                                 CODE OF VIRGINIA

REFERENDUM ON SUNDAY WINE AND BEER SALES; EXCEPTION (§ 4.1-123)

A. Either the qualified voters or the governing body of any county, city, town,
or supervisor&#8217;s election district of a county may file a petition with the
circuit court of the county or city or of the county wherein the town or the
greater part thereof is situated asking that a referendum be held on the
question of whether the sale of beer and wine on Sunday should be permitted
within that jurisdiction. The petition of voters shall be signed by qualified
voters equal in number to at least ten percent of the number registered in the
jurisdiction on January 1 preceding its filing or at least 100 qualified voters,
whichever is greater. Upon the filing of a petition, the court shall order the
election officials of the county, city, or town, on the date fixed in the order,
to conduct a referendum on the question. The clerk of the circuit court shall
publish notice of the referendum in a newspaper of general circulation in the
county, city, or town once a week for three consecutive weeks prior to the
referendum.
			The question on the ballot shall be:
			&#8220;Shall the sale of wine and beer between the hours of twelve
o&#8217;clock p.m. on each Saturday and six o&#8217;clock a.m. on each Monday be
permitted in _______________ (name of county, city, town, or supervisor&#8217;s
election district of the county)?&#8221;
			The referendum shall be ordered and held and the results certified as
provided in &#xA7; 24.2-684. Thereupon the court shall enter of record an order
certified by the clerk of the court to be transmitted to the Board and to the
governing body of the county, city, or town.
			Notwithstanding an ordinance adopted pursuant to &#xA7; 4.1-129, an
affirmative majority vote on the question shall be binding on the governing body
of the county, city, or town, and the governing body shall take all actions
required of it to legalize such Sunday sales.

B. Notwithstanding the provisions of subsection A or &#xA7; 4.1-129, where
property that constitutes a farm winery lies within, or abuts, the boundaries of
Floyd and Patrick Counties, the retail sale of wine by the farm winery licensee
in the county that restricts the sale of wine and beer shall be allowed at one
fixed location on a parcel of land that contains all or part of the
licensee&#8217;s producing vineyard and the licensee&#8217;s vinification
facilities.
			The Board may refuse to allow such licensee the exercise of his retail sales
privilege in the county restricting the Sunday sale of wine and beer if the
Board determines, after giving the licensee notice and a hearing, that (i) the
owner of the farm winery had actual knowledge that the vinification facilities
and all or part of the producing vineyard were going to be located in the county
restricting the sale of wine and beer prior to construction of the vinification
facilities or (ii) the primary business purpose of the farm winery licensee is
to engage in the retail sale of wine in such county rather than the business of
a farm winery.
			Nothing in this subsection shall apply to a farm winery licensee that has a
retail establishment for the sale of its wine in the county adjoining the county
that restricts the Sunday sale of wine and beer if the retail establishment is
within one-half mile of the farm winery&#8217;s vinification facilities.

HISTORY: 1979, c. 621, § 4-96.3; 1980, c. 543; 1993, c. 866; 2001, cc. 594,
783; 2007, c. 813.