{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-227.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-227.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-227.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-227.html"}],"law_id":79871,"edition_id":1,"section_id":79871,"structure_id":14859,"section_number":"4.1-227","catch_line":"Suspension or revocation of licenses; notice and hearings; imposition of penalties","history":"Code 1950, \u00a7 4-37; 1956, c. 521; 1970, cc. 545, 676; 1976, cc. 696, 698, 702; 1978, c. 579; 1979, c. 537; 1980, c. 299; 1981, cc. 24, 586, 600; 1982, c. 214; 1983, c. 608; 1984, cc. 180, 200, 703; 1985, c. 559; 1986, cc. 101, 318, 615; 1987, c. 252; 1991, c. 468; 1992, cc. 161, 820; 1993, c. 866; 1995, cc. 549, 563; 1996, c. 309; 1999, c. 648; 2008, c. 513; 2009, cc. 135, 279; 2017, cc. 698, 707; 2020, cc. 1113, 1114; 2025, c. 231.","full_text":"A\n\nExcept for temporary licenses, before the Board may impose a civil penalty against a brewery licensee or suspend or revoke any license, reasonable notice of such proposed or contemplated action shall be given to the licensee in accordance with the provisions of § 2.2-4020 of the Administrative Process Act (§ 2.2-4000 et seq.).\n\t\t\tNotwithstanding the provisions of § 2.2-4022, the Board shall, upon written request by the licensee, permit the licensee to inspect and copy or photograph all (i) written or recorded statements made by the licensee or copies thereof or the substance of any oral statements made by the licensee or a previous or present employee of the licensee to any law-enforcement officer, the existence of which is known by the Board and upon which the Board intends to rely as evidence in any adversarial proceeding under this chapter against the licensee, and (ii) designated books, papers, documents, tangible objects, buildings, or places, or copies or portions thereof, that are within the possession, custody, or control of the Board and upon which the Board intends to rely as evidence in any adversarial proceeding under this chapter against the licensee. In addition, any subpoena for the production of documents issued to any person at the request of the licensee or the Board pursuant to § 4.1-103 shall provide for the production of the documents sought within ten working days, notwithstanding anything to the contrary in § 4.1-103.\n\t\t\tIf the Board fails to provide for inspection or copying under this section for the licensee after a written request, the Board shall be prohibited from introducing into evidence any items the licensee would have lawfully been entitled to inspect or copy under this section.\n\t\t\tThe action of the Board in suspending or revoking any license or in imposing a civil penalty against the holder of a brewery license shall be subject to judicial review in accordance with the Administrative Process Act. Such review shall extend to the entire evidential record of the proceedings provided by the Board in accordance with the Administrative Process Act. An appeal shall lie to the Court of Appeals from any order of the court. Notwithstanding § 8.01-676.1, the final judgment or order of the circuit court shall not be suspended, stayed or modified by such circuit court pending appeal to the Court of Appeals. Neither mandamus nor injunction shall lie in any such case.B\n\nIn suspending any license the Board may impose, as a condition precedent to the removal of such suspension or any portion thereof, a requirement that the licensee pay the cost incurred by the Board in investigating the licensee and in holding the proceeding resulting in such suspension, or it may impose and collect such civil penalties as it deems appropriate. In no event shall the Board impose a civil penalty exceeding $2,000 for the first violation occurring within five years immediately preceding the date of the violation or $5,000 for the second violation occurring within five years immediately preceding the date of the second violation. However, if the violation involved selling alcoholic beverages to a person prohibited from purchasing alcoholic beverages or allowing consumption of alcoholic beverages by underage, intoxicated, or interdicted persons, the Board may impose a civil penalty not to exceed $3,000 for the first violation occurring within five years immediately preceding the date of the violation and $6,000 for a second violation occurring within five years immediately preceding the date of the second violation in lieu of such suspension or any portion thereof, or both. The Board may also impose a requirement that the licensee pay for the cost incurred by the Board not exceeding $25,000 in investigating the licensee and in holding the proceeding resulting in the violation in addition to any suspension or civil penalty incurred.C\n\nFollowing notice to (i) the licensee of a hearing that may result in the suspension or revocation of his license or (ii) the applicant of a hearing