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<br />GENERAL ORDINANCES 233
<br />CHAPTER XXXVIII.
<br />INTOXICATING LIQUORS.
<br />Sec. 490. Manufacture, transportation, sale, etc., of in-
<br />toxicating liquors.
<br />Sec. 490 (1) . Ardent spirits defined.
<br />The words ardent spirits, as used in this section shall be con-
<br />strued to embrace alcohol, brandy, whiskey, rum, gin, wine, por-
<br />ter, ale, beer, all malt liquors, all malt beverages, absinthe, and
<br />all compounds or mixtures of any of them, all compounds or mix-
<br />tures of anv of them with any vegetable or other substance, alco-
<br />holic bitters, bitters containing alcohol, also all liquids, mixtures,
<br />or preparations, whether patented or otherwise, which will pro-
<br />duce intoxication, fruits preserved in ardent spirits, and all bever-
<br />ages containing more than one-half of one percentum of alcohol
<br />by volume, except as herein provided.
<br />Sec. 490(2). Persons defined—commissioner defined.
<br />The word person as used in this section shall be construed to
<br />embrace all natural persons, firms, corporations, combinations and
<br />associations of every kind; and the word commissioner as used
<br />in this section shall be construed to mean the Attorney General
<br />of Virginia.
<br />Sec. 490(3). Manufacture, transportation, sale, use,
<br />etc., of ardent spirits restricted.
<br />It shall be unlawful for any person in this City to manufac-
<br />ture, transport, sell, keep or store for sale, offer, advertise, or ex-
<br />pose for sale, give away or dispense, or solicit in any way, or
<br />receive orders for or aid in procuring ardent spirits as herein-
<br />after provided.
<br />Sec. 490(4). Attempts, accessories, punishment.
<br />It shall be unlawful for any person to attempt to do any of
<br />the things prohibited by this section, and on a warrant for the
<br />violation of any provisions of this section the accused may be
<br />found guilty of an attempt, or of being an accessory, and the
<br />234 CHARLOTTESVILLE CITY CODE
<br />punishment shall be the same'as if the accused were solely guilty
<br />of such violation.
<br />Sec. 490(5). Penalties.
<br />Any person who shall violate any of the provisions of subsec-
<br />tions 3 and 4 of this section, except the manufacture of ardent
<br />spirits and any person, except a common carrier, who shall act
<br />as an agent or employee of such manufacturer or such seller, or
<br />person in so keeping, storing, offering or exposing for sale such
<br />ardent spirits, or act as the agent or employee of the purchaser
<br />in purchasing such ardent spirits, except as herein provided, shall
<br />be deemed guilty of a misdemeanor and punished as provided in
<br />subsection (6).
<br />Sec. 490(6). Penalties.
<br />Any person who shall violate any of the provisions of this
<br />section shall, upon conviction thereof, except in the case of manu-
<br />facturing ardents spirits be fined not less than $50.00 nor more
<br />than $500.00, and be confined in jail not less than one nor more
<br />than six months. Where, upon the trial of any charge of a viola-
<br />tion of this section, it shall appear to the court trying the case
<br />that there has been no intentional violation of any provision there-
<br />of, but an unintentional or inadvertent violation thereof, then
<br />such court shall not impose a jail sentence when there is no jury,
<br />and when there is a jury the court shall instruct the jury that
<br />they cannot impose a jail sentence. In case of conviction for
<br />manufacturing ardent spirits, the penalty shall be not less than
<br />$250.00 nor more than $500.00 and by sentence to work on the
<br />public roads of this State for not less than 6 months and not
<br />more than 24 months.
<br />Sec. 490 (7) . Sale, transportation, etc., permitted by
<br />law.
<br />Nothing in this section shall be construed to prevent any per-
<br />son from manufacturing, transporting, selling, keeping, storing
<br />or using ardent spirits, medicines containing alcohol, toilet, me-
<br />dicinal and antiseptic preparations and solutions, flavoring ex-
<br />tracts, and patent or proprietary medicines or preparations, where
<br />such is permitted under the provisions of Chapter 386 of the
<br />59
<br />GENERAL ORDINANCES 235
<br />Acts of 1918, and amendments thereto, or under the Act of Con-
<br />gress known as the "Volstead Act."
