Chap. 323.—An ACT to submit to the qualified voters of Banister district, in-
cluding the towns of South Boston and Houston, in Halifax county, Vir-
ginia, at a special election to be held therefor, the question of the estab-
lishment at South Boston and Houston, each, of a dispensary for the sale
of intoxicating liquors therein, and in the event that a majority of those
voting at said election vote for said dispensaries, then further to provide
for the establishment and conduct of same, and to prohibit thereafter
within said district and towns the sale, barter or exchange of intoxi-
cating liquors by all persons, firms or corporations, except as herein pro-
vided, and to provide for future elections on the question of abolishing
such dispensaries, and defining the effect of all elections held hereunder.

Approved March 17, 1910.

1. Be it enacted by the general assembly of Virginia, That whenever
such of the qualified voters of Banister magisterial district (including for
that purpose the towns of South Boston and Houston), in Halifax county,
Virginia, as shall be equal in number to one-fourth of the number of the
persons voting at the preceding regular November election in said dis-
trict, shall, in term or vacation, petition the judge of the circuit court
of Halifax county for a special election in said district on the question of
establishing in each of said towns a dispensary for the sale of intoxi-
cating liquors, such court or judge shall, within ten days after the re-
ceipt of said petition, issue a writ of election, in which shall be fixed the
day of holding such election, directed to the sheriff of Halifax county,
whose duty it shall be to forthwith post a notice of said election at the
voting place in the town of Houston and one at the voting place in the
town of South Boston: provided, that no election shall be held hereunder
prior to the thirty-first day of December, nineteen hundred and ten. Said
sheriff shall also give notice to the officers charged with the duty of con-
ducting other elections in said district ; but no election shall be held here-
under within less than thirty days from the posting of such notices as
aforesaid, nor within thirty days before or after any other election in
said district or towns. At such election there shall be submitted to the
qualified voters of said district the question of the establishment of a dis-
pensary in each of the towns of South Boston and Houston, as herein-
after provided, which said election shall be held and the returns thereof
made, canvassed and ascertained as provided by the general election laws
of the State, 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 dispensaries, as provided 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 dispensaries, as provided by this act, shall scratch out the words “For
dispensary,” leaving the words “Against dispensary” unscratched. The
certificate of the judges and clerks of said election shall show the num-
ber of votes cast “For dispensary” and the number of votes cast “Against
dispensary,” and the judges of election shall forthwith certify the results
of said election to the judge of the circuit court of the county of Halifax,
in term time or vacation, who shall order the same to be entered of record
upon the law book of said court. And if at said clection a majority of
voters voting thereat shall vote for the establishment of said dispensaries,
as provided hy this act, then that such dispensaries shall be and are hereby
established, to go into operation not earlier than ninety days after such
election, and thereafter it shall be unlawful for any person, firm or cor-
poration, in any capacity whatsoever, to sell, barter, or exchange any
spirituous, vinous, malt or intoxicating liquors of any kind in said dis-
trict and towns of South Boston and Houston, Virginia, except as here-
inafter provided, and anyone violating this section shall be guilty of a
misdemeanor, and upon conviction thereof shall be fined not less than
one hundred dollars nor more than one thousand dollars, or imprisoned
not less than one month nor more than twelve months in the jail of said
county of Halifax, or such person may be punished by both fine and im-
prisonment as aforesaid, in the discretion of the jury; and the subsequent
sections of this act shall be of full force and effect.

2. For the management of said liquor dispensaries there shall be ap-
pointed by the council of each of said towns a dispensarv board for such
towns, to be composed of three citizens of such town whose term of office
shall continue until the first day of September, nineteen hundred and
twelve, and afterwards until their successors shall be elected and have
qualified. The councils of said towns, respectively, shall, between the
thirtieth day of June, nineteen hundred and twelve, and the first day of
September, nineteen hundred and twelve, and during the same period of
every two years thereafter, elect three citizens of each of said towns, to
compose the dispensary boards of said towns, respectively, to go into
office the first day of September succeeding their election, snd to hold
office for the term of two years, and afterwards until their successors shall
be elected and have qualified. All vacancies in said dispensary boards
shall be filled by the councils of said towns, respectively, the same to be
filled for unexpired terms. The members of said dispensary boards shall,
before entering upon the duties of their offices, make oath that they
will well and truly carry out to the best of their ability all the provisions
of this act.

