{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-509.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-509.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-509.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-509.1.html"}],"law_id":84856,"edition_id":1,"section_id":84856,"structure_id":13131,"section_number":"4.1-509.1","catch_line":"Board proceedings; contemplated actions by brewery or wholesaler","history":"2013, c. 3; 2023, c. 774.","full_text":"A\n\nFor purposes of this section, “contemplated action” means an action proposed by a brewery or wholesaler that (i) if carried out would violate any provision of this chapter or clause (v) of subdivision A 1 b of § 4.1-225 and (ii) is demonstrated by a specific written statement authored by a brewery or an employee of a wholesaler who is specifically authorized by virtue of job title and responsibility to make such statement and such other evidence as may be required by the Board pursuant to the facts of any given circumstance.B\n\nSubsequent to compliance with subsection D, any wholesaler may file a petition against a brewery, and any brewery may file a petition against a wholesaler, in which the petitioner alleges that the respondent named in the petition as a matter of past or present fact has contemplated action that if carried out would violate any provision of this chapter or clause (v) of subdivision A 1 b of § 4.1-225. Any such petition filed shall identify with specificity the alleged contemplated action, the document in which such contemplated action is described or authorized, and specify the provision of law or regulation that the contemplated action would violate if carried out. The petition shall include a statement that a controversy as to the lawfulness of the contemplated action exists. The statement shall be supported by evidence of the petitioner’s good faith effort to resolve the controversy in accordance with subsection D. The petitioner shall have the burden of establishing that the contemplated actions identified in the petition, if carried out, would violate any provision of law or regulation enumerated in this subsection. The Board may, if it finds that a brewery or wholesaler has frivolously maintained a petition or defense to a proceeding pursuant to this chapter, award reasonable costs and attorney fees to the prevailing party.C\n\nAny petition filed by a brewery or wholesaler pursuant to this section shall be delivered to the Secretary of the Board. The Board shall promptly issue a written determination as to whether a violation or attempted violation as alleged in the petition has occurred. In addition, the Board shall promptly issue a written determination as to whether a violation alleged in the petition would occur if the contemplated action identified in the petition were to be carried out.D\n\nPrior to filing a petition, a party shall communicate with the party alleged to be considering a contemplated action and initiate a good faith attempt to resolve the issue in question. If within 21 days of initiating the communication required by this subsection, or such longer period of time if mutually agreed upon, there is no resolution, either party may proceed to file a petition in accordance with subsection B.","order_by":null,"text":{"0":{"id":304001,"text":"For purposes of this section, “contemplated action” means an action proposed by a brewery or wholesaler that (i) if carried out would violate any provision of this chapter or clause (v) of subdivision A 1 b of § 4.1-225 and (ii) is demonstrated by a specific written statement authored by a brewery or an employee of a wholesaler who is specifically authorized by virtue of job title and responsibility to make such statement and such other evidence as may be required by the Board pursuant to the facts of any given circumstance.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":304002,"text":"Subsequent to compliance with subsection D, any wholesaler may file a petition against a brewery, and any brewery may file a petition against a wholesaler, in which the petitioner alleges that the respondent named in the petition as a matter of past or present fact has contemplated action that if carried out would violate any provision of this chapter or clause (v) of subdivision A 1 b of § 4.1-225. Any such petition filed shall identify with specificity the alleged contemplated action, the document in which such contemplated action is described or authorized, and specify the provision of law or regulation that the contemplated action would violate if carried out. The petition shall include a statement that a controversy as to the lawfulness of the contemplated action exists. The statement shall be supported by evidence of the petitioner’s good faith effort to resolve the controversy in accordance with subsection D. The petitioner shall have the burden of establishing that the contemplated actions identified in the petition, if carried out, would violate any provision of law or regulation enumerated in this subsection. The Board may, if it finds that a brewery or wholesaler has frivolously maintained a petition or defense to a proceeding pursuant to this chapter, award reasonable costs and attorney fees to the prevailing party.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":304003,"text":"Any petition filed by a brewery or wholesaler pursuant to this section shall be delivered to the Secretary of the Board. The Board shall promptly issue a written determination as to whether a violation or attempted violation as alleged in the petition has occurred. In addition, the Board shall promptly issue a written determination as to whether a violation alleged in the petition would occur if the contemplated action identified in the petition were to be carried out.