2006 Code of Virginia § 4.1-124 - Referendum on the sale of mixed beverages

4.1-124. Referendum on the sale of mixed beverages.

A. The provisions of this title relating to the sale of mixed beverages shallnot become effective in any town, county, or supervisor's election districtof a county until a majority of the voters voting in a referendum voteaffirmatively on the question of whether mixed alcoholic beverages should besold by restaurants licensed under this title. The qualified voters of atown, county, or supervisor's election district of a county may file apetition with the circuit court of the county asking that a referendum beheld on the question of whether the sale of mixed beverages by restaurantslicensed by the Board should be permitted within that jurisdiction. Thepetition shall be signed by qualified voters equal in number to at least tenpercent of the number registered in the town, county, or supervisor'selection district on January 1 preceding its filing or at least 100 qualifiedvoters, whichever is greater. Petition requirements for any county shall bebased on the number of registered voters in the county, exclusive of thenumber of registered voters in any town having a population in excess of1,000 located within such county. Upon the filing of a petition, and under noother circumstances, the court shall order the election officials of thecounty to conduct a referendum on the question.

The clerk of the circuit court of the county shall publish notice of thereferendum in a newspaper of general circulation in the town, county, orsupervisor's election district once a week for three consecutive weeks priorto the referendum.

The question on the ballot shall be:

"Shall the sale of mixed alcoholic beverages by restaurants licensed by theAlcoholic Beverage Control Board be permitted in .......... (name of town,county, or supervisor's election district of county)?"

The referendum shall be ordered and held and the results certified asprovided in Article 5 ( 24.2-681 et seq.) of Chapter 6 of Title 24.2.Thereupon the court shall enter of record an order certified by the clerk ofthe court to be transmitted to the Board and to the governing body of thetown or county. Mixed beverages permitted to be sold by such referendum mayin accordance with this title be sold by restaurants licensed by the Boardwithin the town, county, or supervisor's election district of a county on orafter thirty days following the entry of the order if a majority of thevoters voting in the referendum have voted "Yes."

The provisions of this section shall be applicable to towns having apopulation in excess of 1,000 to the same extent and subject to the sameconditions and limitations as are otherwise applicable to counties under thissection. Such towns shall be treated as separate local option units, andresidents of any such town shall not be eligible to vote in any referendumheld pursuant to this section for any county in which the town is located.

However, the provisions of this section shall not require any town created asa result of a city-to-town reversion pursuant to Chapter 41 ( 15.2-4100 etseq.) of Title 15.2 to hold a referendum on the same question if a majorityof the voters voting in the former city had previously approved the sale ofmixed beverages by restaurants licensed by the Board in such city.

B. Once a referendum has been held, no other referendum on the same questionshall be held in the town, county, or supervisor's election district of acounty for a period of twenty-three months.

C. Notwithstanding the provisions of subsection A, the sale of mixedbeverages shall be allowed on property dedicated for industrial or commercialdevelopment and controlled through the provision of public utilities andcovenanting of the land by any multijurisdictional industrial developmentauthority, as set forth under Chapter 49 ( 15.2-4900 et seq.) of Title 15.2,provided that (i) such authority operates under a partnership agreementbetween three or more counties, cities, or towns and such jurisdictionsparticipate administratively and financially in the authority and (ii) thesale of mixed beverages is permitted in one of the member counties, cities,towns, or a supervisor's election district of one of the counties and thatthe governing board of the authority authorizes an establishment locatedwithin the confines of such property to apply to the Board for such license.The appropriate license fees shall be paid for this privilege.

D. Notwithstanding the provisions of subsection A of this section andsubsection C of 4.1-122, the sale of mixed beverages by licensees, and thesale of alcoholic beverages other than beer and wine not produced by farmwineries by the Board, shall be allowed in any city in the Commonwealth.

E. Notwithstanding the provisions of subsection A, the Board may grant amixed beverage restaurant license to a restaurant located on the premises ofand operated by a private club exclusively for its members and their guests,subject to the qualifications and restrictions on the issuance of suchlicense imposed by 4.1-210. However, no license authorized by thissubsection shall be granted if the private club restricts its membership onthe basis of race, color, creed, national origin or sex.

(1968, c. 7, 4-98.12, 4-98.13; 1975, c. 517; 1979, c. 199; 1982, c. 31;1985, c. 551; 1986, c. 70; 1988, c. 156; 1991, c. 690; 1993, c. 866; 1995, c.177; 1997, c. 126.)