3. The said councils, respectively, by vote of a majority of the legally
elected members of such council, shall have the power to remove any
member of said dispensary boards, respectively, when, in the judgment
of said council, he has violated his oath, or has been guilty of any mis-
feasance in office. Each dispensary board shall elect one of its members
as chairman. It shall be the duty of such chairman to audit and approve
all the bills contracted by such dispensary board. The salaries to be paid
said chairman and the other two members of said dispensary board shall
be fixed by the said councils, respectively.

4. It shall be the duty of said dispensary boards, respectively, to pro-
vide a suitable place, within the corporate limits of their respective towns,
for the sale of spirituous, vinous, malt and other intoxicating liquors, at
which place such liquors shall be kept for sale, under the direction of said
dispensary board, by a manager, who shall be appointed by said board
and who shall have charge of said dispensary, subject to the control of
said dispensary board, respectively. Said manager shall be subject to dis-
missal at the pleasure of such dispensary boards respectively. They shall
give bond, payable to the said towns, respectively, in a sum fixed by the
respective dispensary boards, for faithful discharge of their duties, and
for the payment by them to the treasurer of the respective towns all sums
of money, which they may receive as managers of such dispensaries, and
they shall receive a salary to be fixed by said respective dispensary boards.

5. The respective managers of the said dispensaries shall at all times
keep, under the supervision of the said respective dispensary boards, a
stock of spirituous, vinous, and malt liquors in such quantities as the
respective dispensary boards shall direct; shall dispense the same for cash
only; shall keep a record of the quantity sold, price paid, name of pur-
chaser, and date of sale, and shall once a week turn over all moneys
received by them to the treasurer of said respective towns, who shall
keep a separate account of such funds. All bills incurred for the estab-
lishment and maintenance of said dispensaries, and the purchase of stock
from time to time, shall be paid by the treasurers of said respective
towns out of such separate fund, upon the presentation of said bills ap-
proved in writing by the chairman of said respective dispensary boards.
The prices at which liquors in said dispensaries shall be sold shall be
fixed by said respective dispensary boards.

6. Said dispensary boards, shall from time to time make rules and
regulations for the operation of said respective dispensaries, but in no
event shall any liquors be sold to minors, or to persons intoxicated ; nor
shall any liquors be sold to any person known to be a habitual drunkard,
except upon the prescription of a regular licensed physician. The dis-
pensaries shall not be open before sunrise, and shall be closed at sunset
each day. They shall be closed on Sundays, and all other days on which
the sale of liquor by licensed saloons is prohibited by the laws of the State
of Virginia. .

7. The respective managers of said dispensaries shall sell ty no person
any spirituous, vinous, or malt liquors, except in sealed packages, and
whenever any original package is broken it shall at once be bottled and
sealed, and the price labeled thereon. The respective boards shall employ
some reliable person to assist said managers when it shall become neces-
sary. The said managers shall at no time keep, or allow to be kept, any
broken or any unsealed packages of liquor in said dispensaries, or in the
buildings in which the same are located, either for his own use or any
other person or persons. The quantity of liquor sold in said dispensaries
to any one person at one time shall in no case be less than one-half pint or
more than four gallons, and it shall be unlawful for the manager or any
other person to open any such package, or bottle, or to drink any hiquor
of any kind in said dispensaries, or in the buildings in which same are
located, or within such distance thereof as the said dispensary boards may
prescribe. Said managers shall make a monthly report to their respective
dispensary boards, showing the amount of purchases and sales for the
preceding month, and the amount of the stock on hand on the last day
of said month.

8. Said respective dispensary boards may cause an inspection and
analysis to be made of the stock on hand from time to time by a compe-
tent chemist, and no spirituous, vinous, or malt liquors shall be sold in
said dispensaries that are not known on the market as pure and unadul-
terated, and said respective boards may cause to be analyzed any liquor
purchased by them, to ascertain if it is as represented. If any liquors
are condemned by the chemist making the analysis as impure and un-
wholesome, such liquors shall not be sold at said dispensaries, and the same
shall be returned to the persons from whom purchased, and such persons
shall have no right of action in any court of this Commonwealth on ac-
count of such rejected liquors. .

