{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-123.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-123.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-123.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-123.html"}],"law_id":82559,"edition_id":1,"section_id":82559,"structure_id":13259,"section_number":"4.1-123","catch_line":"Referendum on Sunday wine and beer sales; exception","history":"1979, c. 621, \u00a7 4-96.3; 1980, c. 543; 1993, c. 866; 2001, cc. 594, 783; 2007, c. 813.","full_text":"A\n\nEither the qualified voters or the governing body of any county, city, town, or supervisor’s election district of a county may file a petition with the circuit court of the county or city or of the county wherein the town or the greater part thereof is situated asking that a referendum be held on the question of whether the sale of beer and wine on Sunday should be permitted within that jurisdiction. The petition of voters shall be signed by qualified voters equal in number to at least ten percent of the number registered in the jurisdiction on January 1 preceding its filing or at least 100 qualified voters, whichever is greater. Upon the filing of a petition, the court shall order the election officials of the county, city, or town, on the date fixed in the order, to conduct a referendum on the question. The clerk of the circuit court shall publish notice of the referendum in a newspaper of general circulation in the county, city, or town once a week for three consecutive weeks prior to the referendum.\n\t\t\tThe question on the ballot shall be:\n\t\t\t“Shall the sale of wine and beer between the hours of twelve o’clock p.m. on each Saturday and six o’clock a.m. on each Monday be permitted in _______________ (name of county, city, town, or supervisor’s election district of the county)?”\n\t\t\tThe referendum shall be ordered and held and the results certified as provided in § 24.2-684. Thereupon the court shall enter of record an order certified by the clerk of the court to be transmitted to the Board and to the governing body of the county, city, or town.\n\t\t\tNotwithstanding an ordinance adopted pursuant to § 4.1-129, an affirmative majority vote on the question shall be binding on the governing body of the county, city, or town, and the governing body shall take all actions required of it to legalize such Sunday sales.B\n\nNotwithstanding the provisions of subsection A or § 4.1-129, where property that constitutes a farm winery lies within, or abuts, the boundaries of Floyd and Patrick Counties, the retail sale of wine by the farm winery licensee in the county that restricts the sale of wine and beer shall be allowed at one fixed location on a parcel of land that contains all or part of the licensee’s producing vineyard and the licensee’s vinification facilities.\n\t\t\tThe Board may refuse to allow such licensee the exercise of his retail sales privilege in the county restricting the Sunday sale of wine and beer if the Board determines, after giving the licensee notice and a hearing, that (i) the owner of the farm winery had actual knowledge that the vinification facilities and all or part of the producing vineyard were going to be located in the county restricting the sale of wine and beer prior to construction of the vinification facilities or (ii) the primary business purpose of the farm winery licensee is to engage in the retail sale of wine in such county rather than the business of a farm winery.\n\t\t\tNothing in this subsection shall apply to a farm winery licensee that has a retail establishment for the sale of its wine in the county adjoining the county that restricts the Sunday sale of wine and beer if the retail establishment is within one-half mile of the farm winery’s vinification facilities.","order_by":null,"text":{"0":{"id":295796,"text":"Either the qualified voters or the governing body of any county, city, town, or supervisor’s election district of a county may file a petition with the circuit court of the county or city or of the county wherein the town or the greater part thereof is situated asking that a referendum be held on the question of whether the sale of beer and wine on Sunday should be permitted within that jurisdiction. The petition of voters shall be signed by qualified voters equal in number to at least ten percent of the number registered in the jurisdiction on January 1 preceding its filing or at least 100 qualified voters, whichever is greater. Upon the filing of a petition, the court shall order the election officials of the county, city, or town, on the date fixed in the order, to conduct a referendum on the question. The clerk of the circuit court shall publish notice of the referendum in a newspaper of general circulation in the county, city, or town once a week for three consecutive weeks prior to the referendum.\n\t\t\tThe question on the ballot shall be:\n\t\t\t“Shall the sale of wine and beer between the hours of twelve o’clock p.m. on each Saturday and six o’clock a.m. on each Monday be permitted in _______________ (name of county, city, town, or supervisor’s election district of the county)?”