§ 4.1-222. Conditions under which Board may refuse to grant licenses.
A. The Board may refuse to grant any license if it has reasonable cause tobelieve that:
1. The applicant, or if the applicant is a partnership, any general partnerthereof, or if the applicant is an association, any member thereof, orlimited partner of 10 percent or more with voting rights, or if the applicantis a corporation, any officer, director, or shareholder owning 10 percent ormore of its capital stock, or if the applicant is a limited liabilitycompany, any member-manager or any member owning 10 percent or more of themembership interest of the limited liability company:
a. Is not twenty-one years of age or older;
b. Has been convicted in any court of a felony or any crime or offenseinvolving moral turpitude under the laws of any state, or of the UnitedStates;
c. Has been convicted, within the five years immediately preceding the dateof the application for such license, of a violation of any law applicable tothe manufacture, transportation, possession, use or sale of alcoholicbeverages;
d. Is not a person of good moral character and repute;
e. Is not the legitimate owner of the business proposed to be licensed, orother persons have ownership interests in the business which have not beendisclosed;
f. Has not demonstrated financial responsibility sufficient to meet therequirements 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 formerlicensee of the Board, a lack of respect for law and order;
i. Is unable to speak, understand, read and write the English language in areasonably satisfactory manner;
j. Is a person to whom alcoholic beverages may not be sold under § 4.1-304;
k. Has the general reputation of drinking alcoholic beverages to excess or isaddicted 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 orlocal government or governmental agency or authority, by making or filing anyreport, document or tax return required by statute or regulation which isfraudulent or contains a false representation of a material fact; or haswillfully deceived or attempted to deceive the Board, or any federal, stateor local government, or governmental agency or authority, by making ormaintaining business records required by statute or regulation which arefalse and fraudulent;
n. Is violating or allowing the violation of any provision of this title inhis establishment at the time his application for a license is pending;
o. Is a police officer with police authority in the political subdivisionwithin which the establishment designated in the application is located;
p. Is physically unable to carry on the business for which the applicationfor 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 establishedby the laws of the Commonwealth or by Board regulation;
b. Is so located that granting a license and operation thereunder by theapplicant would result in violations of this title, Board regulations, orviolation of the laws of the Commonwealth or local ordinances relating topeace and good order;
c. Is so located with respect to any church; synagogue; hospital; public,private or parochial school, college or university; public or privateplayground or other similar recreational facilities; or any state, local orfederal government-operated facility, that the operation of such place undersuch license will adversely affect or interfere with the normal, orderlyconduct of the affairs of such facilities or institutions;
d. Is so located with respect to any residence or residential area that theoperation of such place under such license will adversely affect realproperty values or substantially interfere with the usual quietude andtranquillity of such residence or residential area; or
e. Under a retail on-premises license is so constructed, arranged orilluminated that law-enforcement officers and special agents of the Board areprevented from ready access to and reasonable observation of any room or areawithin which alcoholic beverages are to be sold or consumed.
3. The number of licenses existent in the locality is such that the grantingof a license is detrimental to the interest, morals, safety or welfare of thepublic. In reaching such conclusion the Board shall consider the (i)character of, population of, the number of similar licenses and the number ofall licenses existent in the particular county, city or town and theimmediate neighborhood concerned; (ii) effect which a new license may have onsuch county, city, town or neighborhood in conforming with the purposes ofthis title; and (iii) objections, if any, which may have been filed by alocal governing body or local residents.
4. There exists any law, ordinance, or regulation of the United States, theCommonwealth or any political subdivision thereof, which warrants refusal bythe Board to grant any license.
5. The Board is not authorized under this chapter to grant such license.
B. The Board may refuse to grant any retail wine and beer license, retailbeer license or retail wine or winery license to any person who has notresided in the Commonwealth for at least one year immediately precedingapplication therefor, or to any corporation a majority of the stock of whichis owned by persons who have not resided in the Commonwealth for at least oneyear immediately preceding application therefor, unless refusal to grant thelicense would in the opinion of the Board substantially impair thetransferability of the real property upon which the licensed establishmentwould be located.
(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.)
