{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-509.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-509.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-509.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-509.html"}],"law_id":63316,"edition_id":1,"section_id":63316,"structure_id":13131,"section_number":"4.1-509","catch_line":"Board proceedings and appellate review","history":"1978, c. 579, \u00a7 4-118.11; 1980, c. 299; 1981, c. 536; 1985, c. 549; 1987, c. 139; 1993, c. 866.","full_text":"A\n\nThe Board, upon petition by any beer wholesaler or brewery, or upon its own motion if it has reasonable grounds to believe a violation has or may have occurred, shall have the responsibility of determining whether a violation of any provision of this chapter has occurred. The Board may, if it finds that a brewery or beer wholesaler has acted in bad faith in violating any provision of this chapter or in seeking relief pursuant to this chapter, award reasonable costs and attorneys’ fees to the prevailing party.B\n\nAll proceedings under this chapter and any judicial review thereof shall be held in accordance with and governed by the Virginia Administrative Process Act (§ 2.2-4000 et seq.). Notwithstanding the foregoing, the Board may adopt regulations pertaining to proceedings under this chapter, including regulations authorizing or requiring the issuance of subpoenas for the production of documents, subpoenas for the attendance of witnesses, requests for admissions, interrogatories, and depositions, not inconsistent with Part 4 of the Rules of the Supreme Court of Virginia.C\n\nIn all proceedings under this chapter the Board or the circuit court reviewing a Board order, for good cause, shall enter an order requiring that information relating to the sale, marketing or manufacturing practices or processes of the brewery or the wholesaler be filed with the Board or the court, as the case may be, in sealed envelopes and that the information contained therein remain available only to the brewery and wholesaler on condition that such information will not be disclosed by the Board, the brewery, or the wholesaler, or their respective agents and employees. Upon conclusion of the proceedings under this chapter, information supplied shall be returned to the party furnishing it or, in the alternative, the Board or the court may order that such information be sealed to be opened only by order of the Board or the court.","order_by":null,"text":{"0":{"id":230720,"text":"The Board, upon petition by any beer wholesaler or brewery, or upon its own motion if it has reasonable grounds to believe a violation has or may have occurred, shall have the responsibility of determining whether a violation of any provision of this chapter has occurred. The Board may, if it finds that a brewery or beer wholesaler has acted in bad faith in violating any provision of this chapter or in seeking relief pursuant to this chapter, award reasonable costs and attorneys’ fees to the prevailing party.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":230721,"text":"All proceedings under this chapter and any judicial review thereof shall be held in accordance with and governed by the Virginia Administrative Process Act (§ 2.2-4000 et seq.). Notwithstanding the foregoing, the Board may adopt regulations pertaining to proceedings under this chapter, including regulations authorizing or requiring the issuance of subpoenas for the production of documents, subpoenas for the attendance of witnesses, requests for admissions, interrogatories, and depositions, not inconsistent with Part 4 of the Rules of the Supreme Court of Virginia.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":230722,"text":"In all proceedings under this chapter the Board or the circuit court reviewing a Board order, for good cause, shall enter an order requiring that information relating to the sale, marketing or manufacturing practices or processes of the brewery or the wholesaler be filed with the Board or the court, as the case may be, in sealed envelopes and that the information contained therein remain available only to the brewery and wholesaler on condition that such information will not be disclosed by the Board, the brewery, or the wholesaler, or their respective agents and employees. Upon conclusion of the proceedings under this chapter, information supplied shall be returned to the party furnishing it or, in the alternative, the Board or the court may order that such information be sealed to be opened only by order of the Board or the court.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-509\/","history_text":"

