or female
nm any saloon, either to be drunk in such saloon or to be delivered to
iny other person, and no ardent spirits shall be sold or served to any
emale in any barroom or saloon.
Any violation of any of the provisions of this section shall, upon con-
viction, serve to revoke the license of any person, firm or corporation s0
convicted, said revocation to take effect upon final judgment, and no
license shall be granted to such person, or any one in anywise connected
with such person, in said liquor business for two years from the date of
such final judgment, and any minor or student buying ardent spirits
from a person, firm or corporation or club shall be fined twenty dollars.

§20. It shall be unlawful for any corporation, association, partner-
ship 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 what-
ever, except preservatives not prohibited by the United States laws, or
for any mixtures which produce intoxication, under a guarantee that
such liquors 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 of 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.

§2014. Any person who shall drink intoxicating liquor, 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 sections shall not apply to
buffet, dining or Pullman cars.

§21. When it is a matter of common report and on complaint on
oath, in writing, of two or more reputable citizens that there is a reason-
able cause to believe that the provisions of this act as to the illicit sale
of ardent spirits are being violated, the places to be named in such oaths,
the justice to whom such complaint is made, if satisfied that there is a
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 posesssion such spirits were found was, or
had been, engaged in the illicit sale of ardent spirits. Should such per-
son be found guilty of the illegal sale of ardent spirits, then all ardent
spirits found in his possesion shall be destroyed.

§22. It shall be unlawful for any owner, operator, agent, clerk, oc-
cupant or other person, of any depot, storehouse, warehouse, storeroom,
office, steamboat, wharfboat, 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 ardent
spirits are not licensed, to deliver any such liquors collect on delivery to
any person, nor shall such ardent spirits be delivered to any person other
than the person to whom the same is billed or shipped, and to whom if 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
dispensary 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 dispensary 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.

§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 certificates of the chemist at agricultural department of the
State, when signed and sworn to by him, shall be evidence in all prose-
cutions under the revenue Jaws of this State and in all controversies
touching the mixture analyzed 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 shal] be
subject 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 may 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. The burden shall be on
the defendant to show that such liquid or mixture was not intoxicating
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 or 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
proceedings 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-
cretion of the court; but any such defendant shall have the right to de-
mand a trial by a jury.

§27. Any person violating any of the provisions of or failing to com-
ply with any of the requirements of this act shall be deemed guilty of a
misdemeanor, unless otherwise provided herein, and shall be fined not
less than fifty 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 six nor
more than twelve months: provided, that if the physical condition of
such convict will permit, instead of the jail sentence he shall be sentenced
to work on the roads, and shall forfeit his bond previously given and be
required to give bond with approved security in the penalty of one thou-
sand 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 to be shipped or delivered direct to consumers in
their homes, and nothing in this act shall be construed to change the
provisions of the charter of any town or city in the State touching the
granting of licenses, or with any gpecial act concerning the sale or manu-
facture of liquor 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.

§29. The circuit and corporation courts, in addition to the jurisdic-
tion 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. In every shipment of ardent spirits into local option or no
license territory the consignor shall mark plainly on the outside cover of
every package containing ardent spirits, so that it may be easily seen
and read, the kind and quantity of ardent spirits therein contained and
the names of the bona fide consignee of said package.

§31. Every common carrier transporting packages of ardent spirits
shall keep a record both at the place of shipment and at the place of de
livery of each package of ardent spirits transported by them, which said
record shall contain the kind and amount of ardent spirits contained in
such package and the names of the consignor and the consignee, and
such record shall be at all times subject to public inspection.

§32. No ardent spirits shall be stored in any no license or local option
territory, except for the personal use of the person occupying the build-
ing, either as owner or renter, and no liquor signs shall be displayed on
any buildings in which license to sell liquor is not in force: provided,
that this section shall not apply to United States bonded warehouses.

§33. No person, firm or corporation shall, in any dry or no license
territory, solicit orders for ardent spirits or act as agent for the sale and
transmission of such orders.

§34. The possession of a United States internal revenue tax receipt
for the sale of ardent spirits in this State shall be prima facie evidence
of the sale of such spirits, and a United States internal revenue tax re-
ceipt for the sale of malt liquors shall be prima facie evidence of the
sale of such malt liquors.

And whenever the holder of such a receipt shall not be licensed to sell
wine, ardent spirits, malt liquors or any mixture of any of them, under
and in accordance with the laws of Virginia, and shall be prosecuted
or otherwise proceeded against for the illegal sale of such wine, ardent
spirits, malt liquors, or any mixture of any of them, the burden of show-
ing that he has not violated the law shall be upon him, and in the ab-
sence of satisfactory proof that he has not violated the law, he shall be
convicted of selling wine, ardent spirits, malt liquors, or any mixture of
them, as the case may be, and fined as provided by law for the sale of
such liquors without license.

The lists of persons holding United States internal revenue tax re-
ceipts when certified to by the internal revenue officer having charge of
the same shall be deemed legal evidence in the courts of this Common-
wealth.
walth.

§35. 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 Feb-
ruary nineteenth, nineteen hundred and four, and section twenty-three
and one-half of the act herein amended and re-enacted and all acts and
parts of acts inconsistent with this act are hereby repealed.

836. 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 is hereby declared an emergency act, and shall be
in effect from its passage: provided, however, that nothing herein con-
tained shall effect the validity or duration of licenses heretofore granted: