Chap. 255.—-An ACT to amend and re-enact sections 4, 5, 15, 18, 20, 21, 22,
25, 29, 35, 37, 38, 39, 42, 50, and 53 of 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, so as, among other things, to vest in
members of the Virginia Alcoholic Beverage Control Board and persons
designated by such board general police authority, to provide that judicial
notice shall be taken of regulations of such board, and to further amend
the said act by adding thereto the following new sections: Section 38-a, pro-
viding for the forfeiture and confiscation of certain automobiles, boats, air-
craft and other conveyances; Section 48-a, imposing penalties for failing or
refusing to obey certain subpoenas and for disturbing decorum of certain
meetings; Section 49-a, providing for regulations and permits relating to
transportation of the aforementioned alcoholic liquids, beverages and articles;
Section 6l-a, providing for introduction of chemical analyses as evidence;
and Section 61-b, allowing previous convictions hereunder to be alleged and
proved. [S B 65]

Approved March 25, 1936

1. Be it enacted by the General Assembly of Virginia, That sec-
tions four, five, fifteen, eighteen, twenty, twenty-one, twenty-two,
twenty-five, twenty-nine, thirty-five, thirty-seven, thirty-eight, thirty-
nine, forty-two, fifty, and fifty-three of 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 and re-enacted, and that the said act be further amended
by adding thereto five new sections, numbered thirty-eight-a, forty-
eight-a, forty-nine-a, sixty-one-a, and sixty-one-b, so that said
amended sections and said new sections shall read as follows:

Section 4. Functions, Duties and Powers of Board.—The func-
tions, duties and powers of the board shall be as follows:

(a) To buy, import and sell alcoholic beverages other than beer,
and to have alcoholic beverages in its possession for sale;

(b) To control the possession, sale, transportation and delivery of
alcoholic beverages by the board;
(c) To determine the localities within which government stores
shall be established and operated and the location of such stores;

(d) To make provision for the maintenance of warehouses for
alcoholic beverages and to control the delivery of alcoholic beverages
to and from such warehouses, and the keeping of the same therein;

(e) To lease, occupy and improve any land or building required
for the purposes of this act;

(f) With the consent of the Governor, to purchase or otherwise
acquire title to any land or building required for the purposes of this
act and to sell and convey the same by proper deed;

(g) To purchase, lease or acquire the use by any manner what-
soever of any plant or equipment which may be considered necessary
or useful in carrying into effect the purposes of this act, including
rectifying, blending and processing plants; the board is hereby em-
powered to purchase, build, lease, and operate distilleries and to manu-
facture alcoholic beverages if in its opinion the purposes of this act
can be thereby promoted;

(h) To determine the nature, form and capacity of all packages to
be used for containing alcoholic beverages to be kept or sold under
this act, and to prescribe the form and contents of all labels and seals
to be placed thereon ;

(i) To appoint every officer, agent and employee required for its
operations, dimiss them, fix their salaries or remuneration, assign
them their official positions and titles, define their respective duties
and powers, require them or any of them to give bonds payable to
the Commonwealth, in such penalty as shall be fixed by the board,
and engage the services of experts and of persons engaged in the
practice of a profession; all salaries or remuneration in excess of one
thousand dollars per annum shall first be approved by the Governor ;
members of the board are hereby vested, and such officers, agents and
employees of the board as shall be designated by the board shall upon
being so designated be vested, with like power and authority to enforce
the provisions of this act and the criminal laws of the State as are now
vested in sheriffs of counties and police of cities and towns;

(j) To hold and conduct hearings, to issue subpoenas requiring
the attendance of witnesses and the production of records, memoranda,
papers and other documents before the board or any officer or agent
thereof, and to administer oaths and to take testimony thereunder ;
in its discretion to authorize any member, officer or agent of the board
to hold and conduct hearings, issue subpoenas, and administer oaths
and take testimony thereunder ;

(k) To make a reasonable charge for preparing and furnishing
statistical information and compilations to persons other than (first)
officials, including court and police officials, of the State and of its sub-
divisions, if the information requested is for official use, and (second)
persons who have a personal or legal interest in obtaining the informa-
tion requested, if such information is not to be used for commercial
or trade purposes ;

(1) Until such time as the board may have issued licenses under the
provisions of this act for the sale of alcoholic beverages, and established
government stores conveniently located to supply licensees, the chairman
of the board may issue permits for the purchase and the transportation
of alcoholic beverages to such persons and for such purposes as before
the effective date of this act may have been issued by the Attorney
General, under the provisions of chapter four hundred and seven of
the Acts of the General Assembly of nineteen hundred and twenty-
four, and the chairman of the board may, but is not required to,
permit the sale by persons authorized to make sale of such alcoholic
beverages under the provisions of and as provided in the aforesaid act,
and of such alcoholic beverages as shall have been acquired prior to
the effective date of this act, including such alcoholic beverages as are
in transit ;

(m) Generally to do all such things as may be deemed necessary
or advisable by the board for the purpose of carrying into effect the
provisions of the act.

Section 5. Power to Make Regulations; How Published; Effect
Thereof.—(a) The board may from time to time make such reasonable
regulations, not inconsistent with this act, nor the general laws of the
State, as the board shall deem necessary to carry out the purposes and
provisions of this act and to prevent the illegal manufacture, bottling,
sale, distribution and transportation of alcoholic beverages, or any one
or more of such illegal acts, and from time to time alter, repeal, or
amend such regulations or any of them. Such regulations shall be
published at least once in some newspaper published in the city of
Richmond and in any other manner which the board may deem advis-
able, and upon being so published shall have the force and effect of law.
The board shall certify to the clerks of all circuit courts and city courts
of record having criminal jurisdiction copies of all regulations adopted
by the board; such clerks shall keep on file for public inspection all such
regulations certified to them by the board.

(b) Nothing in this act contained shall require such regulations to
be uniform in their application.

(c) Justices and courts shall take judicial notice of the regulations
of the board made, published and filed in accordance with the provisions
of this act.

