The Board shall refuse to grant any:
1. Wholesale beer or wine license to any person, unless such person has established or will establish a place or places of business within the Commonwealth at which will be received and from which will be distributed all alcoholic beverages sold by such person in the Commonwealth. However, in special circumstances, the Board, subject to any regulations it may adopt, may permit alcoholic beverages to be received into or distributed from places other than established places of business.
2. Wholesale beer license or wholesale wine license to any entity that is owned, in whole or in part, by any manufacturer of alcoholic beverages, any subsidiary or affiliate of such manufacturer, or any person under common control with such manufacturer. This subdivision, however, shall not apply to (i) any applicant for a wholesale beer or wine license filed pursuant to subdivision B 3 b of § 4.1-216 or (ii) the nonprofit, nonstock corporation established pursuant to subdivision B 2 of § 3.2-102 in exercising any privileges granted under subdivision 3 of § 4.1-206.2.
As used in this subdivision, the term "manufacturer" includes any person (i) who brews, vinifies, or distills alcoholic beverages for sale or (ii) engaging in business as a contract brewer, winery, or distillery that owns alcoholic beverage product brand rights, but arranges the manufacture of such products by another person.
3. Mixed beverage license if the Board determines that in the licensed establishment there (i) is entertainment of a lewd, obscene or lustful nature including what is commonly called stripteasing, topless entertaining, and the like, or which has employees who are not clad both above and below the waist, or who uncommonly expose the body or (ii) are employees who solicit the sale of alcoholic beverages.
4. Wholesale wine license until the applicant has filed with the Board a bond payable to the Commonwealth, in a sum not to exceed $10,000, upon a form approved by the Board, signed by the applicant or licensee and a surety company authorized to do business in the Commonwealth as surety, and conditioned upon such person's (i) securing wine only in a manner provided by law, (ii) remitting to the Board the proper tax thereon, (iii) keeping such records as may be required by law or Board regulations, and (iv) abiding by such other laws or Board regulations relative to the handling of wine by wholesale wine licensees. The Board may waive the requirement of both the surety and the bond in cases where the wholesaler has previously demonstrated his financial responsibility.
5. Mixed beverage license to any member, agent, or employee of the Board or to any corporation or other business entity in which such member, agent or employee is a stockholder or has any other economic interest.
Whenever any other elective or appointive official of the Commonwealth or any political subdivision thereof applies for such a license or continuance thereof, he shall state on the application the official position he holds, and whenever a corporation or other business entity in which any such official is a stockholder or has any other economic interests applies for such a license, it shall state on the application the full economic interest of each such official in such corporation or other business entity.
6. License authorized by this chapter until the license tax required by § 4.1-231.1 is paid to the Board.
Code 1950, § 4-31; 1954, c. 301; 1956, c. 523; 1968, c. 7, §§ 4-98.9, 4-98.17; 1972, cc. 178, 525; 1974, cc. 267, 548; 1975, c. 413; 1976, cc. 67, 698; 1978, c. 446; 1980, c. 299; 1982, c. 66; 1984, c. 703; 1986, cc. 94, 615; 1989, c. 311; 1990, c. 727; 1992, c. 161; 1993, c. 866; 2000, c. 823; 2007, cc. 870, 932; 2012, cc. 803, 835; 2020, cc. 1113, 1114.
Structure Code of Virginia
Title 4.1 - Alcoholic Beverage and Cannabis Control
Chapter 2 - Administration of Licenses
§ 4.1-200. Exemptions from licensure
§ 4.1-201. Conduct not prohibited by this subtitle; limitation
§ 4.1-202. To whom privileges conferred by licenses extend; liability for violations of law
§ 4.1-203.1. Managers of licensed retail establishments
§ 4.1-206.1. (Effective until July 1, 2024) Manufacturer licenses
§ 4.1-206.1. (Effective July 1, 2024) Manufacturer licenses
§ 4.1-206.2. Wholesale licenses
§ 4.1-206.3. (Effective until July 1, 2024) Retail licenses
§ 4.1-206.3. (Effective July 1, 2024) Retail licenses
§ 4.1-209. Wine and beer license privileges; advertising; tastings
§ 4.1-209.1. Direct shipment of wine and beer; shipper's license
§ 4.1-212. Permits required in certain instances
§ 4.1-212.1. (Effective until July 1, 2024) Delivery of wine and beer; kegs; regulations of Board
§ 4.1-212.1. (Effective July 1, 2024) Delivery of wine and beer; kegs; regulations of Board
§ 4.1-212.2. Third-party deliveries; limitations; penalties
§ 4.1-213. Manufacture and sale of cider
§ 4.1-214. Limitations on licenses; sale outside the Commonwealth
§ 4.1-215. Limitation on manufacturers, bottlers, and wholesalers; exemptions
§ 4.1-217. Limitation on brewery licenses
§ 4.1-218. Limitation on wine and beer importers
§ 4.1-219. Limitation on Class A and Class B farm wineries
§ 4.1-221. (Effective until July 1, 2024) Limitation on mixed beverage licensees; exceptions
§ 4.1-221. (Effective July 1, 2024) Limitation on mixed beverage licensees; exceptions
§ 4.1-221.1. Limitation of tasting licenses
§ 4.1-222. Conditions under which Board may refuse to grant licenses
§ 4.1-223. Conditions under which Board shall refuse to grant licenses
§ 4.1-224. Notice and hearings for refusal to grant licenses; Administrative Process Act; exceptions
§ 4.1-225. Grounds for which Board may suspend or revoke licenses
§ 4.1-225.1. Summary suspension in emergency circumstances; grounds; notice and hearing
§ 4.1-226. Grounds for which Board shall suspend or revoke licenses
§ 4.1-227. Suspension or revocation of licenses; notice and hearings; imposition of penalties
§ 4.1-228. Suspension or revocation; disposition of beverages on hand; termination
§ 4.1-229. Suspension or revocation of permits; grounds; notice and hearing; exception
§ 4.1-230. Applications for licenses; publication; notice to localities; fees; permits
§ 4.1-231.1. Fees on state licenses
§ 4.1-232. Refund of state license tax
§ 4.1-233.1. Fees on local licenses
§ 4.1-234. Tax on wine and other alcoholic beverages; exceptions
§ 4.1-236. Excise tax on beer and wine coolers; payment of tax; exceptions
§ 4.1-237. Refund and adjustments on excise tax on beer and wine coolers