{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/48-17.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/48-17.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/48-17.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/48-17.1.html"}],"law_id":69419,"edition_id":1,"section_id":69419,"structure_id":14518,"section_number":"48-17.1","catch_line":"Temporary injunctions against alcoholic beverage sales","history":"2007, c. 456; 2015, cc. 38, 730.","full_text":"A\n\nAny locality by or through its mayor, chief executive, or attorney may petition a circuit court to temporarily enjoin the sale of alcohol at any establishment licensed by the Virginia Alcoholic Beverage Control Authority. The basis for such petition shall be the operator of the establishment has allowed it to become a meeting place for persons committing serious criminal violations of the law on or immediately adjacent to the premises so frequent and serious as to be deemed a continuing threat to public safety, as represented in an affidavit by the chief law-enforcement officer of the locality, supported by records of such criminal acts. The court shall, upon the presentation of evidence at a hearing on the matter, grant a temporary injunction, without bond, enjoining the sale of alcohol at the establishment, if it appears to the satisfaction of the court that the threat to public safety complained of exists and is likely to continue if such injunction is not granted. The court hearing on the petition shall be held within 10 days of service upon the respondent. The respondent shall be served with notice of the time and place of the hearing and copies of all documentary evidence to be relied upon by the complainant at such hearing. Any injunction issued by the court shall be dissolved in the event the court later finds that the threat to public safety that is the basis of the injunction has been abated by reason of a change of ownership, management, or business operations at the establishment, or other change in circumstance.B\n\nThe Virginia Alcoholic Beverage Control Authority shall be given notice of any hearing under this section. In the event an injunction is granted, the Virginia Alcoholic Beverage Control Authority shall initiate an investigation into the activities at the establishment complained of and conduct an administrative hearing. After the Virginia Alcoholic Beverage Control Authority hearing and when a final determination has been issued by the Virginia Alcoholic Beverage Control Authority, regardless of disposition, any injunction issued hereunder shall be null, without further action by the complainant, respondent, or the court.","order_by":null,"text":{"0":{"id":251067,"text":"Any locality by or through its mayor, chief executive, or attorney may petition a circuit court to temporarily enjoin the sale of alcohol at any establishment licensed by the Virginia Alcoholic Beverage Control Authority. The basis for such petition shall be the operator of the establishment has allowed it to become a meeting place for persons committing serious criminal violations of the law on or immediately adjacent to the premises so frequent and serious as to be deemed a continuing threat to public safety, as represented in an affidavit by the chief law-enforcement officer of the locality, supported by records of such criminal acts. The court shall, upon the presentation of evidence at a hearing on the matter, grant a temporary injunction, without bond, enjoining the sale of alcohol at the establishment, if it appears to the satisfaction of the court that the threat to public safety complained of exists and is likely to continue if such injunction is not granted. The court hearing on the petition shall be held within 10 days of service upon the respondent. The respondent shall be served with notice of the time and place of the hearing and copies of all documentary evidence to be relied upon by the complainant at such hearing. Any injunction issued by the court shall be dissolved in the event the court later finds that the threat to public safety that is the basis of the injunction has been abated by reason of a change of ownership, management, or business operations at the establishment, or other change in circumstance.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":251068,"text":"The Virginia Alcoholic Beverage Control Authority shall be given notice of any hearing under this section. In the event an injunction is granted, the Virginia Alcoholic Beverage Control Authority shall initiate an investigation into the activities at the establishment complained of and conduct an administrative hearing. After the Virginia Alcoholic Beverage Control Authority hearing and when a final determination has been issued by the Virginia Alcoholic Beverage Control Authority, regardless of disposition, any injunction issued hereunder shall be null, without further action by the complainant, respondent, or the court.