                                 CODE OF VIRGINIA

NOTICE AND HEARINGS FOR REFUSAL TO GRANT LICENSES; ADMINISTRATIVE PROCESS ACT;
EXCEPTIONS (§ 4.1-224)

A. The action of the Board in granting or in refusing to grant any license shall
be subject to review in accordance with the Administrative Process Act (&#xA7;
2.2-4000 et seq.), except as provided in subsections B and C. Review shall be
limited to the evidential record of the proceedings provided by the Board. Both
the petitioner and the Board shall have the right to appeal to the Court of
Appeals from any order of the court.

B. The Board may refuse a hearing on any application for the granting of any
retail alcoholic beverage or mixed beverage license, including a banquet
license, provided such:

   1. License for the applicant has been refused or revoked within a period of
   twelve months;

   2. License for any premises has been refused or revoked at that location
   within a period of twelve months;

   3. Applicant, within a period of twelve months immediately preceding, has
   permitted a license granted by the Board to expire for nonpayment of license
   tax, and at the time of expiration of such license, there was a pending and
   unadjudicated charge, either before the Board or in any court, against the
   licensee alleging a violation of this subtitle; or

   4. Applicant has received a restricted license and reapplies for a
   lesser-restricted license at the same location within twelve months of the
   date of the issuance of the restricted license.

C. If an applicant has permitted a license to expire for nonpayment of license
tax, and at the time of expiration there remained unexecuted any period of
suspension imposed upon the licensee by the Board, the Board may refuse a
hearing on an application for a new license until after the date on which the
suspension period would have been executed had the license not have been
permitted to expire.

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; 2000,
c. 147.