to resolve a contested application, the Board may accept a consent agreement as authorized in subdivision 21 of § 4.1-103. The notice shall advise the licensee or applicant of the option to (a) admit the alleged violation or the validity of the objection; (b) waive any right to a hearing or an appeal under the Virginia Administrative Process Act (§ 2.2-4000 et seq.); and (c)(1) accept the proposed restrictions for operating under the license, (2) accept the period of suspension of the licensed privileges within the Board’s parameters, (3) pay a civil penalty in lieu of the period of suspension, or any portion of the suspension as applicable, or (4) proceed to a hearing.D\n\nIn case of an offense by the holder of a brewery license, the Board may (i) require that such holder pay the costs incurred by the Board in investigating the licensee, (ii) suspend or revoke the on-premises privileges of the brewery, and (iii) impose a civil penalty not to exceed $25,000 for the first violation, $50,000 for the second violation, and for the third or any subsequent violation, suspend or revoke such license or, in lieu of any suspension or portion thereof, impose a civil penalty not to exceed $100,000. Such suspension or revocation shall not prohibit the licensee from manufacturing or selling beer manufactured by it to the owners of boats registered under the laws of the United States sailing for ports of call of a foreign country or another state, and to persons outside the Commonwealth.E\n\nThe Board shall, by regulation or written order:1\n\nDesignate those (i) objections to an application or (ii) alleged violations that will proceed to an initial hearing;2\n\nDesignate the violations for which a waiver of a hearing and payment of a civil charge in lieu of suspension may be accepted for a first offense occurring within three years immediately preceding the date of the violation;3\n\nProvide for a reduction in the length of any suspension and a reduction in the amount of any civil penalty for any retail licensee where the licensee can demonstrate that it provided to its employees alcohol server or seller training certified in advance by the Board, which training shall include a course developed or approved by the Department of Criminal Justice Services pursuant to § 9.1-102 on recognizing and reporting instances of suspected human trafficking;4\n\nEstablish a schedule of penalties for such offenses, prescribing the appropriate suspension of a license and the civil charge acceptable in lieu of such suspension; and5\n\nEstablish a schedule of offenses for which any penalty may be waived upon a showing that the licensee has had no prior violations within five years immediately preceding the date of the violation. No waiver shall be granted by the Board, however, for a licensee’s willful and knowing violation of this subtitle or Board regulations.","order_by":null,"text":{"0":{"id":286088,"text":"Except for temporary licenses, before the Board may impose a civil penalty against a brewery licensee or suspend or revoke any license, reasonable notice of such proposed or contemplated action shall be given to the licensee in accordance with the provisions of § 2.2-4020 of the Administrative Process Act (§ 2.2-4000 et seq.).\n\t\t\tNotwithstanding the provisions of § 2.2-4022, the Board shall, upon written request by the licensee, permit the licensee to inspect and copy or photograph all (i) written or recorded statements made by the licensee or copies thereof or the substance of any oral statements made by the licensee or a previous or present employee of the licensee to any law-enforcement officer, the existence of which is known by the Board and upon which the Board intends to rely as evidence in any adversarial proceeding under this chapter against the licensee, and (ii) designated books, papers, documents, tangible objects, buildings, or places, or copies or portions thereof, that are within the possession, custody, or control of the Board and upon which the Board intends to rely as evidence in any adversarial proceeding under this chapter against the licensee. In addition, any subpoena for the production of documents issued to any person at the request of the licensee or the Board pursuant to § 4.1-103 shall provide for the production of the documents sought within ten working days, notwithstanding anything to the contrary in § 4.1-103.\n\t\t\tIf the Board fails to provide for inspection or copying under this section for the licensee after a written request, the Board shall be prohibited from introducing into evidence any items the licensee would have lawfully been entitled to inspect or copy under this section.