CHAP. 180.—An ACT to submit to the qualified voters of the town o!
Warrenton, in the county of Fauquier, at a special election to be helc
therefor, when the town council so directs, the question of the estab.
lishment of a dispensary for the sale of intoxicating liquors in the
town of Warrenton, 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 hquors by all persons, firms or corpora-
tions, except as provided herein.

Approved March 12, 1912.

1. Be it enacted by the general assembly of Virginia, That
upon an ordinance being passed by the mayor and town council
of the town of Warrenton, in the county of Fauquier, directing
that it shall be held, which ordinance shall not be passed except
upon a petition to said council signed by a majority of the quali-
fied voters of said town, nor in any event after twelve months
after this act goes into effect, there shall be held within the town
of Warrenton, in the county of Fauquier, a special election, at
which shall be submitted to the qualified voters of the said town
the question of the establishment of a dispensary in the said town
of Warrenton, as hereinafter 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 pro-
visions of the charter of said town so far as the same are appli-
cable, and except as modified by this act. The official ballots pre-
pared and used at said election shall contain the words “for dis-
pensary” and the words “against dispensary,” and the voter de-
siring to vote for the establishment of said dispensary as pro-
vided for by this act shall scratch out the words “against dispen-
sary,” leaving the words “for dispensary” unscratched; and the
voter desiring to vote against the establishment of said dispen-
sary as provided by this act shall scratch out the words “for dis-
pensary,” leaving 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 elec-
tion 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 Warrenton, or within one mile of corporate limits, on or
after the ninety-first dav next succeeding such election, except as
hereinafter provided, and any one violating the section shall be
guilty of a misdemeanor, and upon conviction thereof shall be
fined not less than one hundred nor more than one thousand dol-
lars, or imprisoned not less than one month nor more than twelve
months in the jail of said county, or such person may be pun-
ished by both fine and imprisonment as aforesaid, in the discre-
tion 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 ma-
jority of those voting thereat shall vote against the establishment
of said dispensary 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 Warrenton shall, at some time
prior to the expiration of the ninety days aforesaid, select a com-
mittee composed of the members of said council, or a commission
or board composed of citizens of said town of Warrenton, or some
officer or officers, as said council may deem best, whose duty it
shall be to carry out all the provisions of this act. And said com-
mittee, commission, board, officer, or officers, shall hold office
during the term of the council by whom they were appointed,
or until their successor or successors are appointed and qualify.
All vacancies occurring in said committee, commission, board, or
office, shall be filled by the council for the unexpired term. The
members of said committee, commission, or board, or said officer,
or officers, 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 committee,
commission, or board, or any officer, or officers, when in the judg-
ment of said council he has violated his oath or been guilty of
any misfeasance in office. The members of said committee, com-
mission, or board, or such officer or officers, shall receive for
their services a salary to be fixed by said council. It shall be the
duty of the finance committee of the council of said town to audit
all the bills contracted by the said committee, or other agency
selected, as provided herein, by said town council to carry into
effect the provisions of this act.

3. It shall be the duty of said dispensary committee, com-
mission, or board, or officer, or officers 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 Warrenton, where such liquors shall be kept for sale under
the direction of said dispensary committee, or commission or
board, or oflicer or officers, by the manager, who shall have charge
and control of all liquors bought by said dispensary for sale in
said town. The said manager shall be chosen by, and shall
have charge of said dispensary or place for sale of liquors, sub-
ject to the control of said dispensary committee, or commission
or board, or officer or officers, and he shall be subject to dis-
missal at their pleasure. He shall give bond in the sum to be
fixed by said dispensary committee, or commission or board, or
officer or officers, as the case mav be, for the faithful discharge
of the duties, and for the payment of. all moneys received by
him to the treasurer of the town of Warrenton: and he shall be
paid a salary to be fixed by said committee, or commission or
board, or officer or officers, as the case may be. 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 committee, or commis-
sion or board, or officer or officers, a stock of spirituous, vincus
and malt liquors in such quantities as thev shall direct, and all
bills incurred for the establisnment, maintenance of the dispen-
sary and the purchase of stock, from time to time, shall be paid
by the treasurer of the town of Warrenton, upon presentation
of so such bills approved in writing by the dispensary com-
mittee, or commission or board, or officer or officers, and said
manager. Said manager shall sell only for cash, and shall turn
over all money received by him to the treasurer of the town once
a week, and said treasurer shall keep a separate account of same.