\n\t\t\tThe referendum shall be ordered and held and the results certified as provided in § 24.2-684. Thereupon the court shall enter of record an order certified by the clerk of the court to be transmitted to the Board and to the governing body of the county, city, or town.\n\t\t\tNotwithstanding an ordinance adopted pursuant to § 4.1-129, an affirmative majority vote on the question shall be binding on the governing body of the county, city, or town, and the governing body shall take all actions required of it to legalize such Sunday sales.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":295797,"text":"Notwithstanding the provisions of subsection A or § 4.1-129, where property that constitutes a farm winery lies within, or abuts, the boundaries of Floyd and Patrick Counties, the retail sale of wine by the farm winery licensee in the county that restricts the sale of wine and beer shall be allowed at one fixed location on a parcel of land that contains all or part of the licensee’s producing vineyard and the licensee’s vinification facilities.\n\t\t\tThe Board may refuse to allow such licensee the exercise of his retail sales privilege in the county restricting the Sunday sale of wine and beer if the Board determines, after giving the licensee notice and a hearing, that (i) the owner of the farm winery had actual knowledge that the vinification facilities and all or part of the producing vineyard were going to be located in the county restricting the sale of wine and beer prior to construction of the vinification facilities or (ii) the primary business purpose of the farm winery licensee is to engage in the retail sale of wine in such county rather than the business of a farm winery.\n\t\t\tNothing in this subsection shall apply to a farm winery licensee that has a retail establishment for the sale of its wine in the county adjoining the county that restricts the Sunday sale of wine and beer if the retail establishment is within one-half mile of the farm winery’s vinification facilities.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13259,"edition_id":1,"name":"Definitions and General Provisions","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":13130,"metadata":{},"date_created":"2026-06-26 03:44:31","date_modified":"2026-06-26 03:44:31","permalink":{"id":218573,"object_type":"structure","relational_id":13259,"identifier":"1","token":"4.1\/I\/1","url":"\/4.1\/I\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13130,"edition_id":1,"name":"Alcoholic Beverage Control Act","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":13129,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":218571,"object_type":"structure","relational_id":13130,"identifier":"I","token":"4.1\/I","url":"\/4.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13129,"edition_id":1,"name":"Alcoholic Beverage and Cannabis Control","identifier":"4.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":218569,"object_type":"structure","relational_id":13129,"identifier":"4.1","token":"4.1","url":"\/4.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55602,"structure_id":13259,"section_number":"4.1-100","catch_line":"Definitions","url":"\/4.1-100\/","token":"4.1\/I\/1\/4.1-100","metadata":false},{"id":54605,"structure_id":13259,"section_number":"4.1-101","catch_line":"Virginia Alcoholic Beverage Control Authority created; 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limitations; variances; compliance with Title 33.2","url":"\/4.1-112.2\/","token":"4.1\/I\/1\/4.1-112.2","metadata":false},{"id":84178,"structure_id":13259,"section_number":"4.1-113","catch_line":"Board not to regulate certain advertising in the interiors of retail establishments","url":"\/4.1-113\/","token":"4.1\/I\/1\/4.1-113","metadata":false},{"id":85335,"structure_id":13259,"section_number":"4.1-113.1","catch_line":"Outdoor advertising; compliance with Title 33.2","url":"\/4.1-113.1\/","token":"4.1\/I\/1\/4.1-113.1","metadata":false},{"id":81493,"structure_id":13259,"section_number":"4.1-114","catch_line":"Annual review of operations of certain mixed beverage licensees","url":"\/4.1-114\/","token":"4.1\/I\/1\/4.1-114","metadata":false},{"id":68919,"structure_id":13259,"section_number":"4.1-115","catch_line":"Reports and accounting systems of Board; auditing books and records","url":"\/4.1-115\/","token":"4.1\/I\/1\/4.1-115","metadata":false},{"id":59758,"structure_id":13259,"section_number":"4.1-116","catch_line":"Disposition of moneys collected by Board; creation of Enterprise Fund; reserve fund","url":"\/4.1-116\/","token":"4.1\/I\/1\/4.1-116","metadata":false},{"id":65028,"structure_id":13259,"section_number":"4.1-117","catch_line":"Disposition of net profits to localities","url":"\/4.1-117\/","token":"4.1\/I\/1\/4.1-117","metadata":false},{"id":80535,"structure_id":13259,"section_number":"4.1-118","catch_line":"Certain information not to be made public","url":"\/4.1-118\/","token":"4.1\/I\/1\/4.1-118","metadata":false},{"id":77346,"structure_id":13259,"section_number":"4.1-119","catch_line":"Operation of government stores","url":"\/4.1-119\/","token":"4.1\/I\/1\/4.1-119","metadata":false},{"id":76836,"structure_id":13259,"section_number":"4.1-119.1","catch_line":"Human trafficking hotline; posted notice required","url":"\/4.1-119.1\/","token":"4.1\/I\/1\/4.1-119.1","metadata":false},{"id":59854,"structure_id":13259,"section_number":"4.1-120","catch_line":"When