Section 15. Accounts to be Made Quarterly and Submitted to
Governor; Audit of Accounts—(a) The accounts of the board shall
be made up to and including the thirty-first day of March, the thirtieth
day of June, the thirtieth day of September, and thirty-first day of
December in each year, and at such other times as may be determined
by the Governor, and in every case the board shall prepare a balance
sheet and statement of profit and loss and submit the same to the
Governor.

(b) The accounts of the board shall be audited quarterly as of
March thirty-first, June thirtieth, September thirtieth, and December
thirty-first of each year by the Auditor of Public Accounts, or by such
other person as the Governor may designate, and the report of such
auditor containing such particulars as the Governor may require shall
be made to the Governor within fifty days after the close of each such
quarterly period.

(c) The Governor may require that the accounts of the board be
audited by the Auditor of Public Accounts, or by such other person
as the Governor may designate, at such other time or times as he may
see fit.

Section 18. State Licenses Which Board May Grant and Issue—
The board may grant, subject to revocation, as provided in section
twenty-five (25) of this act, the following licenses under the provisions
of this act:

(a) Distillers’ licenses, which shall authorize the licensees to manu-
facture alcoholic beverages other than wine and beer, and to sell and
deliver or ship the same, in accordance with regulations of the board,
in barrels, bottles or other closed containers, to the board, and to persons
outside of Virginia for resale outside of Virginia, except that no de-
liveries or shipments shall be made into any state the laws of which
prohibit the consignee from receiving or selling the same.

(b) Winery licenses, which shall authorize the licensees to manu-
facture wines and to sell and deliver or ship the same, in accordance
with regulations of the board, in barrels, bottles or other closed con-
tainers, to the board, and to persons outside 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.

(c) Brewery licenses, which shall authorize the licensees to manu-
facture beer and to sell and deliver or ship the same, in accordance
with regulations of the board, in barrels, bottles or other closed con-
tainers, to persons licensed under the provisions of this act to sell the
same at wholesale or retail for the purpose of resale, and to persons
outside of Virginia for resale outside of Virginia, except that no de-
liveries or shipments shall be made into any state the laws of which
prohibit the consignee from receiving or selling the same.

(d) Bottlers’ licenses, which shall authorize the licensees to acquire
and receive deliveries and shipments of beer in barrels or other closed
containers and to bottle, sell and deliver or ship the same, in accordance
with regulations of the board, to persons licensed under the provisions
of this act to sell the same at wholesale or retail for the purpose of
resale, and to persons outside 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.

(e) Wholesale beer licenses, which shall authorize the licensees to
acquire and receive deliveries and shipments of beer and to sell and
deliver or ship the same, in accordance with regulations of the board,
in barrels, bottles, or other closed containers, to persons licensed under
the provisions of this act to sell the same at wholesale or retail for the
purpose of resale, and to persons outside 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.
(e-a) Wholesale druggist licenses to wholesale druggists, which
licenses shall authorize the licensees to buy alcohol from the board and
to sell and deliver or ship the same in accordance with regulations of
the board and under its supervision, to druggists for the purpose of
compounding and resale, and to persons duly authorized to operate
pharmacies outside of Virginia for the purpose of compounding and
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.

(e-b) Wholesale wine distributors licenses which shall authorize
the licensees to acquire and receive deliveries and shipments of wine
and to sell and deliver or ship the same in accordance with regulations
of the board in barrels, bottles or other closed containers to the board,
and to persons outside 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 selling or receiving the same.

(f£) Retail on-premises wine and beer licenses to:

First. Hotels, which licenses shall authorize the licensees to sell
wine and beer in dining-rooms and other designated rooms thereof,
either with or without meals, for consumption on the premises only in
such rooms or in private guest rooms thereof ;

Second. Restaurants, which licenses shall authorize the licensees
to sell wine and beer in the dining-rooms thereof, either with or with-
out meals, for consumption on the premises only in such dining-rooms ;

Third. Clubs, which licenses shall authorize the licensees to sell
wine and beer in the dining-rooms and other designated rooms thereof,
either with or without meals, for consumption on the premises only
in such rooms or in private guest rooms thereof ;

Fourth. Persons operating boats, dining cars, buffet cars and club
cars, which licenses shall authorize the licensees to sell on the boats,
dining cars, buffet cars and club cars so operated by them wine and beer
in the dining-rooms and other designated rooms of the boats and in
the dining cars, buffet cars and club cars of trains, either with or with-
out meals, for consumption on the premises only in such rooms, or in
such cars when carrying passengers ;

Fifth. Persons, who in the opinion of the board are suitable to be
so licensed, which licenses shall authorize the licensees to sell, for on-
premises consumption only, wine and beer in such places as the board
shall deem suitable for such purpose.

(g) Retail on-premises beer licenses to:

First. Hotels, which licenses shall authorize the licensees to sell
beer in the dining-rooms and other designated rooms thereof, either
with or without meals, for consumption on the premises only in such
rooms or in private guest rooms thereof ;

Second. Restaurants, which licenses shall authorize the licensees to
sell beer in dining-rooms thereof, either with or without meals, for
consumption on the premises only in such dining-rooms;

Third. Clubs, which licenses shall authorize the licensees to sell
beer in the dining-rooms and other designated rooms thereof, either
with or without meals, for consumption on the premises only in such
rooms or in private guest rooms thereof ;

Fourth. Persons operating boats, dining cars, buffet cars and club
cars, which licenses shall authorize the licensees to sell on the boats,
dining cars, buffet cars and club cars so operated by them beer in the
dining-rooms and other designated rooms of the boats and in the
dining cars, buffet and club cars of trains, either with or without meals,
for consumption on the premises only in such rooms, or in such cars
when carrying passengers;

Fifth. Persons, who in the opinion of the board are suitable to be
so licensed, which licenses shall authorize the licensees to sell, for on-
premises consumption only, beer in such places as the board shall deem
suitable for such purpose.

