{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-224.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-224.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-224.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-224.html"}],"law_id":59746,"edition_id":1,"section_id":59746,"structure_id":14859,"section_number":"4.1-224","catch_line":"Notice and hearings for refusal to grant licenses; Administrative Process Act; exceptions","history":"Code 1950, \u00a7 4-31; 1954, c. 301; 1956, c. 523; 1972, c. 178; 1974, c. 267; 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. 147.","full_text":"A\n\nThe action of the Board in granting or in refusing to grant any license shall be subject to review in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), except as provided in subsections B and C. Review shall be limited to the evidential record of the proceedings provided by the Board. Both the petitioner and the Board shall have the right to appeal to the Court of Appeals from any order of the court.B\n\nThe Board may refuse a hearing on any application for the granting of any retail alcoholic beverage or mixed beverage license, including a banquet license, provided such:1\n\nLicense for the applicant has been refused or revoked within a period of twelve months;2\n\nLicense for any premises has been refused or revoked at that location within a period of twelve months;3\n\nApplicant, within a period of twelve months immediately preceding, has permitted a license granted by the Board to expire for nonpayment of license tax, and at the time of expiration of such license, there was a pending and unadjudicated charge, either before the Board or in any court, against the licensee alleging a violation of this subtitle; or4\n\nApplicant has received a restricted license and reapplies for a lesser-restricted license at the same location within twelve months of the date of the issuance of the restricted license.C\n\nIf an applicant has permitted a license to expire for nonpayment of license tax, and at the time of expiration there remained unexecuted any period of suspension imposed upon the licensee by the Board, the Board may refuse a hearing on an application for a new license until after the date on which the suspension period would have been executed had the license not have been permitted to expire.","order_by":null,"text":{"0":{"id":218800,"text":"The action of the Board in granting or in refusing to grant any license shall be subject to review in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), except as provided in subsections B and C. Review shall be limited to the evidential record of the proceedings provided by the Board. Both the petitioner and the Board shall have the right to appeal to the Court of Appeals from any order of the court.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":218801,"text":"The Board may refuse a hearing on any application for the granting of any retail alcoholic beverage or mixed beverage license, including a banquet license, provided such:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":218802,"text":"License for the applicant has been refused or revoked within a period of twelve months;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":218803,"text":"License for any premises has been refused or revoked at that location within a period of twelve months;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":218804,"text":"Applicant, within a period of twelve months immediately preceding, has permitted a license granted by the Board to expire for nonpayment of license tax, and at the time of expiration of such license, there was a pending and unadjudicated charge, either before the Board or in any court, against the licensee alleging a violation of this subtitle; or","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":218805,"text":"Applicant has received a restricted license and reapplies for a lesser-restricted license at the same location within twelve months of the date of the issuance of the restricted license.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":218806,"text":"If an applicant has permitted a license to expire for nonpayment of license tax, and at the time of expiration there remained unexecuted any period of suspension imposed upon the licensee by the Board, the Board may refuse a hearing on an application for a new license until after the date on which the suspension period would have been executed had the license not have been permitted to expire.