2006 Code of Virginia § 4.1-123 - Referendum on Sunday wine and beer sales; exception

4.1-123. Referendum on Sunday wine and beer sales; exception.

A. Either the qualified voters or the governing body of any county, city,town, or supervisor's election district of a county may file a petition withthe circuit court of the county or city or of the county wherein the town orthe greater part thereof is situated asking that a referendum be held on thequestion of whether the sale of beer and wine on Sunday should be permittedwithin that jurisdiction. The petition of voters shall be signed by qualifiedvoters equal in number to at least ten percent of the number registered inthe jurisdiction on January 1 preceding its filing or at least 100 qualifiedvoters, whichever is greater. Upon the filing of a petition, the court shallorder the election officials of the county, city, or town, on the date fixedin the order, to conduct a referendum on the question. The clerk of thecircuit court shall publish notice of the referendum in a newspaper ofgeneral circulation in the county, city, or town once a week for threeconsecutive weeks prior to the referendum.

The question on the ballot shall be:

"Shall the sale of wine and beer between the hours of twelve o'clock p.m. oneach Saturday and six o'clock a.m. on each Monday be permitted in . . . .. . (nameof county, city, town, or supervisor's election district of the county)?"

The referendum shall be ordered and held and the results certified asprovided in 24.2-684. Thereupon the court shall enter of record an ordercertified by the clerk of the court to be transmitted to the Board and to thegoverning body of the county, city, or town.

Notwithstanding an ordinance adopted pursuant to 4.1-129, an affirmativemajority vote on the question shall be binding on the governing body of thecounty, city, or town, and the governing body shall take all actions requiredof it to legalize such Sunday sales.

B. Notwithstanding the provisions of subsection A or 4.1-129, whereproperty that constitutes a farm winery lies within, or abuts, the boundariesof two adjoining counties, one of which has a population between 12,000 and12,100 and one of which has a population between 17,450 and 17,500, theretail sale of wine by the farm winery licensee in the county that restrictsthe sale of wine and beer shall be allowed at one fixed location on a parcelof land that contains all or part of the licensee's producing vineyard andthe licensee's vinification facilities.

The Board may refuse to allow such licensee the exercise of his retail salesprivilege in the county restricting the Sunday sale of wine and beer if theBoard determines, after giving the licensee notice and a hearing, that (i)the owner of the farm winery had actual knowledge that the vinificationfacilities and all or part of the producing vineyard were going to be locatedin the county restricting the sale of wine and beer prior to construction ofthe vinification facilities or (ii) the primary business purpose of the farmwinery licensee is to engage in the retail sale of wine in such county ratherthan the business of a farm winery.

Nothing in this subsection shall apply to a farm winery licensee that has aretail establishment for the sale of its wine in the county adjoining thecounty that restricts the Sunday sale of wine and beer if the retailestablishment is within one-half mile of the farm winery's vinificationfacilities.

(1979, c. 621, 4-96.3; 1980, c. 543; 1993, c. 866; 2001, cc. 594, 783.)