(h) Retail off-premises wine and beer licenses which shall authorize
the licensees to sell wine and beer at retail only in closed packages for
consumption off the premises of such licensees and to deliver or ship
the same to the purchasers thereof, in accordance with regulations of
the board.

(1) Retail winery off-premises licenses, which shall be issued only
to persons holding winery licenses, which licenses shall authorize the
licensees to sell wine at retail at the place of business designated in the
winery license, in closed packages for consumption off the premises of
such licensees and to deliver or ship the same to the purchasers thereof,
in accordance with regulations of the board.

(j) Retail off-premises beer licenses which shall authorize the
licensees to sell beer at retail only in closed packages for consumption
off the premises of such licensees and to deliver or ship the same to the
purchasers thereof, in accordance with regulations of the board.

(x) Retail on-and-off-premises wine and beer licenses to persons
enumerated in subsection (f) of this section, which licenses shall confer
all the rights and powers conferred by retail on-premises wine and beer
licenses and in addition thereto shall authorize the licensees to sell wine
and beer at retail in closed packages for consumption off the premises
of such licensees and to deliver or ship the same to the purchasers
thereof, in accordance with regulations of the board.

(1) Retail on-and-off-premises beer licenses to the persons enumer-
ated in sub-section (g) of this section, which licenses shall confer all
the rights and powers conferred by retail on-premises beer licenses
and in addition thereto shall authorize the licensees to sell beer at retail
in closed packages for consumption off the premises of such licensees
and to deliver or ship the same to the purchasers thereof in accordance
with regulations of the board.

(m) Druggists’ licenses to druggists, which licenses shall authorize
the licensees to sell alcoholic beverages upon prescriptions as provided
in section thirty-three of this act.

(n) Banquet licenses to persons in charge of banquets, which li-
censes shall authorize the licensees to sell wine and beer in designated
rooms for consumption on the premises; a separate license shall be
required for each banquet ; but no such license shall be required of any
hotel, restaurant or club holding a retail wine and beer license issued
under the provisions of this act.

(o) The terms ‘designated rooms” as used in this section shall
mean rooms approved by the board for particular licensees.

(p) The board shall at least weekly certify to the Tax Commis-
sioner a list of all persons licensed hereunder, during the period
covered by such certification.

Section 20. When board may refuse to grant licenses; effect there-
of.—(a) The board shall refuse to grant any license mentioned in this
act if it shall be of the opinion:

First. That the applicant is not a suitable person to be so licensed ;
or

Second. That the place to be occupied by the applicant is not a
suitable place; or

Third. That a sufficient number of licenses have already been
issued; or

Fourth. That the license should not be issued.

(b) The board shall not refuse to grant any such license, except
upon a hearing held after ten days notice to the applicant of the time
and place of such hearing, which notice shall contain a statement of
the objections to granting such license, and shall be served on the
applicant as other notices are served or by sending the same to the
applicant by registered mail to his last known post office address. The
applicant shall have the right to produce evidence in his behalf at the
hearing and be represented by counsel.

(c) The board shall refuse to grant any retail license, other than
a druggist license, to any person to sell wine and beer or beer in any
county or city, the qualified voters of which shall in accordance with
the provisions of section thirty of this act vote that the sale of such
alcoholic beverages be prohibited in such county or city.

(d) The board shall refuse to grant any wholesale beer license to
any person, unless, such person has established or will establish a place,
or places, of business within this State at which will be received and
from which will be distributed all alcoholic beverages sold by such
person in the State.

(e) The board shall not issue any license until the license tax
required by section twenty-two of this act is paid to the board.

(f) The action of the board in granting or in refusing to grant any
license under the provisions of this act shall not be subject to review
by any court nor shall any mandamus or injunction lie in any such case.

Section 21. No Retail Licenses to Manufacturers, Bottlers and
Wholesalers of Alcoholic Beverages.—No retail on-premises wine and
beer license, retail on-premises beer license, retail off-premises wine
and beer license, retail off-premises beer license, retail on-and-off-
premises wine and beer license, retail on-and-off-premises beer license,
druggist’s license and banquet license, shall be issued to any manu-
facture, bottler, or wholesaler of alcoholic beverages, whether licensed
in this State or not, nor to any officer or director of any such manu-
facturer, bottler or wholesaler, nor to any partnership, association or
corporation, any partner, member or stockholder of which is an officer
or director of any such manufacturer, bottler or wholesaler, nor in any
instances where such manufacturer, bottler or wholesaler and such
retailer are under common control, directly or indirectly, by stock
ownership or otherwise; providing this subsection shall not apply to
corporations operating dining cars, buffet cars, club cars or boats.

Section 22. Taxes on State Licenses—(a) The taxes on State
licenses issued pursuant to the provisions of this act shall be as follows:

First. For each distiller’s license, if to manufacture not in excess
of five thousand gallons of alcohol or spirits, or both, during the year
in which the license is issued, one hundred dollars; and if to manu-
facture more than five thousand gallons during such year, one thousand
dollars, per annum;

Second. For each winery license, if to manufacture not in excess
of five thousand gallons of wine during the year in which the license
is issued, one hundred dollars; and if to manufacture more than five
thousand gallons during such year, one thousand dollars per annum ;

Third. For each brewery license, one thousand dollars per annum ;

Fourth. For each bottler’s license, five hundred dollars per annum ;

Fifth. For each wholesale beer license, two hundred and fifty
dollars per annum;

Sixth. For each wholesale wine distributor’s license, fifty dollars,
and for each wholesale druggist license, ten dollars per annum;

Seventh. For each retail on-premises wine and beer license to a
hotel, restaurant, club, or other person (except a person operating a
boat, dining car, buffet car or club car), twenty dollars per annum;
for each such license to a person operating a boat, dining car, buffet
car or club car, twenty dollars per annum for each of the average
number of boats, dining cars, buffet cars, or club cars operated daily
in this State;