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4"}},"ancestry":[{"id":14859,"edition_id":1,"name":"Licenses Granted by Board; Limitations; Revocation and Suspension","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13825,"metadata":{},"date_created":"2026-06-26 03:50:26","date_modified":"2026-06-26 03:50:26","permalink":{"id":218831,"object_type":"structure","relational_id":14859,"identifier":"2","token":"4.1\/I\/2\/2","url":"\/4.1\/I\/2\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13825,"edition_id":1,"name":"Administration of Licenses","identifier":"2","label":"chapter","depth":3,"order_by":1,"parent_id":13130,"metadata":{},"date_created":"2026-06-26 03:46:00","date_modified":"2026-06-26 03:46:00","permalink":{"id":218791,"object_type":"structure","relational_id":13825,"identifier":"2","token":"4.1\/I\/2","url":"\/4.1\/I\/2\/","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":79854,"structure_id":14859,"section_number":"4.1-206","catch_line":"Repealed","url":"\/4.1-206\/","token":"4.1\/I\/2\/2\/4.1-206","metadata":false},{"id":85579,"structure_id":14859,"section_number":"4.1-206.1","catch_line":"Manufacturer licenses","url":"\/4.1-206.1\/","token":"4.1\/I\/2\/2\/4.1-206.1","metadata":false},{"id":64438,"structure_id":14859,"section_number":"4.1-206.2","catch_line":"Wholesale licenses","url":"\/4.1-206.2\/","token":"4.1\/I\/2\/2\/4.1-206.2","metadata":false},{"id":71341,"structure_id":14859,"section_number":"4.1-206.3","catch_line":"Retail licenses","url":"\/4.1-206.3\/","token":"4.1\/I\/2\/2\/4.1-206.3","metadata":false},{"id":61956,"structure_id":14859,"section_number":"4.1-207","catch_line":"Repealed","url":"\/4.1-207\/","token":"4.1\/I\/2\/2\/4.1-207","metadata":false},{"id":76919,"structure_id":14859,"section_number":"4.1-207.1","catch_line":"Repealed","url":"\/4.1-207.1\/","token":"4.1\/I\/2\/2\/4.1-207.1","metadata":false},{"id":74961,"structure_id":14859,"section_number":"4.1-208","catch_line":"Repealed","url":"\/4.1-208\/","token":"4.1\/I\/2\/2\/4.1-208","metadata":false},{"id":69143,"structure_id":14859,"section_number":"4.1-209","catch_line":"Wine and beer license privileges; advertising; displays; tastings","url":"\/4.1-209\/","token":"4.1\/I\/2\/2\/4.1-209","metadata":false},{"id":56854,"structure_id":14859,"section_number":"4.1-209.1","catch_line":"Direct shipment of wine and beer; shipper's license","url":"\/4.1-209.1\/","token":"4.1\/I\/2\/2\/4.1-209.1","metadata":false},{"id":75458,"structure_id":14859,"section_number":"4.1-210","catch_line":"Repealed","url":"\/4.1-210\/","token":"4.1\/I\/2\/2\/4.1-210","metadata":false},{"id":79818,"structure_id":14859,"section_number":"4.1-211","catch_line":"Temporary licenses","url":"\/4.1-211\/","token":"4.1\/I\/2\/2\/4.1-211","metadata":false},{"id":78252,"structure_id":14859,"section_number":"4.1-212","catch_line":"Permits required in certain instances","url":"\/4.1-212\/","token":"4.1\/I\/2\/2\/4.1-212","metadata":false},{"id":63303,"structure_id":14859,"section_number":"4.1-212.1","catch_line":"Delivery of wine and beer; kegs; regulations of Board","url":"\/4.1-212.1\/","token":"4.1\/I\/2\/2\/4.1-212.1","metadata":false},{"id":71769,"structure_id":14859,"section_number":"4.1-212.2","catch_line":"Third-party deliveries; limitations; penalties","url":"\/4.1-212.2\/","token":"4.1\/I\/2\/2\/4.1-212.2","metadata":false},{"id":70957,"structure_id":14859,"section_number":"4.1-213","catch_line":"Manufacture and sale of cider","url":"\/4.1-213\/","token":"4.1\/I\/2\/2\/4.1-213","metadata":false},{"id":59198,"structure_id":14859,"section_number":"4.1-214","catch_line":"Limitations on licenses; sale outside the Commonwealth","url":"\/4.1-214\/","token":"4.1\/I\/2\/2\/4.1-214","metadata":false},{"id":82323,"structure_id":14859,"section_number":"4.1-215","catch_line":"Limitation on manufacturers, bottlers, and wholesalers; exemptions","url":"\/4.1-215\/","token":"4.1\/I\/2\/2\/4.1-215","metadata":false},{"id":68333,"structure_id":14859,"section_number":"4.1-216","catch_line":"Further limitations on manufacturers, bottlers, importers, brokers or wholesalers; ownership interests prohibited; exceptions; prohibited trade practices","url":"\/4.1-216\/","token":"4.1\/I\/2\/2\/4.1-216","metadata":false},{"id":83813,"structure_id":14859,"section_number":"4.1-216.1","catch_line":"Point-of-sale advertising materials authorized under certain conditions; civil