Chap. 235.—An ACT to amend Chapter 94 of the Acts of the General Assembly
of 1934, approved March 7, 1934, and known, designated and cited as the
Alcoholic Beverage Control Act by the addition of two new sections to be
known as Section 40-a and Section 41%. Section 40-a to provide among
other things for the manner in which alcoholic beverages may be sold by
administrators, executors, trustees, receivers, sheriffs, constables and other
officers acting under authority of courts having jurisdiction in this Common-
wealth. Section 41% to provide among other things for making it a misde-
meanor to keep or allow to be kept alcoholic beverages upon certain premises
without a license to sell such alcoholic beverages. [S B 227]

Approved March 23, 1936

1. Be it enacted by the General Assembly of Virginia, That chapter
ninety-four of the Acts of the General Assembly of nineteen hundred
and thirty-four, approved March seventh, nineteen hundred and thirty-
four and known, designated and cited as the Alcoholic Beverage Control
Act, be amended by adding thereto two new sections number forty-a
and forty-one and one-half, and said new sections shall read as follows:

Section 40-a. Sale of Alcoholic Beverages by Administrators,
Executors, Trustees, Receivers, Sheriffs, Constables and Other Officers
Acting Under Authority of Courts Having Jurisdiction in This Com-
monwealth, How Made and to Whom.—The provisions of section forty
of this act shall not apply to any administrator, executor, trustee, or
receiver duly appointed to handle the affairs of any person licensed
to sell alcoholic beverages under the provisions of this act provided
such person so appointed sells such alcoholic beverages in accordance
with the provisions of this section; and that, provided, further, that
the provisions of section forty of this act shall not apply to sales of
alcoholic beverages belonging to persons licensed to sell the same, made
by sheriffs, constables and other officers acting under authority of
courts having jurisdiction in this Commonwealth provided such sales
of alcoholic beverages are made in accordance with the provisions of
this section.

Sales of alcoholic beverages by any of the persons enumerated in
this section shall be made upon permits issued by the Virginia Alcoholic
Beverage Control Board and shall be made only to a person who is
licensed to sell such alcoholic beverage in this State, or to persons out-
side of Virginia for resale outside of Virginia, except that no deliveries
or shipments shall be made into any state the laws of which prohibit
the consignee from receiving or selling the same.

Section 4114. Possession of Alcoholic Beverages at Certain Places
Without a License to Sell Same, a Misdemeanor.—No alcoholic bever-
ages shall be kept or allowed to be kept upon any premises or upon the
person of any proprietor or person employed upon the premises operat-
ing under a restaurant license as provided in the Tax Code of Virginia
except such alcoholic beverages as such person owning and/or operating
such place of business is authorized by license under the Alcoholic
Beverage Control Act to sell at such place of business; provided, how-
ever, that the restrictions in this regulation shall not apply to any
residence as defined in subsection ‘‘u” of section two of the Alcoholic
Beverage Control Act.

Any person convicted of a violation of the provisions of this section
shall be guilty of a misdemeanor and punished as provided in section
sixty-two of the Alcoholic Beverage Control Act.

2. Anemergency existing, this act shall be in force from its passage.