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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>69419</law_id><section_number>48-17.1</section_number><catch_line>Temporary injunctions against alcoholic beverage sales</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="48">Nuisances</unit><unit label="chapter" level="2" order_by="1" identifier="2">Houses of Prostitution, Etc.</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> Any locality by or through its mayor, chief executive, or attorney may <span class="dictionary">petition</span> a <span class="dictionary">circuit</span> <span class="dictionary">court</span> to temporarily enjoin the sale of alcohol at any establishment licensed by the Virginia Alcoholic Beverage Control Authority. The basis for such <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">affidavit</span> by the chief <span class="dictionary">law</span>-enforcement officer of the locality, supported by records of such criminal acts. The <span class="dictionary">court</span> shall, upon the presentation of <span class="dictionary">evidence</span> at a <span class="dictionary">hearing</span> on the matter, grant a temporary <span class="dictionary">injunction</span>, without <span class="dictionary">bond</span>, enjoining the sale of alcohol at the establishment, if it appears to the satisfaction of the <span class="dictionary">court</span> that the threat to public safety complained of exists and is likely to continue if such <span class="dictionary">injunction</span> is not granted. The <span class="dictionary">court</span> <span class="dictionary">hearing</span> on the <span class="dictionary">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 <span class="dictionary">hearing</span> and copies of all documentary <span class="dictionary">evidence</span> to be relied upon by the complainant at such <span class="dictionary">hearing</span>. Any <span class="dictionary">injunction</span> issued by the <span class="dictionary">court</span> shall be dissolved in the event the <span class="dictionary">court</span> later finds that the threat to public safety that is the basis of the <span class="dictionary">injunction</span> has been abated by reason of a change of ownership, management, or business operations at the establishment, or other change in circumstance. <a id="paragraph-251067" class="section-permalink" href="https://vacode.org/48-17.1/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> The Virginia Alcoholic Beverage Control Authority shall be given notice of any <span class="dictionary">hearing</span> under this section. In the event an <span class="dictionary">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 <span class="dictionary">hearing</span>. After the Virginia Alcoholic Beverage Control Authority <span class="dictionary">hearing</span> and when a final determination has been issued by the Virginia Alcoholic Beverage Control Authority, regardless of <span class="dictionary">disposition</span>, any <span class="dictionary">injunction</span> issued hereunder shall be null, without further action by the complainant, respondent, or the <span class="dictionary">court</span>. <a id="paragraph-251068" class="section-permalink" href="https://vacode.org/48-17.1/#B"><i class="fa fa-link"/></a></p></section></text><history>2007, c. 456; 2015, cc. 38, 730.</history><metadata></metadata></law>