\n\t\t\tThe action of the Board in suspending or revoking any license or in imposing a civil penalty against the holder of a brewery license shall be subject to judicial review in accordance with the Administrative Process Act. Such review shall extend to the entire evidential record of the proceedings provided by the Board in accordance with the Administrative Process Act. An appeal shall lie to the Court of Appeals from any order of the court. Notwithstanding § 8.01-676.1, the final judgment or order of the circuit court shall not be suspended, stayed or modified by such circuit court pending appeal to the Court of Appeals. Neither mandamus nor injunction shall lie in any such case.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":286089,"text":"In suspending any license the Board may impose, as a condition precedent to the removal of such suspension or any portion thereof, a requirement that the licensee pay the cost incurred by the Board in investigating the licensee and in holding the proceeding resulting in such suspension, or it may impose and collect such civil penalties as it deems appropriate. In no event shall the Board impose a civil penalty exceeding $2,000 for the first violation occurring within five years immediately preceding the date of the violation or $5,000 for the second violation occurring within five years immediately preceding the date of the second violation. However, if the violation involved selling alcoholic beverages to a person prohibited from purchasing alcoholic beverages or allowing consumption of alcoholic beverages by underage, intoxicated, or interdicted persons, the Board may impose a civil penalty not to exceed $3,000 for the first violation occurring within five years immediately preceding the date of the violation and $6,000 for a second violation occurring within five years immediately preceding the date of the second violation in lieu of such suspension or any portion thereof, or both. The Board may also impose a requirement that the licensee pay for the cost incurred by the Board not exceeding $25,000 in investigating the licensee and in holding the proceeding resulting in the violation in addition to any suspension or civil penalty incurred.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":286090,"text":"Following notice to (i) the licensee of a hearing that may result in the suspension or revocation of his license or (ii) the applicant of a hearing to resolve a contested application, the Board may accept a consent agreement as authorized in subdivision 21 of § 4.1-103. The notice shall advise the licensee or applicant of the option to (a) admit the alleged violation or the validity of the objection; (b) waive any right to a hearing or an appeal under the Virginia Administrative Process Act (§ 2.2-4000 et seq.); and (c)(1) accept the proposed restrictions for operating under the license, (2) accept the period of suspension of the licensed privileges within the Board’s parameters, (3) pay a civil penalty in lieu of the period of suspension, or any portion of the suspension as applicable, or (4) proceed to a hearing.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":286091,"text":"In case of an offense by the holder of a brewery license, the Board may (i) require that such holder pay the costs incurred by the Board in investigating the licensee, (ii) suspend or revoke the on-premises privileges of the brewery, and (iii) impose a civil penalty not to exceed $25,000 for the first violation, $50,000 for the second violation, and for the third or any subsequent violation, suspend or revoke such license or, in lieu of any suspension or portion thereof, impose a civil penalty not to exceed $100,000. Such suspension or revocation shall not prohibit the licensee from manufacturing or selling beer manufactured by it to the owners of boats registered under the laws of the United States sailing for ports of call of a foreign country or another state, and to persons outside the Commonwealth.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":286092,"text":"The Board shall, by regulation or written order:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":286093,"text":"Designate those (i) objections to an application or (ii) alleged violations that will proceed to an initial hearing;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":286094,"text":"Designate the violations for which a waiver of a hearing and payment of a civil charge in lieu of suspension may be accepted for a first offense occurring within three years immediately preceding the date of the violation;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"7":{"id":286095,"text":"Provide for a reduction in the length of any suspension and a reduction in the amount of any civil penalty for any retail licensee where the licensee can demonstrate that it provided to its employees alcohol server or seller training certified in advance by the Board, which training shall include a course developed or approved by the Department of Criminal Justice Services pursuant to § 9.1-102 on recognizing and reporting instances of suspected human trafficking;","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"8":{"id":286096,"text":"Establish a schedule of penalties