                                 CODE OF VIRGINIA

REFERENDUM ON THE SALE OF MIXED BEVERAGES (§ 4.1-124)

A. The provisions of this subtitle relating to the sale of mixed beverages shall
be effective in any town, county, or supervisor&#8217;s election district of a
county unless a majority of the voters voting in a referendum vote
&#8220;Yes&#8221; on the question of whether the sale of mixed alcoholic
beverages by restaurants licensed under this subtitle should be prohibited. The
qualified voters of a town, county, or supervisor&#8217;s election district of a
county may file a petition with the circuit court of the county asking that a
referendum be held on the question of whether the sale of mixed beverages by
restaurants licensed by the Board should be prohibited within that jurisdiction.
The petition shall be signed by qualified voters equal in number to at least 10
percent of the number registered in the town, county, or supervisor&#8217;s
election district on January 1 preceding its filing or at least 100 qualified
voters, whichever is greater.
			Petition requirements for any county shall be based on the number of
registered voters in the county, including the number of registered voters in
any town having a population in excess of 1,000 located within such county. Upon
the filing of a petition, and under no other circumstances, the court shall
order the election officials of the county to conduct a referendum on the
question.
			The clerk of the circuit court of the county shall publish notice of the
referendum in a newspaper of general circulation in the town, county, or
supervisor&#8217;s election district once a week for three consecutive weeks
prior to the referendum.
			The question on the ballot shall be:
			&#8220;Shall the sale of mixed alcoholic beverages by restaurants licensed by
the Virginia Alcoholic Beverage Control Authority be prohibited in __________
(name of town, county, or supervisor&#8217;s election district of
county)?&#8221;
			The referendum shall be ordered and held and the results certified as
provided in Article 5 (&#xA7; 24.2-681 et seq.) of Chapter 6 of Title 24.2.
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 town or
county. Mixed beverages prohibited from sale by such referendum shall not be
sold by restaurants within the town, county, or supervisor&#8217;s election
district of a county on or after 30 days following the entry of the order if a
majority of the voters voting in the referendum have voted &#8220;Yes.&#8221;
			The provisions of this section shall be applicable to towns having a
population in excess of 1,000 to the same extent and subject to the same
conditions and limitations as are otherwise applicable to counties under this
section. Such towns shall be treated as separate local option units, and only
residents of any such town shall be eligible to vote in any referendum held
pursuant to this section for any such town. Residents of towns having a
population in excess of 1,000, however, shall also be eligible to vote in any
referendum held pursuant to this section for any county in which the town is
located.
			Notwithstanding the provisions of this section, the sale of mixed beverages
by restaurants shall be prohibited in any town created as a result of a
city-to-town reversion pursuant to Chapter 41 (&#xA7; 15.2-4100 et seq.) of
Title 15.2 if a referendum on the question of whether the sale of mixed
beverages by restaurants licensed under this subtitle should be prohibited was
previously held in the former city and a majority of the voters voting in such
referendum voted &#8220;Yes.&#8221;

B. Once a referendum has been held, no other referendum on the same question
shall be held in the town, county, or supervisor&#8217;s election district of a
county for a period of 23 months.

C. Notwithstanding the provisions of subsection A, the sale of mixed beverages
shall be allowed on property dedicated for industrial or commercial development
and controlled through the provision of public utilities and covenanting of the
land by any multijurisdictional industrial development authority, as set forth
under Chapter 49 (&#xA7; 15.2-4900 et seq.) of Title 15.2, provided that (i)
such authority operates under a partnership agreement between three or more
counties, cities, or towns and such jurisdictions participate administratively
and financially in the authority and (ii) the sale of mixed beverages is
permitted in one of the member counties, cities, towns, or a supervisor&#8217;s
election district of one of the counties and that the governing board of the
authority authorizes an establishment located within the confines of such
property to apply to the Board for such license. The appropriate license fees
shall be paid for this privilege.

D. Notwithstanding the provisions of subsection A of this section and subsection
C of &#xA7; 4.1-122, the sale of mixed beverages by licensees, and the sale of
alcoholic beverages other than beer and wine not produced by farm wineries by
the Board, shall be allowed in any city in the Commonwealth.

E. Notwithstanding the provisions of subsection A, the Board may grant a mixed
beverage restaurant license to a restaurant located on the premises of and
operated by a private club exclusively for its members and their guests, subject
to the qualifications and restrictions on the issuance of such license imposed
by &#xA7; 4.1-206.3. However, no license authorized by this subsection shall be
granted if the private club restricts its membership on the basis of race,
color, creed, national origin, or sex.

HISTORY: 1968, c. 7, §§ 4-98.12, 4-98.13; 1975, c. 517; 1979, c. 199; 1982, c.
31; 1985, c. 551; 1986, c. 70; 1988, c. 156; 1991, c. 690; 1993, c. 866; 1995,
c. 177; 1997, c. 126; 2011, c. 560; 2015, cc. 38, 730; 2019, cc. 37, 178; 2020,
cc. 1113, 1114.