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14518,"edition_id":1,"name":"Houses of Prostitution, Etc.","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":14256,"metadata":{},"date_created":"2026-06-26 03:48:29","date_modified":"2026-06-26 03:48:29","permalink":{"id":233121,"object_type":"structure","relational_id":14518,"identifier":"2","token":"48\/2","url":"\/48\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14256,"edition_id":1,"name":"Nuisances","identifier":"48","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:47:29","date_modified":"2026-06-26 03:47:29","permalink":{"id":233093,"object_type":"structure","relational_id":14256,"identifier":"48","token":"48","url":"\/48\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78959,"structure_id":14518,"section_number":"48-10","catch_line":"Contempt proceedings","url":"\/48-10\/","token":"48\/2\/48-10","metadata":false},{"id":66568,"structure_id":14518,"section_number":"48-11","catch_line":"Punishment for contempt","url":"\/48-11\/","token":"48\/2\/48-11","metadata":false},{"id":58204,"structure_id":14518,"section_number":"48-12","catch_line":"Order of abatement of nuisance; sale of furniture, etc.; closing of building","url":"\/48-12\/","token":"48\/2\/48-12","metadata":false},{"id":63164,"structure_id":14518,"section_number":"48-13","catch_line":"Disposition of proceeds of sale","url":"\/48-13\/","token":"48\/2\/48-13","metadata":false},{"id":55947,"structure_id":14518,"section_number":"48-14","catch_line":"When property to be delivered to owner on giving bond","url":"\/48-14\/","token":"48\/2\/48-14","metadata":false},{"id":62226,"structure_id":14518,"section_number":"48-15","catch_line":"Immunity to witnesses","url":"\/48-15\/","token":"48\/2\/48-15","metadata":false},{"id":82351,"structure_id":14518,"section_number":"48-16","catch_line":"Closure of nuisance involving illegal drug transactions","url":"\/48-16\/","token":"48\/2\/48-16","metadata":false},{"id":70861,"structure_id":14518,"section_number":"48-17","catch_line":"Enjoining nuisances involving illegal drug transactions","url":"\/48-17\/","token":"48\/2\/48-17","metadata":false},{"id":69419,"structure_id":14518,"section_number":"48-17.1","catch_line":"Temporary injunctions against alcoholic beverage sales","url":"\/48-17.1\/","token":"48\/2\/48-17.1","metadata":false},{"id":66210,"structure_id":14518,"section_number":"48-7","catch_line":"Houses and contents are nuisances subject to abatement","url":"\/48-7\/","token":"48\/2\/48-7","metadata":false},{"id":79030,"structure_id":14518,"section_number":"48-8","catch_line":"How nuisance enjoined","url":"\/48-8\/","token":"48\/2\/48-8","metadata":false},{"id":65523,"structure_id":14518,"section_number":"48-9","catch_line":"When case to be tried; dismissal; substitution of complainant; costs","url":"\/48-9\/","token":"48\/2\/48-9","metadata":false}],"previous_section":{"id":70861,"structure_id":14518,"section_number":"48-17","catch_line":"Enjoining nuisances involving illegal drug transactions","url":"\/48-17\/","token":"48\/2\/48-17","metadata":false},"next_section":{"id":66210,"structure_id":14518,"section_number":"48-7","catch_line":"Houses and contents are nuisances subject to abatement","url":"\/48-7\/","token":"48\/2\/48-7","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/48-17.1\/","history_text":"

This law was first created in 2007. The record of its establishment is cataloged in chapter 456<\/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 2015, chapters 38<\/a> and 730<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":233155,"object_type":"law","relational_id":69419,"identifier":"48-17.1","token":"48\/2\/48-17.1","url":"\/48-17.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/48-17.1\/","token":"48\/2\/48-17.1","dublin_core":{"Title":"Temporary injunctions against alcoholic beverage sales","Type":"Text","Format":"text\/html","Identifier":"\u00a7 48-17.