                                 CODE OF VIRGINIA

SUSPENSION OR REVOCATION OF LICENSES; NOTICE AND HEARINGS; IMPOSITION OF
PENALTIES (§ 4.1-227)

A. Except for temporary licenses, before the Board may impose a civil penalty
against a brewery licensee or suspend or revoke any license, reasonable notice
of such proposed or contemplated action shall be given to the licensee in
accordance with the provisions of &#xA7; 2.2-4020 of the Administrative Process
Act (&#xA7; 2.2-4000 et seq.).
			Notwithstanding the provisions of &#xA7; 2.2-4022, the Board shall, upon
written request by the licensee, permit the licensee to inspect and copy or
photograph all (i) written or recorded statements made by the licensee or copies
thereof or the substance of any oral statements made by the licensee or a
previous or present employee of the licensee to any law-enforcement officer, the
existence of which is known by the Board and upon which the Board intends to
rely as evidence in any adversarial proceeding under this chapter against the
licensee, and (ii) designated books, papers, documents, tangible objects,
buildings, or places, or copies or portions thereof, that are within the
possession, custody, or control of the Board and upon which the Board intends to
rely as evidence in any adversarial proceeding under this chapter against the
licensee. In addition, any subpoena for the production of documents issued to
any person at the request of the licensee or the Board pursuant to &#xA7;
4.1-103 shall provide for the production of the documents sought within ten
working days, notwithstanding anything to the contrary in &#xA7; 4.1-103.
			If the Board fails to provide for inspection or copying under this section
for the licensee after a written request, the Board shall be prohibited from
introducing into evidence any items the licensee would have lawfully been
entitled to inspect or copy under this section.
			The action of the Board in suspending or revoking any license or in imposing
a civil penalty against the holder of a brewery license shall be subject to
judicial review in accordance with the Administrative Process Act. Such review
shall extend to the entire evidential record of the proceedings provided by the
Board in accordance with the Administrative Process Act. An appeal shall lie to
the Court of Appeals from any order of the court. Notwithstanding &#xA7;
8.01-676.1, the final judgment or order of the circuit court shall not be
suspended, stayed or modified by such circuit court pending appeal to the Court
of Appeals. Neither mandamus nor injunction shall lie in any such case.

B. In suspending any license the Board may impose, as a condition precedent to
the removal of such suspension or any portion thereof, a requirement that the
licensee pay the cost incurred by the Board in investigating the licensee and in
holding the proceeding resulting in such suspension, or it may impose and
collect such civil penalties as it deems appropriate. In no event shall the
Board impose a civil penalty exceeding $2,000 for the first violation occurring
within five years immediately preceding the date of the violation or $5,000 for
the second violation occurring within five years immediately preceding the date
of the second violation. However, if the violation involved selling alcoholic
beverages to a person prohibited from purchasing alcoholic beverages or allowing
consumption of alcoholic beverages by underage, intoxicated, or interdicted
persons, the Board may impose a civil penalty not to exceed $3,000 for the first
violation occurring within five years immediately preceding the date of the
violation and $6,000 for a second violation occurring within five years
immediately preceding the date of the second violation in lieu of such
suspension or any portion thereof, or both. The Board may also impose a
requirement that the licensee pay for the cost incurred by the Board not
exceeding $25,000 in investigating the licensee and in holding the proceeding
resulting in the violation in addition to any suspension or civil penalty
incurred.

C. Following notice to (i) the licensee of a hearing that may result in the
suspension or revocation of his license or (ii) the applicant of a hearing to
resolve a contested application, the Board may accept a consent agreement as
authorized in subdivision 21 of &#xA7; 4.1-103. The notice shall advise the
licensee or applicant of the option to (a) admit the alleged violation or the
validity of the objection; (b) waive any right to a hearing or an appeal under
the Virginia Administrative Process Act (&#xA7; 2.2-4000 et seq.); and (c)(1)
accept the proposed restrictions for operating under the license, (2) accept the
period of suspension of the licensed privileges within the Board&#8217;s
parameters, (3) pay a civil penalty in lieu of the period of suspension, or any
portion of the suspension as applicable, or (4) proceed to a hearing.

D. In case of an offense by the holder of a brewery license, the Board may (i)
require that such holder pay the costs incurred by the Board in investigating
the licensee, (ii) suspend or revoke the on-premises privileges of the brewery,
and (iii) impose a civil penalty not to exceed $25,000 for the first violation,
$50,000 for the second violation, and for the third or any subsequent violation,
suspend or revoke such license or, in lieu of any suspension or portion thereof,
impose a civil penalty not to exceed $100,000. Such suspension or revocation
shall not prohibit the licensee from manufacturing or selling beer manufactured
by it to the owners of boats registered under the laws of the United States
sailing for ports of call of a foreign country or another state, and to persons
outside the Commonwealth.

E. The Board shall, by regulation or written order:

   1. Designate those (i) objections to an application or (ii) alleged violations
   that will proceed to an initial hearing;

   2. Designate the violations for which a waiver of a hearing and payment of a
   civil charge in lieu of suspension may be accepted for a first offense
   occurring within three years immediately preceding the date of the violation;

   3. Provide for a reduction in the length of any suspension and a reduction in
   the amount of any civil penalty for any retail licensee where the licensee can
   demonstrate that it provided to its employees alcohol server or seller
   training certified in advance by the Board, which training shall include a
   course developed or approved by the Department of Criminal Justice Services
   pursuant to &#xA7; 9.1-102 on recognizing and reporting instances of suspected
   human trafficking;

   4. Establish a schedule of penalties for such offenses, prescribing the
   appropriate suspension of a license and the civil charge acceptable in lieu of
   such suspension; and

   5. Establish a schedule of offenses for which any penalty may be waived upon a
   showing that the licensee has had no prior violations within five years
   immediately preceding the date of the violation. No waiver shall be granted by
   the Board, however, for a licensee&#8217;s willful and knowing violation of
   this subtitle or Board regulations.

HISTORY: Code 1950, § 4-37; 1956, c. 521; 1970, cc. 545, 676; 1976, cc. 696,
698, 702; 1978, c. 579; 1979, c. 537; 1980, c. 299; 1981, cc. 24, 586, 600;
1982, c. 214; 1983, c. 608; 1984, cc. 180, 200, 703; 1985, c. 559; 1986, cc.
101, 318, 615; 1987, c. 252; 1991, c. 468; 1992, cc. 161, 820; 1993, c. 866;
1995, cc. 549, 563; 1996, c. 309; 1999, c. 648; 2008, c. 513; 2009, cc. 135,
279; 2017, cc. 698, 707; 2020, cc. 1113, 1114; 2025, c. 231.