2006 Code of Virginia § 4.1-126 - Licenses for establishments in national forests, certain adjoining lands, on the Blue Ridge Parkway...

4.1-126. Licenses for establishments in national forests, certain adjoininglands, on the Blue Ridge Parkway, and certain other properties.

A. Notwithstanding the provisions of 4.1-124, mixed beverage licenses maybe granted to establishments located (i) on property owned by the federalgovernment in Jefferson National Forest, George Washington National Forest orthe Blue Ridge Parkway; (ii) at altitudes of 3,800 feet or more above sealevel on property adjoining the Jefferson National Forest; (iii) at analtitude of 2,800 feet or more above sea level on property adjoining the BlueRidge Parkway at Mile Marker No. 189; (iv) on property within one-quartermile of Mile Marker No. 174 on the Blue Ridge Parkway; (v) on propertydeveloped by a nonprofit economic development company or an industrialdevelopment authority; (vi) on old Jonesboro Road between Routes 823 and 654,located approximately 5,500 feet from a city having a population between17,500 and 18,500; (vii) on property developed as a motor sports road racingclub, of which the track surface is 3.27 miles in length, on 1,200 acres ofrural property bordering the Dan River in a county having a populationbetween 28,700 and 29,200, according to the 1990 United States Census whichcounty surrounds a town which, at the time of the 1990 United States Census,was a city having a population between 6,995 and 7,200, with such licenseapplying to any area of the property deemed appropriate by the Board; (viii)at an altitude of 2,645 feet or more above sea level on land containing atleast 750 acres used for recreational purposes and located within two andone-half miles of the Blue Ridge Parkway; (ix) on property fronting U.S.Route 11, with portions fronting Route 659, adjoining a city with apopulation between 17,000 and 18,000 and located approximately 2,700 feetnorth of mile marker 7.7 on Interstate 81; and (x) on property bounded on thenorth by U.S. Route 11 and to the south by Interstate 81, and located betweenmile markers 8.1 and 8.5 of Interstate 81.

B. In granting any license under clauses (iii) and (iv) of subsection A, theBoard shall consider whether the (i) voters of the jurisdiction in which theestablishment is located have voted by referendum under the provisions of 4.1-124 to prohibit the sale of mixed beverages and (ii) granting of alicense will give that establishment an unfair business advantage over otherestablishments in the same jurisdiction. If an unfair business advantage willresult, then no license shall be granted.

(1972, c. 304, 4-98.12:2; 1976, c. 169; 1988, c. 63; 1992, c. 876; 1993,cc. 866, 954; 2001, cc. 461, 845; 2005, cc. 646, 689; 2006, c. 752.)