for such offenses, prescribing the appropriate suspension of a license and the civil charge acceptable in lieu of such suspension; and","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"E5"},"9":{"id":286097,"text":"Establish a schedule of offenses for which any penalty may be waived upon a showing that the licensee has had no prior violations within five years immediately preceding the date of the violation. No waiver shall be granted by the Board, however, for a licensee’s willful and knowing violation of this subtitle or Board regulations.","type":"section","prefixes":["E","5"],"prefix":"5","entire_prefix":"E5","prefix_anchor":"E5","level":2,"prior_prefix":"E4"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-227\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 24 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 1956, chapter 521; in 1970, chapters 545 and 676; in 1976, chapters 696, 698, and 702; in 1978, chapter 579; in 1979, chapter 537; in 1980, chapter 299; in 1981, chapters 24, 586, and 600; in 1982, chapter 214; in 1983, chapter 608; in 1984, chapters 180, 200, and 703; in 1985, chapter 559; in 1986, chapters 101, 318, and 615; in 1987, chapter 252; in 1991, chapter 468; in 1992, chapters 161 and 820; in 1993, chapter 866; in 1995, chapters 549<\/a> and 563<\/a>; in 1996, chapter 309<\/a>; in 1999, chapter 648<\/a>; in 2008, chapter 513<\/a>; in 2009, chapters 135<\/a> and 279<\/a>; in 2017, chapters 698<\/a> and 707<\/a>; in 2020, chapters 1113<\/a> and 1114<\/a>; in 2025, chapter 231<\/a>.<\/p>","references":[{"id":59656,"section_number":"4.1-101.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail; electronic communications as alternative to regular mail; limitation","order_by":null,"url":"\/4.1-101.1\/"},{"id":79818,"section_number":"4.1-211","catch_line":"Temporary licenses","order_by":null,"url":"\/4.1-211\/"},{"id":63303,"section_number":"4.1-212.1","catch_line":"Delivery of wine and beer; kegs; regulations of Board","order_by":null,"url":"\/4.1-212.1\/"},{"id":56780,"section_number":"4.1-225","catch_line":"Grounds for which Board may suspend or revoke licenses; exception","order_by":null,"url":"\/4.1-225\/"},{"id":59182,"section_number":"4.1-225.1","catch_line":"Summary suspension in emergency circumstances; grounds; notice and hearing","order_by":null,"url":"\/4.1-225.1\/"},{"id":70174,"section_number":"4.1-226","catch_line":"Grounds for which Board shall suspend or revoke licenses","order_by":null,"url":"\/4.1-226\/"},{"id":79757,"section_number":"4.1-328","catch_line":"Prohibited trade practices; penalty","order_by":null,"url":"\/4.1-328\/"},{"id":82852,"section_number":"4.1-329","catch_line":"Illegal advertising materials; penalty","order_by":null,"url":"\/4.1-329\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":71957,"section_number":"2.2-4020","catch_line":"Formal hearings; litigated issues","order_by":null,"url":"\/2.2-4020\/"},{"id":77359,"section_number":"2.2-4022","catch_line":"Subpoenas, depositions and requests for admissions","order_by":null,"url":"\/2.2-4022\/"},{"id":67902,"section_number":"4.1-103","catch_line":"General powers of Board","order_by":null,"url":"\/4.1-103\/"},{"id":54488,"section_number":"8.01-676.1","catch_line":"Security for appeal","order_by":null,"url":"\/8.01-676.1\/"},{"id":54198,"section_number":"9.1-102","catch_line":"Powers and duties of the Board and the Department","order_by":null,"url":"\/9.1-102\/"}],"permalink":{"id":218957,"object_type":"law","relational_id":79871,"identifier":"4.1-227","token":"4.1\/I\/2\/2\/4.1-227","url":"\/4.1-227\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-227\/","token":"4.1\/I\/2\/2\/4.1-227","dublin_core":{"Title":"Suspension or revocation of licenses; notice and hearings; imposition of penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-227","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except for temporary licenses, before the Board<\/span> may impose a civil penalty<\/span> against a brewery licensee<\/span> or suspend or revoke any license, reasonable notice of such proposed or contemplated action shall be given to the licensee<\/span> in accordance with the provisions of § 2.2-4020<\/a> of the Administrative Process Act (§ 2.2-4000<\/a> et seq.).\n\t\t\tNotwithstanding the provisions of § 2.2-4022<\/a>, the Board<\/span> shall, upon written request by the licensee<\/span>, permit the licensee<\/span> to inspect and copy or photograph all (i) written or recorded statements made by the licensee<\/span> or copies thereof or the substance of any oral statements made by the licensee<\/span> or a previous or present employee of the licensee<\/span> to any law<\/span>-enforcement officer, the existence of which is known by the Board<\/span> and upon which the Board<\/span> intends to rely as evidence<\/span> in any adversarial proceeding under this chapter against the licensee<\/span>, and (ii) designated books, papers, documents, tangible objects<\/span>, buildings, or places, or copies or portions thereof, that are within the possession<\/span>, custody<\/span>, or control of the Board<\/span> and upon which the Board<\/span> intends to rely as evidence<\/span> in any adversarial proceeding under this chapter against the licensee<\/span>. In addition, any subpoena<\/span> for the production of documents issued to any person at the request of the licensee<\/span> or the Board<\/span> pursuant to § 4.1-103<\/a> shall provide for the production of the documents sought within ten working days, notwithstanding anything to the contrary in § 4.1-103<\/a>.