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":304004,"text":"Prior to filing a petition, a party shall communicate with the party alleged to be considering a contemplated action and initiate a good faith attempt to resolve the issue in question. If within 21 days of initiating the communication required by this subsection, or such longer period of time if mutually agreed upon, there is no resolution, either party may proceed to file a petition in accordance with subsection B.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13131,"edition_id":1,"name":"Beer Franchise Act","identifier":"5","label":"chapter","depth":3,"order_by":1,"parent_id":13130,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":219337,"object_type":"structure","relational_id":13131,"identifier":"5","token":"4.1\/I\/5","url":"\/4.1\/I\/5\/","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":54985,"structure_id":13131,"section_number":"4.1-500","catch_line":"Definitions","url":"\/4.1-500\/","token":"4.1\/I\/5\/4.1-500","metadata":false},{"id":83515,"structure_id":13131,"section_number":"4.1-501","catch_line":"Applicability","url":"\/4.1-501\/","token":"4.1\/I\/5\/4.1-501","metadata":false},{"id":58797,"structure_id":13131,"section_number":"4.1-502","catch_line":"No inducement or coercion","url":"\/4.1-502\/","token":"4.1\/I\/5\/4.1-502","metadata":false},{"id":73349,"structure_id":13131,"section_number":"4.1-503","catch_line":"Sales territory","url":"\/4.1-503\/","token":"4.1\/I\/5\/4.1-503","metadata":false},{"id":76675,"structure_id":13131,"section_number":"4.1-504","catch_line":"Sale of brewery","url":"\/4.1-504\/","token":"4.1\/I\/5\/4.1-504","metadata":false},{"id":64225,"structure_id":13131,"section_number":"4.1-505","catch_line":"Cancellation","url":"\/4.1-505\/","token":"4.1\/I\/5\/4.1-505","metadata":false},{"id":68432,"structure_id":13131,"section_number":"4.1-506","catch_line":"Notice of intent to terminate","url":"\/4.1-506\/","token":"4.1\/I\/5\/4.1-506","metadata":false},{"id":82189,"structure_id":13131,"section_number":"4.1-507","catch_line":"Transfer of business","url":"\/4.1-507\/","token":"4.1\/I\/5\/4.1-507","metadata":false},{"id":54162,"structure_id":13131,"section_number":"4.1-508","catch_line":"Remedies","url":"\/4.1-508\/","token":"4.1\/I\/5\/4.1-508","metadata":false},{"id":63316,"structure_id":13131,"section_number":"4.1-509","catch_line":"Board proceedings and appellate review","url":"\/4.1-509\/","token":"4.1\/I\/5\/4.1-509","metadata":false},{"id":84856,"structure_id":13131,"section_number":"4.1-509.1","catch_line":"Board proceedings; contemplated actions by brewery or wholesaler","url":"\/4.1-509.1\/","token":"4.1\/I\/5\/4.1-509.1","metadata":false},{"id":79517,"structure_id":13131,"section_number":"4.1-510","catch_line":"Price of product","url":"\/4.1-510\/","token":"4.1\/I\/5\/4.1-510","metadata":false},{"id":84245,"structure_id":13131,"section_number":"4.1-511","catch_line":"Increase of prices","url":"\/4.1-511\/","token":"4.1\/I\/5\/4.1-511","metadata":false},{"id":55929,"structure_id":13131,"section_number":"4.1-512","catch_line":"Retaliatory action prohibited","url":"\/4.1-512\/","token":"4.1\/I\/5\/4.1-512","metadata":false},{"id":69761,"structure_id":13131,"section_number":"4.1-513","catch_line":"Management","url":"\/4.1-513\/","token":"4.1\/I\/5\/4.1-513","metadata":false},{"id":82770,"structure_id":13131,"section_number":"4.1-514","catch_line":"Discrimination prohibited","url":"\/4.1-514\/","token":"4.1\/I\/5\/4.1-514","metadata":false},{"id":81269,"structure_id":13131,"section_number":"4.1-515","catch_line":"Waiver prohibited; conflicts of laws","url":"\/4.1-515\/","token":"4.1\/I\/5\/4.1-515","metadata":false},{"id":72076,"structure_id":13131,"section_number":"4.1-516","catch_line":"Right of free association","url":"\/4.1-516\/","token":"4.1\/I\/5\/4.1-516","metadata":false},{"id":77573,"structure_id":13131,"section_number":"4.1-517","catch_line":"Reasonableness and good faith","url":"\/4.1-517\/","token":"4.1\/I\/5\/4.1-517","metadata":false}],"previous_section":{"id":63316,"structure_id":13131,"section_number":"4.1-509","catch_line":"Board proceedings and appellate review","url":"\/4.1-509\/","token":"4.1\/I\/5\/4.1-509","metadata":false},"next_section":{"id":79517,"structure_id":13131,"section_number":"4.1-510","catch_line":"Price of product","url":"\/4.1-510\/","token":"4.1\/I\/5\/4.1-510","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-509.1\/","history_text":"

This law was first created in 2013. The record of its establishment is cataloged in chapter 3<\/a> 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. It has been modified 1 time. 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. That modification is as follows: in 2023, chapter 774<\/a>.<\/p>","references":false,"refers_to":[{"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\/"}],"permalink":{"id":219379,"object_type":"law","relational_id":84856,"identifier":"4.1-509.1","token":"4.1\/I\/5\/4.1-509.1","url":"\/4.1-509.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-509.1\/","token":"4.1\/I\/5\/4.1-509.1","dublin_core":{"Title":"Board proceedings; contemplated actions by brewery or wholesaler","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-509.