<br />Sec. 490(8). Unlawful to keep, etc., ardent spirits in
<br />clubhouse, etc., except in home.
<br />It shall be unlawful for ardent spirits to be received, delivered
<br />to, kept, sold, distributed, given away, or used in or at any club
<br />house, fraternity house, lodge, or meeting place, whether such
<br />meeting place is a house, room, car, or any place in any building,
<br />or in the open air, or in any place, whether of like kind or not,
<br />except in a bona fide "home" as hereinafter provided. Every
<br />person who shall directly or indirectly, or by association with
<br />others, keep or maintain or in any manner, aid, assist or abet in
<br />keeping or maintaining such club house, fraternity house, lodge,
<br />or meeting place of any corporation, association, or combination,
<br />or any place in which ardent spirits are received or kept for the
<br />purpose of use, gift, barter or sale, or for distribution or indi-
<br />vidual use, by means of lockers or otherwise, or for division
<br />among the members of any club, fraternity house, lodge, corpo-
<br />ration, association or combination by any means whatsoever;
<br />and every person who shall use, barter, sell, store, or give away,
<br />dispense, or assist or abet in bartering, selling, storing, or giving
<br />away in individual lockers or otherwise, any ardent spirits so re-
<br />ceived or kept, shall be deemed guilty of a misdemeanor, and in
<br />all cases the members, shareholders or guests in any club, fra-
<br />ternity, lodge, association, corporation or combination mentioned
<br />in this section, shall be competent witnesses to prove any viola-
<br />tion of the provisions of this subsection, or of any fact tending
<br />thereto.
<br />Sec. 490(9). Possession, sale, etc., of ardent spirits
<br />unlawful—possession, etc., in place reputed to be a
<br />house of prostitution whether a bona fide home or
<br />not, prohibited.
<br />It shall be unlawful to deliver to, receive in, keep, store, dis-
<br />l:ense, sell, or offer for sale, give away or use, or have in posses-
<br />sion ardent spirits in any place, except as provided in this sec-
<br />tion. It shall be unlawful to deliver to, receive in, keep, store,
<br />dispense, sell or offer for sale, give away or use, or have in pos-
<br />236 CHARLOTTESVILLE CITY CODE
<br />session ardent spirits in a place reputed to be a house of prosti-
<br />tution, whether said house be a bona fide home or not.
<br />Sec. 490(10). Devices to evade—how punished.
<br />The keeping, storing, or giving away of ardent spirits, or any
<br />shift, or device, whatever, to evade the provisions of this section,
<br />shall be deemed unlawful within the provisions of this section,
<br />and shall be punished as unlawful selling is punished.
<br />Sec. 490(11). Requiring stills to be registered and de-
<br />claring all unregistered stills contraband—proceed-
<br />ing upon seizure.
<br />It shall be unlawful for any person except duly licensed drug-
<br />gists, hospitals, and laboratories, in this City, to own or to have
<br />in his possession any still, still cap, worm, tub, fermenter, or any
<br />of them or any other appliance connected with a still and used,
<br />or mash, or other substances, capable of being used in the manti-
<br />facture of ardent spirits, unless such owner shall be registered
<br />with the commissioner and obtain from him a permit to own
<br />such still, as provided by the laws of Virginia, which permit
<br />shall be kept conspicuously posted at the place where such still
<br />is located. All stills in this City not registered under a permit as
<br />herein required and all mash or other products used in the opera-
<br />tion of such a still are hereby declared contraband and shall be
<br />subject to seizure by any officer charged with the enforcement
<br />of the law, which officer shall destroy all mash and other like
<br />products found at such still and used in the operation thereof and
<br />shall forthwith notify the commissioner and turn over to him all
<br />still caps, worms, tubs, fermenters and other appliances to be
<br />disposed of as required by this section.
<br />When any property is seized under this subsection, the officer
<br />making such seizure shall report the fact to the Commonwealth's
<br />Attorney of the City, who shall proceed for forfeiture of said
<br />property as provided for by Chapter 131 of the Code of Virginia
<br />1919 and amendments thereto except newspaper publication of
<br />notice of forfeiture shall not be necessary.
<br />Sec. 490 (12) . Ardent spirits and containers—contra-
<br />band—seizure—forfeiture—search warrants—pen-
<br />alty for false complaints.
<br />All ardent spirits and containers in which ardent spirits are
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