{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-124.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-124.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-124.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-124.html"}],"law_id":70468,"edition_id":1,"section_id":70468,"structure_id":13259,"section_number":"4.1-124","catch_line":"Referendum on the sale of mixed beverages","history":"1968, c. 7, \u00a7\u00a7 4-98.12, 4-98.13; 1975, c. 517; 1979, c. 199; 1982, c. 31; 1985, c. 551; 1986, c. 70; 1988, c. 156; 1991, c. 690; 1993, c. 866; 1995, c. 177; 1997, c. 126; 2011, c. 560; 2015, cc. 38, 730; 2019, cc. 37, 178; 2020, cc. 1113, 1114.","full_text":"A\n\nThe provisions of this subtitle relating to the sale of mixed beverages shall be effective in any town, county, or supervisor’s election district of a county unless a majority of the voters voting in a referendum vote “Yes” on the question of whether the sale of mixed alcoholic beverages by restaurants licensed under this subtitle should be prohibited. The qualified voters of a town, county, or supervisor’s election district of a county may file a petition with the circuit court of the county asking that a referendum be held on the question of whether the sale of mixed beverages by restaurants licensed by the Board should be prohibited within that jurisdiction. The petition shall be signed by qualified voters equal in number to at least 10 percent of the number registered in the town, county, or supervisor’s election district on January 1 preceding its filing or at least 100 qualified voters, whichever is greater.\n\t\t\tPetition requirements for any county shall be based on the number of registered voters in the county, including the number of registered voters in any town having a population in excess of 1,000 located within such county. Upon the filing of a petition, and under no other circumstances, the court shall order the election officials of the county to conduct a referendum on the question.\n\t\t\tThe clerk of the circuit court of the county shall publish notice of the referendum in a newspaper of general circulation in the town, county, or supervisor’s election district 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 mixed alcoholic beverages by restaurants licensed by the Virginia Alcoholic Beverage Control Authority be prohibited in __________ (name of town, county, or supervisor’s election district of county)?”\n\t\t\tThe referendum shall be ordered and held and the results certified as provided in Article 5 (§ 24.2-681 et seq.) of Chapter 6 of Title 24.2. 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 town or county. Mixed beverages prohibited from sale by such referendum shall not be sold by restaurants within the town, county, or supervisor’s election district of a county on or after 30 days following the entry of the order if a majority of the voters voting in the referendum have voted “Yes.”\n\t\t\tThe provisions of this section shall be applicable to towns having a population in excess of 1,000 to the same extent and subject to the same conditions and limitations as are otherwise applicable to counties under this section. Such towns shall be treated as separate local option units, and only residents of any such town shall be eligible to vote in any referendum held pursuant to this section for any such town. Residents of towns having a population in excess of 1,000, however, shall also be eligible to vote in any referendum held pursuant to this section for any county in which the town is located.\n\t\t\tNotwithstanding the provisions of this section, the sale of mixed beverages by restaurants shall be prohibited in any town created as a result of a city-to-town reversion pursuant to Chapter 41 (§ 15.2-4100 et seq.) of Title 15.2 if a referendum on the question of whether the sale of mixed beverages by restaurants licensed under this subtitle should be prohibited was previously held in the former city and a majority of the voters voting in such referendum voted “Yes.”B\n\nOnce a referendum has been held, no other referendum on the same question shall be held in the town, county, or supervisor’s election district of a county for a period of 23 months.C\n\nNotwithstanding the provisions of subsection A, the sale of mixed beverages shall be allowed on property dedicated for industrial or commercial development and controlled through the provision of public utilities and covenanting of the land by any multijurisdictional industrial development authority, as set forth under Chapter 49 (§ 15.2-4900 et seq.) of Title 15.2, provided that (i) such authority operates under a partnership agreement between three or more counties, cities, or towns and such