2006 Code of Virginia § 4.1-122 - Effect of local option referenda

4.1-122. Effect of local option referenda.

A. If in any referendum held under the provisions of 4.1-121 in any county,city, or town a majority of the qualified voters vote "No" on the question,then on and after sixty days from the date on which the order of the court,setting forth the results of such referendum was entered of record, none ofthe alcoholic beverages voted against shall be sold in such county, city, ortown except for delivery or shipment to persons outside of such county, city,or town authorized under this title to acquire the alcoholic beverages forresale. This subsection shall not apply to common carriers of passengers bytrain, boat or airplane selling wine and beer to bona fide passengers.

B. If in any such referendum held in any county, city, or town in which amajority of the qualified voters have previously voted against permitting thesale of alcoholic beverages by the Board and in a subsequent election amajority of the voters of the county, city, or town vote "Yes" on thequestion stated in 4.1-121, then such alcoholic beverages permitted to besold by such referendum may, in accordance with this title, be sold withinthe county, city, or town on and after sixty days from the day on which theorder of the court setting forth the results of such election is entered ofrecord.

C. If any referendum is held under the provisions of 4.1-124 in any county,town or supervisor's election district of a county and the majority of votersvoting in such referendum voted "Yes," the sale by the Board of alcoholicbeverages, other than beer and wine not produced by farm wineries, shall bepermitted in such county, town or supervisor's election district of a county. Notwithstanding this section and any referendum held under 4.1-121 to thecontrary, persons licensed to sell mixed beverages in such county, town orsupervisor's election district of a county shall also be permitted to sellwine and beer for on-premises consumption, provided the appropriate licensefees are paid for the privilege.

D. The provisions of this section shall not prevent in any county, city, ortown, the sale and delivery or shipment of alcoholic beverages specified in 4.1-200 to and by persons therein authorized to sell alcoholic beverages, norprevent the delivery or shipment of alcoholic beverages under Boardregulations into any county, city, or town, except as otherwise prohibited bythis title.

E. For the purpose of this section, when any referendum is held in any town,separate and apart from the county in which such town or a part thereof islocated, such town shall be treated as being separate and apart from suchcounty.

(Code 1950, 4-46; 1954, c. 221; 1974, c. 460; 1975, c. 482; 1977, c. 683;1980, cc. 541, 543; 1982, cc. 66, 204; 1984, c. 200; 1991, c. 690; 1993, c.866.)