Eighth. For each retail on-premises beer license to a hotel, restau-
rant, club, or other person (except a person operating a boat, dining
car, buffet car or club car), ten dollars per annum; for each such license
to a person operating a boat, dining car, buffet car or club car, ten
dollars per annum for each of the average number of boats, dining cars,
buffet cars or club cars operated daily in this State;

Ninth. For each retail off-premises wine and beer license, twenty
dollars per annum;

Tenth. For each retail winery off-premises license, ten dollars per
annum ;

Eleventh. For each retail off-premises beer license, ten dollars per
annum ;

Twelfth. For each retail on-and-off-premises wine and beer license
to a hotel, restaurant, club, or other person (except a person operating
a boat, dining car, buffet car or club car), forty dollars per annum;
for each such license to a person operating a boat, dining car, buffet
car or club car, forty dollars per annum for each of the average number
of boats, dining cars, buffet cars, or club cars operated daily in this
State ;
Thirteenth. For each retail on-and-off-premises beer license to a
hotel, restaurant, club, or other person (except a person operating a
boat, dining car, buffet car or club car), twenty dollars per annum;
for each such license to a person operating a boat, dining car, buffet
car or club car, twenty dollars per annum for each of the average
number of boats, dining cars, buffet cars, or club cars operated daily
in this State;

Fourteenth. For each druggist license, ten dollars per annum;

Fifteenth. For each banquet license, five dollars.

(b) The tax on each such license shall be subject to proration to the
following extent: if the license is issued in the second quarter of any
year the tax shall be decreased by one-fourth; if issued in the third
quarter of any year the tax shall be decreased by one-half; and if in
the fourth quarter of any year the tax shall be decreased by three-
fourths ; if the license on which the tax is prorated be a distiller’s license
to manufacture not in excess of five thousand gallons of alcohol or
spirits, or both, during the year in which the license is issued, or a
winery license to manufacture not in excess of five thousand gallons of
wine during the year in which the license is issued, the number of
gallons permitted to be manufactured shall be prorated likewise.

(c) Every such license shall be in lieu of any State merchant’s or
State restaurant license on that portion of the business of the licensee
covered thereby; but no such license shall relieve any licensee of any
other State tax whatsoever.

(d) The board is hereby authorized and empowered to correct
erroneous assessments made by the board against any person and to
make refunds of any amounts collected pursuant to erroneous assess-
ments, or collected as taxes on licenses, which are subsequently refused
or application therefor withdrawn, and to allow credit for license taxes
paid by any licensee for any license which is subsequently merged or
changed into another license during the same license year; no refund
shall be made of any such amount, however, unless made within one
year from the date of collection of the same.

Section 25. When Board May Suspend or Revoke Licenses.—
(a) The board may suspend or revoke any licenses issued by it if it be
of the opinion:

First. That the licensee is not a suitable person to hold such
license; or

Second. That the place occupied by the licensee is not a suitable
place; or

Third. That the number of licenses issued should be reduced; or

Fourth. That the license should be revoked.

(b) Before the board may suspend or revoke any license issued
under the provisions of this act, at least ten days’ notice of such
proposed or contemplated action by the board shall be given to the
licensee affected. Such notice shall be in writing, shall contain a state-
ment in detail of the grounds or reasons for such proposed or con-
templated action of the board, and shall be served on the licensee as
other notices, or by sending the same to such licensee by registered
Mail to his last known postomice address, ihe board shall in such notice
appoint a time and place when and at which the said licensee shall be
heard as to why the said licensee should not be suspended or revoked.
‘he licensee shall at such time and place have the right to produce
evidence in his behalf and to be represented by counsel.

(c) The board in suspending any license may impose as a condi-
tion precedent to the removal of such suspension, a requirement that
the licensee pay the cost incurred by the board in investigating the
licensee and in holding the proceeding resulting in such suspension.

(d) The action of the board in suspending or revoking any license
pursuant to the provisions of this section shall not be subject to review
by any court nor shall any mandamus or injunction lie in any such case.

(e) Alcoholic beverages (other than beer) owned and in possession,
or owned or in possession, for sale, by or of any licensee at the time
the license of any such person is suspended or revoked as herein pro-
vided, may be sold by such person to the board at such price or prices
and upon such terms as may be agreed upon by the board and such
person, or may, upon permits issued by the board and upon such con-
ditions as the board may specify be sold to persons in Virginia licensed
to sell such alcoholic beverages or may, upon permits issued by the
board, be sold to persons outside of Virginia for resale outside of Vir-
ginia, 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.

Beer owned and in possession, or owned or in possession, for sale,
by or of any licensee at the time the license of such person is suspended
or revoked as provided herein, may upon permits of the board and
upon payment of any excise tax due thereon be sold to any person au-
thorized to purchase the same for resale.

. Alcoholic beverages owned and in possession, or owned or in posses-

sion, for sale, by or of persons whose licenses have been terminated
otherwise than by suspension or revocation may dispose of the same in
accordance with the foregoing provisions of this section within such
time as the board, in its discretion, may deem proper under the circum-
stances, provided such period shall not be less than sixty days.

All such alcoholic beverages owned by or in possession of any person
whose license is suspended or revoked, as provided herein, shall be
disposed of by such person in accordance with the provisions of this
section within a period of sixty days from the date of such suspension
or revocation; all such alcoholic beverages owned by or in possession
of any person whose license is terminated otherwise than by suspension
or revocation, shall be disposed of by such person in accordance with
the provisions of this section within the period allowed by the board;
all such alcoholic beverages owned by or remaining in the possession of
any such person, after the expiration of such period shall be deemed
contraband and forfeited to the Commonwealth in accordance with the
provisions of section thirty-eight of this act.