government stores closed","url":"\/4.1-120\/","token":"4.1\/I\/1\/4.1-120","metadata":false},{"id":67331,"structure_id":13259,"section_number":"4.1-121","catch_line":"Referendum on establishment of government stores","url":"\/4.1-121\/","token":"4.1\/I\/1\/4.1-121","metadata":false},{"id":82996,"structure_id":13259,"section_number":"4.1-122","catch_line":"Effect of local option referenda","url":"\/4.1-122\/","token":"4.1\/I\/1\/4.1-122","metadata":false},{"id":82559,"structure_id":13259,"section_number":"4.1-123","catch_line":"Referendum on Sunday wine and beer sales; exception","url":"\/4.1-123\/","token":"4.1\/I\/1\/4.1-123","metadata":false},{"id":70468,"structure_id":13259,"section_number":"4.1-124","catch_line":"Referendum on the sale of mixed beverages","url":"\/4.1-124\/","token":"4.1\/I\/1\/4.1-124","metadata":false},{"id":73204,"structure_id":13259,"section_number":"4.1-125","catch_line":"Section 4.1-124 applicable to certain towns","url":"\/4.1-125\/","token":"4.1\/I\/1\/4.1-125","metadata":false},{"id":55386,"structure_id":13259,"section_number":"4.1-126","catch_line":"Repealed","url":"\/4.1-126\/","token":"4.1\/I\/1\/4.1-126","metadata":false},{"id":86921,"structure_id":13259,"section_number":"4.1-127","catch_line":"Contests of local option referenda","url":"\/4.1-127\/","token":"4.1\/I\/1\/4.1-127","metadata":false},{"id":76354,"structure_id":13259,"section_number":"4.1-128","catch_line":"Local ordinances or resolutions regulating or taxing alcoholic beverages","url":"\/4.1-128\/","token":"4.1\/I\/1\/4.1-128","metadata":false},{"id":58360,"structure_id":13259,"section_number":"4.1-129","catch_line":"Local ordinances regulating time of sale of wine and beer","url":"\/4.1-129\/","token":"4.1\/I\/1\/4.1-129","metadata":false},{"id":69875,"structure_id":13259,"section_number":"4.1-130","catch_line":"Importation of beverages not under customs or internal revenue bonds; 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This law was first created in 1979. The record of its establishment is cataloged in chapter 621 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1980, chapter 543; in 1993, chapter 866; in 2001, chapters 594<\/a> and 783<\/a>; in 2007, chapter 813<\/a>.<\/p>","references":[{"id":86921,"section_number":"4.1-127","catch_line":"Contests of local option referenda","order_by":null,"url":"\/4.1-127\/"}],"refers_to":[{"id":82479,"section_number":"24.2-684","catch_line":"How referendum elections called and held, and the results ascertained and certified","order_by":null,"url":"\/24.2-684\/"},{"id":58360,"section_number":"4.1-129","catch_line":"Local ordinances regulating time of sale of wine and beer","order_by":null,"url":"\/4.1-129\/"}],"permalink":{"id":218747,"object_type":"law","relational_id":82559,"identifier":"4.1-123","token":"4.1\/I\/1\/4.1-123","url":"\/4.1-123\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-123\/","token":"4.1\/I\/1\/4.1-123","dublin_core":{"Title":"Referendum on Sunday wine and beer sales; exception","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-123","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Either the qualified voters or the governing body of any county, city, town, or supervisor’s election district of a county may file a petition<\/span> with the circuit<\/span> court<\/span> of the county or city or of the county wherein the town or the greater part thereof is situated asking that a referendum<\/span> be held on the question of whether the sale<\/span> of beer<\/span> and wine<\/span> on Sunday should be permitted within that jurisdiction<\/span>. The petition<\/span> of voters shall be signed by qualified voters equal in number to at least ten percent of the number registered in the jurisdiction<\/span> on January 1 preceding its filing or at least 100 qualified voters, whichever is greater. Upon the filing of a petition<\/span>, the court<\/span> shall order<\/span> the election officials of the county, city, or town, on the date fixed in the order<\/span>, to conduct a referendum<\/span> on the question. The clerk of the circuit<\/span> court<\/span> shall publish notice of the referendum<\/span> in a newspaper of general circulation in the county, city, or town once a week for three consecutive weeks prior to the referendum<\/span>.\n\t\t\tThe question on the ballot shall be:\n\t\t\t“Shall the sale<\/span> of wine<\/span> and beer<\/span> between the hours of twelve o’clock p.m. on each Saturday and six o’clock a.m. on each Monday be permitted in _______________ (name of county, city, town, or supervisor’s election district of the county)?”\n\t\t\tThe referendum<\/span> shall be ordered and held and the results certified as provided in § 24.2-684<\/a>. Thereupon the court<\/span> shall enter of record an order<\/span> certified by the clerk of the court<\/span> to be transmitted to the Board<\/span> and to the governing body of the county, city, or town.