§ 4.1-227. Suspension or revocation of licenses; notice and hearings;imposition of penalties.
A. Except for temporary licenses, before the Board may impose a civil penaltyagainst a brewery licensee or suspend or revoke any license, reasonablenotice of such proposed or contemplated action shall be given to the licenseein accordance with the provisions of § 2.2-4020 of the Administrative ProcessAct (§ 2.2-4000 et seq.).
Notwithstanding the provisions of § 2.2-4022, the Board shall, upon writtenrequest by the licensee, permit the licensee to inspect and copy orphotograph all (i) written or recorded statements made by the licensee orcopies thereof or the substance of any oral statements made by the licenseeor a previous or present employee of the licensee to any law-enforcementofficer, the existence of which is known by the Board and upon which theBoard intends to rely as evidence in any adversarial proceeding under thischapter against the licensee, and (ii) designated books, papers, documents,tangible objects, buildings, or places, or copies or portions thereof, thatare within the possession, custody, or control of the Board and upon whichthe Board intends to rely as evidence in any adversarial proceeding underthis chapter against the licensee. In addition, any subpoena for theproduction of documents issued to any person at the request of the licenseeor the Board pursuant to § 4.1-103 shall provide for the production of thedocuments sought within ten working days, notwithstanding anything to thecontrary in § 4.1-103.
If the Board fails to provide for inspection or copying under this sectionfor the licensee after a written request, the Board shall be prohibited fromintroducing into evidence any items the licensee would have lawfully beenentitled to inspect or copy under this section.
The action of the Board in suspending or revoking any license or in imposinga civil penalty against the holder of a brewery license shall be subject tojudicial review in accordance with the Administrative Process Act. Suchreview shall extend to the entire evidential record of the proceedingsprovided by the Board in accordance with the Administrative Process Act. Anappeal shall lie to the Court of Appeals from any order of the court.Notwithstanding § 8.01-676.1, the final judgment or order of the circuitcourt shall not be suspended, stayed or modified by such circuit courtpending appeal to the Court of Appeals. Neither mandamus nor injunction shalllie in any such case.
B. In suspending any license the Board may impose, as a condition precedentto the removal of such suspension or any portion thereof, a requirement thatthe licensee pay the cost incurred by the Board in investigating the licenseeand in holding the proceeding resulting in such suspension, or it may imposea civil penalty not to exceed $1,000 for the first violation, $2,500 for thesecond violation and $5,000 for the third violation in lieu of suchsuspension or any portion thereof, or both. However, if the violationinvolved selling alcoholic beverages to a person prohibited from purchasingalcoholic beverages or allowing consumption of alcoholic beverages byunderage, intoxicated or interdicted persons, the Board may impose a civilpenalty not to exceed $2,500 for the first violation and $5,000 for asubsequent violation in lieu of such suspension or any portion thereof, orboth.
C. Following notice to the licensee of a hearing which may result in thesuspension or revocation of his license, the Board may accept from thelicensee an offer in compromise to pay a civil charge not exceeding $5,000,either in lieu of suspension or in addition thereto, or in lieu of revocation.
D. In case of an offense by the holder of a brewery license, the Board mayrequire that such holder pay the costs incurred by the Board in investigatingthe licensee, and it may impose a civil penalty not to exceed $25,000 for thefirst violation, $50,000 for the second violation, and for the third or anysubsequent violation, suspend or revoke such license or, in lieu of anysuspension or portion thereof, impose a civil penalty not to exceed $100,000.Such suspension or revocation shall not prohibit the licensee frommanufacturing or selling beer manufactured by it to the owners of boatsregistered under the laws of the United States sailing for ports of call of aforeign country or another state, and to persons outside the Commonwealth.
E. The Board shall, by regulation:
1. Designate the violations for which a waiver of a hearing and payment of acivil charge in lieu of suspension may be accepted for a first offenseoccurring within three years immediately preceding the date of the violation;
2. Provide for a reduction in the length of any suspension and a reduction inthe amount of any civil penalty for any retail licensee where the licenseecan demonstrate that it provided to its employees alcohol server or sellertraining certified in advance by the Board;
3. Establish a schedule of penalties for such offenses, prescribing theappropriate suspension of a license and the civil charge acceptable in lieuof such suspension; and
4. Establish a schedule of offenses for which any penalty may be waived upona showing that the licensee has had no prior violations within five yearsimmediately preceding the date of the violation. No waiver shall be grantedby the Board, however, for a licensee's willful and knowing violation of thistitle or Board regulations.
F. A licensee receiving notice of a hearing on an alleged violation meetingthe requirements of subsection E shall be advised of the option of (a)accepting the suspension authorized by the Board's schedule, (b) paying acivil charge authorized by the Board's schedule in lieu of suspension, or (c)proceeding to a hearing.
(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; 1995,cc. 549, 563; 1996, c. 309; 1999, c. 648; 2008, c. 513; 2009, cc. 135, 279.)
