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GENERAL ORDINANCES 241
<br />shall appear in any public place in this City, shall be fined not
<br />less than $5.00 nor more than $25.00.
<br />Sec. 490(20). Giving ardent spirits to minors, persons
<br />of intemperate habits, or addicted to use of nar-
<br />cotic drugs—such persons when found intoxicated
<br />may be required to disclose from whom ardent spir-
<br />its or drugs received—possession by minors—minors
<br />acting as agents—penalties.
<br />It shall be unlawful for any person to give ardent spirits to
<br />any person of intemperate habits or addicted to the use of any
<br />narcotic drug, or for any person, except a parent or guardian, to
<br />give any ardent spirits to a minor, except on the prescription of
<br />a physician, or to send a minor or a female to obtain ardent spir-
<br />its.
<br />Any person of intemperate habits or addicted to the use of
<br />any narcotic drug, found to be intoxicated or under the influ-
<br />ence of ardent spirits, or any narcotic drug, shall be compelled
<br />in any proceeding had under this section to disclose from whom
<br />he has received the ardent spirits or drug. For a failure or re-
<br />fusal to make such disclosure he shall be guilty of contempt and
<br />' shall be fined not less than five dollars nor more than fifty dol-
<br />lars and be committed to the jail for a period not exceeding
<br />thirty days.
<br />It shall be a misdemeanor for any minor to have ardent spir-
<br />its in his possession or under his control, whether belonging to
<br />himself or another, and upon conviction, he shall be fined not
<br />less than ten nor more than five hundred dollars, and, in the dis-
<br />cretion of the Justice or Court, he may be sentenced to jail for
<br />not less than one nor more than six months. And if it shall ap-
<br />pear in any prosecution, under this section, that such minor is
<br />acting as the agent of another person, or under his influence or
<br />control or by his direction, such person shall be deemed guilty
<br />of a misdemeanor.
<br />Sec. 490(21). Who deemed intoxicated—of intemper-
<br />ate habits.
<br />Any person who has drunk enough ardent spirits to so affect
<br />his manner, disposition, speech, muscular movement, general ap-
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<br />242 CHARLOTTESVILLE CITY CODE
<br />pearance or behavior, as to be apparent to observation, shall be
<br />deemed for the purpose of this section to be intoxicated, and ii
<br />he shall continue to use ardent spirits as a beverage during the
<br />period of one year, so as to produce the above results from time
<br />to time, he shall be deemed a person of intemperate habits with-
<br />in. the meaning of this section.
<br />Sec. 490(22). Employees of hotels or places of public
<br />entertainment assisting guests to obtain ardent spir-
<br />its—penalty.
<br />Any bell boy, elevator boy, or employee of any hotel or place
<br />of public entertainment in this City who shall procure or assist
<br />in procuring, or who shall give any information or direction to
<br />any guest or patron of such hotel, or house of public or private
<br />entertainment, or other person, by which said guest or other per-
<br />son may secure ardent spirits, shall, upon conviction thereof, be
<br />fined not less than ten nor more than fifty dollars and be confined
<br />in jail or committed to the reformatory for not less than one nor
<br />more than six months.
<br />Sec. 490 (23) . Proprietor of houses of public or private
<br />entertainment permitting employees to assist guests
<br />to secure ardent spirits—failure to discharge con-
<br />victed employee—penalty.
<br />Any proprietor of any hotel or house of public or private en-
<br />tertainment in this City, who shall knowingly permit any bell
<br />boy, elevator boy, or other employee to, or who shall himself
<br />procure ardent spirits for, or give direction and information by
<br />which ardent spirits can be secured by any guest, patron, or
<br />other person, or who when duly notified that any employee has
<br />been convicted of a violation of any of the provisions of this sec-
<br />tion, shall fail at once to discharge said employee permanently,
<br />shall upon conviction thereof be fined not less than one hundred
<br />nor more than five hundred dollars, and for subsequent offense
<br />shall be fined not less than one hundred dollars nor more than five
<br />hundred dollars and be confined in jail not less than one nor more
<br />than six months.
<br />Sec. 490(24). Certain officials charged with the en-
<br />forcement of this section—fees.