This law was first created in 1978. The record of its establishment is cataloged in chapter 579 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 1978 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1980, chapter 299; in 1981, chapter 536; in 1985, chapter 549; in 1987, chapter 139; in 1993, chapter 866.<\/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":219375,"object_type":"law","relational_id":63316,"identifier":"4.1-509","token":"4.1\/I\/5\/4.1-509","url":"\/4.1-509\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-509\/","token":"4.1\/I\/5\/4.1-509","dublin_core":{"Title":"Board proceedings and appellate review","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-509","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span>, upon petition<\/span> by any beer<\/span> wholesaler or brewery<\/span>, or upon its own motion<\/span> if it has reasonable grounds to believe a violation has or may have occurred, shall have the responsibility of determining whether a violation of any provision of this chapter has occurred. The Board<\/span> may, if it finds that a brewery<\/span> or beer<\/span> wholesaler has acted in bad faith in violating any provision of this chapter or in seeking relief pursuant to this chapter, award reasonable costs and attorneys’ fees to the prevailing party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> All proceedings under this chapter and any judicial review thereof shall be held in accordance with and governed by the Virginia Administrative Process Act (§ 2.2-4000<\/a> et seq.). Notwithstanding the foregoing, the Board<\/span> may adopt regulations pertaining to proceedings under this chapter, including regulations authorizing or requiring the issuance of subpoenas<\/span> for the production of documents, subpoenas<\/span> for the attendance of witnesses, requests for admissions, interrogatories<\/span>, and depositions<\/span>, not inconsistent with Part 4 of the Rules of the Supreme Court<\/span> of Virginia. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In all proceedings under this chapter the Board<\/span> or the circuit<\/span> court<\/span> reviewing a Board<\/span> order<\/span>, for good cause, shall enter an order<\/span> requiring that information relating to the sale<\/span>, marketing or manufacturing practices or processes of the brewery<\/span> or the wholesaler be filed with the Board<\/span> or the court<\/span>, as the case may be, in sealed<\/span> envelopes and that the information contained therein remain available only to the brewery<\/span> and wholesaler on condition that such information will not be disclosed by the Board<\/span>, the brewery<\/span>, or the wholesaler, or their respective agents and employees. Upon conclusion of the proceedings under this chapter, information supplied shall be returned to the party<\/span> furnishing it or, in the alternative, the Board<\/span> or the court<\/span> may order<\/span> that such information be sealed<\/span> to be opened only by order<\/span> of the Board<\/span> or the court<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBOARD PROCEEDINGS AND APPELLATE REVIEW (\u00a7 4.1-509)\n\nA. The Board, upon petition by any beer wholesaler or brewery, or upon its own\nmotion if it has reasonable grounds to believe a violation has or may have\noccurred, shall have the responsibility of determining whether a violation of\nany provision of this chapter has occurred. The Board may, if it finds that a\nbrewery or beer wholesaler has acted in bad faith in violating any provision of\nthis chapter or in seeking relief pursuant to this chapter, award reasonable\ncosts and attorneys’ fees to the prevailing party.\n\nB. All proceedings under this chapter and any judicial review thereof shall be\nheld in accordance with and governed by the Virginia Administrative Process Act\n(§ 2.2-4000 et seq.). Notwithstanding the foregoing, the Board may adopt\nregulations pertaining to proceedings under this chapter, including regulations\nauthorizing or requiring the issuance of subpoenas for the production of\ndocuments, subpoenas for the attendance of witnesses, requests for admissions,\ninterrogatories, and depositions, not inconsistent with Part 4 of the Rules of\nthe Supreme Court of Virginia.\n\nC. In all proceedings under this chapter the Board or the circuit court\nreviewing a Board order, for good cause, shall enter an order requiring that\ninformation relating to the sale, marketing or manufacturing practices or\nprocesses of the brewery or the wholesaler be filed with the Board or the court,\nas the case may be, in sealed envelopes and that the information contained\ntherein remain available only to the brewery and wholesaler on condition that\nsuch information will not be disclosed by the Board, the brewery, or the\nwholesaler, or their respective agents and employees. Upon conclusion of the\nproceedings under this chapter, information supplied shall be returned to the\nparty furnishing it or, in the alternative, the Board or the court may order\nthat such information be sealed to be opened only by order of the Board or the\ncourt.\n\nHISTORY: 1978, c. 579, \u00a7 4-118.11; 1980, c. 299; 1981, c. 536; 1985, c. 549;\n1987, c. 139; 1993, c. 866.","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}}