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any locality by or through its mayor, chief executive, or attorney may petition<\/span> a circuit<\/span> court<\/span> to temporarily enjoin the sale of alcohol at any establishment licensed by the Virginia Alcoholic Beverage Control Authority. The basis for such petition<\/span> shall be the operator of the establishment has allowed it to become a meeting place for persons committing serious criminal violations of the law<\/span> on or immediately adjacent to the premises so frequent and serious as to be deemed a continuing threat to public safety, as represented in an affidavit<\/span> by the chief law<\/span>-enforcement officer of the locality, supported by records of such criminal acts. The court<\/span> shall, upon the presentation of evidence<\/span> at a hearing<\/span> on the matter, grant a temporary injunction<\/span>, without bond<\/span>, enjoining the sale of alcohol at the establishment, if it appears to the satisfaction of the court<\/span> that the threat to public safety complained of exists and is likely to continue if such injunction<\/span> is not granted. The court<\/span> hearing<\/span> on the petition<\/span> shall be held within 10 days of service upon the respondent. The respondent shall be served with notice of the time and place of the hearing<\/span> and copies of all documentary evidence<\/span> to be relied upon by the complainant at such hearing<\/span>. Any injunction<\/span> issued by the court<\/span> shall be dissolved in the event the court<\/span> later finds that the threat to public safety that is the basis of the injunction<\/span> has been abated by reason of a change of ownership, management, or business operations at the establishment, or other change in circumstance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Virginia Alcoholic Beverage Control Authority shall be given notice of any hearing<\/span> under this section. In the event an injunction<\/span> is granted, the Virginia Alcoholic Beverage Control Authority shall initiate an investigation into the activities at the establishment complained of and conduct an administrative hearing<\/span>. After the Virginia Alcoholic Beverage Control Authority hearing<\/span> and when a final determination has been issued by the Virginia Alcoholic Beverage Control Authority, regardless of disposition<\/span>, any injunction<\/span> issued hereunder shall be null, without further action by the complainant, respondent, or the court<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTEMPORARY INJUNCTIONS AGAINST ALCOHOLIC BEVERAGE SALES (\u00a7 48-17.1)\n\nA. Any locality by or through its mayor, chief executive, or attorney may\npetition a circuit court to temporarily enjoin the sale of alcohol at any\nestablishment licensed by the Virginia Alcoholic Beverage Control Authority. The\nbasis for such petition shall be the operator of the establishment has allowed\nit to become a meeting place for persons committing serious criminal violations\nof the law on or immediately adjacent to the premises so frequent and serious as\nto be deemed a continuing threat to public safety, as represented in an\naffidavit by the chief law-enforcement officer of the locality, supported by\nrecords of such criminal acts. The court shall, upon the presentation of\nevidence at a hearing on the matter, grant a temporary injunction, without bond,\nenjoining the sale of alcohol at the establishment, if it appears to the\nsatisfaction of the court that the threat to public safety complained of exists\nand is likely to continue if such injunction is not granted. The court hearing\non the petition shall be held within 10 days of service upon the respondent. The\nrespondent shall be served with notice of the time and place of the hearing and\ncopies of all documentary evidence to be relied upon by the complainant at such\nhearing. Any injunction issued by the court shall be dissolved in the event the\ncourt later finds that the threat to public safety that is the basis of the\ninjunction has been abated by reason of a change of ownership, management, or\nbusiness operations at the establishment, or other change in circumstance.\n\nB. The Virginia Alcoholic Beverage Control Authority shall be given notice of\nany hearing under this section. In the event an injunction is granted, the\nVirginia Alcoholic Beverage Control Authority shall initiate an investigation\ninto the activities at the establishment complained of and conduct an\nadministrative hearing. After the Virginia Alcoholic Beverage Control Authority\nhearing and when a final determination has been issued by the Virginia Alcoholic\nBeverage Control Authority, regardless of disposition, any injunction issued\nhereunder shall be null, without further action by the complainant, respondent,\nor the court.\n\nHISTORY: 2007, c. 456; 2015, cc. 38, 730.","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}}