penalties","url":"\/4.1-216.1\/","token":"4.1\/I\/2\/2\/4.1-216.1","metadata":false},{"id":75252,"structure_id":14859,"section_number":"4.1-217","catch_line":"Limitation on brewery licenses","url":"\/4.1-217\/","token":"4.1\/I\/2\/2\/4.1-217","metadata":false},{"id":74830,"structure_id":14859,"section_number":"4.1-218","catch_line":"Limitation on wine and beer importers","url":"\/4.1-218\/","token":"4.1\/I\/2\/2\/4.1-218","metadata":false},{"id":67187,"structure_id":14859,"section_number":"4.1-219","catch_line":"Limitations on Class I, II, III, and IV farm wineries","url":"\/4.1-219\/","token":"4.1\/I\/2\/2\/4.1-219","metadata":false},{"id":77840,"structure_id":14859,"section_number":"4.1-220","catch_line":"Repealed","url":"\/4.1-220\/","token":"4.1\/I\/2\/2\/4.1-220","metadata":false},{"id":78481,"structure_id":14859,"section_number":"4.1-221","catch_line":"Limitation on mixed beverage licensees; exceptions","url":"\/4.1-221\/","token":"4.1\/I\/2\/2\/4.1-221","metadata":false},{"id":57397,"structure_id":14859,"section_number":"4.1-221.1","catch_line":"Limitation of tasting licenses","url":"\/4.1-221.1\/","token":"4.1\/I\/2\/2\/4.1-221.1","metadata":false},{"id":80682,"structure_id":14859,"section_number":"4.1-222","catch_line":"Conditions under which Board may refuse to grant licenses","url":"\/4.1-222\/","token":"4.1\/I\/2\/2\/4.1-222","metadata":false},{"id":86989,"structure_id":14859,"section_number":"4.1-223","catch_line":"Conditions under which Board shall refuse to grant licenses","url":"\/4.1-223\/","token":"4.1\/I\/2\/2\/4.1-223","metadata":false},{"id":59746,"structure_id":14859,"section_number":"4.1-224","catch_line":"Notice and hearings for refusal to grant licenses; Administrative Process Act; exceptions","url":"\/4.1-224\/","token":"4.1\/I\/2\/2\/4.1-224","metadata":false},{"id":56780,"structure_id":14859,"section_number":"4.1-225","catch_line":"Grounds for which Board may suspend or revoke licenses; exception","url":"\/4.1-225\/","token":"4.1\/I\/2\/2\/4.1-225","metadata":false},{"id":59182,"structure_id":14859,"section_number":"4.1-225.1","catch_line":"Summary suspension in emergency circumstances; grounds; notice and hearing","url":"\/4.1-225.1\/","token":"4.1\/I\/2\/2\/4.1-225.1","metadata":false},{"id":70174,"structure_id":14859,"section_number":"4.1-226","catch_line":"Grounds for which Board shall suspend or revoke licenses","url":"\/4.1-226\/","token":"4.1\/I\/2\/2\/4.1-226","metadata":false},{"id":79871,"structure_id":14859,"section_number":"4.1-227","catch_line":"Suspension or revocation of licenses; notice and hearings; imposition of penalties","url":"\/4.1-227\/","token":"4.1\/I\/2\/2\/4.1-227","metadata":false},{"id":74907,"structure_id":14859,"section_number":"4.1-228","catch_line":"Suspension or revocation; disposition of beverages on hand; termination","url":"\/4.1-228\/","token":"4.1\/I\/2\/2\/4.1-228","metadata":false},{"id":84633,"structure_id":14859,"section_number":"4.1-229","catch_line":"Suspension or revocation of permits; grounds; notice and hearing; exception","url":"\/4.1-229\/","token":"4.1\/I\/2\/2\/4.1-229","metadata":false}],"previous_section":{"id":86989,"structure_id":14859,"section_number":"4.1-223","catch_line":"Conditions under which Board shall refuse to grant licenses","url":"\/4.1-223\/","token":"4.1\/I\/2\/2\/4.1-223","metadata":false},"next_section":{"id":56780,"structure_id":14859,"section_number":"4.1-225","catch_line":"Grounds for which Board may suspend or revoke licenses; exception","url":"\/4.1-225\/","token":"4.1\/I\/2\/2\/4.1-225","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-224\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 15 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 1954, chapter 301; in 1956, chapter 523; in 1972, chapter 178; in 1974, chapter 267; in 1976, chapters 67 and 698; in 1978, chapter 446; in 1980, chapter 299; in 1982, chapter 66; in 1984, chapter 703; in 1986, chapters 94 and 615; in 1989, chapter 311; in 1990, chapter 727; in 1992, chapter 161; in 1993, chapter 866; in 2000, chapter 147<\/a>.