§ 4.1-227. Suspension or revocation of licenses; notice and hearings;imposition of penalties.
A. Except for temporary licenses, before the Board may impose a civil penaltyagainst a brewery licensee or suspend or revoke any license, reasonablenotice of such proposed or contemplated action shall be given to the licenseein accordance with the provisions of § 2.2-4020 of the Administrative ProcessAct (§ 2.2-4000 et seq.).
Notwithstanding the provisions of § 2.2-4022, the Board shall, upon writtenrequest by the licensee, permit the licensee to inspect and copy orphotograph all (i) written or recorded statements made by the licensee orcopies thereof or the substance of any oral statements made by the licenseeor a previous or present employee of the licensee to any law-enforcementofficer, the existence of which is known by the Board and upon which theBoard intends to rely as evidence in any adversarial proceeding under thischapter against the licensee, and (ii) designated books, papers, documents,tangible objects, buildings, or places, or copies or portions thereof, thatare within the possession, custody, or control of the Board and upon whichthe Board intends to rely as evidence in any adversarial proceeding underthis chapter against the licensee. In addition, any subpoena for theproduction of documents issued to any person at the request of the licenseeor the Board pursuant to § 4.1-103 shall provide for the production of thedocuments sought within ten working days, notwithstanding anything to thecontrary in § 4.1-103.
If the Board fails to provide for inspection or copying under this sectionfor the licensee after a written request, the Board shall be prohibited fromintroducing into evidence any items the licensee would have lawfully beenentitled to inspect or copy under this section.
The action of the Board in suspending or revoking any license or in imposinga civil penalty against the holder of a brewery license shall be subject tojudicial review in accordance with the Administrative Process Act. Suchreview shall extend to the entire evidential record of the proceedingsprovided by the Board in accordance with the Administrative Process Act. Anappeal shall lie to the Court of Appeals from any order of the court.Notwithstanding § 8.01-676.1, the final judgment or order of the circuitcourt shall not be suspended, stayed or modified by such circuit courtpending appeal to the Court of Appeals. Neither mandamus nor injunction shalllie in any such case.
B. In suspending any license the Board may impose, as a condition precedentto the removal of such suspension or any portion thereof, a requirement thatthe licensee pay the cost incurred by the Board in investigating the licenseeand in holding the proceeding resulting in such suspension, or it may imposea civil penalty not to exceed $1,000 for the first violation, $2,500 for thesecond violation and $5,000 for the third violation in lieu of suchsuspension or any portion thereof, or both. However, if the violationinvolved selling alcoholic beverages to a person prohibited from purchasingalcoholic beverages or allowing consumption of alcoholic beverages byunderage, intoxicated or interdicted persons, the Board may impose a civilpenalty not to exceed $2,500 for the first violation and $5,000 for asubsequent violation in lieu of such suspension or any portion thereof, orboth.
C. Following notice to the licensee of a hearing which may result in thesuspension or revocation of his license, the Board may accept from thelicensee an offer in compromise to pay a civil charge not exceeding $5,000,either in lieu of suspension or in addition thereto, or in lieu of revocation.
D. In case of an offense by the holder of a brewery license, the Board mayrequire that such holder pay the costs incurred by the Board in investigatingthe licensee, and it may impose a civil penalty not to exceed $25,000 for thefirst violation, $50,000 for the second violation, and for the third or anysubsequent violation, suspend or revoke such license or, in lieu of anysuspension or portion thereof, impose a civil penalty not to exceed $100,000.Such suspension or revocation shall not prohibit the licensee frommanufacturing or selling beer manufactured by it to the owners of boatsregistered under the laws of the United States sailing for ports of call of aforeign country or another state, and to persons outside the Commonwealth.
E. The Board shall, by regulation:
1. Designate the violations for which a waiver of a hearing and payment of acivil charge in lieu of suspension may be accepted for a first offenseoccurring within three years immediately preceding the date of the violation;
2. Provide for a reduction in the length of any suspension and a reduction inthe amount of any civil penalty for any retail licensee where the licenseecan demonstrate that it provided to its employees alcohol server or sellertraining certified in advance by the Board;
3. Establish a schedule of penalties for such offenses, prescribing theappropriate suspension of a license and the civil charge acceptable in lieuof such suspension; and
4. Establish a schedule of offenses for which any penalty may be waived upona showing that the licensee has had no prior violations within five yearsimmediately preceding the date of the violation. No waiver shall be grantedby the Board, however, for a licensee's willful and knowing violation of thistitle or Board regulations.
F. A licensee receiving notice of a hearing on an alleged violation meetingthe requirements of subsection E shall be advised of the option of (a)accepting the suspension authorized by the Board's schedule, (b) paying acivil charge authorized by the Board's schedule in lieu of suspension, or (c)proceeding to a hearing.
(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; 1995,cc. 549, 563; 1996, c. 309; 1999, c. 648; 2008, c. 513; 2009, cc. 135, 279.)
