CHAPTER 300

An Act to amend and reenact § 58-784.2 of the Code of Virginia, relating
to the postponement of general reassessments of real estate in counties.
[S 109]

Approved March 17, 1954

Be it enacted by the General Assembly of Virginia:

1. That § 58-784.2 of the Code of Virginia be amended and reenacted as
follows:

§ 58-784.2. Notwithstanding the foregoing provisions of this article
the governing body of any county may postpone any general reassessment
hereafter for a period of not exceeding three years; provided, however,
that in any county against which annexation proceedings are now pending
a general reassessment shall not be required for an additional four year
period, and that the period between general reassessments shall not exceed
six years in any other case.
An Act to amend and reenact §§ 4-81 and 4-105 of the Code of Virginia,
relating to the refusal of the Alcoholic Beverage Control Board to
issue licenses under Chapters 1 and 2, respectively, of Title 4 of the
Code of Virginia. CH 68]

Approved March 17, 1954
Be it enacted by the General Assembly of Virginia:

1. That §§ 4-31 and 4-105 of the Code of Virginia be amended and
reenacted, as follows:

4-31. (a) The Board shall refuse to grant any license mentioned
in this chapter if it shall be of the opinion:

(1) That the applicant is not a suitable person to be so licensed ;

(2) That the place to be occupied by the applicant is not a suitable
place;

(3) That a sufficient number of licenses have already been issued; or

(4) That the license should 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 objec-
tions 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 county
or city, the qualified voters of which shall in accordance with the provi-
sions of § 4-45 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 permit,
subject to such regulations as it may from time to time adopt, alcoholic
beverages to be received into or distributed from places other than estab-
lished places of business.

(d-1) The Board shall not tssue any wholesale beer license or whole-
sale wine distributor’s license to any person who has not resided in the
State for at least one year immediately preceding application therefor, nor
to any corporation a majority of the stock of which is owned by persons
who have not resided in the State for at least one year immediately pre-
ceding application therefor. Nothing in the foregoing provision shall be
construed to affect the validity of any license heretofore issued to any
person, persons or corporation to do business in the State, nor to prohibit
issuance of a new license at any time hereafter to such person, persons
or corporations now licensed to do business in the State as a distributor
of beer or wine at wholesale, whether the new license be for the same
or a different or an additional establishment or establishments.

(d-2) The Board may in its discretion refuse to issue any retail wine
and beer license, retail beer license, or retail wine or winery license to
any person who has not resided in the State for at least one year imme-
diately preceding application therefor, or to any corporation a majority
of the stock of which is owned by persons who have not resided in the
State for at least one year immediately preceding application therefor,
unless refusal to issue the license would in the opinion of the Board sub-
stantially impair the transferability of the real property wpon which
would be situated the licensed establishment.

(d-3) The Board may in its discretion refuse a hearing on any
application for the issuance of any retail alcoholic beverage license,
including a banquet license, provided:

(1) Such license for the applicant has been refused or revoked
within a period of twelve months, or,

(2) Such license has been refused or revoked for any premises at
that location within a period of twelve months.

(e) The Board shall not issue any license until the license tax
required by § 4-33 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 chapter 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 chapter 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
dollars, upon a form approved by the Board, signed by the applicant or
licensee and a surety company authorized to do business in this Common-
wealth as surety, 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 the 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;
provided, that in lieu of furnishing a surety upon such bond, the applicant
or licensee may deposit with the Board as security for the performance
of the conditions of the bond, United States government bonds, Common-
earth of Virginia bonds, or the bonds of any municipality or county in
the e.

§ 4-105. (a) Grounds for refusal.—The Board shall refuse to grant
any license mentioned in this chapter if it shall be of the opinion:

(1) That the applicant is not a suitable person to be so licensed; or

(2) That the place to be occupied by the applicant is not a suitable
place; or

(3) That a sufficient number of licenses have already been issued; or

(4) That the license should not be issued.

(a-1) The Board shall not issue any wholesaler’s license to any
person who has not resided in the State for at least one year immediately
preceding application therefor, nor to any corporation a majority of
the stock of which is owned by persons who have not resided in the State
for at least one year immediately preceding application therefor. Noth-
ing in the foregoing provision shall be construed to affect the validity of
any license heretofore issued to any person, persons or corporation to do
business in the State, nor to prohibit issuance of a new license at any
tume hereafter to such person, persons or corporations now licensed to
do business in the State as a distributor of beer or wine at wholesale,
whether the new license be for the same or a different or an additional
establishment or establishments.

(a-2) The Board may in its discretion refuse to issue any retailer’s
license to any person who has not resided in the State for at least one
year immediately preceding application therefor, or to any corporation a
majority of the stock of which is owned by persons who have not resided
in the State for at least one year immediately preceding application
therefor, unless refusal to issue the license would in the opinion of the
Board substantially impair the transferability of the real property upon
which would be situated the licensed establishment.
(a-8) The Board may in its discretion refuse a hearing on any appli-
cation for the issuance of any application for the issuance of any
retailer’s license, provided:

(1) Such license for the applicant has been refused or revoked
within a period of twelve months, or

(2) Such license has been refused or revoked for any premises at
that location within a period of twelve months.

(b) To whom issued.—The Board shall issue licenses under this
chapter only to established places of business located in those territories
that have held or may hold local option elections, as provided for in § 4-45
and have voted or may vote against the sale of beer and wine containing
more than three and two-tenths per centum of alcohol by weight in such
territories.