\n\t\t\tIf the Board<\/span> fails to provide for inspection or copying under this section for the licensee<\/span> after a written request, the Board<\/span> shall be prohibited from introducing into evidence<\/span> any items the licensee<\/span> would have lawfully been entitled to inspect or copy under this section.\n\t\t\tThe action of the Board<\/span> in suspending or revoking any license or in imposing a civil penalty<\/span> against the holder of a brewery license shall be subject to judicial review in accordance with the Administrative Process Act. Such review shall extend to the entire evidential record of the proceedings provided by the Board<\/span> in accordance with the Administrative Process Act. An appeal<\/span> shall lie to the Court<\/span> of Appeals<\/span> from any order<\/span> of the court<\/span>. Notwithstanding § 8.01-676.1<\/a>, the final judgment<\/span> or order<\/span> of the circuit<\/span> court<\/span> shall not be suspended, stayed or modified by such circuit<\/span> court<\/span> pending appeal<\/span> to the Court<\/span> of Appeals<\/span>. Neither mandamus nor injunction<\/span> shall lie in any such case. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In suspending any license the Board<\/span> may impose, as a condition precedent<\/span> to the removal of such suspension or any portion thereof, a requirement that the licensee<\/span> pay the cost incurred by the Board<\/span> in investigating the licensee<\/span> and in holding the proceeding resulting in such suspension, or it may impose and collect such civil penalties as it deems appropriate. In no event shall the Board<\/span> impose a civil penalty<\/span> exceeding $2,000 for the first violation occurring within five years immediately preceding the date of the violation or $5,000 for the second violation occurring within five years immediately preceding the date of the second violation. However, if the violation involved selling alcoholic beverages<\/span> to a person prohibited from purchasing alcoholic beverages<\/span> or allowing consumption of alcoholic beverages<\/span> by underage, intoxicated<\/span>, or interdicted persons<\/span>, the Board<\/span> may impose a civil penalty<\/span> not to exceed $3,000 for the first violation occurring within five years immediately preceding the date of the violation and $6,000 for a second violation occurring within five years immediately preceding the date of the second violation in lieu of such suspension or any portion thereof, or both. The Board<\/span> may also impose a requirement that the licensee<\/span> pay for the cost incurred by the Board<\/span> not exceeding $25,000 in investigating the licensee<\/span> and in holding the proceeding resulting in the violation in addition to any suspension or civil penalty<\/span> incurred. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Following notice to (i) the licensee<\/span> of a hearing<\/span> that may result in the suspension or revocation<\/span> of his license or (ii) the applicant of a hearing<\/span> to resolve a contested application, the Board<\/span> may accept a consent agreement as authorized in subdivision 21 of § 4.1-103<\/a>. The notice shall advise the licensee<\/span> or applicant of the option to (a) admit the alleged violation or the validity of the objection; (b) waive<\/span> any right to a hearing<\/span> or an appeal<\/span> under the Virginia Administrative Process Act (§ 2.2-4000<\/a> et seq.); and (c)(1) accept the proposed restrictions for operating under the license, (2) accept the period of suspension of the licensed<\/span> privileges<\/span> within the Board<\/span>’s parameters, (3) pay a civil penalty<\/span> in lieu of the period of suspension, or any portion of the suspension as applicable, or (4) proceed to a hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In case of an offense<\/span> by the holder of a brewery license, the Board<\/span> may (i) require that such holder pay the costs incurred by the Board<\/span> in investigating the licensee<\/span>, (ii) suspend or revoke the on-premises privileges<\/span> of the brewery, and (iii) impose a civil penalty<\/span> not to exceed $25,000 for the first violation, $50,000 for the second violation, and for the third or any subsequent violation, suspend or revoke such license or, in lieu