jurisdictions participate administratively and financially in the authority and (ii) the sale of mixed beverages is permitted in one of the member counties, cities, towns, or a supervisor’s election district of one of the counties and that the governing board of the authority authorizes an establishment located within the confines of such property to apply to the Board for such license. The appropriate license fees shall be paid for this privilege.D\n\nNotwithstanding the provisions of subsection A of this section and subsection C of § 4.1-122, the sale of mixed beverages by licensees, and the sale of alcoholic beverages other than beer and wine not produced by farm wineries by the Board, shall be allowed in any city in the Commonwealth.E\n\nNotwithstanding the provisions of subsection A, the Board may grant a mixed beverage restaurant license to a restaurant located on the premises of and operated by a private club exclusively for its members and their guests, subject to the qualifications and restrictions on the issuance of such license imposed by § 4.1-206.3. However, no license authorized by this subsection shall be granted if the private club restricts its membership on the basis of race, color, creed, national origin, or sex.","order_by":null,"text":{"0":{"id":254301,"text":"The provisions of this subtitle relating to the sale of mixed beverages shall be effective in any town, county, or supervisor’s election district of a county unless a majority of the voters voting in a referendum vote “Yes” on the question of whether the sale of mixed alcoholic beverages by restaurants licensed under this subtitle should be prohibited. The qualified voters of a town, county, or supervisor’s election district of a county may file a petition with the circuit court of the county asking that a referendum be held on the question of whether the sale of mixed beverages by restaurants licensed by the Board should be prohibited within that jurisdiction. The petition shall be signed by qualified voters equal in number to at least 10 percent of the number registered in the town, county, or supervisor’s election district on January 1 preceding its filing or at least 100 qualified voters, whichever is greater.\n\t\t\tPetition requirements for any county shall be based on the number of registered voters in the county, including the number of registered voters in any town having a population in excess of 1,000 located within such county. Upon the filing of a petition, and under no other circumstances, the court shall order the election officials of the county to conduct a referendum on the question.\n\t\t\tThe clerk of the circuit court of the county shall publish notice of the referendum in a newspaper of general circulation in the town, county, or supervisor’s election district 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 mixed alcoholic beverages by restaurants licensed by the Virginia Alcoholic Beverage Control Authority be prohibited in __________ (name of town, county, or supervisor’s election district of county)?”\n\t\t\tThe referendum shall be ordered and held and the results certified as provided in Article 5 (§ 24.2-681 et seq.) of Chapter 6 of Title 24.2. 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 town or county. Mixed beverages prohibited from sale by such referendum shall not be sold by restaurants within the town, county, or supervisor’s election district of a county on or after 30 days following the entry of the order if a majority of the voters voting in the referendum have voted “Yes.”\n\t\t\tThe provisions of this section shall be applicable to towns having a population in excess of 1,000 to the same extent and subject to the same conditions and limitations as are otherwise applicable to counties under this section. Such towns shall be treated as separate local option units, and only residents of any such town shall be eligible to vote in any referendum held pursuant to this section for any such town. Residents of towns having a population in excess of 1,000, however, shall also be eligible to vote in any referendum held pursuant to this section for any county in which the town is located.\n\t\t\tNotwithstanding the provisions of this section, the sale of mixed beverages by restaurants shall be prohibited in any town created as a result of a city-to-town reversion pursuant to Chapter 41 (§ 15.2-4100 et seq.) of Title 15.2 if a referendum on the question of whether the sale of mixed beverages by restaurants licensed under this subtitle should be prohibited was previously held in the former city and a majority of the voters voting in such referendum voted “Yes.”","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":254302,"text":"Once a referendum has been held, no other referendum on the same question shall be held in the town, county, or supervisor’s election district of a county for a period of 23 months.