Chap. 179.—An ACT to amend and re-enact Section 39, as amended, 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 make certain manufacturing and bottling a
felony; and to provide how person found at distillery, winery or brewery
where such manufacturing or bottling is done shall be punished. [H B 314]

Approved March 17, 1938

1. Be it enacted by the General Assembly of Virginia, That section
thirty-nine, as amended, 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
so as to read as follows:

Section 39. Illegal manufacture and bottling, a felony; 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 with-
out 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 felony.

(b) Every person found at any distillery, winery or brewery
where alcoholic beverages are being manufactured in violation of
the provisions of this act shall be deemed prima facie guilty of manu-
facturing the same or aiding and abetting in such manufacture and
upon conviction thereof shall be punished as it personally manufactur-
ing the same.

(c) Any person found guilty of a violation of any provision
of this section shall be punished by confinement in the penitentiary for
not less than one year nor more than three years or in the discretion of
the court or jury trying the case by confinement in jail not less than
six months nor more than twelve months and a fine not exceeding one
thousand dollars.

2. An emergency existing, this act shall be in force from its pas-
sage.