Chap. 232.—An ACT to amend and re-enact Sections 18 and 20, as amended,
26-a, 41, as amended, 43 and 58 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 authorize wholesale wine distributors to sell and deliver wine through
the board to persons licensed to sell the same in Virginia; to require of
wholesale wine distributors a bond in the penal sum of $10,000.00 and of
retail licensees a bond of $1,000.00; to permit persons holding a license
issued under the provisions of this act to manufacture, bottle and/or sell
beverages under the provisions of Chapter 3 of the Acts of the General
Assembly of 1933, as amended; to require that wholesale wine distributors
may sell wine for delivery within the State of Virginia only for cash; to
provide that licensees other than a common carrier operating in interstate
or in foreign commerce may not sell wine purchased except that purchased
from the board or from scme person holding a wholesaler’s wine distrib-
utor’s license issued by the board; to require that permits from the board
accompany all shipments of wine consigned to persons holding wholesale
wine distributors’ licenses and retail licenses, and further to amend said
act by adding thereto a new section to be known as Section 18-a pro-
viding for the registration of persons selling wine and beer and fixing the
fees therefor. | [IS B 138]

Approved March 26, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tions eighteen and twenty, as amended, twenty-six-a, forty-one, as
amended, forty-three and fifty-eight of chapter ninety-four of the
acts of the General Assembly of nineteen hundred and thirty-four, ap-
proved 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 a new section numbered eighteen-a, so that the said amended
sections and the said new section shall read as follows:
Section 18. State Licenses Which Board May Grant and Issue
—The board may grant, subject to revocation, as provided in sectiot
twenty-five (25) of this act, the following licenses under the provision
of this act:

(a) Distillers’ licenses, which shall authorize the licensees to man.
ufacture alcoholic beverages other than wine and beer, and to sell anc
deliver or ship the same, in accordance with regulations of the board
in barrels, bottles, or other closed containers, to the board, and tc
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.

(b) Winery licenses, which shall authorize the licensees to man-
ufacture wines 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 Virginia for resale
outside of Virginia, execpt 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 man-
ufacture 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 owners
of boats registered under the laws of the United States sailing for
ports of call of a foreign country or another State, and to persons
outside of Virginia for resale outside of Virginia, except that no
deliveries of 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 ac-
quire 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
he purpose of resale and to owners of boats registered under the
aws of the United States sailing for ports of call of a foreign country
yr another State, and to persons outside of Virginia for resale out-
ide of Virginia, except that no deliveries or shipments shall be made
nto any State the laws of which prohibit the consignee from receiving
yr selling the same.

(e) Wholesale beer licenses, which shall authorize the licensees
O acquire and receive deliveries and shipments of beer and to sell and
leliver or ship the same, in accordance with regulations of the board,
n barrels, bottles, or other closed containers, to persons licensed under
he provisions of this act to sell the same at wholesale or retail for
he purpose of resale, and to owriers of boats registered under the
aws of the United States sailing for ports of call of a foreign country
r another State, and to persons outside of Virginia for resale out-
ide of Virginia, except that no deliveries or shipments shall be made
nto any State the laws of which prohibit the consignee Irom Tecelv-
ng or selling the same. !

(e-a) Wholesale druggist licenses to wholesale druggists, which
‘censes shall authorize the licensees to buy alcohol from the board and
o sell and deliver or ship the same in accordance with regulations of the
oard and under its supervision, to druggists for the purpose of
compounding and resale, and to persons duly authorized to operate
sharmacies outside of Virginia for the purpose of compounding and
-esale outside of Virginia, except that no deliveries or shipments shall
ye made into any State the laws of which prohibit the consignee from
‘eceiving or selling the same.

(e-b) Wholesale wine distributors’ licenses which shall authorize
he licensees to acquire and receive deliveries and shipments of wine
from the board. and to sell and deliver or ship the same in accordance
with regulations of the board in barrels, bottles or other closed con-
rainers, to persons licensed to sell the same in Virginia, 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 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 sel
wine and beer in the dining-rooms and other designated rooms thereof
either with or without meals, for consumption on the premises onl}
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 wins
and beer in the dining-rooms and other designated rooms of the boat:
and in the dining cars, buffet cars and club cars of trains, either witl
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 t
be so licensed, which licenses shall authorize the licensees to sell, fo
on-premises consumption only, wine and beer in such places as th
board shall deem suitable for such purpose.