§ 4.1-222. Conditions under which Board may refuse to grant licenses.
A. The Board may refuse to grant any license if it has reasonable cause tobelieve that:
1. The applicant, or if the applicant is a partnership, any general partnerthereof, or if the applicant is an association, any member thereof, orlimited partner of 10 percent or more with voting rights, or if the applicantis a corporation, any officer, director, or shareholder owning 10 percent ormore of its capital stock, or if the applicant is a limited liabilitycompany, any member-manager or any member owning 10 percent or more of themembership interest of the limited liability company:
a. Is not twenty-one years of age or older;
b. Has been convicted in any court of a felony or any crime or offenseinvolving moral turpitude under the laws of any state, or of the UnitedStates;
c. Has been convicted, within the five years immediately preceding the dateof the application for such license, of a violation of any law applicable tothe manufacture, transportation, possession, use or sale of alcoholicbeverages;
d. Is not a person of good moral character and repute;
e. Is not the legitimate owner of the business proposed to be licensed, orother persons have ownership interests in the business which have not beendisclosed;
f. Has not demonstrated financial responsibility sufficient to meet therequirements 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 formerlicensee of the Board, a lack of respect for law and order;
i. Is unable to speak, understand, read and write the English language in areasonably satisfactory manner;
j. Is a person to whom alcoholic beverages may not be sold under § 4.1-304;
k. Has the general reputation of drinking alcoholic beverages to excess or isaddicted 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 orlocal government or governmental agency or authority, by making or filing anyreport, document or tax return required by statute or regulation which isfraudulent or contains a false representation of a material fact; or haswillfully deceived or attempted to deceive the Board, or any federal, stateor local government, or governmental agency or authority, by making ormaintaining business records required by statute or regulation which arefalse and fraudulent;
n. Is violating or allowing the violation of any provision of this title inhis establishment at the time his application for a license is pending;
o. Is a police officer with police authority in the political subdivisionwithin which the establishment designated in the application is located;
p. Is physically unable to carry on the business for which the applicationfor 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 establishedby the laws of the Commonwealth or by Board regulation;
b. Is so located that granting a license and operation thereunder by theapplicant would result in violations of this title, Board regulations, orviolation of the laws of the Commonwealth or local ordinances relating topeace and good order;
c. Is so located with respect to any church; synagogue; hospital; public,private or parochial school, college or university; public or privateplayground or other similar recreational facilities; or any state, local orfederal government-operated facility, that the operation of such place undersuch license will adversely affect or interfere with the normal, orderlyconduct of the affairs of such facilities or institutions;
d. Is so located with respect to any residence or residential area that theoperation of such place under such license will adversely affect realproperty values or substantially interfere with the usual quietude andtranquillity of such residence or residential area; or
e. Under a retail on-premises license is so constructed, arranged orilluminated that law-enforcement officers and special agents of the Board areprevented from ready access to and reasonable observation of any room or areawithin which alcoholic beverages are to be sold or consumed.
3. The number of licenses existent in the locality is such that the grantingof a license is detrimental to the interest, morals, safety or welfare of thepublic. In reaching such conclusion the Board shall consider the (i)character of, population of, the number of similar licenses and the number ofall licenses existent in the particular county, city or town and theimmediate neighborhood concerned; (ii) effect which a new license may have onsuch county, city, town or neighborhood in conforming with the purposes ofthis title; and (iii) objections, if any, which may have been filed by alocal governing body or local residents.
4. There exists any law, ordinance, or regulation of the United States, theCommonwealth or any political subdivision thereof, which warrants refusal bythe Board to grant any license.
5. The Board is not authorized under this chapter to grant such license.
B. The Board may refuse to grant any retail wine and beer license, retailbeer license or retail wine or winery license to any person who has notresided in the Commonwealth for at least one year immediately precedingapplication therefor, or to any corporation a majority of the stock of whichis owned by persons who have not resided in the Commonwealth for at least oneyear immediately preceding application therefor, unless refusal to grant thelicense would in the opinion of the Board substantially impair thetransferability of the real property upon which the licensed establishmentwould be located.
(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.)