\n\t\t\tNotwithstanding an ordinance<\/span> adopted pursuant to § 4.1-129<\/a>, an affirmative majority vote on the question shall be binding on the governing body of the county, city, or town, and the governing body shall take all actions required of it to legalize such Sunday sales<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the provisions of subsection A or § 4.1-129<\/a>, where property that constitutes a farm winery<\/span> lies within, or abuts, the boundaries of Floyd and Patrick Counties, the retail sale<\/span> of wine<\/span> by the farm winery<\/span> licensee<\/span> in the county that restricts the sale<\/span> of wine<\/span> and beer<\/span> shall be allowed at one fixed location on a parcel of land that contains all or part of the licensee<\/span>’s producing vineyard and the licensee<\/span>’s vinification facilities.\n\t\t\tThe Board<\/span> may refuse to allow such licensee<\/span> the exercise of his retail sales<\/span> privilege<\/span> in the county restricting the Sunday sale<\/span> of wine<\/span> and beer<\/span> if the Board<\/span> determines, after giving the licensee<\/span> notice and a hearing<\/span>, that (i) the owner of the farm winery<\/span> had actual knowledge that the vinification facilities and all or part of the producing vineyard were going to be located in the county restricting the sale<\/span> of wine<\/span> and beer<\/span> prior to construction of the vinification facilities or (ii) the primary business purpose of the farm winery<\/span> licensee<\/span> is to engage in the retail sale<\/span> of wine<\/span> in such county rather than the business of a farm winery<\/span>.\n\t\t\tNothing in this subsection shall apply to a farm winery<\/span> licensee<\/span> that has a retail establishment<\/span> for the sale<\/span> of its wine<\/span> in the county adjoining the county that restricts the Sunday sale<\/span> of wine<\/span> and beer<\/span> if the retail establishment<\/span> is within one-half mile of the farm winery<\/span>’s vinification facilities. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREFERENDUM ON SUNDAY WINE AND BEER SALES; EXCEPTION (\u00a7 4.1-123)\n\nA. Either the qualified voters or the governing body of any county, city, town,\nor supervisor’s election district of a county may file a petition with the\ncircuit court of the county or city or of the county wherein the town or the\ngreater part thereof is situated asking that a referendum be held on the\nquestion of whether the sale of beer and wine on Sunday should be permitted\nwithin that jurisdiction. The petition of voters shall be signed by qualified\nvoters equal in number to at least ten percent of the number registered in the\njurisdiction on January 1 preceding its filing or at least 100 qualified voters,\nwhichever is greater. Upon the filing of a petition, the court shall order the\nelection officials of the county, city, or town, on the date fixed in the order,\nto conduct a referendum on the question. The clerk of the circuit court shall\npublish notice of the referendum in a newspaper of general circulation in the\ncounty, city, or town once a week for three consecutive weeks prior to the\nreferendum.\n\t\t\tThe question on the ballot shall be:\n\t\t\t“Shall the sale of wine and beer between the hours of twelve\no’clock p.m. on each Saturday and six o’clock a.m. on each Monday be\npermitted in _______________ (name of county, city, town, or supervisor’s\nelection district of the county)?”\n\t\t\tThe referendum shall be ordered and held and the results certified as\nprovided in § 24.2-684. Thereupon the court shall enter of record an order\ncertified by the clerk of the court to be transmitted to the Board and to the\ngoverning body of the county, city, or town.\n\t\t\tNotwithstanding an ordinance adopted pursuant to § 4.1-129, an\naffirmative majority vote on the question shall be binding on the governing body\nof the county, city, or town, and the governing body shall take all actions\nrequired of it to legalize such Sunday sales.\n\nB. Notwithstanding the provisions of subsection A or § 4.1-129, where\nproperty that constitutes a farm winery lies within, or abuts, the boundaries of\nFloyd and Patrick Counties, the retail sale of wine by the farm winery licensee\nin the county that restricts the sale of wine and beer shall be allowed at one\nfixed location on a parcel of land that contains all or part of the\nlicensee’s producing vineyard and the licensee’s vinification\nfacilities.\n\t\t\tThe Board may refuse to allow such licensee the exercise of his retail sales\nprivilege in the county restricting the Sunday sale of wine and beer if the\nBoard determines, after giving the licensee notice and a hearing, that (i) the\nowner of the farm winery had actual knowledge that the vinification facilities\nand all or part of the producing vineyard were going to be located in the county\nrestricting the sale of wine and beer prior to construction of the vinification\nfacilities or (ii) the primary business purpose of the farm winery licensee is\nto engage in the retail sale of wine in such county rather than the business of\na farm winery.\n\t\t\tNothing in this subsection shall apply to a farm winery licensee that has a\nretail establishment for the sale of its wine in the county adjoining the county\nthat restricts the Sunday sale of wine and beer if the retail establishment is\nwithin one-half mile of the farm winery’s vinification facilities.\n\nHISTORY: 1979, c. 621, \u00a7 4-96.3; 1980, c. 543; 1993, c. 866; 2001, cc. 594,\n783; 2007, c. 813.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}