Chap. 174.—An ACT to amend and re-enact Section 40-a of Chapter 235 of the
Acts of the General Assembly of 1936, approved March 23, 1936, and known,
designated and cited as The Alcoholic Beverage Control Act, so as, among
other things, to provide for the sale of alcoholic beverages by administrators,
executors, trustees, receivers, sheriffs, constables, and other officers acting
under authority of courts having jurisdiction in this Commonwealth; how
made and to whom. [H B 358]

Approved March 17, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tion forty-a of chapter two hundred and thirty-five of the acts of
the General Assembly of nineteen hundred and thirty-six, known,
designated and cited as The Alcoholic Beverage Control Act, be
amended and re-enacted so as to read as follows:

Section 40-a. Sale of alcoholic beverages by administrators, exec-
utors, trustees, receivers, sheriffs, constables and other officers act-
ing under authority of courts having jurisdiction in this Common-
wealth; 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.

Any administrator, executor, or personal representative of any
deceased licensee may, upon special permit issued by the board, con-
tinue to operate under the license of the deceased licensee for such
period as the board may deem fit under the circumstances, not, how-
ever, to exceed the period for which the license was originally issued.

Sales of alcoholic beverages by any of the persons enumerated in
this section, except administrators, executors, or personal representa-
tives of a deceased licensee, 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 beverages in this
State, or 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.

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