Chap. 27.—An ACT to amend and re-enact Section 20 of Chapter 94 of the Acts of
the General Assembly of 1934, approved March 7, 1934, as heretofore amended,
and known, designated and cited as the Alcoholic Beverage Control Act, so as,
among other things, to provide when the Board may refuse to grant licenses;
and to require of wholesale wine distributors a bond in the penal sum of Ten
Thousand Dollars, ($10,000.00). [S B 30]

Approved Feburary 9, 1940

1. Be it enacted by the General Assembly of Virginia, That
section twenty of chapter ninety-four of the Acts of the General
Assembly of nineteen hundred and thirty-four, as heretofore amended,
and known, designated and cited as the Alcoholic Beverage Control
Act, be amended and re-enacted so as to read as follows:

Section 20. When Board May Refuse to Grant Licenses; Effect
Thereof.—(a) The Board shall refuse to grant any license mentioned
in this act if it shall be of the opinion:

First. That the applicant is not a suitable person to be so licensed ;
or

Second. That the place to be occupied by the applicant is not a
suitable place; or

Third. That a sufficient number of licenses have already been
issued; or

Fourth. That the license shall not be issued.

(b) The Board shall not refuse to grant any such license, except
upon a hearing held after ten days’ notice to the applicant of the
time and place of such hearing, which notice shall contain a state-
ment of the objections to granting such license, and shall be served
on the applicant as other notices are served or by sending the same
to the applicant by registered mail to his last known postoffice address.
The applicant shall have the right to produce evidence in his behalf
at the hearing and be represented by counsel.

(c) The Board shall refuse to grant any retail license, other than
a druggist license, to any person to sell wine and beer or beer in any
county or city, the qualified voters of which shall in accordance with
the provisions of section thirty of this act vote that the sale of such
alcoholic beverages be prohibited in such county or city.

(d) The Board shall refuse to grant any wholesale beer or wine
license to any person, unless such person has established or will
establish a place, or places, of business within this State at which will
be received and from which will be distributed all alcoholic beverages
sold by such person in this State.

(ce) The Board shall not issue any license until the license tax
required by section twenty-two of this act is paid to the Board.

(f) The action of the Board in granting or in refusing to grant
any license under the provisions of this act shall not be subject tc
review by any court nor shall any mandamus or injunction lie in any
such case.

(g) No license shall be granted under this act to a wholesale
wine distributor, until such applicant has filed with the Board <
bond running to the Commonwealth, in a penal sum not exceeding
ten thousand dollars ($10,000.00), upon a form approved by the
Board, signed by the applicant or licensee, and a surety company
authorized to do business in this Commonwealth as surety; or, in lieu
of furnishing a surety upon such, the applicant or licensee may de-
posit with the Board as security for the performance of the conditions
of the bond, United States government bonds, Commonwealth of
Virginia bonds, or the bonds of any municipality or county in the
State of Virginia, conditioned upon such person securing wine only
in a manner provided by law; and that such person shall not fail to
remit to the Board the proper mark-up thereon; shall keep such
records as may be required by law, or the regulations of this Board:
and shall abide by such other laws or regulations of the Board as may
be from time to time adopted relative to the handling of wine by
wholesale wine distributors.