5. Said dispensary committee, or commission or board, of
officer or officers shall make from time to time, rules and regula-
tions 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
ten o’clock P. M. each day, or as otherwise directed by said
council, and it shall be closed on Sundays, election days, and
such other days, and under the same circumstances as makes the
sale of liquor 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 committee, or
commission or board, or officer or officers, as the case may be.

7. 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
committee, or commission or board, or officer or officers, shall
appoint some reliable person to assist said manager whenever it
shall become necessary to break anv original package and bottle
and seal the same, the duty of which person it shall be to sce
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 unbroken or unsealed
packages of liquor in said dispensary, either for his own use
or for the use of any other person or persons. The amount of
liquor sold in 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 whatever kind within such distance from the entrance to the
dispensary as the said committee, or commission or board, or
officer or officers may prescribe. Said manager shall make a
monthly report to the dispensary committee, or commission or
board, or officer or officers, showing the amount of purchases
and sales for the preceding month, and the stock on hand the
last day of the month.

8. Said dispensary committee, or commission or board, or
officer or officers 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 liquor shall be sold
in said dispensary that are not known on the market as pure
and unadulterated, and the committee, or commission or board,
or officer or officers 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 unwholesome, 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 committee,
or commission or board, or officer or officers are required to
make such rules and to require to make such investigation as
will as far as possible prevent persons from so purchasing; and
if the said committee, or commission or board, or officer or
officers become satisfied that any person or persons have pur-
chased, 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 prevent a re-sale, and in case that such
committee, or commission or board, or officer or officers become
satisfied that any person or persons are directly or indirectly
purchasing for the purpose of re-selling, then the dispensary
committee, or commission or board, or officer or officers are
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 committee, or commission or board, or officer or of-
ficers shall have power to employ attorneys, agents, detectives,
to assist in the detection and prosecution of any violation of
this act, to employ whatever clerks, labor, or employes are neces-
sary to properly conduct said dispensary, and to borrow money
necessary to conduct said dispensary, all subject, however, to
the control of the town council as to the amount borrowed, and
the number of said clerks, employees, attorneys, detectives, and
so forth employed, and the compensation paid them, 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 manager shall be punished, upon conviction.
n the mayor’s court of said town, as may be prescribed by the
yrdinances of said town.

11. The council of said town of Warrenton shall, from time
oO time, pass such ordinances as may be necessary to carry out
the provisions 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 dis-
pensary as provided for in this act, which amount shall be re-
paid the town treasury from the profits arising from said dis-
pensary as they shall accrue, and no profits shall be paid out
in any other direction until said amount is so repaid, and there-
after 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 committee, or commission or board, or
officer or officers, shall keep and publish an annual report show-
ing 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
and other employees, dispensary committee, or commission or
board, or officer or officers, and all other moneys expended on
account of said dispensary, and money received on account
thereof.

14. The treasurer of said town shall be liable on his official
bond for all money received by him hereunder, and shall re-
ceive for his services in connection with said dispensary such
additional compensation as the council of said town may direct.
He shall deposit all moneys paid to him under this act in such
depository as the said council of the town of Warrenton may
direct. He shall disburse such funds as directed by said dis-
pensary committee, or commission or board, or officer or officers
under the terms of this act, and all profits accruing from said
dispensary shall belong to the said town of Warrenton for its
general purposes.

15. 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
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 dollars, or by confinement in
jail of not less than one month nor more than twelve months,
or both.

16. In establishing said dispensary, said dispensary authori-
ties may purchase from the present liquor dealers in the town of
Warrenton such of their stock on hand on the ninety-first day,
next succeeding such election as may be desirable to keep in said
dispensary; provided, that they shall not pay more than whole-
sale cost for same; and provided, they shall be satisfied the
same are pure.

17. Notice of said special election shall be given by publica-
tion 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.

18. All laws or parts of laws in conflict with this act are
hereby repealed so far as they relate to the town of Warrenton,
in Fauquier county, Virginia.