§ 4.1-224. Notice and hearings for refusal to grant licenses; AdministrativeProcess Act; exceptions.
A. The action of the Board in granting or in refusing to grant any licenseshall be subject to review in accordance with the Administrative Process Act(§ 2.2-4000 et seq.), except as provided in subsections B and C. Review shallbe 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 Courtof Appeals from any order of the court.
B. The Board may refuse a hearing on any application for the granting of anyretail alcoholic beverage or mixed beverage license, including a banquetlicense, provided such:
1. License for the applicant has been refused or revoked within a period oftwelve months;
2. License for any premises has been refused or revoked at that locationwithin a period of twelve months;
3. Applicant, within a period of twelve months immediately preceding, haspermitted a license granted by the Board to expire for nonpayment of licensetax, and at the time of expiration of such license, there was a pending andunadjudicated charge, either before the Board or in any court, against thelicensee alleging a violation of this title; or
4. Applicant has received a restricted license and reapplies for alesser-restricted license at the same location within twelve months of thedate of the issuance of the restricted license.
C. If an applicant has permitted a license to expire for nonpayment oflicense tax, and at the time of expiration there remained unexecuted anyperiod of suspension imposed upon the licensee by the Board, the Board mayrefuse a hearing on an application for a new license until after the date onwhich the suspension period would have been executed had the license not havebeen permitted to expire.
(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.)
§ 4.1-224. Notice and hearings for refusal to grant licenses; AdministrativeProcess Act; exceptions.
A. The action of the Board in granting or in refusing to grant any licenseshall be subject to review in accordance with the Administrative Process Act(§ 2.2-4000 et seq.), except as provided in subsections B and C. Review shallbe 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 Courtof Appeals from any order of the court.
B. The Board may refuse a hearing on any application for the granting of anyretail alcoholic beverage or mixed beverage license, including a banquetlicense, provided such:
1. License for the applicant has been refused or revoked within a period oftwelve months;
2. License for any premises has been refused or revoked at that locationwithin a period of twelve months;
3. Applicant, within a period of twelve months immediately preceding, haspermitted a license granted by the Board to expire for nonpayment of licensetax, and at the time of expiration of such license, there was a pending andunadjudicated charge, either before the Board or in any court, against thelicensee alleging a violation of this title; or
4. Applicant has received a restricted license and reapplies for alesser-restricted license at the same location within twelve months of thedate of the issuance of the restricted license.
C. If an applicant has permitted a license to expire for nonpayment oflicense tax, and at the time of expiration there remained unexecuted anyperiod of suspension imposed upon the licensee by the Board, the Board mayrefuse a hearing on an application for a new license until after the date onwhich the suspension period would have been executed had the license not havebeen permitted to expire.
(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.)
§ 4.1-224. Notice and hearings for refusal to grant licenses; AdministrativeProcess Act; exceptions.
A. The action of the Board in granting or in refusing to grant any licenseshall be subject to review in accordance with the Administrative Process Act(§ 2.2-4000 et seq.), except as provided in subsections B and C. Review shallbe 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 Courtof Appeals from any order of the court.
B. The Board may refuse a hearing on any application for the granting of anyretail alcoholic beverage or mixed beverage license, including a banquetlicense, provided such:
1. License for the applicant has been refused or revoked within a period oftwelve months;
2. License for any premises has been refused or revoked at that locationwithin a period of twelve months;
3. Applicant, within a period of twelve months immediately preceding, haspermitted a license granted by the Board to expire for nonpayment of licensetax, and at the time of expiration of such license, there was a pending andunadjudicated charge, either before the Board or in any court, against thelicensee alleging a violation of this title; or
4. Applicant has received a restricted license and reapplies for alesser-restricted license at the same location within twelve months of thedate of the issuance of the restricted license.
C. If an applicant has permitted a license to expire for nonpayment oflicense tax, and at the time of expiration there remained unexecuted anyperiod of suspension imposed upon the licensee by the Board, the Board mayrefuse a hearing on an application for a new license until after the date onwhich the suspension period would have been executed had the license not havebeen permitted to expire.
(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.)
