Chap. 50.—An ACT to amend and re-enact Section 20 of Chapter 94 of the Acts of
the General Assembly of 1934, known as “The Alcoholic Beverage Control
Act”, the said section relating to the granting of licenses and the effect thereof.

[S B 35]
Approved February 27, 1946

Be it enacted by the General Assembly of Virginia:

1. That section twenty of chapter ninety-four of the Acts of the
General Assembly of nineteen hundred thirty-four, known as “The Al-
coholic Beverage Control Act’, be amended and re-enacted, as follows:

Section 20. When Board may refuse to grant licenses ; effect there-
of—(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 1s not a
suitable place: or

Third. That a sufficient number of licenses have already been is-
sued ; 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 statement 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 post office 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 coun-
ty or city, the qualified voters of which shall in accordance with the pro-
visions 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 the State; except in special circumstances the Board may per-
mit, subject to such regulations as the Board may from time to time
adopt, alcoholic beverages to be received into or distributed from places
other than established places of business.

(e) The Board shall not issue any license until the license tax re-
quired 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 to 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 a bond running
to the Commonwealth, in a penal sum not exceeding ten thousand dol-
lars ($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 deposit with the Board as security
for the performance of the conditions of the bond, United States govern-
ment 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.