CHAPTER 533

An Act to amend and reenact § 4-2, as amended, of the Code of Virginia,
relating to definitions under The Alcoholic Beverage Control Act.

fH 537]
Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:

1. That § 4-2, as amended, of the Code of Virginia, be amended and re-
enacted 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 government
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 beer, 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 Alcoholic Beverage Control

rd.

(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 den-
tistry pursuant to the laws of Virginia.

(8) “Dining room” shall mean a public room in which * 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 beverages
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.

(13) “Interdicted person” shall mean a person to 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 movement,
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 re-
ceptacle used for holding alcoholic beverages.

(18) ‘‘Persons” 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 restaurants,
soda fountains, hotel dining rooms, lobbies and corridors of hotels, and
any highway, street, lane, park or place of public resort or amusement;
but shall not include hotel dining rooms or hotel ballrooms 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 li-
censed 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 whatsoever,
of alcoholic beverages; to solicit or receive an order for alcoholic bever-
ages; to keep, offer or expose the same for sale; to peddle.

(24) “Spirits” shall mean any beverage which contains alcohol ob-
tained 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 con-
taining sugar, including honey and milk, either with or without additional
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.