§ 4.1-225. Grounds for which Board may suspend or revoke licenses.
The Board may suspend or revoke any license other than a brewery license, inwhich case the Board may impose penalties as provided in § 4.1-227, if it hasreasonable cause to believe that:
1. The licensee, or if the licensee is a partnership, any general partnerthereof, or if the licensee is an association, any member thereof, or alimited partner of 10 percent or more with voting rights, or if the licenseeis a corporation, any officer, director, or shareholder owning 10 percent ormore of its capital stock, or if the licensee is a limited liability company,any member-manager or any member owning 10 percent or more of the membershipinterest of the limited liability company:
a. Has misrepresented a material fact in applying to the Board for suchlicense;
b. 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 or fraudulent;
c. Within the five years immediately preceding the date of the hearing heldin accordance with § 4.1-227, has (i) been convicted of a violation of anylaw, ordinance or regulation of the Commonwealth, of any county, city or townin the Commonwealth, of any state, or of the United States, applicable to themanufacture, transportation, possession, use or sale of alcoholic beverages;(ii) violated any provision of Chapter 3 (§ 4.1-300 et seq.) of this title;(iii) committed a violation of the Wine Franchise Act (§ 4.1-400 et seq.) orthe Beer Franchise Act (§ 4.1-500 et seq.) in bad faith; (iv) violated orfailed or refused to comply with any regulation, rule or order of the Board;or (v) failed or refused to comply with any of the conditions or restrictionsof the license granted by the Board;
d. Has been convicted in any court of a felony or of any crime or offenseinvolving moral turpitude under the laws of any state, or of the UnitedStates;
e. Is not the legitimate owner of the business conducted under the licensegranted by the Board, or other persons have ownership interests in thebusiness which have not been disclosed;
f. Cannot demonstrate financial responsibility sufficient to meet therequirements of the business conducted under the license granted by the Board;
g. Has been intoxicated or under the influence of some self-administered drugwhile upon the licensed premises;
h. Has maintained the licensed premises in an unsanitary condition, orallowed such premises to become a meeting place or rendezvous for members ofa criminal street gang as defined in § 18.2-46.1 or persons of ill repute, orhas allowed any form of illegal gambling to take place upon such premises;
i. Knowingly employs in the business conducted under such license, as agent,servant, or employee, other than a busboy, cook or other kitchen help, anyperson who has been convicted in any court of a felony or of any crime oroffense involving moral turpitude, or who has violated the laws of theCommonwealth, of any other state, or of the United States, applicable to themanufacture, transportation, possession, use or sale of alcoholic beverages;
j. Subsequent to the granting of his original license, has demonstrated byhis police record a lack of respect for law and order;
k. Has allowed the consumption of alcoholic beverages upon the licensedpremises by any person whom he knew or had reason to believe was (i) lessthan 21 years of age, (ii) interdicted, or (iii) intoxicated, or has allowedany person whom he knew or had reason to believe was intoxicated to loiterupon such licensed premises;
l. Has allowed any person to consume upon the licensed premises any alcoholicbeverages except as provided under this title;
m. Is physically unable to carry on the business conducted under such licenseor has been adjudicated incapacitated;
n. Has allowed any obscene literature, pictures or materials upon thelicensed premises;
o. Has possessed any illegal gambling apparatus, machine or device upon thelicensed premises;
p. Has upon the licensed premises (i) illegally possessed, distributed, soldor used, or has knowingly allowed any employee or agent, or any other person,to illegally possess, distribute, sell or use marijuana, controlledsubstances, imitation controlled substances, drug paraphernalia or controlledparaphernalia as those terms are defined in Articles 1 and 1.1 (§ 18.2-247 etseq.) of Chapter 7 of Title 18.2 and the Drug Control Act (§ 54.1-3400 etseq.); (ii) laundered money in violation of § 18.2-246.3; or (iii) conspiredto commit any drug-related offense in violation of Articles 1 and 1.1 ofChapter 7 (§ 18.2-247 et seq.) of Title 18.2 or the Drug Control Act (§54.1-3400 et seq.). The provisions of this subdivision shall also apply toany conduct related to the operation of the licensed business whichfacilitates the commission of any of the offenses set forth herein; or
q. Has failed to take reasonable measures to prevent (i) the licensedpremises, (ii) any premises immediately adjacent to the licensed premisesthat are owned or leased by the licensee, or (iii) any portion of publicproperty immediately adjacent to the licensed premises from becoming a placewhere patrons of the establishment commit criminal violations of Article 1 (§18.2-30 et seq.), 2 (§ 18.2-38 et seq.), 2.1 (§ 18.2-46.1 et seq.), 2.2 (§18.2-46.4 et seq.), 3 (§ 18.2-47 et seq.), 4 (§ 18.2-51 et seq.), 5 (§18.2-58 et seq.), 6 (§ 18.2-59 et seq.), or 7 (§ 18.2-61 et seq.) of Chapter4 of Title 18.2; Article 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2;Article 3 (§ 18.2-344 et seq.) or 5 (§ 18.2-372 et seq.) of Chapter 8 ofTitle 18.2; or Article 1 (§ 18.2-404 et seq.), 2 (§ 18.2-415), or 3 (§18.2-416 et seq.) of Chapter 9 of Title 18.2 and such violations lead toarrests that are so frequent and serious as to reasonably be deemed acontinuing threat to the public safety.
