Chap. 335.—An ACT to regulate the business of cleaning, dyeing and pressing ;
defining what constitutes engaging in said business, as well as defining certain
other words; creating a State Dry Cleaners Board; empowering and authoriz-
ing said board to promulgate rules and regulations ; requiring the issuance of
licenses by said board as a prerequisite to engaging in said business, and
providing penalties for the violation of any of the provisions of this act;
and providing that this act shall apply in all cities, and in any counties when
two-thirds of the resident persons actively engaged in the cleaning, dyeing
and pressing business in such counties petition the State Dry Cleaners Board
to be entitled to the benefits of this act, then such counties shall be governed
by this act. [H B 180]

Approved March 27, 1936

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. Definitions—When used in this act, unless the content
otherwise requires, the following definitions shall apply:

“State dry cleaners board” means the State agency created by this
act for the cleaning, pressing and dyeing business.

“Cleaning and dyeing” includes any place or vehicle where the
services of dry cleaning, wet cleaning as a process incidental to dry
cleaning, dyeing, spotting and finishing any fabric is rendered for
hire, or is sold, resold or offered for sale or resale; and also includes
the acceptance of any clothing or other fabric to be cleaned, dyed or
pressed, and where said work is actually done and performed by other
parties than those accepting it.

“Pressing” means the pressing of clothes or other fabric by what-
ever manner used; and shall include those persons, associations of
persons, firms or corporations who accept clothes or other fabric for
pressing, when the actual pressing is done and performed by other
parties.

“Spotting” means the process designed to remove spots or stains
which remain in a fabric after it has been subjected to the other
processes of dry cleaning.

“Person” means any person, firm, corporation or association.

Section 2. There is hereby created for the cleaning, dyeing and
pressing business a board to be known as “State dry cleaners board.”
Said board shall consist of five members, to be appointed by the
Governor of the State of Virginia, three of whom shall have been
engaged in the cleaning, dyeing and pressing business in Virginia
for at least three years next preceding his appointment, and two of
whom shall not be connected with said business but shall be from the
public at large; all of the members of the board shall be appointed for
a term of two years, except appointments to fill vacancies shall be
for the unexpired terms, all of whom shall hold office at the pleasure
of the Governor for the terms indicated herein. The members of said
board shall receive as compensation for their services five dollars for
each day while attending board meetings and their necessary traveling
expenses incurred in connection therewith. The board shall elect one
of its members as chairman and one of its members as vice-chairman,
and shall adopt a set of rules and by-laws to govern its organization
and proceedings, and shall adopt and use a seal. The board is au-
thorized and empowered to incur any and all expenses deemed neces-
sary by it for the administration and enforcement of this act, and
to appoint a secretary, who need not be a member of the board, and
such other clerks, inspectors and other assistance as it may deem
necessary for the administration and enforcement of this act, and fix
their duties, compensation, and terms of service, as well as the em-
ployment of such lawyers as may be approved by the Attorney Gen-
eral, all of which shall be paid out of the funds collected by the board
as provided in this act.

Section 3. The functions, duties, and powers of the “State dry
cleaners board” shall be as follows:

(1) To adopt and promulgate rules and regulations as may be
necessary to control and regulate the cleaning, dyeing and pressing
business in the following particulars:

a. Identification to the public of all persons, firms, corporations
or associations licensed by the board to engage in said business, as
well as their agents or representatives.

b. Enforcement of existing fire, sanitation and labor laws where
applicable to the industry.

c. Prohibit false or misleading statements, advertisements or
guarantees either in form or content.

d. Form of application required by board for license and form of
license to be issued by board.

(2) To grant licenses to conduct the business of cleaning, dyeing
and pressing to persons, firms, corporations, or associations in ac-
cordance with the provisions of this act and the rules and regulations
of the board. This board may decline to grant a license, or may sus-
pend or revoke a license already granted, after due notice and after
hearing, on the grounds of any violation of the provisions of this act
or the rules and regulations promulgated by said board, not in con-
flict with the provisions of this act; provided, however, that any party
accused shall have the right to appeal from the decision of the board,
in the event of a refusal to grant or the suspension or revocation of
any license, to the corporation court or circuit court of the city, or the
circuit court of the county, in which the place of business of the
accused party is located. Such appeal shall operate as a supersedeas
with respect to the decision or ruling of said board in the refusal to
grant, or the revocation or suspension, of such license, provided that
pending appeal, the accused party shall execute a bond in the sum
of five hundred dollars ($500.00) before the clerk of the court in
which the appeal is pending, the surety to be approved by the clerk
of said court and conditioned not to violate any of the provisions of
this act.

(3) To act for the purpose of this act, as a competent authority in
connection with the matters pertinent thereto.

Section 4. No person, firm, corporation or association shall engage
in the business of cleaning, pressing and dyeing, as herein defined,
within the State of Virginia, without first obtaining a license therefor
from the said board, which said license shall be valid for a period of
one year and no more, unless sooner revoked or suspended by said
board under the provisions of this act.

For the purpose of providing funds for the administration of this
act the annual fee for such license shall be twenty-five dollars. Such
license fees shall be collected by the said board, and shall be disbursed
as hereinafter provided.

Section 5. All funds collected by the board as provided in this
act shall be paid into the general fund of the State treasury and the
same shall be, and are hereby, appropriated to the board for the
purpose of the administration and enforcement of this act.

Section 6. Except pending an appeal as hereinbefore provided,
any person who shall engage in the business of cleaning, dyeing and
pressing, as herein defined, without first having secured a license or
certificate from said board so to do, or who shall continue to do the
business of cleaning, dyeing and pressing after the suspension or
revocation of a license issued by the board, shall be guilty of a mis-
demeanor under the laws of the State of Virginia, and upon conviction
thereof shall be punished by a fine of not less than ten dollars, nor
exceeding one hundred dollars, and each day during which this viola-
tion shall continue shall be deemed a separate offense.

Section 7, All persons, firms, corporations and associations in the
State of Virginia engaged in the business of cleaning, dyeing and
pressing, or in the power operated laundry business, at the time this
act becomes a law, shall be entitled to have issued to them a license
upon the payment of the license fee herein required.

Section 8. This act shall apply to and be effective in all cities
and in any counties where after notice has been published in a news-
paper having general circulation in said county, there has been filed
with the board a petition signed by two-thirds of the resident persons
actually engaged in the cleaning, dyeing and pressing business at
the time of said petition in any such counties signifying their desire
to be governed by this act; provided, however, that the provisions
of this act shall not be construed as applying to any counties compris-
ing both a senatorial district and a judicial circuit and having an
aggregate population according to the nineteen hundred and thirty
United States census of not less than fifty-three thousand nor more
than fifty-eight thousand.

Section 9. If any clause or section of this act shall be declared
unconstitutional, or invalid for any other reason, before a court of
competent jurisdiction of this State, the remaining portion or por-
tions of this act shall be deemed in force and valid as if such section
or clause had not been incorporated herein.

This act shall become effective on the first day of July, nineteen
hundred and thirty-six, and shall cease to be in effect on the first day
of July, nineteen hundred and thirty-eight.