§ 4.1-227. Suspension or revocation of licenses; notice and hearings;imposition of penalties.
A. Except for temporary licenses, before the Board may impose a civil penaltyagainst a brewery licensee or suspend or revoke any license, reasonablenotice of such proposed or contemplated action shall be given to the licenseein accordance with the provisions of § 2.2-4020 of the Administrative ProcessAct (§ 2.2-4000 et seq.).
Notwithstanding the provisions of § 2.2-4022, the Board shall, upon writtenrequest by the licensee, permit the licensee to inspect and copy orphotograph all (i) written or recorded statements made by the licensee orcopies thereof or the substance of any oral statements made by the licenseeor a previous or present employee of the licensee to any law-enforcementofficer, the existence of which is known by the Board and upon which theBoard intends to rely as evidence in any adversarial proceeding under thischapter against the licensee, and (ii) designated books, papers, documents,tangible objects, buildings, or places, or copies or portions thereof, thatare within the possession, custody, or control of the Board and upon whichthe Board intends to rely as evidence in any adversarial proceeding underthis chapter against the licensee. In addition, any subpoena for theproduction of documents issued to any person at the request of the licenseeor the Board pursuant to § 4.1-103 shall provide for the production of thedocuments sought within ten working days, notwithstanding anything to thecontrary in § 4.1-103.
If the Board fails to provide for inspection or copying under this sectionfor the licensee after a written request, the Board shall be prohibited fromintroducing into evidence any items the licensee would have lawfully beenentitled to inspect or copy under this section.
The action of the Board in suspending or revoking any license or in imposinga civil penalty against the holder of a brewery license shall be subject tojudicial review in accordance with the Administrative Process Act. Suchreview shall extend to the entire evidential record of the proceedingsprovided by the Board in accordance with the Administrative Process Act. Anappeal shall lie to the Court of Appeals from any order of the court.Notwithstanding § 8.01-676.1, the final judgment or order of the circuitcourt shall not be suspended, stayed or modified by such circuit courtpending appeal to the Court of Appeals. Neither mandamus nor injunction shalllie in any such case.
B. In suspending any license the Board may impose, as a condition precedentto the removal of such suspension or any portion thereof, a requirement thatthe licensee pay the cost incurred by the Board in investigating the licenseeand in holding the proceeding resulting in such suspension, or it may imposea civil penalty not to exceed $1,000 for the first violation, $2,500 for thesecond violation and $5,000 for the third violation in lieu of suchsuspension or any portion thereof, or both. However, if the violationinvolved selling alcoholic beverages to a person prohibited from purchasingalcoholic beverages or allowing consumption of alcoholic beverages byunderage, intoxicated or interdicted persons, the Board may impose a civilpenalty not to exceed $2,500 for the first violation and $5,000 for asubsequent violation in lieu of such suspension or any portion thereof, orboth.
C. Following notice to the licensee of a hearing which may result in thesuspension or revocation of his license, the Board may accept from thelicensee an offer in compromise to pay a civil charge not exceeding $5,000,either in lieu of suspension or in addition thereto, or in lieu of revocation.
D. In case of an offense by the holder of a brewery license, the Board mayrequire that such holder pay the costs incurred by the Board in investigatingthe licensee, and it may impose a civil penalty not to exceed $25,000 for thefirst violation, $50,000 for the second violation, and for the third or anysubsequent violation, suspend or revoke such license or, in lieu of anysuspension or portion thereof, impose a civil penalty not to exceed $100,000.Such suspension or revocation shall not prohibit the licensee frommanufacturing or selling beer manufactured by it to the owners of boatsregistered under the laws of the United States sailing for ports of call of aforeign country or another state, and to persons outside the Commonwealth.
E. The Board shall, by regulation:
1. Designate the violations for which a waiver of a hearing and payment of acivil charge in lieu of suspension may be accepted for a first offenseoccurring within three years immediately preceding the date of the violation;
2. Provide for a reduction in the length of any suspension and a reduction inthe amount of any civil penalty for any retail licensee where the licenseecan demonstrate that it provided to its employees alcohol server or sellertraining certified in advance by the Board;
3. Establish a schedule of penalties for such offenses, prescribing theappropriate suspension of a license and the civil charge acceptable in lieuof such suspension; and
4. Establish a schedule of offenses for which any penalty may be waived upona showing that the licensee has had no prior violations within five yearsimmediately preceding the date of the violation. No waiver shall be grantedby the Board, however, for a licensee's willful and knowing violation of thistitle or Board regulations.
F. A licensee receiving notice of a hearing on an alleged violation meetingthe requirements of subsection E shall be advised of the option of (a)accepting the suspension authorized by the Board's schedule, (b) paying acivil charge authorized by the Board's schedule in lieu of suspension, or (c)proceeding to a hearing.
(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; 1995,cc. 549, 563; 1996, c. 309; 1999, c. 648; 2008, c. 513; 2009, cc. 135, 279.)