<\/p>","references":false,"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"}],"permalink":{"id":218941,"object_type":"law","relational_id":59746,"identifier":"4.1-224","token":"4.1\/I\/2\/2\/4.1-224","url":"\/4.1-224\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-224\/","token":"4.1\/I\/2\/2\/4.1-224","dublin_core":{"Title":"Notice and hearings for refusal to grant licenses; Administrative Process Act; exceptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-224","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The action of the Board<\/span> in granting or in refusing to grant any license shall be subject to review in accordance with the Administrative Process Act (§ 2.2-4000<\/a> et seq.), except as provided in subsections B and C. Review shall be limited to the evidential record of the proceedings provided by the Board<\/span>. Both the petitioner and the Board<\/span> shall have the right to appeal<\/span> to the Court<\/span> of Appeals<\/span> from any order<\/span> of the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> may refuse a hearing<\/span> on any application for the granting of any retail alcoholic beverage or mixed beverage<\/span> license, including a banquet license, provided such: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> License for the applicant has been refused or revoked within a period of twelve months; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> License for any premises has been refused or revoked at that location within a period of twelve months; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Applicant, within a period of twelve months immediately preceding, has permitted a license granted by the Board<\/span> to expire for nonpayment of license tax, and at the time of expiration of such license, there was a pending and unadjudicated charge, either before the Board<\/span> or in any court<\/span>, against the licensee<\/span> alleging a violation of this subtitle; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Applicant has received a restricted license and reapplies for a lesser-restricted license at the same location within twelve months of the date of the issuance of the restricted license. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If an applicant has permitted a license to expire for nonpayment of license tax, and at the time of expiration there remained unexecuted any period of suspension imposed upon the licensee<\/span> by the Board<\/span>, the Board<\/span> may refuse a hearing<\/span> on an application for a new license until after the date on which the suspension period would have been executed had the license not have been permitted to expire. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTICE AND HEARINGS FOR REFUSAL TO GRANT LICENSES; ADMINISTRATIVE PROCESS ACT;\nEXCEPTIONS (\u00a7 4.1-224)\n\nA. The action of the Board in granting or in refusing to grant any license shall\nbe subject to review in accordance with the Administrative Process Act (§\n2.2-4000 et seq.), except as provided in subsections B and C. Review shall be\nlimited to the evidential record of the proceedings provided by the Board. Both\nthe petitioner and the Board shall have the right to appeal to the Court of\nAppeals from any order of the court.\n\nB. The Board may refuse a hearing on any application for the granting of any\nretail alcoholic beverage or mixed beverage license, including a banquet\nlicense, provided such:\n\n 1. License for the applicant has been refused or revoked within a period of\n twelve months;\n\n 2. License for any premises has been refused or revoked at that location\n within a period of twelve months;\n\n 3. Applicant, within a period of twelve months immediately preceding, has\n permitted a license granted by the Board to expire for nonpayment of license\n tax, and at the time of expiration of such license, there was a pending and\n unadjudicated charge, either before the Board or in any court, against the\n licensee alleging a violation of this subtitle; or\n\n 4. Applicant has received a restricted license and reapplies for a\n lesser-restricted license at the same location within twelve months of the\n date of the issuance of the restricted license.\n\nC. If an applicant has permitted a license to expire for nonpayment of license\ntax, and at the time of expiration there remained unexecuted any period of\nsuspension imposed upon the licensee by the Board, the Board may refuse a\nhearing on an application for a new license until after the date on which the\nsuspension period would have been executed had the license not have been\npermitted to expire.\n\nHISTORY: Code 1950, \u00a7 4-31; 1954, c. 301; 1956, c. 523; 1972, c. 178; 1974, c.\n267; 1976, cc. 67, 698; 1978, c. 446; 1980, c. 299; 1982, c. 66; 1984, c. 703;\n1986, cc. 94, 615; 1989, c. 311; 1990, c. 727; 1992, c. 161; 1993, c. 866; 2000,\nc. 147.","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}}