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":254303,"text":"Notwithstanding the provisions of subsection A, the sale of mixed beverages shall be allowed on property dedicated for industrial or commercial development and controlled through the provision of public utilities and covenanting of the land by any multijurisdictional industrial development authority, as set forth under Chapter 49 (§ 15.2-4900 et seq.) of Title 15.2, provided that (i) such authority operates under a partnership agreement between three or more counties, cities, or towns and such jurisdictions participate administratively and financially in the authority and (ii) the sale of mixed beverages is permitted in one of the member counties, cities, towns, or a supervisor’s election district of one of the counties and that the governing board of the authority authorizes an establishment located within the confines of such property to apply to the Board for such license. The appropriate license fees shall be paid for this privilege.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":254304,"text":"Notwithstanding the provisions of subsection A of this section and subsection C of § 4.1-122, the sale of mixed beverages by licensees, and the sale of alcoholic beverages other than beer and wine not produced by farm wineries by the Board, shall be allowed in any city in the Commonwealth.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":254305,"text":"Notwithstanding the provisions of subsection A, the Board may grant a mixed beverage restaurant license to a restaurant located on the premises of and operated by a private club exclusively for its members and their guests, subject to the qualifications and restrictions on the issuance of such license imposed by § 4.1-206.3. However, no license authorized by this subsection shall be granted if the private club restricts its membership on the basis of race, color, creed, national origin, or sex.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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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suits by and against Board","url":"\/4.1-106\/","token":"4.1\/I\/1\/4.1-106","metadata":false},{"id":54256,"structure_id":13259,"section_number":"4.1-107","catch_line":"Counsel for members, agents and employees of Board","url":"\/4.1-107\/","token":"4.1\/I\/1\/4.1-107","metadata":false},{"id":74236,"structure_id":13259,"section_number":"4.1-108","catch_line":"Hearings; representation by counsel","url":"\/4.1-108\/","token":"4.1\/I\/1\/4.1-108","metadata":false},{"id":65831,"structure_id":13259,"section_number":"4.1-109","catch_line":"Hearings; allowances to witnesses","url":"\/4.1-109\/","token":"4.1\/I\/1\/4.1-109","metadata":false},{"id":83427,"structure_id":13259,"section_number":"4.1-110","catch_line":"Purchase orders of Board for alcoholic beverages","url":"\/4.1-110\/","token":"4.1\/I\/1\/4.1-110","metadata":false},{"id":67886,"structure_id":13259,"section_number":"4.1-111","catch_line":"Regulations of Board","url":"\/4.1-111\/","token":"4.1\/I\/1\/4.1-111","metadata":false},{"id":83178,"structure_id":13259,"section_number":"4.1-112","catch_line":"Regulations relating to transportation of beer and wine coolers","url":"\/4.1-112\/","token":"4.1\/I\/1\/4.1-112","metadata":false},{"id":73820,"structure_id":13259,"section_number":"4.1-112.1","catch_line":"Repealed","url":"\/4.1-112.1\/","token":"4.1\/I\/1\/4.1-112.1","metadata":false},{"id":73363,"structure_id":13259,"section_number":"4.1-112.2","catch_line":"Outdoor advertising; 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; storage in approved warehouses; release","url":"\/4.1-130\/","token":"4.1\/I\/1\/4.1-130","metadata":false},{"id":61322,"structure_id":13259,"section_number":"4.1-131","catch_line":"Importation of beverages under customs bonds and holding in warehouses; release","url":"\/4.1-131\/","token":"4.1\/I\/1\/4.1-131","metadata":false},{"id":85843,"structure_id":13259,"section_number":"4.1-132","catch_line":"Transportation into or within Commonwealth under internal revenue bond and holding in warehouses; release","url":"\/4.1-132\/","token":"4.1\/I\/1\/4.1-132","metadata":false},{"id":77909,"structure_id":13259,"section_number":"4.1-133","catch_line":"Bailment system of warehousing; prohibited fees and charges","url":"\/4.1-133\/","token":"4.1\/I\/1\/4.1-133","metadata":false}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-124\/","history_text":"

