A. The Authority shall be governed by a Board of Directors, which shall consist of five citizens at large appointed by the Governor and confirmed by the affirmative vote of a majority of those voting in each house of the General Assembly. Each appointee shall (i) have been a resident of the Commonwealth for a period of at least three years next preceding his appointment, and his continued residency shall be a condition of his tenure in office; (ii) hold, at a minimum, a baccalaureate degree in business or a related field of study; and (iii) possess a minimum of seven years of demonstrated experience or expertise in the direct management, supervision, or control of a business or legal affairs. Appointees shall be subject to a background check in accordance with § 4.1-101.03.
B. After the initial staggering of terms, members shall be appointed for a term of five years. All members shall serve until their successors are appointed. Any appointment to fill a vacancy shall be for the unexpired term. No member appointed by the Governor shall be eligible to serve more than two consecutive terms; however, a member appointed to fill a vacancy may serve two additional consecutive terms. Members of the Board may be removed from office by the Governor for cause, including the improper use of its police powers, malfeasance, misfeasance, incompetence, misconduct, neglect of duty, absenteeism, conflict of interests, failure to carry out the policies of the Commonwealth as established in the Constitution or by the General Assembly, or refusal to carry out a lawful directive of the Governor.
C. The Governor shall appoint the chairman and vice-chairman of the Board from among the membership of the Board. The Board may elect other subordinate officers, who need not be members of the Board. The Board may also form committees and advisory councils, which may include representatives who are not members of the Board, to undertake more extensive study and discussion of the issues before the Board. A majority of the Board shall constitute a quorum for the transaction of the Authority's business, and no vacancy in the membership shall impair the right of a quorum to exercise the rights and perform all duties of the Authority.
D. The Board shall meet at least every 60 days for the transaction of its business. Special meetings may be held at any time upon the call of the chairman of the Board or the Chief Executive Officer or upon the written request of a majority of the Board members.
E. Members of the Board shall receive annually such salary, compensation, and reimbursement of expenses for the performance of their official duties as set forth in the general appropriation act for members of the House of Delegates when the General Assembly is not in session, except that the chairman of the Board shall receive annually such salary, compensation, and reimbursement of expenses for the performance of his official duties as set forth in the general appropriation act for a member of the Senate of Virginia when the General Assembly is not in session.
F. The provisions of the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.) shall apply to the members of the Board, the Chief Executive Officer of the Authority, and the employees of the Authority.
2015, cc. 38, 730; 2017, cc. 698, 707.
Structure Code of Virginia
Title 4.1 - Alcoholic Beverage and Cannabis Control
Chapter 1 - Definitions and General Provisions
§ 4.1-101. Virginia Alcoholic Beverage Control Authority created; public purpose
§ 4.1-101.01. Board of Directors; membership; terms; compensation
§ 4.1-101.03. Background investigations of Board members and Chief Executive Officer
§ 4.1-101.04. Financial interests of Board, employees, and family members prohibited
§ 4.1-101.05. Employees of the Authority
§ 4.1-101.06. Moneys of Authority
§ 4.1-101.07. Forms of accounts and records; audit; annual report
§ 4.1-101.08. Leases of property
§ 4.1-101.09. Exemptions from taxes or assessments
§ 4.1-101.011. Reversion to the Commonwealth
§ 4.1-103. General powers of Board
§ 4.1-103.01. Additional powers; access to certain tobacco sales records; inspections; penalty
§ 4.1-103.03. Additional powers; mediation; alternative dispute resolution; confidentiality
§ 4.1-103.1. Criminal history records check required on certain employees; reimbursement of costs
§ 4.1-104. Purchases by the Board
§ 4.1-105. Police power of members, agents and employees of Board
§ 4.1-106. Liability of Board members; suits by and against Board
§ 4.1-107. Counsel for members, agents and employees of Board
§ 4.1-108. Hearings; representation by counsel
§ 4.1-109. Hearings; allowances to witnesses
§ 4.1-110. Purchase orders of Board for alcoholic beverages
§ 4.1-111. Regulations of Board
§ 4.1-112. Regulations relating to transportation of beer and wine coolers
§ 4.1-112.2. Outdoor advertising; limitations; variances; compliance with Title 33.2
§ 4.1-113. Board not to regulate certain advertising in the interiors of retail establishments
§ 4.1-113.1. Outdoor advertising; compliance with Title 33.2
§ 4.1-114. Annual review of operations of certain mixed beverage licensees
§ 4.1-115. Reports and accounting systems of Board; auditing books and records
§ 4.1-116. Disposition of moneys collected by Board; creation of Enterprise Fund; reserve fund
§ 4.1-117. Disposition of net profits to localities
§ 4.1-118. Certain information not to be made public
§ 4.1-119. (Effective until July 1, 2024) Operation of government stores
§ 4.1-119. (Effective July 1, 2024) Operation of government stores
§ 4.1-119.1. Human trafficking hotline; posted notice required
§ 4.1-120. When government stores closed
§ 4.1-121. Referendum on establishment of government stores
§ 4.1-122. Effect of local option referenda
§ 4.1-123. Referendum on Sunday wine and beer sales; exception
§ 4.1-124. Referendum on the sale of mixed beverages
§ 4.1-125. Section 4.1-124 applicable to certain towns
§ 4.1-127. Contests of local option referenda
§ 4.1-128. Local ordinances or resolutions regulating or taxing alcoholic beverages
§ 4.1-129. Local ordinances regulating time of sale of wine and beer
§ 4.1-131. Importation of beverages under customs bonds and holding in warehouses; release
§ 4.1-133. Bailment system of warehousing; prohibited fees and charges