2. The place occupied by the licensee:
a. Does not conform to the requirements of the governing body of the county,city or town in which such establishment is located, with respect tosanitation, health, construction or equipment, or to any similar requirementsestablished by the laws of the Commonwealth or by Board regulations;
b. Has been adjudicated a common nuisance under the provisions of this titleor § 18.2-258; or
c. Has become a meeting place or rendezvous for illegal gambling, illegalusers of narcotics, drunks, prostitutes, pimps, panderers or habitual lawviolators or has become a place where illegal drugs are regularly used ordistributed. The Board may consider the general reputation in the communityof such establishment in addition to any other competent evidence in makingsuch determination.
3. The licensee or any employee of the licensee discriminated against anymember of the armed forces of the United States by prices charged orotherwise.
4. The licensee, his employees, or any entertainer performing on the licensedpremises has been convicted of a violation of a local public nudity ordinancefor conduct occurring on the licensed premises and the licensee allowed suchconduct to occur.
5. Any cause exists for which the Board would have been entitled to refuse togrant such license had the facts been known.
6. Any other cause authorized by this title.
(Code 1950, § 4-37; 1956, c. 521; 1970, cc. 545, 676; 1976, cc. 696, 698,702; 1978, c. 579; 1979, c. 537; 1980, c. 299; 1981, cc. 24, 586, 600; 1982,c. 214; 1983, c. 608; 1984, cc. 180, 200, 703; 1985, c. 559; 1986, cc. 101,318, 615; 1987, c. 252; 1991, c. 468; 1992, cc. 161, 820; 1993, c. 866; 1996,c. 404; 1997, c. 801; 2002, c. 352; 2003, c. 594; 2007, c. 103; 2008, cc.185, 794; 2009, c. 486.)
§ 4.1-225. Grounds for which Board may suspend or revoke licenses.
The Board may suspend or revoke any license other than a brewery license, inwhich case the Board may impose penalties as provided in § 4.1-227, if it hasreasonable cause to believe that:
1. The licensee, or if the licensee is a partnership, any general partnerthereof, or if the licensee is an association, any member thereof, or alimited partner of 10 percent or more with voting rights, or if the licenseeis a corporation, any officer, director, or shareholder owning 10 percent ormore of its capital stock, or if the licensee is a limited liability company,any member-manager or any member owning 10 percent or more of the membershipinterest of the limited liability company:
a. Has misrepresented a material fact in applying to the Board for suchlicense;
b. 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 or fraudulent;
c. Within the five years immediately preceding the date of the hearing heldin accordance with § 4.1-227, has (i) been convicted of a violation of anylaw, ordinance or regulation of the Commonwealth, of any county, city or townin the Commonwealth, of any state, or of the United States, applicable to themanufacture, transportation, possession, use or sale of alcoholic beverages;(ii) violated any provision of Chapter 3 (§ 4.1-300 et seq.) of this title;(iii) committed a violation of the Wine Franchise Act (§ 4.1-400 et seq.) orthe Beer Franchise Act (§ 4.1-500 et seq.) in bad faith; (iv) violated orfailed or refused to comply with any regulation, rule or order of the Board;or (v) failed or refused to comply with any of the conditions or restrictionsof the license granted by the Board;
d. Has been convicted in any court of a felony or of any crime or offenseinvolving moral turpitude under the laws of any state, or of the UnitedStates;
e. Is not the legitimate owner of the business conducted under the licensegranted by the Board, or other persons have ownership interests in thebusiness which have not been disclosed;