Section 29. Records Which Must Be Kept By Licensees ; Examina-
tion of Records and Places of Business.—(a) Every person who is
licensed in Virginia to manufacture, to bottle or to sell at wholesale anv
alcoholic beverages shall keep a complete and accurate record of all
alcoholic beverages purchased, manufactured, bottled and sold, or manu-
factured, bottled or sold, by him. Such records shall show the quan-
tities of all such alcoholic beverages manufactured and bottled, or manu-
factured or bottled, by him, the dates of all sales and deliveries or
shipments, the names and addresses of all persons to whom sales and
deliveries or shipments are made, the quantities and kinds of alcoholic
beverages sold and delivered or shipped and the prices charged therefor.

(b) Every person licensed to sell at retail any alcoholic beverages
shall keep a complete and accurate record of all purchases thereof, the
dates of such purchases, the kinds and quantities of alcoholic beverages
purchased, the prices charged such licensee therefor, and the names
and addresses of the persons from whom purchased. Every such li-
censee shall also preserve all invoices showing his purchases. He shall,
unless he has signed the agreement provided in sub-section (d) of
section twenty-seven of this act, also keep an accurate account of daily
sales, showing quantities of alcoholic beverages sold and the total price
charged by him therefor; such account need not give the names or
addresses of the purchasers thereof.

(c) All such records, invoices and accounts shall be kept by each
such licensee at the place of business designated in his license and shall
at all times be open to inspection by the board, by the State Tax Com-
missioner and any person or persons that may be designated as an agent
by them or either of them.

(d) The board, the State Tax Commissioner and the agents duly
authorized by them or either of them shall at all times be allowed free
access during business hours to every place in this State where alcoholic
beverages are manufactured, bottled, stored, offered for sale or sold,
for the purpose of examining and inspecting such place and all records,
invoices and accounts therein.

Section 35. When and How Person May Be Interdicted; How
Notice Thereof Given; Effect of Order of Interdiction; Order May
Be Altered, Amended or Cancelled—(a) When after hearing upon
due notice it shall be made to appear to the satisfaction of the circuit
court of any county or the corporation court of any city, or the judge
thereof in vacation, that any person, resident or sojourning within
Virginia, has on or after the day on which this act becomes effective
been convicted of driving or running any automobile, car, truck, motor-
cycle, engine or train while intoxicated or has shown himself to be an
improper person to be allowed to purchase alcoholic beverages, the
court, or the judge thereof in vacation, may make an order of inter-
diction prohibiting the sale of alcoholic beverages to such person until
further ordered. The court or judge entering any such order shall cause
a copy of the same to be forthwith filed with the board.

(b) Upon such order being filed with the board, the board shall
cause a copy of such order of interdiction to be published at least once
in a newspaper having a general circulation in the county or city in
which the court which issued the order is held, and in such other
newspaper as the board may direct. It shall thereafter as long as such
order shall remain in effect be unlawful, as provided in section forty-
two of this act, for any one to sell alcoholic beverages to such inter-
dicted person except in accordance with the provisions of sections thirty-
two, thirty-three and thirty-four of this act.

(c) The court or judge entering any order of interdiction may there-
after at any time alter, amend or cancel the same as in its judgment it
shall deem proper. A copy of each such alteration, amendment and
cancellation shall be filed with the board and published as hereinbefore
provided as to orders of interdiction.

(d) Any hearing or investigation under this section by any court
or judge may be held in private if the court or judge or person accused
shall so direct.

Section 37. Issuance of Search Warrants; Where They May Be
Executed and Before Whom Returnable—(a) If there be complaint
on oath that alcoholic beverages are being manufactured, sold, kept,
stored, or in any manner held, used or concealed in a particular house,
or other place, in violation of law, the justice of the peace, trial justice,
police justice, civil and police justice, circuit or corporation court or
judge thereof in vacation, or the mayor of any city or town, to whom
such complaint is made, if satisfied that there is a probable cause for
such belief, shall issue a warrant to search such house or other place
for alcoholic beverages. Such warrants, except as herein otherwise
provided, shall be issued, directed, and executed in accordance with the
laws of Virginia pertaining to search warrants.

(b) Warrants issued under this act for the search of any auto-
mobile, boat, conveyance or vehicle, whether of like kind or not, or for
the search of any trunk, grip or other article of baggage, whether of
like kind or not, for alcoholic beverages, may be executed in any part
of the Commonwealth where the same are overtaken, and shall be
made returnable before any justice of the peace, trial justice, police
justice, civil and police justice, circuit or corporation court or judge
thereof in vacation, or the mayor of any city or town, within whose
jurisdiction such automobile, boat, conveyance, vehicle, truck, grip or
other article of baggage, or any of them, were transported or attempted
to be transported contrary to law.

Section 38. How Contraband Articles May be Confiscated.—All
proceedings for the confiscation of articles declared contraband and
forfeited to the Commonwealth under this act shall be proceeded against
as provided in this section:

(a) Whenever any article, which under the provisions of this act is
declared contraband and required to be forfeited to the Commonwealth,
has been seized, with or without a warrant, by any officer charged with
the enforcement of this act, he shall produce the same, and the person
in whose possession it was found, if any, and if no person be found
in possession of said articles the return shall so state, and a copy of
said warrant shall be posted on the door of the building or room where-
in the same was found, or if there be no door, then in any conspicuous
place upon the premises.

(b) Upon the return of the warrant as provided in this section, the
justice of the peace, trial justice, police justice, civil and police justice,

court, judge or mayor shall fix a time not less than ten days, unless
waived by the accused in writing, the accused having the right to do so,
and not more than thirty days thereafter, for the hearing of said re-
turn, when he shall proceed to hear and determine whether or not the
articles so seized, or any part thereof, were used or in any manner
kept, stored or possessed in violation of any of the provisions of this
act.

At such hearing if no claimant shall appear, the justice of the peace,
trial justice, police justice, civil and police justice, court, judge or mayor
shall declare the articles seized forfeited to the Commonwealth and, if
such articles be not necessary as evidence in any pending prosecution,
shall turn the same over to the board as herein required. At such hear-
ing any person claiming any interest in any of the articles seized may
appear and file a written claim setting forth particularly the character
and extent of his interest, whereupon, if the trial be before a justice of
the peace, trial justice, police justice, civil and police justice, or mayor,
he shall forthwith certify the warrant and the articles seized along
with the claim filed therein to the circuit, corporation or husting court
having jurisdiction, which court shall docket the case. Thereupon the
court shall hear and determine the validity of such claim.