This law was first created in 1968. The record of its establishment is cataloged in chapter 7 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 1968 \u201cActs\u201d aren\u2019t available online. It has been modified 14 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 1975, chapter 517; in 1979, chapter 199; in 1982, chapter 31; in 1985, chapter 551; in 1986, chapter 70; in 1988, chapter 156; in 1991, chapter 690; in 1993, chapter 866; in 1995, chapter 177<\/a>; in 1997, chapter 126<\/a>; in 2011, chapter 560<\/a>; in 2015, chapters 38<\/a> and 730<\/a>; in 2019, chapters 37<\/a> and 178<\/a>; in 2020, chapters 1113<\/a> and 1114<\/a>.<\/p>","references":[{"id":82996,"section_number":"4.1-122","catch_line":"Effect of local option referenda","order_by":null,"url":"\/4.1-122\/"},{"id":73204,"section_number":"4.1-125","catch_line":"Section 4.1-124 applicable to certain towns","order_by":null,"url":"\/4.1-125\/"},{"id":86921,"section_number":"4.1-127","catch_line":"Contests of local option referenda","order_by":null,"url":"\/4.1-127\/"},{"id":57397,"section_number":"4.1-221.1","catch_line":"Limitation of tasting licenses","order_by":null,"url":"\/4.1-221.1\/"}],"refers_to":[{"id":78761,"section_number":"15.2-4100","catch_line":"City may change to town status","order_by":null,"url":"\/15.2-4100\/"},{"id":62034,"section_number":"15.2-4900","catch_line":"Short title","order_by":null,"url":"\/15.2-4900\/"},{"id":58078,"section_number":"24.2-681","catch_line":"How special elections superintended and determined","order_by":null,"url":"\/24.2-681\/"},{"id":82996,"section_number":"4.1-122","catch_line":"Effect of local option referenda","order_by":null,"url":"\/4.1-122\/"},{"id":71341,"section_number":"4.1-206.3","catch_line":"Retail licenses","order_by":null,"url":"\/4.1-206.3\/"}],"permalink":{"id":218751,"object_type":"law","relational_id":70468,"identifier":"4.1-124","token":"4.1\/I\/1\/4.1-124","url":"\/4.1-124\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-124\/","token":"4.1\/I\/1\/4.1-124","dublin_core":{"Title":"Referendum on the sale of mixed beverages","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-124","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The provisions of this subtitle relating to the sale<\/span> of mixed beverages<\/span> shall be effective in any town, county, or supervisor’s election district of a county unless a majority of the voters voting in a referendum<\/span> vote “Yes” on the question of whether the sale<\/span> of mixed alcoholic beverages<\/span> by restaurants<\/span> licensed<\/span> under this subtitle should be prohibited. The qualified voters of a town, county, or supervisor’s election district of a county may file a petition<\/span> with the circuit<\/span> court<\/span> of the county asking that a referendum<\/span> be held on the question of whether the sale<\/span> of mixed beverages<\/span> by restaurants<\/span> licensed<\/span> by the Board<\/span> should be prohibited within that jurisdiction<\/span>. The petition<\/span> shall be signed by qualified voters equal in number to at least 10 percent of the number registered in the town, county, or supervisor’s election district on January 1 preceding its filing or at least 100 qualified voters, whichever is greater.\n\t\t\tPetition<\/span> requirements for any county shall be based on the number of registered voters in the county, including the number of registered voters in any town having a population in excess of 1,000 located within such county. Upon the filing of a petition<\/span>, and under no other circumstances, the court<\/span> shall order<\/span> the election officials of the county to conduct a referendum<\/span> on the question.\n\t\t\tThe clerk of the circuit<\/span> court<\/span> of the county shall publish notice of the referendum<\/span> in a newspaper of general circulation in the town, county, or supervisor’s election district 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 mixed alcoholic beverages<\/span> by restaurants<\/span> licensed<\/span> by the Virginia Alcoholic Beverage Control Authority<\/span> be prohibited in __________ (name of town, county, or supervisor’s election district of county)?”\n\t\t\tThe referendum<\/span> shall be ordered and held and the results certified as provided in Article 5 (§ 24.2-681<\/a> et seq.) of Chapter 6 of Title 24.2. 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 town or county. Mixed beverages<\/span> prohibited from sale<\/span> by such referendum<\/span> shall not be sold by restaurants<\/span> within the town, county, or supervisor’s election district of a county on or after 30 days following the entry of the order<\/span> if a majority of the voters voting in the referendum<\/span> have voted “Yes.”