§ 4.1-222. Conditions under which Board may refuse to grant licenses.
A. The Board may refuse to grant any license if it has reasonable cause tobelieve that:
1. The applicant, or if the applicant is a partnership, any general partnerthereof, or if the applicant is an association, any member thereof, orlimited partner of 10 percent or more with voting rights, or if the applicantis a corporation, any officer, director, or shareholder owning 10 percent ormore of its capital stock, or if the applicant is a limited liabilitycompany, any member-manager or any member owning 10 percent or more of themembership interest of the limited liability company:
a. Is not twenty-one years of age or older;
b. Has been convicted in any court of a felony or any crime or offenseinvolving moral turpitude under the laws of any state, or of the UnitedStates;
c. Has been convicted, within the five years immediately preceding the dateof the application for such license, of a violation of any law applicable tothe manufacture, transportation, possession, use or sale of alcoholicbeverages;
d. Is not a person of good moral character and repute;
e. Is not the legitimate owner of the business proposed to be licensed, orother persons have ownership interests in the business which have not beendisclosed;
f. Has not demonstrated financial responsibility sufficient to meet therequirements 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 formerlicensee of the Board, a lack of respect for law and order;
i. Is unable to speak, understand, read and write the English language in areasonably satisfactory manner;
j. Is a person to whom alcoholic beverages may not be sold under § 4.1-304;
k. Has the general reputation of drinking alcoholic beverages to excess or isaddicted 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 orlocal government or governmental agency or authority, by making or filing anyreport, document or tax return required by statute or regulation which isfraudulent or contains a false representation of a material fact; or haswillfully deceived or attempted to deceive the Board, or any federal, stateor local government, or governmental agency or authority, by making ormaintaining business records required by statute or regulation which arefalse and fraudulent;
n. Is violating or allowing the violation of any provision of this title inhis establishment at the time his application for a license is pending;
o. Is a police officer with police authority in the political subdivisionwithin which the establishment designated in the application is located;
p. Is physically unable to carry on the business for which the applicationfor 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 establishedby the laws of the Commonwealth or by Board regulation;
b. Is so located that granting a license and operation thereunder by theapplicant would result in violations of this title, Board regulations, orviolation of the laws of the Commonwealth or local ordinances relating topeace and good order;
c. Is so located with respect to any church; synagogue; hospital; public,private or parochial school, college or university; public or privateplayground or other similar recreational facilities; or any state, local orfederal government-operated facility, that the operation of such place undersuch license will adversely affect or interfere with the normal, orderlyconduct of the affairs of such facilities or institutions;
d. Is so located with respect to any residence or residential area that theoperation of such place under such license will adversely affect realproperty values or substantially interfere with the usual quietude andtranquillity of such residence or residential area; or
e. Under a retail on-premises license is so constructed, arranged orilluminated that law-enforcement officers and special agents of the Board areprevented from ready access to and reasonable observation of any room or areawithin which alcoholic beverages are to be sold or consumed.
3. The number of licenses existent in the locality is such that the grantingof a license is detrimental to the interest, morals, safety or welfare of thepublic. In reaching such conclusion the Board shall consider the (i)character of, population of, the number of similar licenses and the number ofall licenses existent in the particular county, city or town and theimmediate neighborhood concerned; (ii) effect which a new license may have onsuch county, city, town or neighborhood in conforming with the purposes ofthis title; and (iii) objections, if any, which may have been filed by alocal governing body or local residents.
4. There exists any law, ordinance, or regulation of the United States, theCommonwealth or any political subdivision thereof, which warrants refusal bythe Board to grant any license.
5. The Board is not authorized under this chapter to grant such license.
B. The Board may refuse to grant any retail wine and beer license, retailbeer license or retail wine or winery license to any person who has notresided in the Commonwealth for at least one year immediately precedingapplication therefor, or to any corporation a majority of the stock of whichis owned by persons who have not resided in the Commonwealth for at least oneyear immediately preceding application therefor, unless refusal to grant thelicense would in the opinion of the Board substantially impair thetransferability of the real property upon which the licensed establishmentwould be located.
(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.)