If, upon such hearing, the evidence warrants, the court shall there-
upon enter a judgment of forfeiture, and order the article so seized
to be turned over to the board as is herein required. Action under this
section aand the forfeiture of any articles thereunder shall not be a bar
to any prosecution under any other provisions of this act.

(c) Any articles forfeited to the Commonwealth and turned over
to the board in accordance with the provisions of this section, shall
either be destroyed or sold by the board as in its discretion shall be
deemed proper. The net proceeds from every such sale shall be paid into
the literary fund. If the board shall be of the opinion that any alcoholic
beverages forfeited to the Commonwealth and turned over to the board
in accordance with the provisions of this section, for any reason can-
not be sold and should not be destroyed, it may give the same for
medicinal purposes to institutions in this State supported either in whole
or in part by public funds, to supply the needs of such institutions for
alcoholic beverages for such purposes. Provided that the State Health
Commissioner has issued a certificate stating that such institution has
need for such alcoholic beverages, and provided that a record showing
the amount issued in each case, to whom issued and the date when
issued be made and kept in the office of said Comrnissioner and in the
office of said board.

All alcoholic beverages and articles heretofore confiscated under the
provisions of chapter four hundred and seven of the Acts of the General
Assembly of nineteen hundred and twenty-four, as heretofore amended,
and not finally disposed of as therein provided, shall be turned over to
the board and disposed of as is provided in this sub-section.

Section 38-a. Search of Vehicles in Which Illegally Acquired
Alcoholic Beverages Are Being Transported; or in Which Alcoholic
Beverages are Being Illegally Transported; Vehicles to be Seized and
Forfeited ; Proceedings ; Disposition of Alcoholic Beverages ; Arrests.—
(a) Where any officer charged with the enforcement of the alcoholic
beverage laws of this State shall have reason to believe that alcoholic
beverages, illegally acquired, or that alcoholic beverages being illegally
transported, are, in any conveyance or vehicle of any kind, either on
land or on water (except a conveyance or vehicle owned or operated
by a railroad, express, sleeping or parlor car or steamboat company,
other than barges, tugs or small craft), it shall be the duty of such
officer to obtain a legal search warrant and search such conveyance or
vehicle, and if such illegally acquired alcoholic beverages or alcoholic
beverages being illegally transported in amounts in excess of one quart
be found therein, he shall seize the same, and shall also seize and take
possession of such conveyance or vehicle and deliver the same and the
alcoholic beverages so seized, to the sheriff of the county, or the ser-
geant of the city in which such seizure was made, taking his receipt
therefor, in duplicate.

(b) The officer making such seizure shall also arrest all persons
found in charge of such conveyance or vehicle and shall forthwith
report in writing, of such seizure and arrest, to the attorney for the
Commonwealth for the county or city in which such seizure and arrest
were made.

(c) If the conveyance so seized be a motor vehicle required by the
motor vehicle laws of Virginia to be registered, the attorney for the
Commonwealth shall forthwith notify the Director of the Division of
Motor Vehicles, by letter, of such seizure and the motor number of
the vehicle so seized, and the said director shall promptly certify to
such attorney for the Commonwealth the name and address of the
person in whose name such vehicle is registered, together with the name
and address of any person holding a lien thereon, and the amount
thereof; and said director shall also forthwith notify such registered
owner and lienor, in writing, of the reported seizure, and the county
or city wherein such seizure was made.

The certificate of said director, concerning such registration and
lien shall be received in evidence in any proceeding, either civil or
criminal, under any provision of this act, in which such facts mav he
material to the issue involved.

(d) Within ten days after receiving notice of any such seizure, the
attorney for the Commonwealth shall file, in the name of the Common-
wealth, an information against the seized property, in the clerk’s office
of the circuit court of the county, or of the corporation court of the
city, wherein said seizure was made; should the attorney for the Com-
monwealth, for any reason, fail to file such information within said
time, the same may, at any time within twelve months thereafter, be
filed by the Attorney General, and the proceedings thereon shall be the
same as if it had been filed by the attorney for the Commonwealth.

Such information shall allege the seizure, and set forth in general
terms the grounds of forfeiture of the seized property, and shall pray
that the same be condemned and sold and the proceeds disposed of
according to law, and that all persons concerned or interested be cited
to appear and show cause why said property should not be condemned
and sold to enforce the forfeiture.
The owner of and all persons in any manner then indebted or liable
for the purchase price of said property, and any person having a lien
thereon, if they be known to the attorney who files said information,
shall be made parties defendant thereto, and shall be served with the
notice hereinafter provided for, in the manner provided by law for
serving a notice, at least ten days before the day therein specified for
the hearing on said information, if they be residents of this State, and
if they be unknown or non-residents, or cannot with reasonable diligence
be found in this State, they shall be deemed sufficiently served by pub-
lication of said notice once a week for two successive weeks, in some
newspaper published in such county or city, or if none be published
therein, then in some newspaper having general circulation therein and
shall send a notice by registered mail of such seizure to the last known
address of the owner of such conveyance or vehicle.

(e) If the owner or lienor of the seized property shall desire to
obtain possession thereof before the hearing on the information filed
against the same, such property shall be appraised by the clerk of the
court where such information is filed.

