CHAPTER 682

An Act to amend and reenact § 4-2, as amended, of the Code of Virginia,
relating to alcoholic beverages.
[H 687]

Approved April 7, 1954
Be it enacted by the General Assembly of Virginia:

1. That § 4-2 as amended of the Code of Virginia be amended and
reenacted as follows:

§ 4-2. The following terms in this chapter, unless it otherwise
clearly appears from the context, shall have the following meanings:

(1) “Alcohol” shall mean the product known as ethyl or grain
alcohol obtained by distillation of any fermented liquor, rectified either
once or oftener, whatever may be the origin thereof, and shall include
synthetic ethyl alcohol, but shall not include methyl alcohol and alcohol
completely denatured in accordance with formulas approved by the gov-
ernment of the United States. The word “alcohol” when used in the
phrase “more than three and two-tenths per centum of alcohol by weight’
shall mean all alcohol whether obtained by distillation, fermentation or
otherwise.

(2) “Alcoholic beverages” shall include the four varieties of liquor
defined herein as alcohol, spirits, wine and heer, and any one or more of
such varieties, and every liquid or solid, patented or not, containing
alcohol, spirits, wine or beer and capable of being consumed by a human
being. “Any liquid or solid containing more than one of the four varieties
above defined shall be considered as belonging to that variety which has
the higher percentage of alcohol, however obtained, according to the
order in which they are set forth in this subsection.

(3) “Beer” shall mean any beverage obtained by the alcoholic fer-
mentation of an infusion or decoction of barley, malt and hops or of any
similar products in drinkable water and containing, unless otherwise
expressly provided, more than three and two-tenths per centum of alcohol
by weight. This definition shall include ale, porter and stout.

(4) “Board” shall mean the Virginia Alcohol Beverage Control
Board.

(5) “Bottle” shall mean any vessel intended to contain liquids and
having a capacity of not more than forty-three ounces.

(6) “Club” shall mean any nonprofit corporation or association
which is the owner, lessee or occupant of an establishment operated
solely for objects of a national, social, patriotic, political or athletic
nature, or the like, but not for pecuniary gain, the advantages of which
belong to all the members. It also shall mean the establishment so
operated.

(7) “Dentist” shall mean any person duly authorized to practice
dentistry pursuant to the laws of Virginia.

) “Dining room” shall mean a public room in which full meals
are regularly served.

(9) “Druggist” shall mean any person duly authorized to operate a
pharmacy pursuant to the laws of Virginia.

(10) “Establishment” shall mean any place where alcoholic bever-
ages of one or more varieties are manufactured, sold or used pursuant
to the provisions of this chapter.

(11) “Government store” shall mean a store established by the
Board under this chapter for the sale of alcoholic beverages or any one
or more varieties thereof.

(12) “Hotel” shall mean any duly licensed establishment, provided
with special space and accommodation, where, in consideration of payment,
food and lodging are habitually furnished to persons, and which has ten
or more bedrooms. It shall also mean the person who operates such hotel.

(18) “Interdicted person” shall mean a person te whom the sale of
alcoholic beverages is prohibited by order pursuant to this chapter.

(14) “Intoxicated”—Any person who has drunk enough alcoholic
beverages to so affect his manner, disposition, speech, muscular move-
ment, general appearance or behavior, as to be apparent to observation,
shall be deemed to be intoxicated.

(15) ‘Manager’ shall mean the appointee of the Board in charge of
a government store.

(16) “Member of a club” shall mean a person who maintains his
membership in the club by the payment of monthly, quarterly or annual
dues in the manner established by the rules and regulations thereof.

(17) “Package” shall mean any container, bottle, vessel or other
receptacle used for holding alcoholic beverages.

(18) “Person” shall include an individual, partnership, association
or corporation. .

(19) “Physician” shall mean any person duly authorized to practice
medicine pursuant to the laws of Virginia.

(20) ‘Public place” shall mean any place, building or conveyance
to which the public has, or is permitted to have, access, including restau-
rants, soda fountains, hotel dining rooms, lobbies and corridors of hotels,
and any highway, street, lane, park or place of public resort or amuse-
ment; but shall not include hotel dining rooms or hotel ball rooms while
in use for private meetings or private parties limited in attendance to
members and guests of a particular group, association or organization
and shall not include private dining rooms approved by the Board in
restaurants, licensed by the Board while such rooms are in use for private
meetings or private parties limited in attendance to members and guests of
a particular group, association or organization.

(21) “Residence” shall mean any building or part of a building or
tent where a person resides, but does not include any part of a building
which part is not actually and exclusively used as a private residence,
nor any part of a hotel or club other than a private guest room thereof.

(22) “Restaurant licensed by the Board” means any establishment,
provided with special space and accommodation, where, in consideration
of payment, food (without lodging) is habitually furnished to persons.

(23) “Sale” and “sell” shall include exchange, barter and traffic,
and any delivery made otherwise than gratuitously, by any means what-
soever, of alcoholic beverages; to solicit or receive an order for alcoholic
beverages; to keep, offer or expose the same for sale; to peddle.

(24) “Spirits” shall mean any beverage which contains alcohol
obtained by distillation mixed with drinkable water and other substances,
in solution, and includes, among other things, brandy, rum, whiskey and
gin, or any one or more of the last four named ingredients; but shall not
include any such liquors completely denatured in accordance with for-
mulas approved by the government of the United States.

(25) “Veterinarian” shall mean any person duly authorized to prac-
tice veterinary science pursuant to the laws of Virginia.

(26) “Wine” shall mean any beverage obtained by the fermentation
of the natural sugar contents of fruits or other agricultural products
containing sugar, including honey and milk, either with or without addi-
tional sugar, and containing more than three and two-tenths per centum
of alcohol by weight.

(27) “Wholesale druggist” shall mean any person duly authorized
to manufacture, sell, deliver and ship drugs and medicines to others for
the purpose of resale.