Chap. 36.—An ACT to amend and re-enact section 8 of an act approved March
15, 1910 €atitled 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 drink-
ing 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. (S. B. 55)

Approved February 10, 1915.

Whereas in section eight of an act of the general assembly, approved
March fifteenth, nineteen hundred and ten, and reported in the acts of
assembly, nineteen hundred and ten, at page two hundred and eighty-
nine, as chapter one hundred and ninety, said act being amendatory of
an act approved March twelfth, nineteen hundred and eight, commonly
called the Byrd Liquor Law, the words “not shall such license, for such
sale, be granted except as follows,” were inadvertently omitted in enroll-
ing said act; and,

Whereas some questions have arisen as to the construction of said
amended section eight of said act; and,

Whereas it is desired to amend and re-enact said section eight of
said act by inserting said words, so inadvertently omitted in enrolling,
without repealing, conflicting with or in any way affecting an act of
the general assembly approved February eighteenth, nineteen hundred
64 ACTS OF ASSEMBLY. | [VA.

and fourteen, entitled an act to provide for the calling and holding of
an election upon the question-of prohibiting the manufacture for sale and
the sale of intoxicating liquors, to prescribe for qualifications of voters
in said election, to declare the effect of the result of such election, and
to provide penalties for the violation of the provisions of this act, said
act being commonly known as the enabling act, and being reported as
chapter fifteen of the acts of assembly, nineteen hundred and fourteen.

Now, therefore, be it enacted by the general assembly of Virginia,
That section eight of an act approved March fifteenth, nineteen hundred
and ten, entitled an act to amend and re-enact an act approved March
twelfth, nineteen hundred and eight, entitled an act to define and regu-
late the sale, distribution, rectifying, manufacture and distilling of in-
toxicating liquors and malt beverages, and to impose license taxes there-
on, 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 sections seventy-five
to one hundred and forty-seven, inclusive, of an act approved April six-
teenth, 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 February nineteenth, nineteen hundred and four, and to pre-
scribe penalties, be amended and re-enacted so as to read as follows:

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: )

(a) For sale in 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
natural 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 his discretion, and upon the execution of
proper bond, issue a license to the proprietor of such health resort for
the sale of ardent spirits for a period of three months in any calendar
year to bona fide guests of such resort only. The license tax for this
privilege shall be 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 the revenue of said
county for the said one hundred dollars.

(c) A community within a county continguous 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
conducted five hundred or more inhabitants, and wherein license for the
sule 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 incorpor-
ated towns shall be included within such radius.

(d) Incorporated cities; and provided that no license shal] 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 (b)
of this section, except to bona fide members or guests of the club to
whom license is granted.

No license shall be granted in any of the above cases unless the court
is 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
qualifications as to the license shall not apply to persons at present en-
gaged in the business of the sale of ardent spirits who now reside out-
side of the city, town or county in which they conduct such business,
but who are qualified voters in the State and property or realty tax-
payers 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.

Nothing in this act shall be construed as repealing, affecting or in
any manner conflicting with the provisions of an act approved February
eighteenth, nineteen hundred and fourteen, entitled an act to provide
for the calling and holding of an election upon the question of prohibit-
ing the manufacture for sale and the sale of intoxicating liquors, to
prescribe for qualifications of voters in said election, to declare the effect
of the result of such election and to provide penalties for the violation
of the provisions of this act, said act being commonly known as the
enabling act, and being reported as chapter fifteen of the acts of assembly,
nineteen hundred and fourteen.