The sheriff of the county or the sergeant of the city in which the
trial court is located shall promptly inspect and appraise said property,
under oath, at its fair cash value, and forthwith make return thereof in
writing, to the clerk’s office of the court in which the proceedings are
pending, upon the return of which the said owner or lienor may give a
bond payable to the Commonwealth of Virginia, in a penalty of the
amount equal to the appraised value of the vehicle plus the court costs
which may accrue, with security to be approved by the clerk, and con-
ditioned for the performance of the final judgment of the court, on
the trial of said information, and with a further condition to the effect
that, if upon the hearing on the information, the judgment of the court
be that said property, or any part thereof, or such interest and equity
as the owner or lienor may have therein, be forfeited, judgment may
thereupon be entered against the obligors on said bond for the penalty
thereof, without further or other proceedings against them thereon, to
be discharged by the payment of the appraised value of the property
so seized and forfeited and costs, upon which judgment, execution may
issue, on which the clerk shall endorse, ‘‘no security to be taken”;
upon giving of the said bond, the said property shall be delivered to
said owner or lienor.

(£) Any person claiming to be the owner of such seized property,
or to hold a lien thereon, may appear at any time before final judg-
ment of the trial court, and be made a party defendant to the informa-
tion so filed, which appearance shall be by answer, under oath, in
which shall be clearly set forth the nature of such defendant’s claim,
whether as owner or as lienor, and if as owner, the right or title by
which he claims to be such owner, and if lienor, the amount and charac-
ter of his lien, and the evidence thereof ; and in either case, such owner
shall set forth fully any reason or cause which such defendant may
have to show against the forfeiture of said property.

(g) If such claimant shall deny that illegally acquired alcoholic
beverages or alcoholic beverages being illegaly transported in amounts
in excess of one quart were in such conveyance or vehicle at the time
of the seizure thereof, and shall demand a trial by jury of the issue
thus made, the court shall, under proper instructions, submit the same
to a jury of five, to be selected and empanelled as prescribed by law,
and if such jury shall find on said issue in favor of such claimant, or
if the court, trying such issue without a jury, shall so find, the judg-
ment of the court shall be to entirely relieve said property from
forfeiture, and no costs shall be taxed against such claimant.

(h) If, on the other hand, the jury, or the court trying the issue
without a jury, shall find against the claimant, or if it be admitted by
the claimant that said conveyance or vehicle at the time of the seizure,
contained illegally acquired alcoholic beverages or alcoholic beverages
being illegally transported in amounts in excess of one quart, never-
theless, if it shall appear to the satisfaction of the court that such
claimant, if he claims to be the owner, was the actual bona fide owner
of said conveyance or vehicle at the time of the seizure, that he was
ignorant of such illegal use thereof, and that such illegal use was with-
out his connivance or consent, express or implied, and that such in-
nocent owner has perfected his title to the conveyance or vehicle, if it
be a motor vehicle, if application for the title is made ten days prior
to its seizure or within ten days from the time same was acquired, the
court shall relieve said conveyance or vehicle from forfeiture and restore
it to its innocent owner, and the costs of the proceedings shall be paid
by the Commonwealth as now provided by law.

Where it is shown to the satisfaction of the court that the convey-
ance or vehicle for the forfeiture of which proceedings have been in-
stituted was stolen from the person in possession, relief shall be
granted the owner or lienor, either or both, and the cost of the pro-
ceedings shall be paid by the Commonwealth as now provided by law.

(i) If any such claimant be a lienor, and if it shall appear to the
satisfaction of the court that the owner of the conveyance or vehicle
has perfected his title to the conveyance or vehicle if it be a motor
vehicle, prior to its seizure, or within ten days from the time same
was acquired, and that such lienor was ignorant of the fact that such
conveyance or vehicle was being used for illegal purposes, when it was
so seized, that such illegal use was without such lienor’s connivance or
consent, express or implied, and that he held a bona fide lien on said
property and had perfected the same in the manner prescribed by law,
prior to such seizure (if such conveyance or vehicle be an automobile
the memorandum of lien on the certificate of title issued by the Director
of the Division of Motor Vehicles on said automobile shall make any
other recordation of same unnecessary), the court shall, by an order
entered of record establish said lien, upon satisfactory proof of the
amount thereof; and if, in the same proceeding, it shall be determined
that the owner of said seized property was himself in possession of
the same, at the time it was seized, and that such illegal use was with
his knowledge or consent, the forfeiture hereinbefore in this section
declared, shall become final as to any and all interest and equity which
the said owner, or any other person so illegally using the same, may
have in such seized property, which forfeiture shall be entered of
record. In the last mentioned event, if the lien established is equal or
more than the value of the conveyance or vehicle, such conveyance or
vehicle shall be delivered to the lienor, and the costs of the proceedings
shall be paid by the Commonwealth as now provided by law; if the
lien is less than the value of the conveyance or vehicle, the lienor may
have the said conveyance or vehicle delivered to him upon the payment
of the difference; should the lienor not demand delivery as aforesaid,
an order shall be made for the sale of said property by the sheriff of the
county, or sergeant of the city, as the case may be, in the manner
prescribed by law, out of the proceeds of which sale shall be paid, first,
the lien, and second, the costs; and the residue, if any, shall be paid
into the literary fund.

(j) If, however, no valid lien is established against the seized
property, and upon the trial of the information, it shall be determined
that the owner thereof was himself using the same, at the time of the
seizure, and that such illegal use was with his knowledge or consent,
the said property shall be completely forfeited to the Commonwealth,
and an order shall be made for the sale of said property by the sheriff
of the county or sergeant of the city, as the case may be, in the manner
prescribed by law. Out of the proceeds of such sale shall be paid the
costs, and the residue shall be paid into the literary fund.

(k) In every case, the alcoholic beverages so seized shall be deemed
contraband as provided in section thirty-six of this act and disposed
of accordingly.

(1) In all cases, the actual expense incident to the custody of the
seized property, and the expense incident to the sale thereof, including
commissions, shall be taxed as costs.

(m) The provisions of this section shall not apply to alcoholic
beverages which may be manufactured and sold without any license
under the provisions of this act.

Section 39, Illegal Manufacture and Bottling, a Misdemeanor ; How
Person Found at Distillery, Winery, or Brewery May Be Punished.—
(a) Except as otherwise provided in sections thirty-two and sixty-one
of this act, if any person shall manufacture in this State alcoholic
beverages without being licensed under the provisions of this act to
manufacture such alcoholic beverages, or if any person other than one
who holds a brewery license or a bottlers license under the provisions
of this act shall bottle beer for sale, he shall be guilty of a misdemeanor.