\n\t\t\tThe provisions of this section shall be applicable to towns having a population in excess of 1,000 to the same extent and subject to the same conditions and limitations as are otherwise applicable to counties under this section. Such towns shall be treated as separate local option units, and only residents of any such town shall be eligible to vote in any referendum<\/span> held pursuant to this section for any such town. Residents of towns having a population in excess of 1,000, however, shall also be eligible to vote in any referendum<\/span> held pursuant to this section for any county in which the town is located.\n\t\t\tNotwithstanding the provisions of this section, the sale<\/span> of mixed beverages<\/span> by restaurants<\/span> shall be prohibited in any town created as a result of a city-to-town reversion pursuant to Chapter 41 (§ 15.2-4100<\/a> et seq.) of Title 15.2 if a referendum<\/span> on the question of whether the sale<\/span> of mixed beverages<\/span> by restaurants<\/span> licensed<\/span> under this subtitle should be prohibited was previously held in the former city and a majority of the voters voting in such referendum<\/span> voted “Yes.” <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Once a referendum<\/span> has been held, no other referendum<\/span> on the same question shall be held in the town, county, or supervisor’s election district of a county for a period of 23 months. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding the provisions of subsection A, the sale<\/span> of mixed beverages<\/span> shall be allowed on property dedicated for industrial or commercial development and controlled through the provision of public utilities and covenanting of the land by any multijurisdictional industrial development authority<\/span>, as set forth under Chapter 49 (§ 15.2-4900<\/a> et seq.) of Title 15.2, provided that (i) such authority<\/span> operates under a partnership agreement between three or more counties, cities, or towns and such jurisdictions<\/span> participate administratively and financially in the authority<\/span> and (ii) the sale<\/span> of mixed beverages<\/span> is permitted in one of the member counties, cities, towns, or a supervisor’s election district of one of the counties and that the governing board<\/span> of the authority<\/span> authorizes an establishment<\/span> located within the confines of such property to apply to the Board<\/span> for such license. The appropriate license fees shall be paid for this privilege<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding the provisions of subsection A of this section and subsection C of § 4.1-122<\/a>, the sale<\/span> of mixed beverages<\/span> by licensees<\/span>, and the sale<\/span> of alcoholic beverages other than beer<\/span> and wine<\/span> not produced by farm wineries by the Board<\/span>, shall be allowed in any city in the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding the provisions of subsection A, the Board<\/span> may grant a mixed beverage<\/span> restaurant<\/span> license to a restaurant<\/span> located on the premises of and operated by a private club<\/span> exclusively for its members and their guests, subject to the qualifications and restrictions on the issuance of such license imposed by § 4.1-206.3<\/a>. However, no license authorized by this subsection shall be granted if the private club<\/span> restricts its membership on the basis of race, color, creed, national origin, or sex. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREFERENDUM ON THE SALE OF MIXED BEVERAGES (\u00a7 4.1-124)\n\nA. The provisions of this subtitle relating to the sale of mixed beverages shall\nbe effective in any town, county, or supervisor’s election district of a\ncounty unless a majority of the voters voting in a referendum vote\n“Yes” on the question of whether the sale of mixed alcoholic\nbeverages by restaurants licensed under this subtitle should be prohibited. The\nqualified voters of a town, county, or supervisor’s election district of a\ncounty may file a petition with the circuit court of the county asking that a\nreferendum be held on the question of whether the sale of mixed beverages by\nrestaurants licensed by the Board should be prohibited within that jurisdiction.\nThe petition shall be signed by qualified voters equal in number to at least 10\npercent of the number registered in the town, county, or supervisor’s\nelection district on January 1 preceding its filing or at least 100 qualified\nvoters, whichever is greater.\n\t\t\tPetition requirements for any county shall be based on the number of\nregistered voters in the county, including the number of registered voters in\nany town having a population in excess of 1,000 located within such county. Upon\nthe filing of a petition, and under no other circumstances, the court shall\norder the election officials of the county to conduct a referendum on the\nquestion.