9. Nu liquors shall be sold in such dispensaries to persons purchasing
for the purpose of selling again, and said respective dispensary boards
shall make such rules and require the manager to make such investigations
as will, as far as practicable, prevent persons from so purchasing, and if
ACTS OF ASSEMBLY. 50I

the said board becomes satisfied that any person or persons have pur-
chased or are purchasing liquor from said dispensaries for the purpose
of selling again, they shall direct the manager as to the quantity that
may be sold to such person or persons, which shall be such quantity as
shall prevent a resale, and if in such case the board becomes satisfied that
any person or persons are directly or indirectly purchasing repeatedly for
the purpose of reselling, then the said board is authorized to direct the
manager not to sell to such persons, except upon the certificate of a
reputable physician that such liquor is needed for medical purposes.

10. The respective dispensary boards shall have power to employ at-
terneys, agents, or detectives to aid in the detection and prosecution of
any violation of this act, and shall have power to do all other things, not
contrary to law, in order to carry out the true intent of this act.

11. The council of said respective towns shall appropriate from the
treasury of such town a sufficient amount to establish such dispensary,
which amount shall be paid into the town treasury from the profits aris-
ing from such dispensary as they shall accrue, and no profit shall be paid
out in any other direction until said amount is so repaid, and thereafter
said dispensary shall be supported and maintained out of the profits
accruing therefrom; and if necessary, said council or said dispensary
board may borrow, on behalf of said town, a sufficient sum of money to
establish said dispensary, or they may pledge the credit of the said town
for the purpose of providing for said dispensary and purchasing supplies
for and commencing the operation of same.

12. The buildings in which such dispensaries are located shall be used
for no other purpose than for the conduct of the said dispensaries, and
it shall be the duty of eaid respective dispensary boards to see that no part
of such buildings is used for any vilier purpose whatever. The managers
of such dispensaries shall not permit any person or persons to loiter
in or about the said dispensaries; and any person who is violating this
provision, and refuses to leave at the request of the manager, shall be
punished, upon conviction, as may be prescribed by ordinance of the re-
spective town councils.

13. The treasurer of such town shall be liable on his official bond for
all moneys received by him hereunder, which bond shall be in a sufficient
penalty to cover his receipts hereunder, as well as the other receipts of his
office, and no money shall be received by him until such bond, in the
penalty as may be prescribed by said town council, shall be given with
approved security. The said town council shall cause said treasurer to
deposit all dispensary funds received by him in some bank to the credit of
the dispensary as a separate fund.

14. The net profits accruing from said respective dispensaries shall be
disposed of in the following manner: one-eighth to the State of Virginia;
one-eighth to be equally divided between the public school fund and the
road fund of said Banister district, exclusive of said towns; one-eighth to
the public school fund of the town in which such dispensary is located,
and the remainder, respectively, to the said respective towns for their
general purposes, respectively. Such distribution shall be made when
ordered by the dispensary board of such town, and at least once a year.

15. The said respective dispensary boards shall each make an annual
report to the respective town councils, showing in detail the amount of
money expended in the purchase of liquors, the amount of money real-
ized from the sale of liquors, the itemized expenses of said dispensary,
salary paid manager, dispensary board, and all other moneys expended on
account of such dispensary, and money received on account thereof, and
shall also cause said report to be printed for at least two consecutive
times In some newspaper published in the county of Halifax, Virginia.

16. In case of the establishment of dispensaries hereunder, and at the
end of four years from the time of holding the first election hereunder,
and at intervals of four years during the existence of such dispensaries,
on a petition signed by qualified voters of said district equal in number
to one-fourth of the number of persons voting in said district in the last
preceding general election held in said district, the judge of the circuit
court of Halifax county, in term or vacation, shall order an election in
said district on the question of abolishing such dispensaries, which elec-
tion shall be held, conducted, canvassed and returned, and the ballots
printed as provided in section one of this act; and if at such election a
majority of the voters voting thereat shall vote “Against dispensary,”
then said dispensaries shall be discontinued at the expiration of ninety
days from such election: provided, that no election shall be held in said
district or in said towns, or either of them, on the question of the sale
of liquor in said district or in said towns, or either of them, by dis-
pensary, license or otherwise, within four years after any election held
under this act.

17%. It is the purpose of this act, in the event dispensaries are estab-
lished hereunder, to empower the zouncil of each of said towns to ap-
point a dispensary board to operate a dispensary in such town as herein
provided, which said dispensaries, and the management thereof, and the
funds derived therefrom, shall be entirely separate and distinct. And for
the purposes of this act the term “district, or Banister district,” when
used herein, shall include said towns of Houston and South Boston.

18. All laws or parts of laws in conflict with this act are hereby re-
pealed so far as applicable to the said Banister district and the said
towns of Houston and South Boston, Halifax county, Virginia.