                                 CODE OF VIRGINIA

TEMPORARY INJUNCTIONS AGAINST ALCOHOLIC BEVERAGE SALES (§ 48-17.1)

A. Any locality by or through its mayor, chief executive, or attorney may
petition a circuit court to temporarily enjoin the sale of alcohol at any
establishment licensed by the Virginia Alcoholic Beverage Control Authority. The
basis for such petition shall be the operator of the establishment has allowed
it to become a meeting place for persons committing serious criminal violations
of the law on or immediately adjacent to the premises so frequent and serious as
to be deemed a continuing threat to public safety, as represented in an
affidavit by the chief law-enforcement officer of the locality, supported by
records of such criminal acts. The court shall, upon the presentation of
evidence at a hearing on the matter, grant a temporary injunction, without bond,
enjoining the sale of alcohol at the establishment, if it appears to the
satisfaction of the court that the threat to public safety complained of exists
and is likely to continue if such injunction is not granted. The court hearing
on the petition shall be held within 10 days of service upon the respondent. The
respondent shall be served with notice of the time and place of the hearing and
copies of all documentary evidence to be relied upon by the complainant at such
hearing. Any injunction issued by the court shall be dissolved in the event the
court later finds that the threat to public safety that is the basis of the
injunction has been abated by reason of a change of ownership, management, or
business operations at the establishment, or other change in circumstance.

B. The Virginia Alcoholic Beverage Control Authority shall be given notice of
any hearing under this section. In the event an injunction is granted, the
Virginia Alcoholic Beverage Control Authority shall initiate an investigation
into the activities at the establishment complained of and conduct an
administrative hearing. After the Virginia Alcoholic Beverage Control Authority
hearing and when a final determination has been issued by the Virginia Alcoholic
Beverage Control Authority, regardless of disposition, any injunction issued
hereunder shall be null, without further action by the complainant, respondent,
or the court.

HISTORY: 2007, c. 456; 2015, cc. 38, 730.