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
Law Body
Chap. 92.—An ACT permitting the establishment of industrial alcohol plants
for the manufacture of alcohol for non-beverage purposes upon the petition
of the city council in cities of over one hundred thousand; authorizing the
attorney general to issue permits therefor, requiring the giving of bond;
fixing the conditions and. regulations under which such alcohol may be
manufactured and sold, and defining the offenses and penalties for violation
of the act. (S B 122]
. Approved March 4, 1926.
1. Beit enacted by the general assembly of Virginia, That upon
the filing with the attorney general, by any city in the State, having,
as shown by the latest census of the United States, a population of
not less than one hundred thousand of a duly certified copy of a reso-
lution of its city council approving the granting of a permit to any
corporation, or person, to manufacture alcohol for industrial and non-
beverage purposes in said city and to sell and transport the same to
points within or without the State, where the same may be lawfully
sold in compliance with this act and laws and regulations now in
effect, or which may hereafter be put into effect, by the State of Vir-
ginia and the United States, the attorney general may in his discre-
tion grant such a permit upon the filing of an application and the
giving of a bond as herein provided. The term permittee as used in
this act shall be construed to mean the person or corporation to whom
such a permit is issued.
2. The application filed with the attorney general for such per-
mit shall be verified by affidavit and shall set forth the name and ad-
dress of all parties having an interest in the proposed alcohol pro-
ducing plant, or if a corporation, shall set forth the name and address
of its principal officers and directors and the name and address of the
individuals owning fifty-one per centum of the stock. Upon any
change in the officers, directors or controlling interest of any permittee
under this act, it shall be the duty of such permittee to promptly
notify the attorney general of such change. Accompanying said ap-
plication shall be an accurate plan and description of the premises.
and distilling apparatus, distinctly showing the location of every
still, boiler, doubler, wine-tub, and receiving cistern, installed or to
be installed, the course and construction of all pipes used or to be used
in the distillery, and of every branch and every cock or joint thereof,
and of every valve thérein, together with every place, vessel, tub,
or utensil from and to which any such pipe leads, or with which it
communicates; also the number and location and cubic content of
every such still, mash tub, and fermenting tub, the cubic contents of
every receiving cistern and the color of each fixed pipe. There. shall
also be furnished a detail description of the process employed or to
be employed at the plant, which will show the flow of material from
the time received on the premises through the various apparatus, into
the locked receiving tanks; also a plat showing the line of the premises
and location of buildings thereon, and of all buildings which it is then
proposed to erect thereon, provided, however, that whenever the docu-
ments filed with the officers of the United States under the internal
revenue laws and regulations pursuant thereto, shall contain the fore-
going information, the filing of a certified copy of such document or
documents with the attorney general shall be deemed a sufficient com-
pliance with this section. In the event of any change in the plans
as submitted, shall be made during the course of construction, plans
showing the same shall be submitted to and approved by the attorney
general before the plant shall commence to operate.
3. Asa condition precedent to the granting of such permit such
person or corporation shall file with the attorney general a bond pay-
able to the Commonwealth of Virginia, in the penal and liquidated
sum of ten thousand dollars, with security to be approved by him,
conditioned that such person or corporation will not sell, barter, give
away, deliver or remove any alcohol or ardent spirits, or permit to be
sold, bartered, given away, delivered or removed any alcohol or ar-
dent spirits in violation of the laws and regulations of the State or
of the United States and will faithfully observe, keep, perform and
be bound by, any and all provisions, restraints and conditions of the
laws and regulations of the State and of the United States, now in
force, or which may hereafter be put into effect concerning, affecting
or regulating the manufacture, sale, transportation or delivery of
alcohol and ardent spirits.
4. It shall be the duty of the attorney general to supervise the
enforcement of this act. The attorney general shall prescribe the
form and fix the conditions of all permits issued under the act and shall
have authority to make regulations, require the keeping of records
and the filing of reports, to give effect to the provisions of the act,
and shall have the right, after notice and hearing, to suspend or re-
voke such permit for the violation of any law or regulation by the
permittee, or by his, or its officers, agents, employees or servants, in
connection with the privilege granted by such permit, and upon the
breach of any of the conditions of the bond required by this act, the
attorney general shall collect the penalty of the bond; provided, how-
ever, no permit issued under this act shall grant any privilege incon-
sistent with the laws of the United States or the State of Virginia.
From any action of the attorney general under this section, the Com-
monwealth or the permittee, if aggrieved, shall have the right to
appeal to the supreme court of appeals, provided such appeal shall be
perfected by filing with said court a petition setting forth the grounds
of appeal within sixty days after such action shall have been taken,
provided, however, that said plant shall remain closed under proper
supervision until the action of the attorney general is superseded by
the supreme court of appeals.
The attorney general shall preserve a record of all evidence intro-
duced before him at the hearing, and upon such appeal shall forth-
with certify the same, together with a certificate showing the action
taken by him, to said court. The supreme court of appeals may in
its discretion award a supersedeas to the action of the attorney gen-
erg], and may require of the permittee such bond as it shall deem
proper. The appeal shall be heard and determined in the same man-
ner as equity appeals are heard and determined, and shall be disposed
of promptly by the court at such time as it may prescribe, pres POGUE
of its place of session.
5. The attorney general, or any officer or officers of the law de-
signated by him, shall have the right, at any hour, to enter and inspect
the premises of any alcohol manufacturing plant and may examine the
books and records of such permittee, to see that the laws relating to
alcohol and ardent spirits are being observed; and may take from the
products found on the premises such samples as may be required for
the purpose of chemical analysis.
6. It shall be unlawful for any permittee, or for any officer, agent,
employee, or servant of such permittee, or for any person, to sell, de-
liver, transport or remove from the premises of any alcohol manufac-
turing plant, any alcohol or ardent spirits except in compliance with
a permit authorizing such sale, delivery, transportation or removal,
issued as required by section seventy-four of chapter four hundred
and seven, of acts of assembly of 1924, except, however, that as to
shipments to points outside of the State of Virginia, no affidavit shall
be required of the person to whom such alcohol is shipped; and, pro-
vided, further, that no permit shall be required for the sale, delivery,
transportation, or removal from such alcohol manufacturing plant
of alcohol denatured in accordance with formulas that may be pro-
vided by regulations so as to render such alcohol unfit for beverage
use. The container in which such denatured alcohol is transported
shall be labeled ‘‘denatured alcohol.”
7. It shall be unlawful for any permittee, or for any officer, agent,
employee, or servant of such permittee, to violate the terms of any
permit or regulation issued under the act, or to make any false state-
ment in any application, record, or report required by the act, or to
forge any permit required by this act, or to hinder or obstruct any
officer charged with the duty of enforcing the provisions of this act,
or to remove or permit the removal of any mash, or alcohol, from the
premises of any alcohol manufacturing plant, except as provided in
the act and in accordance with the regulations authorized therein.
8. Any person who shall violate any of the provisions of this act
shall be deemed guilty of a felony and upon conviction shall be pun-
ished by confinement in the penitentiary not less than one or more
than three years or in the discretion of the jury, by confinement in
jail not less than six months or more than twelve months and any
corporation which shall violate any of the provisions of this act shall
upon conviction, be fined not exceeding fifty thousand dollars.
9. An emergency exists, and this act shall be enforced from its
passage.