CHAPTER 522

An Act to amend and reenact § 4-114 of the Code of Virginia, relating to
the suspension and revocation of licenses by the Virginia Alcoholic
Beverage Control Board, to manufacture, bottle, distribute, transport,
use and sell beverages containing not more than three and two-tenths
per centum of alcohol by weight, so as to provide certain standards or
grounds upon which the Board may suspend or revoke such licenses
under certain circumstances.

[S 287]

Approved March 30, 1956

Be it enacted by the General Assembly of Virginia:

r, That § 4-114 of the Code of Virginia be amended and reenacted as
ollows:

§ 4-114. (a) The Board * may suspend or revoke any licenses tssued
by it if it has reasonable cause to believe:

(1) That the licensee, or if the licensee is a partnership or association,
any partner or member thereof, or if the licensee is a corporation, any of-
ficer, director, or manager thereof or shareholder owning ten per centum
or more of its capital stock:

(a) Has misrepresented a material fact in applying to the Board for
such license.

(b) Within the five years next preceding the date of the hearing, has
been convicted of the violation of any law, ordinance, or regulation of this
state, or of any other state, or of the United States of America, or of any
county, city, or town in this state, applicable to the manufacture, trans-
portation, possession, use, or sale of alcoholic beverages, or beverages, or
has violated or failed or refused to comply with any regulation, rule, or
order of the Board, or has failed or refused to comply with any of the
conditions or restrictions of the license issued by the Board.

(c) Has been convicted of a felony or of any crime or offense involving
moral turpitude in any court.

(d) Is not the legitimate owner of the business conducted under. the
license issued by the Board, or other persons have ownership interests in
the business which have not been disclosed.

(e) Has become insolvent or cannot demonstrate financial responsi-
bility sufficient to meet adequately the requirements of the business con-
ducted under license issued by the Board.

(f) Has been intoxicated, as defined in the preceding chapter, or under
the influence of some self-administered drug, while in the establishment
operated under such license.

(9) Has allowed noisy, lewd, or disorderly conduct in the licensed es-
tablishment, or has maintained such establishment in an unsanitary condt-
tion, or allowed such establishment to become a meeting place or ren-
dezvous for persons of ill repute, or has allowed any form of gambling to
take place in such establishment.

(h) Knowingly, employs in the business conducted under such license,
as agent, servant, or employee, any person who has been convicted of a
felony or of any crime or offense involving moral turpitude in any court, or
who has violated the laws of any state, or of the United States of America,
CHS. 522, 523] ACTS OF ASSEMBLY 753

applicable to the manufacture, transportation, possession, use or sale of
alcoholic beverages or beverages.

(Y) Has demonstrated by his police record subsequent to the issuance
of his original license a lack of respect for law and order. .

(j) Has allowed any person whom he knew or had reason to believe
was intoxicated to loiter in such licensed establishment.

(k) Has allowed any person to consume in the licensed establishment
any alcoholic beverages or beverages except as provided under this chapter.

_ (Is physically unable to carry on the business conducted under such
license or has been adjudicated incompetent.

(2) That the place occupied by the licensee:

(a) Does not conform to the requirements of the governing body of
the county, city, or town, in which such place is located with respect to
sanitation, health, construction, or equipment, or to any similar require-
wants established by the laws of this State or by the regulations of the

‘oard.

(b) Has been adjudicated a common nuisance under the provisions of
the preceding chapter. .

(c) Has become a meeting place or rendezvous for users of narcotics,
drunks, homosexuals, prostitutes, pimps, panderers, gamblers, or habitual
law violators. The Board may consider the general reputation in the com-
munity of such place in addition to any other competent evidence in making
such determination. ;

For the purposes of this subsection (2) “place” shall mean the real
estate, together with any buildings or other improvements thereon, desig-
nated in the application for a license as the place at which the manufacture,
bottling, distribution, use or sale of beverages shall be performed, except
that portion of any such building or other improvement actually and ex-
clusively used as a private residence as defined in § 4-2. .

(3) That any cause exists for which the Board would have been entitled
to refuse to issue such license had the facts been known; and the Board may
likewise suspend or revoke any license for any other cause designated by
this chapter.

(b) The Board shall prescribe by regulations, which it may from time
to time alter, amend or repeal, between what hours and on what days
beverages shall not be sold, or allowed to be consumed upon the premises
of any licensed establishment, by persons licensed under the provisions of
this chapter.