(b) Every person found at any distillery, winery or brewery where
alcoholic beverages are being manufactured in violation of the provi-
sions of this act shall be deemed prima facie guilty of manufacturing
the same or aiding and abetting in such manufacture and upon con-
viction thereof shall be punished as if personally manufacturing the
same.

(c) The minimum punishment for any violation of the provisions
of this section shall be a fine of not less than one hundred dollars nor
more than five hundred dollars and confinement in jail for not less than
six months nor more than twelve months.

Section 42. Persons to Whom Alcoholic Beverages May Not Be
Sold.—If any person shall, except pursuant to the provisions of sec-
tions thirty-two, thirty-three or thirty-four of this act, sell any alcoholic
beverages to any person and at the time of such sale shall know or
have reason to believe that the person to whom the sale is made is

(a) less than twenty-one years of age, or

(b) an interdicted person, or

(c) an intoxicated person, or

(d) a patient under the supervision or control of any State hos-
pital, whether such person be on furlough or otherwise, he shall be
guilty of a misdemeanor.

Section 48-a. Failing or Refusing to Obey Subpoenas; Hindering
Orderly Conduct and Decorum of Meetings; Misdemeanors.—lf any
person shall fail or refuse to obey any subpoena issued by the board
or by any member, officer or agent authorized to issue such subpoena,
or shall hinder the orderly conduct and decorum of any hearing held
and conducted by the board, or by any member, officer or agent of the
board authorized to hold and conduct such hearing, he shall be guilty of
a misdemeanor. Any person violating any provision of this section
may be prosecuted and punished in county or city in which the hear-
ing is held.

Section 49-a. Transportation; Transportation Permits; Penalties —
The transportation of alcoholic beverages, other than wine and beer
purchased from persons licensed to sell same in this State, and those
alcoholic beverages which may be manufactured and sold without any
license under the provisions of this act, within, into or through the
State of Virginia in quantities in excess of one gallon is prohibited
except in accordance with regulations adopted by the Virginia Alco-
holic Beverage Control Board pursuant to this section.

The board may adopt such regulations governing the transportation
of alcoholic beverages, other than wine and beer purchased from per-
sons licensed to sell same in this State and those alcoholic beverages
which may be manufactured and sold without any license under the
provisions of this act, within, into or through Virginia in quantities in
excess of one gallon as it may deem necessary to confine such trans-
portation to legitimate purposes and may issue transportation permits
in accordance with such regulations.

Any person who shall transport alcoholic beverages, other than wine
and beer purchased from persons licensed to sell the same in this State
and those alcoholic beverages which may be manufactured and sold
without any license under the provisions of this act, in excess of one
gallon, in violation of such regulations shall be guilty of a misdemeanor
and punished as provided in section sixty-two of this act.

Section 50. Having, Possessing, Keeping, Carrying, Shipping and
Transporting Alcoholic Beverages Illegally Acquired, a Misdemeanor.—
If any person, other than a common carrier, shall have, possess, keep,
carry, ship or transport alcoholic beverages which shall have been
illegally acquired by such person or any person for whom he is acting,
he shall be guilty of a misdemeanor.

Spirits in the possession of any person and in containers not bear-
ing the required government stamps or seals shall be deemed prima
facie evidence that such spirits were illegally acquired.
Spirits in the possession of any person and in amounts in excess of
one gallon, in containers not bearing stamps or other evidence show-
ing the same to have been purchased from the board or a druggist
licensed to sell the same under the provisions of this act, shall be deemed
for the purposes of this act to have been illegally acquired.

Section 53. Manufacturers, Bottlers and Wholesalers Not to Sell,
Rent, Lend or Give to Retail Licensee or to Owner of Premises Any
Money, Equipment, Furniture, Fixtures or Property; How Violations
Punished.—(a) If any manufacturer, bottler or wholesaler of alcoholic
beverages, whether licensed in this State or not, or any officer or direc-
tor of any such manufacturer, bottler or wholesaler of alcoholic bever-
ages, whether licensed in this State or not, or any officer, or director
of any such manufacturer, bottler or wholesaler shall have any financial
interest, direct or indirect, in the business for which any retail license
is issued, under the provisions of this act, or in the premises where
the business of any person to whom any such retail license has been
issued is conducted, or either directly or indirectly shall sell, rent, lend,
buy for, or give to any person who holds any retail license issued under
the provisions of this act, or to the owner of the premises on which the
business of any such person so licensed is conducted, any money, equip-
ment, furniture, fixtures or property with which the business of such
retailer is or may be conducted, he shall be guilty of a misdemeanor.

(b) The provisions of this section shall not, however, prevent any
manufacturer, bottler or wholesaler of alcoholic beverages from clean-
ing and servicing, either free or for compensation, beer coils and other
like equipment used in dispensing wine and beer.

(c) If any person licensed hereunder to sell at retail any alcoholic
beverages shall consent to any violation of this section, he shall be
guilty of a misdemeanor.

Section 6l-a. Certificate of Chemist of Board May Be Used as
Evidence; Court May Require Chemist to Appear.—The certificate of
any chemist employed by the board, when signed and sworn to by
him, shall be evidence in all prosecutions for violations of this act and
all controversies in any judicial proceedings touching the mixture
analyzed by him; but on motion of the accused or any party in interest,
the court may require the chemist making the analysis to appear as a
witness and be subject to cross-examination provided such motion is
made within a reasonable time prior to the day on which the case is
set for trial.

Section 61-b. Previous Convictions May be Alleged and Proved.—
In any indictment, information or warrant charging any person with
having violated any provision of this act it may be alleged, and evi-
dence may thereafter be introduced at the trial of such person to prove,
that such person has been previously convicted of a violation or viola-
tions of this act.

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