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section, “contemplated action<\/span>” means an action proposed by a brewery<\/span> or wholesaler that (i) if carried out would violate any provision of this chapter or clause (v) of subdivision A 1 b of § 4.1-225<\/a> and (ii) is demonstrated by a specific written statement authored by a brewery<\/span> or an employee of a wholesaler who is specifically authorized by virtue of job title and responsibility to make such statement and such other evidence<\/span> as may be required by the Board<\/span> pursuant to the facts<\/span> of any given circumstance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Subsequent to compliance with subsection D, any wholesaler may file a petition<\/span> against a brewery<\/span>, and any brewery<\/span> may file a petition<\/span> against a wholesaler, in which the petitioner alleges that the respondent named in the petition<\/span> as a matter of past or present fact<\/span> has contemplated action<\/span> that if carried out would violate any provision of this chapter or clause (v) of subdivision A 1 b of § 4.1-225<\/a>. Any such petition<\/span> filed shall identify with specificity the alleged contemplated action<\/span>, the document in which such contemplated action<\/span> is described or authorized, and specify the provision of law<\/span> or regulation that the contemplated action<\/span> would violate if carried out. The petition<\/span> shall include a statement that a controversy as to the lawfulness of the contemplated action<\/span> exists. The statement shall be supported by evidence<\/span> of the petitioner’s good faith effort to resolve the controversy in accordance with subsection D. The petitioner shall have the burden of establishing that the contemplated actions<\/span> identified in the petition<\/span>, if carried out, would violate any provision of law<\/span> or regulation enumerated in this subsection. The Board<\/span> may, if it finds that a brewery<\/span> or wholesaler has frivolously maintained a petition<\/span> or defense to a proceeding pursuant to this chapter, award reasonable costs and attorney fees to the prevailing party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any petition<\/span> filed by a brewery<\/span> or wholesaler pursuant to this section shall be delivered to the Secretary of the Board<\/span>. The Board<\/span> shall promptly issue<\/span> a written determination as to whether a violation or attempted violation as alleged in the petition<\/span> has occurred. In addition, the Board<\/span> shall promptly issue<\/span> a written determination as to whether a violation alleged in the petition<\/span> would occur if the contemplated action<\/span> identified in the petition<\/span> were to be carried out. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Prior to filing a petition<\/span>, a party<\/span> shall communicate with the party<\/span> alleged to be considering a contemplated action<\/span> and initiate a good faith attempt to resolve the issue<\/span> in question. If within 21 days of initiating the communication required by this subsection, or such longer period of time if mutually agreed upon, there is no resolution, either party<\/span> may proceed to file a petition<\/span> in accordance with subsection B. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBOARD PROCEEDINGS; CONTEMPLATED ACTIONS BY BREWERY OR WHOLESALER (\u00a7 4.1-509.1)\n\nA. For purposes of this section, “contemplated action” means an\naction proposed by a brewery or wholesaler that (i) if carried out would violate\nany provision of this chapter or clause (v) of subdivision A 1 b of §\n4.1-225 and (ii) is demonstrated by a specific written statement authored by a\nbrewery or an employee of a wholesaler who is specifically authorized by virtue\nof job title and responsibility to make such statement and such other evidence\nas may be required by the Board pursuant to the facts of any given circumstance.\n\nB. Subsequent to compliance with subsection D, any wholesaler may file a\npetition against a brewery, and any brewery may file a petition against a\nwholesaler, in which the petitioner alleges that the respondent named in the\npetition as a matter of past or present fact has contemplated action that if\ncarried out would violate any provision of this chapter or clause (v) of\nsubdivision A 1 b of § 4.1-225. Any such petition filed shall identify with\nspecificity the alleged contemplated action, the document in which such\ncontemplated action is described or authorized, and specify the provision of law\nor regulation that the contemplated action would violate if carried out. The\npetition shall include a statement that a controversy as to the lawfulness of\nthe contemplated action exists. The statement shall be supported by evidence of\nthe petitioner’s good faith effort to resolve the controversy in\naccordance with subsection D. The petitioner shall have the burden of\nestablishing that the contemplated actions identified in the petition, if\ncarried out, would violate any provision of law or regulation enumerated in this\nsubsection. The Board may, if it finds that a brewery or wholesaler has\nfrivolously maintained a petition or defense to a proceeding pursuant to this\nchapter, award reasonable costs and attorney fees to the prevailing party.\n\nC. Any petition filed by a brewery or wholesaler pursuant to this section shall\nbe delivered to the Secretary of the Board. The Board shall promptly issue a\nwritten determination as to whether a violation or attempted violation as\nalleged in the petition has occurred. In addition, the Board shall promptly\nissue a written determination as to whether a violation alleged in the petition\nwould occur if the contemplated action identified in the petition were to be\ncarried out.\n\nD. Prior to filing a petition, a party shall communicate with the party alleged\nto be considering a contemplated action and initiate a good faith attempt to\nresolve the issue in question. If within 21 days of initiating the communication\nrequired by this subsection, or such longer period of time if mutually agreed\nupon, there is no resolution, either party may proceed to file a petition in\naccordance with subsection B.\n\nHISTORY: 2013, c. 3; 2023, c. 774.","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}}