of any suspension or portion thereof, impose a civil penalty<\/span> not to exceed $100,000. Such suspension or revocation<\/span> shall not prohibit the licensee<\/span> from manufacturing or selling beer<\/span> manufactured by it to the owners of boats registered under the laws<\/span> of the United States sailing for ports of call of a foreign country or another state, and to persons outside the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Board<\/span> shall, by regulation or written order<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Designate those (i) objections to an application or (ii) alleged violations that will proceed to an initial hearing<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Designate the violations for which a waiver<\/span> of a hearing<\/span> and payment of a civil charge in lieu of suspension may be accepted for a first offense<\/span> occurring within three years immediately preceding the date of the violation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Provide for a reduction in the length of any suspension and a reduction in the amount of any civil penalty<\/span> for any retail licensee<\/span> where the licensee<\/span> can demonstrate that it provided to its employees alcohol<\/span> server or seller training certified in advance by the Board<\/span>, which training shall include a course developed or approved by the Department of Criminal Justice Services pursuant to § 9.1-102<\/a> on recognizing and reporting instances of suspected human trafficking; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Establish a schedule of penalties for such offenses<\/span>, prescribing the appropriate suspension of a license and the civil charge acceptable in lieu of such suspension; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Establish a schedule of offenses<\/span> for which any penalty<\/span> may be waived upon a showing that the licensee<\/span> has had no prior violations within five years immediately preceding the date of the violation. No waiver<\/span> shall be granted by the Board<\/span>, however, for a licensee<\/span>’s willful and knowing violation of this subtitle or Board<\/span> regulations. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUSPENSION OR REVOCATION OF LICENSES; NOTICE AND HEARINGS; IMPOSITION OF\nPENALTIES (\u00a7 4.1-227)\n\nA. Except for temporary licenses, before the Board may impose a civil penalty\nagainst a brewery licensee or suspend or revoke any license, reasonable notice\nof such proposed or contemplated action shall be given to the licensee in\naccordance with the provisions of § 2.2-4020 of the Administrative Process\nAct (§ 2.2-4000 et seq.).\n\t\t\tNotwithstanding the provisions of § 2.2-4022, the Board shall, upon\nwritten request by the licensee, permit the licensee to inspect and copy or\nphotograph all (i) written or recorded statements made by the licensee or copies\nthereof or the substance of any oral statements made by the licensee or a\nprevious or present employee of the licensee to any law-enforcement officer, the\nexistence of which is known by the Board and upon which the Board intends to\nrely as evidence in any adversarial proceeding under this chapter against the\nlicensee, and (ii) designated books, papers, documents, tangible objects,\nbuildings, or places, or copies or portions thereof, that are within the\npossession, custody, or control of the Board and upon which the Board intends to\nrely as evidence in any adversarial proceeding under this chapter against the\nlicensee. In addition, any subpoena for the production of documents issued to\nany person at the request of the licensee or the Board pursuant to §\n4.1-103 shall provide for the production of the documents sought within ten\nworking days, notwithstanding anything to the contrary in § 4.1-103.\n\t\t\tIf the Board fails to provide for inspection or copying under this section\nfor the licensee after a written request, the Board shall be prohibited from\nintroducing into evidence any items the licensee would have lawfully been\nentitled to inspect or copy under this section.\n\t\t\tThe action of the Board in suspending or revoking any license or in imposing\na civil penalty against the holder of a brewery license shall be subject to\njudicial review in accordance with the Administrative Process Act. Such review\nshall extend to the entire evidential record of the proceedings provided by the\nBoard in accordance with the Administrative Process Act. An appeal shall lie to\nthe Court of Appeals from any order of the court. Notwithstanding §\n8.01-676.1, the final judgment or order of the circuit court shall not be\nsuspended, stayed or modified by such circuit court pending appeal to the Court\nof Appeals. Neither mandamus nor injunction shall lie in any such case.