2006 Code of Virginia § 4.1-230 - Applications for licenses; publication; notice to localities; fees; permits

4.1-230. Applications for licenses; publication; notice to localities;fees; permits.

A. Every person intending to apply for any license authorized by this chaptershall file with the Board an application on forms provided by the Board and astatement in writing, under oath, setting forth any information required bythe Board. Applications for banquet, tasting, mixed beverage special events,or club events licenses shall not be required to be under oath, but theinformation contained therein shall be certified as true by the applicant.

B. In addition, each applicant for a license under the provisions of thischapter, except applicants for annual banquet, banquet, tasting, specialevents, club events, annual mixed beverage banquet, wine or beer shipper's,wine and beer shipper's, or museum licenses issued under the provisions ofChapter 2 ( 4.1-200 et seq.) of this title, or beer or wine importer'slicenses located outside the Commonwealth, shall post a notice of hisapplication with the Board on the front door of the building, place or roomwhere he proposes to engage in such business for no more than 30 days and notless than 10 days. Such notice shall be of a size and contain suchinformation as required by the Board.

The applicant shall cause a copy of such notice to be published at least oncea week for two consecutive weeks in a newspaper published in or having ageneral circulation in the county, city or town wherein such applicantproposes to engage in such business. In the case of wine or beer shipper'slicensees, wine and beer shipper's licensees, or operators of boats, diningcars, buffet cars, club cars, and airplanes, the posting and publishing ofnotice shall not be required.

Except for applicants for annual banquet, banquet, tasting, mixed beveragespecial events, club events, annual mixed beverage banquet, wine or beershipper's, wine and beer shipper's, or museum licenses, the Board shallconduct a background investigation, to include a criminal history recordssearch, on each applicant for a license. However, the Board may waive, forgood cause shown, the requirement for a criminal history records search andcompleted personal data form for officers, directors, nonmanaging members, orlimited partners of any applicant corporation, limited liability company, orlimited partnership.

Except for applicants for wine shipper's, beer shipper's, and wine and beershipper's licenses, the Board shall notify the local governing body of eachlicense application through the county or city attorney or the chieflaw-enforcement officer of the locality. Local governing bodies shall submitobjections to the granting of a license within 30 days of the filing of theapplication.

C. Each applicant shall pay the required application fee at the time theapplication is filed. Each license application fee, including annual banquetand annual mixed beverage banquet, shall be $65, plus $20 for each criminalhistory records search required by the Board, except for banquet, tasting,mixed beverage special events, or mixed beverage club events licenses, inwhich case the application fee shall be $15. Application fees shall be inaddition to the state license fee required pursuant to 4.1-231 and shallnot be refunded.

D. Subsection A shall not apply to the continuance of licenses granted underthis chapter.

E. Every application for a permit granted pursuant to 4.1-212 shall be on aform provided by the Board. In the case of applications to solicit the saleof wine and beer or spirits, each application shall be accompanied by a feeof $165 and $390, respectively. The fee for each such permit shall be subjectto proration to the following extent: If the permit is granted in the secondquarter of any year, the fee shall be decreased by one-fourth; if granted inthe third quarter of any year, the fee shall be decreased by one-half; and ifgranted in the fourth quarter of any year, the fee shall be decreased bythree-fourths. Each such permit shall expire on June 30 next succeeding thedate of issuance, unless sooner suspended or revoked by the Board. Suchpermits shall confer upon their holders no authority to make solicitations inthe Commonwealth as otherwise provided by law.

The fee for a temporary permit shall be one-twelfth of the combined feesrequired by this section for applicable licenses to sell wine, beer, or mixedbeverages computed to the nearest cent and multiplied by the number of monthsfor which the permit is granted.

The fee for a keg registration permit shall be $65 annually.

The fee for a permit for the storage of lawfully acquired alcoholic beveragesnot under customs bond or internal revenue bond in warehouses located in theCommonwealth shall be $260 annually.

(Code 1950, 4-26, 4-30, 4-31, 4-33; 1952, c. 535; 1954, cc. 301, 351;1956, c. 523; 1960, c. 476; 1968, c. 7, 4-98.16; 1970, c. 627; 1972, cc.178, 717; 1974, c. 267; 1975, c. 408; 1976, cc. 67, 496, 696, 698; 1978, cc.190, 446; 1980, cc. 299, 324, 524, 526, 4-25.1; 1981, c. 410; 1982, cc. 66,527; 1984, cc. 53, 180, 200, 559, 703; 1985, c. 457; 1986, cc. 94, 190, 615;1988, c. 786; 1989, c. 311; 1990, cc. 108, 300, 390, 442, 707, 727, 810;1991, c. 425; 1992, c. 350; 1993, cc. 166, 866; 1994, c. 825; 1996, cc. 584,596; 1998, c. 535; 1999, cc. 112, 756; 2003, cc. 1029, 1030; 2004, cc. 382,487; 2004, Sp. Sess. I, c. 4; 2005, cc. 361, 951; 2006, Sp. Sess. I, c. 2.)