                                 CODE OF VIRGINIA

EFFECT OF LOCAL OPTION REFERENDA (§ 4.1-122)

A. If in any referendum held under the provisions of &#xA7; 4.1-121 in any
county, city, or town a majority of the qualified voters vote &#8220;Yes&#8221;
on the question, then on and after 60 days from the date on which the order of
the court, setting forth the results of such referendum was entered of record,
none of the alcoholic beverages voted against shall be sold in such county,
city, or town except for delivery or shipment to persons outside of such county,
city, or town authorized under this subtitle to acquire the alcoholic beverages
for resale. This subsection shall not apply to common carriers of passengers by
train, boat or airplane selling wine and beer to bona fide passengers.

B. If in any such referendum held in any county, city, or town in which a
majority of the qualified voters have previously voted to prohibit the sale of
alcoholic beverages by the Board and in a subsequent election a majority of the
voters of the county, city, or town vote &#8220;No&#8221; on the question stated
in &#xA7; 4.1-121, then such alcoholic beverages may, in accordance with this
subtitle, be sold within the county, city, or town on and after 60 days from the
day on which the order of the court setting forth the results of such election
is entered of record.

C. If any referendum is held under the provisions of &#xA7; 4.1-124 in any
county, town, or supervisor&#8217;s election district of a county and the
majority of voters voting in such referendum voted &#8220;Yes,&#8221; the sale
by the Board of alcoholic beverages, other than beer and wine not produced by
farm wineries, shall be prohibited in such county, town, or supervisor&#8217;s
election district of a county. Notwithstanding this section and any referendum
held under &#xA7; 4.1-121 to the contrary, persons licensed to sell mixed
beverages in such county, town, or supervisor&#8217;s election district of a
county shall also be permitted to sell wine and beer for on-premises
consumption, provided the appropriate license fees are paid for the privilege.

D. The provisions of this section shall not prevent in any county, city, or
town, the sale and delivery or shipment of alcoholic beverages specified in
&#xA7; 4.1-200 to and by persons therein authorized to sell alcoholic beverages,
nor prevent the delivery or shipment of alcoholic beverages under Board
regulations into any county, city, or town, except as otherwise prohibited by
this subtitle.

E. For the purpose of this section, when any referendum is held in any town,
separate and apart from the county in which such town or a part thereof is
located, such town shall be treated as being separate and apart from such
county.

HISTORY: Code 1950, § 4-46; 1954, c. 221; 1974, c. 460; 1975, c. 482; 1977, c.
683; 1980, cc. 541, 543; 1982, cc. 66, 204; 1984, c. 200; 1991, c. 690; 1993, c.
866; 2019, cc. 37, 178.