Chap. 274.—An ACT to amend and re-enact Section 53, as heretofore 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.

[S B 271]
Approved March 27, 1940

1. Be it enacted by the General Assembly of Virginia, That
section fifty-three, as heretofore 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 53. (a) If any manufacturer, bottler or wholesaler of
alcoholic beverages, whether licensed in this State or not, or any
officer or director of any such manufacturer, bottler or wholesaler of
alcoholic beverages, whether licensed in this State or not, or any
officer or director of any such manufacturer, bottler or wholesaler
shall have any financial interest, direct or indirect, in the business
for which any retail license is issued, under the provisions of this
act, or in the premises where the business of any person to whom such
retail license has been issued is conducted, or either directly or in-
directly shall sell, rent, lend, buy for, or give to any person who
holds any retail license issued under the provisions of this act, or to
the owner of the premises on which the business of any such person
so licensed is conducted, any money, equipment, furniture, fixtures or
property, with which the business of such retailer is or may be con-
ducted, he shall be guilty of a misdemeanor.

(b) If any person licensed hereunder to sell at retail any alcoholic
beverages shall consent to any violation of this section, he shall be
guilty of a misdemeanor.

(c) The provisions of this section shall not, however, prevent any
manufacturer, bottler or wholesaler of alcoholic beverages from
cleaning and servicing, either free or for compensation, beer coils
and other like equipment used in dispensing wine and beer.

(d) Provided, however, that nothing in this section shall be
construed so as to prevent the sale of carbonic acid gas in containers
by manufacturers, bottlers and wholesalers of alcoholic beverages to
persons holding licenses to sell alcoholic beverages at retail in Vir-
ginia, provided that there is charged for such carbonic acid gas the
reasonable open market price therefor in the locality where sold; nor
to prevent any person, who is engaged, or interested, in the manu-
facture or sale, or both, of ice and who is also a director or officer of
a manufacturer, bottler or wholesaler of alcoholic beverages licensed
in this State, from selling ice to persons to whom retail licenses have
been issued under the provisions of this act, provided such ice is
manufactured on premises separate and apart from the premises of
such manufacturer, bottler or wholesaler of alcoholic beverages; and
provided further that this section shall not apply to the sale, renting,
lending, buying for or giving to any retailer by a manufacturer,
bottler or wholesaler of alcoholic beverage, any beer bottle opener or
can opener upon which any advertising matter regarding alcoholic
beverages appears; and provided further that such opener shall not
exceed in value the sum of two cents each.