<br />It shall be the duty of the Chief of Police and all police officers,
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<br />GENERAL ORDINANCES 243
<br />the mayor, justice of the peace, civil and police justice and at-
<br />torney for the Commonwealth to enforce all the provisions of
<br />this section, and it shall be the duty of the Commonwealth's At-
<br />torney to prosecute all cases arising under this section.
<br />All fees for the trial, prosecution or conviction, or both, of
<br />cases arising under the prohibition laws of Virginia, shall be al-
<br />lowed to the corresponding officers of the law participating in
<br />trials or prosecutions under this section. All such fees must be
<br />assessed against and be chargeable against the defendant and not
<br />against the City.
<br />Sec. 490(25). Search of vehicles in which ardent spir-
<br />its are being transported—seizure of vehicles, etc.
<br />When any officer charged with the enforcement of this sec-
<br />tion shall have reason to believe that ardent spirits are being
<br />transported in any wagon, buggy, automobile or other vehicle
<br />contrary to the law, he shall have the right and it shall be his
<br />duty to search such wagon, buggy, automobile or other vehicle,
<br />and to seize any and all ardent spirits found therein which are
<br />being transported contrary to law. Whenever any ardent spir-
<br />its which are being illegally transported, or are being transported
<br />for an illegal use, shall be seized by an officer of the City, he
<br />shall also take possession of the vehicle and team, or automo-
<br />bile, or any other conveyance, other than a conveyance owned
<br />and used by a railroad, steamboat or express company, in
<br />which such liquor shall be found, and such conveyance shall be
<br />forfeited to the City, and the proceedings thereafter for forfei-
<br />ture to the City in the Corporation Court of said City shall con-
<br />form as far as practicable to the provisions of section 4675(28)
<br />of the Virginia Code of 1919.
<br />Sec. 490 (26) . Warrants returnable before civil and po-
<br />lice justice.
<br />All warrants issued under this section for the search of any
<br />automobile, conveyance, or vehicle, whether of like kind or not,
<br />or for the search of any trunk, grip, or other articles of baggage,
<br />whether of like kind or not, for ardent spirits, may be executed
<br />in this Citv, and shall be made returnable before the Civil and
<br />Police Justice of the City.
<br />244 CIIARI,OTTESVILLE CITY CODE
<br />Sec. 490(27). Certain allegations unnecessary in war-
<br />rant—what proof sufficient.
<br />In a warrant for the violation of any provision of this section,
<br />as to a sale or gift of ardent spirits, it shall not be necessary to
<br />allege a sale or gift of ardent spirits to a particular person, and
<br />it shall be sufficient for the conviction of the accused to prove a
<br />sale or gift contrary to law, within one year prior to the issuance
<br />of such warrant.
<br />Sec. 490 (28) . Burden upon accused to prove exception.
<br />When, in any case prosecuted under this section, the accused
<br />claims the benefit of any exception under this section or the State
<br />law, the burden shall be upon him to prove that he comes within
<br />the exception.
<br />Sec. 490(29). Possession and use of ardent spirits in
<br />home—presumption where more than one gallon in
<br />home—home defined.
<br />Nothing in this section shall prevent one, in his own home,
<br />from having and there giving to another ardent spirits when the
<br />quantity of such ardent spirits is not enough to produce intoxica-
<br />tion and when the quantity of ardent spirits in the possession of
<br />the person giving it shall not exceed the quantity allowed by this
<br />section to be kept in his home, and such gift is in no wise a shift
<br />or device to evade the provisions of this section, but the word
<br />"home" as used herein shall be the permanent residence of the
<br />person and his family, not including .the curtalage or outbuild-
<br />ings, and shall not be construed to include a rooming house, a
<br />club, fraternity house, lodge, room or rooms or place of common
<br />resort, or room of a guest in a hotel or boarding house or apart-
<br />ment house.
<br />The possession by any person in his home of more than one
<br />gallon of distilled liquors, wine, or malt liquor at any one time,
<br />shall, in any prosecution under this section, be prima facie evi-
<br />dence that such person possess such ardent spirits for the pur-
<br />pose of sale, provided that it shall be lawful for any person to
<br />carry to his home any ardent spirits that have been lawfully de-
<br />livered to him by a druggist or physician.
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