f. Cannot demonstrate financial responsibility sufficient to meet therequirements of the business conducted under the license granted by the Board;
g. Has been intoxicated or under the influence of some self-administered drugwhile upon the licensed premises;
h. Has maintained the licensed premises in an unsanitary condition, orallowed such premises to become a meeting place or rendezvous for members ofa criminal street gang as defined in § 18.2-46.1 or persons of ill repute, orhas allowed any form of illegal gambling to take place upon such premises;
i. Knowingly employs in the business conducted under such license, as agent,servant, or employee, other than a busboy, cook or other kitchen help, anyperson who has been convicted in any court of a felony or of any crime oroffense involving moral turpitude, or who has violated the laws of theCommonwealth, of any other state, or of the United States, applicable to themanufacture, transportation, possession, use or sale of alcoholic beverages;
j. Subsequent to the granting of his original license, has demonstrated byhis police record a lack of respect for law and order;
k. Has allowed the consumption of alcoholic beverages upon the licensedpremises by any person whom he knew or had reason to believe was (i) lessthan 21 years of age, (ii) interdicted, or (iii) intoxicated, or has allowedany person whom he knew or had reason to believe was intoxicated to loiterupon such licensed premises;
l. Has allowed any person to consume upon the licensed premises any alcoholicbeverages except as provided under this title;
m. Is physically unable to carry on the business conducted under such licenseor has been adjudicated incapacitated;
n. Has allowed any obscene literature, pictures or materials upon thelicensed premises;
o. Has possessed any illegal gambling apparatus, machine or device upon thelicensed premises;
p. Has upon the licensed premises (i) illegally possessed, distributed, soldor used, or has knowingly allowed any employee or agent, or any other person,to illegally possess, distribute, sell or use marijuana, controlledsubstances, imitation controlled substances, drug paraphernalia or controlledparaphernalia as those terms are defined in Articles 1 and 1.1 (§ 18.2-247 etseq.) of Chapter 7 of Title 18.2 and the Drug Control Act (§ 54.1-3400 etseq.); (ii) laundered money in violation of § 18.2-246.3; or (iii) conspiredto commit any drug-related offense in violation of Articles 1 and 1.1 ofChapter 7 (§ 18.2-247 et seq.) of Title 18.2 or the Drug Control Act (§54.1-3400 et seq.). The provisions of this subdivision shall also apply toany conduct related to the operation of the licensed business whichfacilitates the commission of any of the offenses set forth herein; or
q. Has failed to take reasonable measures to prevent (i) the licensedpremises, (ii) any premises immediately adjacent to the licensed premisesthat are owned or leased by the licensee, or (iii) any portion of publicproperty immediately adjacent to the licensed premises from becoming a placewhere patrons of the establishment commit criminal violations of Article 1 (§18.2-30 et seq.), 2 (§ 18.2-38 et seq.), 2.1 (§ 18.2-46.1 et seq.), 2.2 (§18.2-46.4 et seq.), 3 (§ 18.2-47 et seq.), 4 (§ 18.2-51 et seq.), 5 (§18.2-58 et seq.), 6 (§ 18.2-59 et seq.), or 7 (§ 18.2-61 et seq.) of Chapter4 of Title 18.2; Article 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2;Article 3 (§ 18.2-344 et seq.) or 5 (§ 18.2-372 et seq.) of Chapter 8 ofTitle 18.2; or Article 1 (§ 18.2-404 et seq.), 2 (§ 18.2-415), or 3 (§18.2-416 et seq.) of Chapter 9 of Title 18.2 and such violations lead toarrests that are so frequent and serious as to reasonably be deemed acontinuing threat to the public safety.
