CHAPTER 221

An Act to amend and reenact §§ 4-45 and 4-46 of the Code of Virginia,
relating, respectively, to the holding and the effect of local option
elections on the sale of alcoholic beverages. R

[S 51]
Approved March 12, 1954

Be it enacted by the General Assembly of Virginia:

1. That §§ 4-45 and 4-46 of the Code of Virginia be amended and re-
enacted as follows:

§ 4-45. (a) Upon a petition of the qualified voters of any county,
city or town having a population of nine hundred or more inhabitants,
according to the last preceding United States census, filed with the circuit
court of the county, the corporation court of the city, or the circuit court
of the county wherein the town or the greater part thereof is situated, or
the judge thereof in vacation, signed by a number, not less than thirty per
centum of the number of votes cast by qualified voters of the county, city
or town and counted for presidential electors in the last preceding presi-
dential election in the said county, city or town, but in no event less than
one hundred, asking that a referendum be held on any or all of the ques-
tions (1) shall the sale of beer * be permitted in the county, city or town,
* (2) shall the sale other than by the Alcoholic Beverage Control Board
of wine be permitted in the county, city or town and (8) shall the sale
of alcoholic beverages, other than beer * by the Alcoholic Beverage Control
Board, be permitted in the county, city or town, the court or the judge
thereof in vacation, shall by order entered of record require the regular
election officials of the county, city or town, on the date fixed in the order,
to open the polls and take the sense of the qualified voters of the county,
city or town, on the questions submitted as herein provided. Subject to
the provisions contained in subsection (b) of this section, such election
shall be held not more than ninety days nor less than sixty days from the
filing of the petition, but shall not be held on any day that any other elec-
tion is held in the county, city or town. The clerk of the county, or of the
circuit or corporation court of the city, shall cause a notice of such election
to be published in some newspaper published in or having a general circu-
lation in the county, city or town once a week for three consecutive weeks.

The regular election officers of the county, city or town at the time
designated in the order authorizing the vote shall open the polls at the
various voting places in the county, city or town and conduct the election
in such manner as is provided by law in other elections in so far as the
same is applicable. The election shall be by ballot and the ballot shall be
prepared by the Electoral Board and distributed to the various election
precincts as in other elections. On the ballot used shall be printed the
following:

First. Shall the sale of beer * (containing more than three and two-
tenths per centum of alcohol by weight) be permitted in ..................cccceeeees

[] Yes
U No

Place check (\/) mark, or across (X or +-) mark, or a line (—) in
the square immediately before the word which indicates how you wish to
vote on the above question.

Second. Shall the sale, other than by the Alcoholic Beverage Control
Board, of wine (containing more than three and bano-Lemites per centum of
alcohol by weight) be Mermilled AN ......cccccccssscccerssasssecceenecs

[] Yes
[] No

Place check (\/) mark, or a cross (< or +-) mark, or a line (—) in
the square immediately before the word which indicates how you wish
to vote on the above question.

Third. Shall the sale of alcoholic beverages by the Alcoholic Beverage
Control Board, other than beer, * be permitted in ..............cccccccssssssesseeeees

[CT] Yes
[] No
e

Place check (\/) mark, or a cross (« or +) mark, or a line (—) in
the square immediately before the word whic indicates how you wish
to vote on the above question.

In the blanks shall be inserted the name of the county, city or town
in which the election is held. . .

A petition calling for an election may be made on any one or more of
the three questions set forth in this section, and the order of the court or
the judge thereof in vacation shall direct an election only as to those ques-
tions specified in the petition.

Any voter desiring to vote “Yes” in answer to any question upon the
ballot shall put a check (\/) mark, or a cross (< or +-) mark, or a line
(—) an the square immediately preceding “Yes” leaving the square preced-
ing “No” unmarked. Any voter desiring to vote “No” in answer to any
question upon the ballot shall put a check (\/) mark, or a cross (X or +-)
mark or a line (—) in the square immediately preceding “No” leaving the
square preceding “Yes” unmarked.

The ballots shall be counted, returns made and canvassed as in other
elections and the results certified by the commissioners of election to the
circuit court of the county or the corporation court of the city, or the
judge thereof in vacation. Thereupon the court, or judge thereof in vaca-
tion, shall enter of record an order duly certified by the clerk of the
court to be transmitted to the Board and to the governing body of the
county, city or town.
(b) No election herein provided for shall be held in any county,
city or town in any year in which there is in such county, city or town
a general election for the election of a Commonwealth’s attorney, treasurer
and commissioner of the revenue or either or any of such officers. After
an election, such as is provided for in this section, shall have been held
in any county, city or town, no other such election upon the same question
shall be held in the county, city or town until the expiration of four years
from the date of such prior election; provided this shall not preclude there
being held in a town having a population of nine hundred or more in-
habitants according to the last preceding United States census within such
period an election within such town although an election has been held in
the county in which the town or a part thereof is located less than four
years prior thereto.

§ 4-46. (a) If in any election held under the provisions of § 4-45, or
of one of the statutes continued by § 4-45.1, in any county, city or town, a
majority of the qualified voters voting therein shall vote “No” on the
question shall the sale of beer be permitted therein or on the question shall
the sale of * wine be permitted therein, or on the question shall the sale,
by the Alcoholic Beverage Control Board, of alcoholic beverages other than
beer be permitted therein, then on and after sixty days from the date on
which the order of the court, or of the judge thereof in vacation, setting
forth the results of such election shall be entered of record, * none of the
alcoholic beverage or beverages against the sale of which the majority
voted shall be sold in such county, city or town except for delivery or
shipment to persons outside of, or to druggists in such county, city or town
authorized under this chapter to acquire the same for the purpose of
resale. * This subsection shall not apply to corporations operating dining
cars, buffet cars, club cars and passenger boats selling wine and beer to
bona fide passengers. * Wine may be sold in store operated by the Virginia
Alcoholic Beverage Control Board even though a majority voted against
the sale of wine in the county, city or town, provided the sale of alcoholic
beverages other than beer and wine is permitted.

* sd * * * *

(b) If any such election be held in any county, city or town in which
a majority of the qualified voters thereof shall have previously voted
against permitting the sale of beer * or wine or * other alcoholic beverages
* and in such subsequent election a majority of the voters of the county,
city or town voting therein vote “Yes” on the question shall the sale of
beer* be permitted * therein, or on the question shall the sale of wine be
permitted therein or on the question shall the sale of alcoholic beverages
other than beer and wine be permitted therein * or vote “Yes” on * any
of the said questions, * then such beverages as have been permitted to be
sold by such election may in accordance with the provisions of this chapter
be sold within the county, city or town, on and after sixty days from the
day on which the order of the court, or of the judge thereof in vacation,
setting forth the results of such election shall be entered of record.

(c) The provisions of this section shall not be construed to prevent in
any county, city or town, the sale and delivery or shipment of alcoholic
beverages specified in §§ 4-48, 4-49 and 4-50 to and by persons therein
authorized to sell the same, nor to prevent the delivery or shipment of
alcoholic beverages under regulations of the Board into any county, city
or town, except as otherwise prohibited by this chapter.

(d) For the purpose of this section, when any election shall have been
held in any town, separate and apart from the county in which such town
or a part thereof is located, such town shall be treated as being separate
and apart from such county.