                                 CODE OF VIRGINIA

APPLICATIONS FOR LICENSES; PUBLICATION; NOTICE TO LOCALITIES; FEES; PERMITS (§
4.1-230)

A. Every person intending to apply for any license authorized by this chapter
shall file with the Board an application on forms provided by the Board and a
statement in writing by the applicant swearing and affirming that all of the
information contained therein is true.
			Applicants for retail licenses for establishments that serve food or are
otherwise required to obtain a food establishment permit from the Department of
Health or an inspection by the Department of Agriculture and Consumer Services
shall provide a copy of such permit, proof of inspection, proof of a pending
application for such permit, or proof of a pending request for such inspection.
If the applicant provides a copy of such permit, proof of inspection, proof of a
pending application for a permit, or proof of a pending request for an
inspection, a license may be issued to the applicant. If a license is issued on
the basis of a pending application or inspection, such license shall authorize
the licensee to purchase alcoholic beverages in accordance with the provisions
of this subtitle; however, the licensee shall not sell or serve alcoholic
beverages until a permit is issued or an inspection is completed.

B. In addition, each applicant for a license under the provisions of this
chapter, except applicants for annual banquet, banquet, tasting, special events,
club events, annual mixed beverage banquet, wine and beer shipper&#8217;s,
delivery permit, annual arts venue, or museum licenses issued under the
provisions of Chapter 2 (&#xA7; 4.1-200 et seq.), or beer or wine
importer&#8217;s licenses, shall post a notice of his application with the Board
on the front door of the building, place, or room where he proposes to engage in
such business for no more than 30 days and not less than 10 days. Such notice
shall be of a size and contain such information as required by the Board,
including a statement that any objections shall be submitted to the Board not
more than 30 days following initial publication of the notice required pursuant
to this subsection.
			The applicant shall also cause notice to be published at least once a week
for two consecutive weeks in a newspaper published in or having a general
circulation in the county, city, or town wherein such applicant proposes to
engage in such business. Such notice shall contain such information as required
by the Board, including a statement that any objections to the issuance of the
license be submitted to the Board not later than 30 days from the date of the
initial newspaper publication. In the case of wine and beer shipper&#8217;s
licensees, third-party delivery licensees, delivery permittees, or operators of
boats, dining cars, buffet cars, club cars, buses, and airplanes, the posting
and publishing of notice shall not be required.
			Except for applicants for annual banquet, banquet, tasting, mixed beverage
special events, club events, annual mixed beverage banquet, wine and beer
shipper&#8217;s, beer or wine importer&#8217;s, annual arts venue, or museum
licenses, the Board shall conduct a background investigation, to include a
criminal history records search, which may include a fingerprint-based national
criminal history records search, on each applicant for a license. However, the
Board may waive, for good cause shown, the requirement for a criminal history
records search and completed personal data form for officers, directors,
nonmanaging members, or limited partners of any applicant corporation, limited
liability company, or limited partnership.
			Except for applicants for wine and beer shipper&#8217;s licenses and delivery
permits, the Board shall notify the local governing body of each license
application through the county or city attorney or the chief law-enforcement or
administrative officer of the locality. Local governing bodies shall submit
objections to the granting of a license within 30 days of the filing of the
application.

C. Each applicant shall pay the required application fee at the time the
application is filed. Each license application fee, including annual banquet and
annual mixed beverage banquet, shall be $195, plus the actual cost charged to
the Department of State Police by the Federal Bureau of Investigation or the
Central Criminal Records Exchange for processing any fingerprints through the
Federal Bureau of Investigation or the Central Criminal Records Exchange for
each criminal history records search required by the Board, except for banquet,
tasting, or mixed beverage club events licenses, in which case the application
fee shall be $15. The application fee for banquet special event and mixed
beverage special event licenses shall be $45. Application fees shall be in
addition to the state license fee required pursuant to &#xA7; 4.1-231.1 and
shall not be refunded.

D. Subsection A shall not apply to the continuance of licenses granted under
this chapter; however, all licensees shall file and maintain with the Board a
current, accurate record of the information required by the Board pursuant to
subsection A and notify the Board of any changes to such information in
accordance with Board regulations.

E. Every application for a permit granted pursuant to &#xA7; 4.1-212 shall be on
a form provided by the Board. Such permits shall confer upon their holders no
authority to make solicitations in the Commonwealth as otherwise provided by
law.
			The fee for a temporary permit shall be one-twelfth of the combined fees
required by this section for applicable licenses to sell wine, beer, or mixed
beverages computed to the nearest cent and multiplied by the number of months
for which the permit is granted.

F. The Board shall have the authority to increase state license fees from the
amounts set forth in &#xA7; 4.1-231.1 as it was in effect on January 1, 2022.
The Board shall set the amount of such increases on the basis of the consumer
price index and shall not increase fees more than once every three years. Prior
to implementing any state license fee increase, the Board shall provide notice
to all licensees and the general public of (i) the Board&#8217;s intent to
impose a fee increase and (ii) the new fee that would be required for any
license affected by the Board&#8217;s proposed fee increases. Such notice shall
be provided on or before November 1 in any year in which the Board has decided
to increase state license fees, and such increases shall become effective July 1
of the following year.

HISTORY: Code 1950, §§ 4-26, 4-30, 4-31, 4-33; 1952, c. 535; 1954, cc. 301,
351; 1956, c. 523; 1960, c. 476; 1968, c. 7, § 4-98.16; 1970, c. 627; 1972, cc.
178, 717; 1974, c. 267; 1975, c. 408; 1976, cc. 67, 496, 696, 698; 1978, cc.
190, 446; 1980, cc. 299, 324, 524, 526, § 4-25.1; 1981, c. 410; 1982, cc. 66,
527; 1984, cc. 53, 180, 200, 559, 703; 1985, c. 457; 1986, cc. 94, 190, 615;
1988, c. 786; 1989, c. 311; 1990, cc. 108, 300, 390, 442, 707, 727, 810; 1991,
c. 425; 1992, c. 350; 1993, cc. 166, 866; 1994, c. 825; 1996, cc. 584, 596;
1998, c. 535; 1999, cc. 112, 756; 2003, cc. 1029, 1030; 2004, cc. 382, 487;
2004, Sp. Sess. I, c. 4; 2005, cc. 361, 951; 2006, Sp. Sess. I, c. 2; 2007, cc.
99, 799; 2008, c. 765; 2011, c. 65; 2015, c. 412; 2017, c. 596; 2018, cc. 405,
406, 657; 2020, cc. 1113, 1114; 2021, Sp. Sess. I, cc. 82, 186; 2022, cc. 78,
79; 2024, cc. 105, 159.