2. The place occupied by the licensee:
a. Does not conform to the requirements of the governing body of the county,city or town in which such establishment is located, with respect tosanitation, health, construction or equipment, or to any similar requirementsestablished by the laws of the Commonwealth or by Board regulations;
b. Has been adjudicated a common nuisance under the provisions of this titleor § 18.2-258; or
c. Has become a meeting place or rendezvous for illegal gambling, illegalusers of narcotics, drunks, prostitutes, pimps, panderers or habitual lawviolators or has become a place where illegal drugs are regularly used ordistributed. The Board may consider the general reputation in the communityof such establishment in addition to any other competent evidence in makingsuch determination.
3. The licensee or any employee of the licensee discriminated against anymember of the armed forces of the United States by prices charged orotherwise.
4. The licensee, his employees, or any entertainer performing on the licensedpremises has been convicted of a violation of a local public nudity ordinancefor conduct occurring on the licensed premises and the licensee allowed suchconduct to occur.
5. Any cause exists for which the Board would have been entitled to refuse togrant such license had the facts been known.
6. Any other cause authorized by this title.
(Code 1950, § 4-37; 1956, c. 521; 1970, cc. 545, 676; 1976, cc. 696, 698,702; 1978, c. 579; 1979, c. 537; 1980, c. 299; 1981, cc. 24, 586, 600; 1982,c. 214; 1983, c. 608; 1984, cc. 180, 200, 703; 1985, c. 559; 1986, cc. 101,318, 615; 1987, c. 252; 1991, c. 468; 1992, cc. 161, 820; 1993, c. 866; 1996,c. 404; 1997, c. 801; 2002, c. 352; 2003, c. 594; 2007, c. 103; 2008, cc.185, 794; 2009, c. 486.)
§ 4.1-225. Grounds for which Board may suspend or revoke licenses.
The Board may suspend or revoke any license other than a brewery license, inwhich case the Board may impose penalties as provided in § 4.1-227, if it hasreasonable cause to believe that:
1. The licensee, or if the licensee is a partnership, any general partnerthereof, or if the licensee is an association, any member thereof, or alimited partner of 10 percent or more with voting rights, or if the licenseeis a corporation, any officer, director, or shareholder owning 10 percent ormore of its capital stock, or if the licensee is a limited liability company,any member-manager or any member owning 10 percent or more of the membershipinterest of the limited liability company:
a. Has misrepresented a material fact in applying to the Board for suchlicense;
b. 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 or fraudulent;
c. Within the five years immediately preceding the date of the hearing heldin accordance with § 4.1-227, has (i) been convicted of a violation of anylaw, ordinance or regulation of the Commonwealth, of any county, city or townin the Commonwealth, of any state, or of the United States, applicable to themanufacture, transportation, possession, use or sale of alcoholic beverages;(ii) violated any provision of Chapter 3 (§ 4.1-300 et seq.) of this title;(iii) committed a violation of the Wine Franchise Act (§ 4.1-400 et seq.) orthe Beer Franchise Act (§ 4.1-500 et seq.) in bad faith; (iv) violated orfailed or refused to comply with any regulation, rule or order of the Board;or (v) failed or refused to comply with any of the conditions or restrictionsof the license granted by the Board;
d. Has been convicted in any court of a felony or of any crime or offenseinvolving moral turpitude under the laws of any state, or of the UnitedStates;
e. Is not the legitimate owner of the business conducted under the licensegranted by the Board, or other persons have ownership interests in thebusiness which have not been disclosed;
f. Cannot demonstrate financial responsibility sufficient to meet therequirements of the business conducted under the license granted by the Board;
g. Has been intoxicated or under the influence of some self-administered drugwhile upon the licensed premises;
h. Has maintained the licensed premises in an unsanitary condition, orallowed such premises to become a meeting place or rendezvous for members ofa criminal street gang as defined in § 18.2-46.1 or persons of ill repute, orhas allowed any form of illegal gambling to take place upon such premises;
i. Knowingly employs in the business conducted under such license, as agent,servant, or employee, other than a busboy, cook or other kitchen help, anyperson who has been convicted in any court of a felony or of any crime oroffense involving moral turpitude, or who has violated the laws of theCommonwealth, of any other state, or of the United States, applicable to themanufacture, transportation, possession, use or sale of alcoholic beverages;