(g) Retail on-premises beer licenses to:

First. Hotels, which licenses shall authorize the licensees to se.
beer in the dining-rooms and other designated rooms thereof, eithe
with or without meals, for consumption on the premises only in suc
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 au-
thorize 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.

(i) 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.

(k) Retail on-and-off-premises wine and beer licenses to persons
enumerated in subsection (f) of this section, which licenses shall con-
fer 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 enu-
merated in subsection (g) of this section, which licenses shall conter
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
licenses shall authorize the licensees to sell wine and beer in desig-
nated 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.

(0) 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 Com-
missioner a list of all persons licensed hereunder, during the period
covered by such certification,

Section 18-a. Registration of Certain Salesmen of Wine and Beer;
Permits Therefor—No person representing any person engaged in
the sale of wine and beer, or either, at wholesale shall solicit the sale
of, or sell, wine and beer, or either, in this State without first regis-
tering with the board and obtaining a permit; every application for
registration shall be on such form as shall be prescribed by the board
and shall be accompanied by a fee of one ($1.00) dollar for each
such person representing a person holding a winery license, a whole-
sale wine distributors license, a brewery license, a bottler’s license or
a wholesale beer license issued by the board, or by a fee of fifty
($50.00) dollars for each such person representing any person en-
gaged in the sale of wine and beer, or either, at wholesale but hold-
ing no license therefor issued by the board. Each permit issued here-
under shall expire on the thirtieth day of June next succeeding the
date of issuance, unless sooner suspended or revoked by the board.
Any such permit may be suspended or revoked at any time by the
board. Permits issued hereunder shall confer upon the holders thereof
no authority to solicit the sale of, or to sell, wine and beer, or either,
in this State except as otherwise provided by law.

Section 20. When Board May Refuse to Grant Licenses: Effect
Thereot.—(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 is-
sued; or

Fourth. That the license shall 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 postoffice 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 or wine
license to any person, unless such person has established or will es-
tablish 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.

(g) No license shall be granted under this act to a wholesale wine
distributor, until such applicant has filed with the board a bond run-
ning to the Commonwealth, in a penal sum not exceeding ten thousand
dollars ($10,000.00), upon a form approved by the board, signed by
the applicant or licensee, and a surety company authorized to do busi-
ness in this Commonwealth as surety; or, in lieu of furnishing a surety
upon such, the applicant or licensee may deposit with the board as
security for the performance of the conditions of the bond, United
States government bonds, Commonwealth of Virginia bonds, or the
bonds of any municipality or county in the State of Virginia, condi-
tioned upon such person securing wine only in a manner provided by
law; and that such person shall not fail to remit to the board the
proper mark-up thereon; shall keep such records as may be required
by law, or the regulations of this board; and shall abide by such other
laws or regulations of the board as may be from time to time adopted
relative to the handling of wine by wholesale wine distributors.

(h) No license shall be granted under this act to any person to
sell wine at retail, until such applicant has filed with the board a bond
running to the Commonwealth, in a penal sum not exceeding one thous-
and dollars ($1,000.00), upon a form approved by the board, signed
by the applicant or licensee, and a surety company authorized to do
business in this Commonwealth as surety; or, in lieu of furnishing a
surety upon such, the applicant or licensee may deposit with the board
as security for the performance of the conditions of the bond, United
States government bonds, Commonwealth of Virginia bonds, or the
bonds of any municipality or county in the State of. Virginia, condi-
tioned upon the observance by such person of all laws and regulations
of the board now existent or which may be from time to time adopted,
having to do with the purchase of wine, the stamping of wine, and
the records required to be kept of such transactions. Provided, how-
ever, that this sub-section shall not apply to licensees operating dining
cars, buffet cars and club cars on railroads.

