§ 4.1-223. Conditions under which Board shall refuse to grant licenses.
The Board shall refuse to grant any:
1. Wholesale beer or wine license to any person, unless such person hasestablished or will establish a place or places of business within theCommonwealth at which will be received and from which will be distributed allalcoholic beverages sold by such person in the Commonwealth. However, inspecial circumstances, the Board, subject to any regulations it may adopt,may permit alcoholic beverages to be received into or distributed from placesother than established places of business.
2. Wholesale beer license or wholesale wine license to any entity that isowned, in whole or in part, by any manufacturer of alcoholic beverages, anysubsidiary or affiliate of such manufacturer or any person under commoncontrol with such manufacturer. This subdivision, however, shall not apply to(i) any applicant for a wholesale beer or wine license filed pursuant tosubdivision 3 b of subsection B of § 4.1-216 or (ii) the nonprofit, nonstockcorporation established pursuant to subdivision B 5 of § 3.2-102 inexercising any privileges granted under § 4.1-207.1.
As used in this subdivision, the term "manufacturer" includes any person(i) who brews, vinifies or distills alcoholic beverages for sale or (ii)engaging in business as a contract brewer, winery or distillery that ownsalcoholic beverage product brand rights, but arranges the manufacture of suchproducts by another person.
3. Mixed beverage license if the Board determines that in the licensedestablishment there (i) is entertainment of a lewd, obscene or lustful natureincluding what is commonly called stripteasing, topless entertaining, and thelike, or which has employees who are not clad both above and below the waist,or who uncommonly expose the body or (ii) are employees who solicit the saleof alcoholic beverages.
4. Wholesale wine license until the applicant has filed with the Board a bondpayable to the Commonwealth, in a sum not to exceed $10,000, upon a formapproved by the Board, signed by the applicant or licensee and a suretycompany authorized to do business in the Commonwealth as surety, andconditioned upon such person's (i) securing wine only in a manner provided bylaw, (ii) remitting to the Board the proper tax thereon, (iii) keeping suchrecords as may be required by law or Board regulations, and (iv) abiding bysuch other laws or Board regulations relative to the handling of wine bywholesale wine licensees. The Board may waive the requirement of both thesurety and the bond in cases where the wholesaler has previously demonstratedhis financial responsibility.
5. Mixed beverage license to any member, agent or employee of the Board or toany corporation or other business entity in which such member, agent oremployee is a stockholder or has any other economic interest.
Whenever any other elective or appointive official of the Commonwealth or anypolitical subdivision thereof applies for such a license or continuancethereof, he shall state on the application the official position he holds,and whenever a corporation or other business entity in which any suchofficial is a stockholder or has any other economic interests applies forsuch a license, it shall state on the application the full economic interestof each such official in such corporation or other business entity.
6. License authorized by this chapter until the license tax required by §4.1-231 is paid to the Board.
(Code 1950, § 4-31; 1954, c. 301; 1956, c. 523; 1968, c. 7, §§ 4-98.9,4-98.17; 1972, cc. 178, 525; 1974, cc. 267, 548; 1975, c. 413; 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. 823;2007, cc. 870, 932.)
§ 4.1-223. Conditions under which Board shall refuse to grant licenses.
The Board shall refuse to grant any:
1. Wholesale beer or wine license to any person, unless such person hasestablished or will establish a place or places of business within theCommonwealth at which will be received and from which will be distributed allalcoholic beverages sold by such person in the Commonwealth. However, inspecial circumstances, the Board, subject to any regulations it may adopt,may permit alcoholic beverages to be received into or distributed from placesother than established places of business.
2. Wholesale beer license or wholesale wine license to any entity that isowned, in whole or in part, by any manufacturer of alcoholic beverages, anysubsidiary or affiliate of such manufacturer or any person under commoncontrol with such manufacturer. This subdivision, however, shall not apply to(i) any applicant for a wholesale beer or wine license filed pursuant tosubdivision 3 b of subsection B of § 4.1-216 or (ii) the nonprofit, nonstockcorporation established pursuant to subdivision B 5 of § 3.2-102 inexercising any privileges granted under § 4.1-207.1.
As used in this subdivision, the term "manufacturer" includes any person(i) who brews, vinifies or distills alcoholic beverages for sale or (ii)engaging in business as a contract brewer, winery or distillery that ownsalcoholic beverage product brand rights, but arranges the manufacture of suchproducts by another person.
3. Mixed beverage license if the Board determines that in the licensedestablishment there (i) is entertainment of a lewd, obscene or lustful natureincluding what is commonly called stripteasing, topless entertaining, and thelike, or which has employees who are not clad both above and below the waist,or who uncommonly expose the body or (ii) are employees who solicit the saleof alcoholic beverages.
