Chap. 25.—An ACT to amend and re-enact Chapter 129 of the Acts of the General
Assembly of 1938, approved March 12, 1938, so as to provide, among other
things, to authorize the governing bodies of counties, cities, and towns to adopt
ordinances prohibiting or regulating the sale of wine and beer, or either of them,
between certain hours of certain days; to provide for the issuance of retail beer
and wine licenses in accordance with the provisions of, and the suspension or
revocation of such licenses of persons convicted of violation of such ordinances:
and to provide that such ordinances when so adopted so likewise prohibit the
sale of beverages as defined in Chapter 3 of the Acts of the General Assembly of
1933, approved August 29, 1933, and the consumption of wine, beer and bev-
erages, or any one or more of them, upon any establishment licensed to sell
wine, beer or beverages, or any one or more of them. [S B 28]

Approved February 9, 1940

1. Be it enacted by the General Assembly of Virginia, That
Chapter one hundred and twenty-nine of the Acts of the General
Assembly of nineteen hundred and thirty-eight, approved March
twelve, nineteen hundred and thirty-eight, be amended and re-enacted
so that the same shall read as follows:

Chapter 129. That the board of supervisors or other governing
body of each county shall have authority to adopt ordinances effective
in that portion of such county not embraced within the corporate
limits of any city or incorporated town, and the council or other
governing body of each city and town shall have authority to adopt
ordinances effective in such city or town, prohibiting the sale of beer
and wine, or either beer or wine, between the hours of twelve o'clock
post meridian of each Saturday and six o’clock ante meridian of each
Monday, or fixing hours within said period during which wine and
beer, or either, may be sold, and prescribing fines and other penalties
for violations of such ordinances which shall be enforced by proceed-
ings in like manner and with like right of appeal as if such violations
were misdemeanors. Provided, however, that such ordinances shall
not affect the sale of beer and wine on passenger trains or steam
vessels while operating in interstate commerce.

Upon the adoption of any such ordinance a copy thereof, duly
certified by the clerk of the governing body adopting the same shall
be transmitted to the Virginia Alcoholic Beverage Control Board, and
thereafter every retail license issued by said Board for the sale of
beer and wine or either of them in the county, city or town in which
such ordinance was adopted, shall be limited in accordance with the
provisions of such ordinance. Upon receipt of the record of the
conviction of any licensee of the Board for the violation of any such
ordinance, the Board may, in its discretion, suspend or revoke such
license.

On and after the effective date of any ordinance adopted pursuant
to the provisions of this enactment, the provisions of such ordinance
shall have like effect upon the sale of beverages as defined in Chapter
three of the Acts of the General Assembly of nineteen hundred and
thirty-three, approved August twenty-nine, nineteen hundred and
thirty-three; and further during the hours between which wine and
beer or wine or beer shall not be sold, persons holding licenses to sell
wine, beer and beverages or one or more of such shall not permit the
consumption of either wine, beer or beverages upon the premises
mentioned in said license.

It is further provided, however, that no provision herein con-
tained, nor any ordinance that may be passed in pursuance thereof,
shall be construed as in any way altering, amending or repealing
section forty-five hundred and seventy of the Code of Virginia.