Section 26-a. Any person holding a license issued under the pro-
visions of this act for the manufacture, bottling and/or sale of any
alcoholic beverages shall not be required to pay any additional state
or local license tax for any license to manufacture, bottle and/or
sell, as the case may be, any beverages under the provisions of chapter
three of the acts of the General Assembly of nineteen hundred and
thirty-three; such persons shall have the privilege to manufacture,
bottle and/or to sell, as the case may be, any beverages under the pro-
visions of chapter three of the acts of the General Assembly of nine-
teen hundred and thirty-three, as long as their license under the Alco-
holic Beverage Control Act remains in full force and effect.

Section 41. Illegal Sale of Alcoholic Beverages by Licensees;
When Keeping Alcoholic Beverages by Licensees Not Permitted.—ltf
any person who holds a license issued under the provisions of this
act,

(a) shall sell any alcoholic beverages of a kind other than that
which such license or this act authorizes him to sell, or

(b) shall sell beer to which wine, spirits, or alcohol, or more than
one of any such alcoholic beverages, has been added, or

(c) shall sell wine to which spirits or alcohol, or both, have been
added, otherwise than as required in the manufacture thereof under
regulations of the board, or

(d) shall sell alcoholic beverages of a kind which such license or
this act authorizes him to sell, but to any person other than those to
whom such license or this act authorizes him to sell, or

(e) shall sell alcoholic beverages which such license or this act
authorizes him to sell, but in any place or in any manner other than
such license or this act authorizes him to sell, or

(f{) shall sell any alcoholic beverages when forbidden by the pro-
visions of this act, or

(g) shall keep or allow to be kept, other than in his residence
and for his personal use, any alcoholic beverages other than that which
he is authorized to sell by such license or by this act, or

(h) shall, if holding a brewery license, bottler’s license or whole-
sale beer license, sell any beer except for cash, or

(1) shall sell any beer on draft and fail to display to customers
the brand of beer so sold or shall misrepresent the brand of any beer
sold, or

(j) shall, if holding a wholesale wine distributor’s license, sell
any wine for delivery within the State of Virginia, except for cash,
he shall be guilty of a misdemeanor.

Section 43. Sale of Wine Not Purchased from the Board Illegal.
—If{ any person, other than a common carrier operating in interstate
or foreign commerce, licensed under the provisions of this act to sell
wine at retail shall sell any wine not purchased from the board, or
from some person holding a wholesale wine distributors’ license issued
by the board, he shall be guilty of a misdemeanor.

Section 58. Illegal Transportation, Shipment and Transportation
of Alcoholic Beverages; How Punished.—(a) No alcoholic beverage
other than wines or beer shall be imported, shipped, transported or
brought into this State unless the same be consigned to the board; the
board may, however, permit such. alcoholic beverages ordered by it
from without this State for persons for industrial purposes, for manu-
facturing articles allowed to be manufactured under section thirty-two
of this act, for wholesale druggists, for druggists, or for hospitals, to
be shipped or transported direct to such persons; provided that on
orders or shipments of alcohol the board shall charge no profit other
than a reasonable permit fee to be fixed by the board.

(b) No wine shall be imported, shipped, transported or brought
into this State unless the same be consigned to the board or to persons
holding wholesale wine distributor’s licenses issued pursuant to the
provisions of this act; except, however, that where wine is imported,
shipped, transported or brought into the State consigned to a person
holding a wholesale wine distributor’s license, there shall accompany
such shipment at all times a permit issued by the board; the board
may, however, permit wine ordered by it from without this State for
persons licensed under this act to sell the same at retail, to be shipped
or transported direct to such persons for purposes of resale; in such
cases, however, where wine is imported, shipped, transported or
brought into the State consigned to a person holding a license to sell
wine at retail, there shall accompany such shipment at all times a
permit issued by the board.

(c) No beer shall be imported, shipped, transported or brought
into this State except to persons licensed under the provisions of this
act to sell the same.

(d) The provisions of this act shall not prevent or prohibit any
person from bringing, in his possession or in his baggage, into this
State not for resale, alcoholic beverages in an amount not to exceed
one gallon; nor shall the provisions of this act prevent or prohibit
the possession and/or storage of alcoholic beverages on passenger
boats, dining cars, buffet cars and clubcars, duly licensed under the
provisions of this act, of common carrier engaged in interstate or
foreign commerce.

2. This act shall become effective July first, nineteen hundred and
thirty-eight.