4. Wholesale wine license until the applicant has filed with the Board a bondpayable to the Commonwealth, in a sum not to exceed $10,000, upon a formapproved by the Board, signed by the applicant or licensee and a suretycompany authorized to do business in the Commonwealth as surety, andconditioned upon such person's (i) securing wine only in a manner provided bylaw, (ii) remitting to the Board the proper tax thereon, (iii) keeping suchrecords as may be required by law or Board regulations, and (iv) abiding bysuch other laws or Board regulations relative to the handling of wine bywholesale wine licensees. The Board may waive the requirement of both thesurety and the bond in cases where the wholesaler has previously demonstratedhis financial responsibility.
5. Mixed beverage license to any member, agent or employee of the Board or toany corporation or other business entity in which such member, agent oremployee is a stockholder or has any other economic interest.
Whenever any other elective or appointive official of the Commonwealth or anypolitical subdivision thereof applies for such a license or continuancethereof, he shall state on the application the official position he holds,and whenever a corporation or other business entity in which any suchofficial is a stockholder or has any other economic interests applies forsuch a license, it shall state on the application the full economic interestof each such official in such corporation or other business entity.
6. License authorized by this chapter until the license tax required by §4.1-231 is paid to the Board.
(Code 1950, § 4-31; 1954, c. 301; 1956, c. 523; 1968, c. 7, §§ 4-98.9,4-98.17; 1972, cc. 178, 525; 1974, cc. 267, 548; 1975, c. 413; 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. 823;2007, cc. 870, 932.)
§ 4.1-223. Conditions under which Board shall refuse to grant licenses.
The Board shall refuse to grant any:
1. Wholesale beer or wine license to any person, unless such person hasestablished or will establish a place or places of business within theCommonwealth at which will be received and from which will be distributed allalcoholic beverages sold by such person in the Commonwealth. However, inspecial circumstances, the Board, subject to any regulations it may adopt,may permit alcoholic beverages to be received into or distributed from placesother than established places of business.
2. Wholesale beer license or wholesale wine license to any entity that isowned, in whole or in part, by any manufacturer of alcoholic beverages, anysubsidiary or affiliate of such manufacturer or any person under commoncontrol with such manufacturer. This subdivision, however, shall not apply to(i) any applicant for a wholesale beer or wine license filed pursuant tosubdivision 3 b of subsection B of § 4.1-216 or (ii) the nonprofit, nonstockcorporation established pursuant to subdivision B 5 of § 3.2-102 inexercising any privileges granted under § 4.1-207.1.
As used in this subdivision, the term "manufacturer" includes any person(i) who brews, vinifies or distills alcoholic beverages for sale or (ii)engaging in business as a contract brewer, winery or distillery that ownsalcoholic beverage product brand rights, but arranges the manufacture of suchproducts by another person.
3. Mixed beverage license if the Board determines that in the licensedestablishment there (i) is entertainment of a lewd, obscene or lustful natureincluding what is commonly called stripteasing, topless entertaining, and thelike, or which has employees who are not clad both above and below the waist,or who uncommonly expose the body or (ii) are employees who solicit the saleof alcoholic beverages.
4. Wholesale wine license until the applicant has filed with the Board a bondpayable to the Commonwealth, in a sum not to exceed $10,000, upon a formapproved by the Board, signed by the applicant or licensee and a suretycompany authorized to do business in the Commonwealth as surety, andconditioned upon such person's (i) securing wine only in a manner provided bylaw, (ii) remitting to the Board the proper tax thereon, (iii) keeping suchrecords as may be required by law or Board regulations, and (iv) abiding bysuch other laws or Board regulations relative to the handling of wine bywholesale wine licensees. The Board may waive the requirement of both thesurety and the bond in cases where the wholesaler has previously demonstratedhis financial responsibility.
5. Mixed beverage license to any member, agent or employee of the Board or toany corporation or other business entity in which such member, agent oremployee is a stockholder or has any other economic interest.
Whenever any other elective or appointive official of the Commonwealth or anypolitical subdivision thereof applies for such a license or continuancethereof, he shall state on the application the official position he holds,and whenever a corporation or other business entity in which any suchofficial is a stockholder or has any other economic interests applies forsuch a license, it shall state on the application the full economic interestof each such official in such corporation or other business entity.
6. License authorized by this chapter until the license tax required by §4.1-231 is paid to the Board.
(Code 1950, § 4-31; 1954, c. 301; 1956, c. 523; 1968, c. 7, §§ 4-98.9,4-98.17; 1972, cc. 178, 525; 1974, cc. 267, 548; 1975, c. 413; 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. 823;2007, cc. 870, 932.)
