                                 CODE OF VIRGINIA

CONDITIONS UNDER WHICH BOARD MAY REFUSE TO GRANT LICENSES (§ 4.1-222)

The Board may refuse to grant any license if it has reasonable cause to believe
that:

1. The applicant, or if the applicant is a partnership, any general partner
thereof, or if the applicant is an association, any member thereof, or limited
partner of 10 percent or more with voting rights, or if the applicant is a
corporation, any officer, director, or shareholder owning 10 percent or more of
its capital stock, or if the applicant is a limited liability company, any
member-manager or any member owning 10 percent or more of the membership
interest of the limited liability company:
			a. Is not 21 years of age or older;
			b. Has been convicted in any court of a felony or any crime or offense
involving moral turpitude under the laws of any state, or of the United States;
			c. Has been convicted, within the five years immediately preceding the date
of the application for such license, of a violation of any law applicable to the
manufacture, transportation, possession, use or sale of alcoholic beverages;
			d. Is not a person of good moral character and repute;
			e. Is not the legitimate owner of the business proposed to be licensed, or
other persons have ownership interests in the business which have not been
disclosed;
			f. Has not demonstrated financial responsibility sufficient to meet the
requirements of the business proposed to be licensed;
			g. Has maintained a noisy, lewd, disorderly or unsanitary establishment;
			h. Has demonstrated, either by his police record or by his record as a former
licensee of the Board, a lack of respect for law and order;
			i. Is unable to speak, understand, read and write the English language in a
reasonably satisfactory manner;
			j. Is a person to whom alcoholic beverages may not be sold under &#xA7;
4.1-304;
			k. Has the general reputation of drinking alcoholic beverages to excess or is
addicted to the use of narcotics;
			l. Has misrepresented a material fact in applying to the Board for a license;
			m. Has defrauded or attempted to defraud the Board, or any federal, state or
local government or governmental agency or authority, by making or filing any
report, document or tax return required by statute or regulation which is
fraudulent or contains a false representation of a material fact; or has
willfully deceived or attempted to deceive the Board, or any federal, state or
local government, or governmental agency or authority, by making or maintaining
business records required by statute or regulation which are false and
fraudulent;
			n. Is violating or allowing the violation of any provision of this subtitle
in his establishment at the time his application for a license is pending;
			o. Is a police officer with police authority in the political subdivision
within which the establishment designated in the application is located;
			p. Is physically unable to carry on the business for which the application
for a license is filed or has been adjudicated incapacitated; or
			q. Is a member, agent or employee of the Board.

2. The place to be occupied by the applicant:
			a. Does not conform to the requirements of the governing body of the county,
city or town in which such place is located with respect to sanitation, health,
construction or equipment, or to any similar requirements established by the
laws of the Commonwealth or by Board regulation;
			b. Is so located that granting a license and operation thereunder by the
applicant would result in violations of this subtitle, Board regulations, or
violation of the laws of the Commonwealth or local ordinances relating to peace
and good order;
			c. Is so located with respect to any church; synagogue; hospital; public,
private, or parochial school or an institution of higher education; public or
private playground or other similar recreational facility; or any state, local,
or federal government-operated facility, that the operation of such place under
such license will adversely affect or interfere with the normal, orderly conduct
of the affairs of such facilities or institutions;
			d. Is so located with respect to any residence or residential area that the
operation of such place under such license will adversely affect real property
values or substantially interfere with the usual quietude and tranquility of
such residence or residential area; or
			e. Under a retail on-premises license is so constructed, arranged or
illuminated that law-enforcement officers and special agents of the Board are
prevented from ready access to and reasonable observation of any room or area
within which alcoholic beverages are to be sold or consumed.

3. The number of licenses existent in the locality is such that the granting of
a license is detrimental to the interest, morals, safety or welfare of the
public. In reaching such conclusion the Board shall consider the (i) character
of, population of, the number of similar licenses and the number of all licenses
existent in the particular county, city or town and the immediate neighborhood
concerned; (ii) effect which a new license may have on such county, city, town
or neighborhood in conforming with the purposes of this subtitle; and (iii)
objections, if any, which may have been filed by a local governing body or local
residents.

4. There exists any law, ordinance, or regulation of the United States, the
Commonwealth or any political subdivision thereof, which warrants refusal by the
Board to grant any license.

5. The Board is not authorized under this chapter to grant such license.

HISTORY: Code 1950, § 4-31; 1954, c. 301; 1956, c. 523; 1972, c. 178; 1974, c.
267; 1976, cc. 67, 698; 1978, c. 446; 1980, c. 299; 1982, c. 66; 1984, c. 703;
1986, cc. 94, 615; 1989, c. 311; 1990, c. 727; 1992, c. 161; 1993, c. 866; 1997,
c. 801; 2002, c. 420; 2007, c. 103; 2020, c. 534.