                                 CODE OF VIRGINIA

GENERAL POWERS OF BOARD (§ 4.1-103)

The Board shall have the power to:

1. Sue and be sued, implead and be impleaded, and complain and defend in all
courts;

2. Adopt, use, and alter at will a common seal;

3. Fix, alter, charge, and collect rates, rentals, fees, and other charges for
the use of property of, the sale of products of, or services rendered by the
Authority at rates to be determined by the Authority for the purpose of
providing for the payment of the expenses of the Authority;

4. Make and enter into all contracts and agreements necessary or incidental to
the performance of its duties, the furtherance of its purposes, and the
execution of its powers under this subtitle, including agreements with any
person or federal agency;

5. Employ, at its discretion, consultants, researchers, architects, engineers,
accountants, financial experts, investment bankers, superintendents, managers,
and such other employees and special agents as may be necessary and fix their
compensation to be payable from funds made available to the Authority. Legal
services for the Authority shall be provided by the Attorney General in
accordance with Chapter 5 (&#xA7; 2.2-500 et seq.) of Title 2.2;

6. Receive and accept from any federal or private agency, foundation,
corporation, association, or person grants or other aid to be expended in
accomplishing the objectives of the Authority, and receive and accept from the
Commonwealth or any state and any municipality, county, or other political
subdivision thereof or from any other source aid or contributions of either
money, property, or other things of value, to be held, used, and applied only
for the purposes for which such grants and contributions may be made. All
federal moneys accepted under this section shall be accepted and expended by the
Authority upon such terms and conditions as are prescribed by the United States
and as are consistent with state law, and all state moneys accepted under this
section shall be expended by the Authority upon such terms and conditions as are
prescribed by the Commonwealth;

7. Adopt, alter, and repeal bylaws, rules, and regulations governing the manner
in which its business shall be transacted and the manner in which the powers of
the Authority shall be exercised and its duties performed. The Board may
delegate or assign any duty or task to be performed by the Authority to any
officer or employee of the Authority. The Board shall remain responsible for the
performance of any such duties or tasks. Any delegation pursuant to this
subdivision shall, where appropriate, be accompanied by written guidelines for
the exercise of the duties or tasks delegated. Where appropriate, the guidelines
shall require that the Board receive summaries of actions taken. Such delegation
or assignment shall not relieve the Board of the responsibility to ensure
faithful performance of the duties and tasks;

8. Conduct or engage in any lawful business, activity, effort, or project
consistent with the Authority&#8217;s purposes or necessary or convenient to
exercise its powers;

9. Develop policies and procedures generally applicable to the procurement of
goods, services, and construction, based upon competitive principles;

10. Develop policies and procedures consistent with Article 4 (&#xA7; 2.2-4347
et seq.) of Chapter 43 of Title 2.2;

11. Buy, import and sell alcoholic beverages other than beer and wine not
produced by farm wineries, and to have alcoholic beverages other than beer and
wine not produced by farm wineries in its possession for sale;

12. Buy and sell any mixers;

13. Buy and sell products licensed by the Virginia Tourism Corporation that are
within international trademark classes 16 (paper goods and printer matters), 18
(leather goods), 21 (housewares and glass), and 25 (clothing);

14. Control the possession, sale, transportation, and delivery of alcoholic
beverages;

15. Determine, subject to &#xA7; 4.1-121, the localities within which government
stores shall be established or operated and the location of such stores;

16. Maintain warehouses for alcoholic beverages and control the storage and
delivery of alcoholic beverages to and from such warehouses;

17. Acquire, purchase, hold, use, lease, or otherwise dispose of any property,
real, personal or mixed, tangible or intangible, or any interest therein
necessary or desirable for carrying out the purposes of the Authority; lease as
lessee any property, real, personal or mixed, tangible or intangible, or any
interest therein, at such annual rental and on such terms and conditions as may
be determined by the Board; lease as lessor to any person any property, real,
personal or mixed, tangible or intangible, or any interest therein, at any time
acquired by the Authority, whether wholly or partially completed, at such annual
rental and on such terms and conditions as may be determined by the Board; sell,
transfer, or convey any property, real, personal or mixed, tangible or
intangible, or any interest therein, at any time acquired or held by the
Authority on such terms and conditions as may be determined by the Board; and
occupy and improve any land or building required for the purposes of this
subtitle;