\n\nB. In suspending any license the Board may impose, as a condition precedent to\nthe removal of such suspension or any portion thereof, a requirement that the\nlicensee pay the cost incurred by the Board in investigating the licensee and in\nholding the proceeding resulting in such suspension, or it may impose and\ncollect such civil penalties as it deems appropriate. In no event shall the\nBoard impose a civil penalty exceeding $2,000 for the first violation occurring\nwithin five years immediately preceding the date of the violation or $5,000 for\nthe second violation occurring within five years immediately preceding the date\nof the second violation. However, if the violation involved selling alcoholic\nbeverages to a person prohibited from purchasing alcoholic beverages or allowing\nconsumption of alcoholic beverages by underage, intoxicated, or interdicted\npersons, the Board may impose a civil penalty not to exceed $3,000 for the first\nviolation occurring within five years immediately preceding the date of the\nviolation and $6,000 for a second violation occurring within five years\nimmediately preceding the date of the second violation in lieu of such\nsuspension or any portion thereof, or both. The Board may also impose a\nrequirement that the licensee pay for the cost incurred by the Board not\nexceeding $25,000 in investigating the licensee and in holding the proceeding\nresulting in the violation in addition to any suspension or civil penalty\nincurred.\n\nC. Following notice to (i) the licensee of a hearing that may result in the\nsuspension or revocation of his license or (ii) the applicant of a hearing to\nresolve a contested application, the Board may accept a consent agreement as\nauthorized in subdivision 21 of § 4.1-103. The notice shall advise the\nlicensee or applicant of the option to (a) admit the alleged violation or the\nvalidity of the objection; (b) waive any right to a hearing or an appeal under\nthe Virginia Administrative Process Act (§ 2.2-4000 et seq.); and (c)(1)\naccept the proposed restrictions for operating under the license, (2) accept the\nperiod of suspension of the licensed privileges within the Board’s\nparameters, (3) pay a civil penalty in lieu of the period of suspension, or any\nportion of the suspension as applicable, or (4) proceed to a hearing.\n\nD. In case of an offense by the holder of a brewery license, the Board may (i)\nrequire that such holder pay the costs incurred by the Board in investigating\nthe licensee, (ii) suspend or revoke the on-premises privileges of the brewery,\nand (iii) impose a civil penalty not to exceed $25,000 for the first violation,\n$50,000 for the second violation, and for the third or any subsequent violation,\nsuspend or revoke such license or, in lieu of any suspension or portion thereof,\nimpose a civil penalty not to exceed $100,000. Such suspension or revocation\nshall not prohibit the licensee from manufacturing or selling beer manufactured\nby it to the owners of boats registered under the laws of the United States\nsailing for ports of call of a foreign country or another state, and to persons\noutside the Commonwealth.\n\nE. The Board shall, by regulation or written order:\n\n 1. Designate those (i) objections to an application or (ii) alleged violations\n that will proceed to an initial hearing;\n\n 2. Designate the violations for which a waiver of a hearing and payment of a\n civil charge in lieu of suspension may be accepted for a first offense\n occurring within three years immediately preceding the date of the violation;\n\n 3. Provide for a reduction in the length of any suspension and a reduction in\n the amount of any civil penalty for any retail licensee where the licensee can\n demonstrate that it provided to its employees alcohol server or seller\n training certified in advance by the Board, which training shall include a\n course developed or approved by the Department of Criminal Justice Services\n pursuant to § 9.1-102 on recognizing and reporting instances of suspected\n human trafficking;\n\n 4. Establish a schedule of penalties for such offenses, prescribing the\n appropriate suspension of a license and the civil charge acceptable in lieu of\n such suspension; and\n\n 5. Establish a schedule of offenses for which any penalty may be waived upon a\n showing that the licensee has had no prior violations within five years\n immediately preceding the date of the violation. No waiver shall be granted by\n the Board, however, for a licensee’s willful and knowing violation of\n this subtitle or Board regulations.\n\nHISTORY: Code 1950, \u00a7 4-37; 1956, c. 521; 1970, cc. 545, 676; 1976, cc. 696,\n698, 702; 1978, c. 579; 1979, c. 537; 1980, c. 299; 1981, cc. 24, 586, 600;\n1982, c. 214; 1983, c. 608; 1984, cc. 180, 200, 703; 1985, c. 559; 1986, cc.\n101, 318, 615; 1987, c. 252; 1991, c. 468; 1992, cc. 161, 820; 1993, c. 866;\n1995, cc. 549, 563; 1996, c. 309; 1999, c. 648; 2008, c. 513; 2009, cc. 135,\n279; 2017, cc. 698, 707; 2020, cc. 1113, 1114; 2025, c. 231.","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}}