\n\t\t\tThe clerk of the circuit court of the county shall publish notice of the\nreferendum in a newspaper of general circulation in the town, county, or\nsupervisor’s election district once a week for three consecutive weeks\nprior to the referendum.\n\t\t\tThe question on the ballot shall be:\n\t\t\t“Shall the sale of mixed alcoholic beverages by restaurants licensed by\nthe Virginia Alcoholic Beverage Control Authority be prohibited in __________\n(name of town, county, or supervisor’s election district of\ncounty)?”\n\t\t\tThe referendum shall be ordered and held and the results certified as\nprovided in Article 5 (§ 24.2-681 et seq.) of Chapter 6 of Title 24.2.\nThereupon the court shall enter of record an order certified by the clerk of the\ncourt to be transmitted to the Board and to the governing body of the town or\ncounty. Mixed beverages prohibited from sale by such referendum shall not be\nsold by restaurants within the town, county, or supervisor’s election\ndistrict of a county on or after 30 days following the entry of the order if a\nmajority of the voters voting in the referendum have voted “Yes.”\n\t\t\tThe provisions of this section shall be applicable to towns having a\npopulation in excess of 1,000 to the same extent and subject to the same\nconditions and limitations as are otherwise applicable to counties under this\nsection. Such towns shall be treated as separate local option units, and only\nresidents of any such town shall be eligible to vote in any referendum held\npursuant to this section for any such town. Residents of towns having a\npopulation in excess of 1,000, however, shall also be eligible to vote in any\nreferendum held pursuant to this section for any county in which the town is\nlocated.\n\t\t\tNotwithstanding the provisions of this section, the sale of mixed beverages\nby restaurants shall be prohibited in any town created as a result of a\ncity-to-town reversion pursuant to Chapter 41 (§ 15.2-4100 et seq.) of\nTitle 15.2 if a referendum on the question of whether the sale of mixed\nbeverages by restaurants licensed under this subtitle should be prohibited was\npreviously held in the former city and a majority of the voters voting in such\nreferendum voted “Yes.”\n\nB. Once a referendum has been held, no other referendum on the same question\nshall be held in the town, county, or supervisor’s election district of a\ncounty for a period of 23 months.\n\nC. Notwithstanding the provisions of subsection A, the sale of mixed beverages\nshall be allowed on property dedicated for industrial or commercial development\nand controlled through the provision of public utilities and covenanting of the\nland by any multijurisdictional industrial development authority, as set forth\nunder Chapter 49 (§ 15.2-4900 et seq.) of Title 15.2, provided that (i)\nsuch authority operates under a partnership agreement between three or more\ncounties, cities, or towns and such jurisdictions participate administratively\nand financially in the authority and (ii) the sale of mixed beverages is\npermitted in one of the member counties, cities, towns, or a supervisor’s\nelection district of one of the counties and that the governing board of the\nauthority authorizes an establishment located within the confines of such\nproperty to apply to the Board for such license. The appropriate license fees\nshall be paid for this privilege.\n\nD. Notwithstanding the provisions of subsection A of this section and subsection\nC of § 4.1-122, the sale of mixed beverages by licensees, and the sale of\nalcoholic beverages other than beer and wine not produced by farm wineries by\nthe Board, shall be allowed in any city in the Commonwealth.\n\nE. Notwithstanding the provisions of subsection A, the Board may grant a mixed\nbeverage restaurant license to a restaurant located on the premises of and\noperated by a private club exclusively for its members and their guests, subject\nto the qualifications and restrictions on the issuance of such license imposed\nby § 4.1-206.3. However, no license authorized by this subsection shall be\ngranted if the private club restricts its membership on the basis of race,\ncolor, creed, national origin, or sex.\n\nHISTORY: 1968, c. 7, \u00a7\u00a7 4-98.12, 4-98.13; 1975, c. 517; 1979, c. 199; 1982, c.\n31; 1985, c. 551; 1986, c. 70; 1988, c. 156; 1991, c. 690; 1993, c. 866; 1995,\nc. 177; 1997, c. 126; 2011, c. 560; 2015, cc. 38, 730; 2019, cc. 37, 178; 2020,\ncc. 1113, 1114.","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}}