18. Purchase, lease, or acquire the use of, by any manner, any plant or
equipment that may be considered necessary or useful in carrying into effect the
purposes of this subtitle, including rectifying, blending, and processing
plants. The Board may purchase, build, lease, and operate distilleries and
manufacture alcoholic beverages;

19. Determine the nature, form and capacity of all containers used for holding
alcoholic beverages to be kept or sold under this subtitle, and prescribe the
form and content of all labels and seals to be placed thereon; however, no
container sold in or shipped into the Commonwealth shall include powdered or
crystalline alcohol;

20. Appoint every agent and employee required for its operations; require any or
all of them to give bonds payable to the Commonwealth in such penalty as shall
be fixed by the Board; and engage the services of experts and professionals;

21. Hold and conduct hearings; issue subpoenas requiring the attendance of
witnesses and the production of records, memoranda, papers and other documents
before the Board or any agent of the Board; and administer oaths and take
testimony thereunder. The Board may authorize any Board member or agent of the
Board to hold and conduct hearings, issue subpoenas, administer oaths and take
testimony thereunder, and decide cases, subject to final decision by the Board,
on application of any party aggrieved. The Board may enter into consent
agreements and may request and accept from any applicant or licensee a consent
agreement in lieu of proceedings on (i) objections to the issuance of a license
or (ii) disciplinary action. Any such consent agreement shall include findings
of fact and may include an admission or a finding of a violation. A consent
agreement shall not be considered a case decision of the Board and shall not be
subject to judicial review under the provisions of the Administrative Process
Act (&#xA7; 2.2-4000 et seq.), but may be considered by the Board in future
disciplinary proceedings;

22. Make a reasonable charge for preparing and furnishing statistical
information and compilations to persons other than (i) officials, including
court and police officials, of the Commonwealth and of its subdivisions if the
information requested is for official use and (ii) persons who have a personal
or legal interest in obtaining the information requested if such information is
not to be used for commercial or trade purposes;

23. Promulgate regulations in accordance with the Administrative Process Act
(&#xA7; 2.2-4000 et seq.) and &#xA7; 4.1-111;

24. Grant, suspend, and revoke licenses for the manufacture, bottling,
distribution, importation, and sale of alcoholic beverages;

25. Assess and collect civil penalties and civil charges for violations of this
subtitle and Board regulations;

26. Maintain actions to enjoin common nuisances as defined in &#xA7; 4.1-317;

27. Establish minimum food sale requirements for all retail licensees;

28. Review and approve any proposed legislative or regulatory changes suggested
by the Chief Executive Officer as the Board deems appropriate;

29. Report quarterly to the Secretary of Public Safety and Homeland Security on
the law-enforcement activities undertaken to enforce the provisions of this
subtitle;

30. Establish and collect fees for all permits set forth in this subtitle,
including fees associated with applications for such permits;

31. Impose a requirement that a mixed beverage casino licensee pursuant to
subdivision A 14 of &#xA7; 4.1-206.3 pay for any cost incurred by the Board to
enforce such license in excess of the applicable state license fee; and

32. Do all acts necessary or advisable to carry out the purposes of this
subtitle.

HISTORY: Code 1950, § 4-7; 1974, c. 460; 1982, c. 647; 1984, c. 200; 1993, c.
866; 1996, c. 558; 2015, cc. 25, 38, 730, 735; 2016, c. 21; 2017, cc. 698, 707;
2020, cc. 1113, 1114; 2022, cc. 589, 590; 2024, cc. 111, 255, 619, 622, 627.