j. Subsequent to the granting of his original license, has demonstrated byhis police record a lack of respect for law and order;
k. Has allowed the consumption of alcoholic beverages upon the licensedpremises by any person whom he knew or had reason to believe was (i) lessthan 21 years of age, (ii) interdicted, or (iii) intoxicated, or has allowedany person whom he knew or had reason to believe was intoxicated to loiterupon such licensed premises;
l. Has allowed any person to consume upon the licensed premises any alcoholicbeverages except as provided under this title;
m. Is physically unable to carry on the business conducted under such licenseor has been adjudicated incapacitated;
n. Has allowed any obscene literature, pictures or materials upon thelicensed premises;
o. Has possessed any illegal gambling apparatus, machine or device upon thelicensed premises;
p. Has upon the licensed premises (i) illegally possessed, distributed, soldor used, or has knowingly allowed any employee or agent, or any other person,to illegally possess, distribute, sell or use marijuana, controlledsubstances, imitation controlled substances, drug paraphernalia or controlledparaphernalia as those terms are defined in Articles 1 and 1.1 (§ 18.2-247 etseq.) of Chapter 7 of Title 18.2 and the Drug Control Act (§ 54.1-3400 etseq.); (ii) laundered money in violation of § 18.2-246.3; or (iii) conspiredto commit any drug-related offense in violation of Articles 1 and 1.1 ofChapter 7 (§ 18.2-247 et seq.) of Title 18.2 or the Drug Control Act (§54.1-3400 et seq.). The provisions of this subdivision shall also apply toany conduct related to the operation of the licensed business whichfacilitates the commission of any of the offenses set forth herein; or
q. Has failed to take reasonable measures to prevent (i) the licensedpremises, (ii) any premises immediately adjacent to the licensed premisesthat are owned or leased by the licensee, or (iii) any portion of publicproperty immediately adjacent to the licensed premises from becoming a placewhere patrons of the establishment commit criminal violations of Article 1 (§18.2-30 et seq.), 2 (§ 18.2-38 et seq.), 2.1 (§ 18.2-46.1 et seq.), 2.2 (§18.2-46.4 et seq.), 3 (§ 18.2-47 et seq.), 4 (§ 18.2-51 et seq.), 5 (§18.2-58 et seq.), 6 (§ 18.2-59 et seq.), or 7 (§ 18.2-61 et seq.) of Chapter4 of Title 18.2; Article 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2;Article 3 (§ 18.2-344 et seq.) or 5 (§ 18.2-372 et seq.) of Chapter 8 ofTitle 18.2; or Article 1 (§ 18.2-404 et seq.), 2 (§ 18.2-415), or 3 (§18.2-416 et seq.) of Chapter 9 of Title 18.2 and such violations lead toarrests that are so frequent and serious as to reasonably be deemed acontinuing threat to the public safety.
2. The place occupied by the licensee:
a. Does not conform to the requirements of the governing body of the county,city or town in which such establishment is located, with respect tosanitation, health, construction or equipment, or to any similar requirementsestablished by the laws of the Commonwealth or by Board regulations;
b. Has been adjudicated a common nuisance under the provisions of this titleor § 18.2-258; or
c. Has become a meeting place or rendezvous for illegal gambling, illegalusers of narcotics, drunks, prostitutes, pimps, panderers or habitual lawviolators or has become a place where illegal drugs are regularly used ordistributed. The Board may consider the general reputation in the communityof such establishment in addition to any other competent evidence in makingsuch determination.
3. The licensee or any employee of the licensee discriminated against anymember of the armed forces of the United States by prices charged orotherwise.
4. The licensee, his employees, or any entertainer performing on the licensedpremises has been convicted of a violation of a local public nudity ordinancefor conduct occurring on the licensed premises and the licensee allowed suchconduct to occur.
5. Any cause exists for which the Board would have been entitled to refuse togrant such license had the facts been known.
6. Any other cause authorized by this title.
(Code 1950, § 4-37; 1956, c. 521; 1970, cc. 545, 676; 1976, cc. 696, 698,702; 1978, c. 579; 1979, c. 537; 1980, c. 299; 1981, cc. 24, 586, 600; 1982,c. 214; 1983, c. 608; 1984, cc. 180, 200, 703; 1985, c. 559; 1986, cc. 101,318, 615; 1987, c. 252; 1991, c. 468; 1992, cc. 161, 820; 1993, c. 866; 1996,c. 404; 1997, c. 801; 2002, c. 352; 2003, c. 594; 2007, c. 103; 2008, cc.185, 794; 2009, c. 486.)
