CHAPTER 177

AN ACT to amend and reenact § 4-105, as amended, of the Code of Vir-
ginia, relating to the grounds for refusal of licenses to sell beverages
of not more than 3.2% alcohol and residence requirements for certain
licensees, to provide for a hearing by the Virginia Alcoholic Beverage
Control Board prior to refusal to grant certain licenses. —

[H 378]

Approved March 4, 1958

Be it enacted by the General Assembly of Virginia:

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

§4-105. (a) The Board may refuse to grant any license mentioned in
this chapter if it shall have reasonable cause to believe:

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

(a) Is not twenty-one years of age or older.

(b) Has been convicted of a felony under the laws of this State, or
of any state, or of the United States, or has been convicted of any crime
or offense involving moral turpitude.
(c) Has been convicted within the five years next preceding the date
of the application for such license, of a violation of any law applicable
to the manufacture, transportation, possession, use or sale of alcoholic
beverages, or has been convicted of a violation of this chapter.

(d) Is not a person of good moral character and repute.

(e) Is not the legitimate owner of the business proposed to be
licensed, or other persons have ownership interests in the business which
have not been disclosed.

(f) Is not possessed of or has not demonstrated financial respon-
sibility sufficient to meet adequately the requirements of the business pro-
posed to be licensed.

(g) Has maintained a noisy, lewd, disorderly or unsanitary estab-
lishment.

(h) Has demonstrated, either by his police record or by his record
as a former licensee of the Board, a lack of respect for law and order.

(i) Is unable to speak, understand, read, and write the English
language in a reasonably satisfactory manner.

(j) Is a person to whom beverages may not be sold under the pro-
visions of this chapter, or to whom alcoholic beverages may not be sold
under the provisions of the preceding chapter.

(k) Has the general reputation of drinking alcoholic beverages to
excess, or is addicted to the use of narcotics.

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

(m) Is violating or allowing the violation of any provision of this
chapter or of the preceding chapter in his establishment at the time his
application for a license is pending.

(n) Is a police officer with police authority in the political sub-
pesto within which the establishment designated in the application is
ocated.

(o) Is physically unable to carry on the business for which the ap-
plication for a license is filed or has been adjudicated incompetent.

(2) That the place to be occupied by the applicant:

(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-
eal established by the laws of this State or by the regulations of the

oard.

(b) Is so located that violations of this chapter, or of the rules and
regulations of the Board, or the laws of the Commonwealth or ordinances
of such county, city, or town relating to peace and good order would result
Se the issuance of such license and operation thereunder by the ap-
plicant.

(c) Is so situated with respect to any church, synagogue, hospital,
public, private or parochial school, college or university, public or private
playground or other similar recreational facities, or any State, local or
Federal government-operated facility, that the operation of such place
under such license will adversely affect or interfere with the normal,
orderly conduct of the affairs of such facilities or institutions.

(d) Is so situated with respect to any residence or residential area
that the operation of such place under such license will adversely affect
real property values or substantially interfere with the usual quietude
and tranquility of such residence or residental area.

(e) Under a retail on-premises license is so constructed, arranged, or
illuminated that law enforcement officers and duly authorized agents of
the Board are prevented from ready access to and reasonable observation
of the room or rooms within which beverages are to be sold or consumed.
For the purposes of this subsection (2) “place” shall mean the real
estate, together with any buildings or other improvements thereon de-
signated in the application for a license as the place at which the manu-
facture, bottling, distribution, use or sale of beverages shall be performed,
except that portion of any such building or other improvement actually
and exclusively used as a private residence as defined in §4-2.

(3) That the number of licenses existent in the locality is such that
the granting of a license is detrimental to the interest, morals, safety or
welfare of the public, and, in reaching a conclusion in this respect the
Board may consider the character of, the population of, the number of
similar licenses and the number of all licenses existent in the particular
county, city or town and the immediate neighborhood concerned, and
the effect which a new license may have on such county, city, town or
neighborhood in conformity with the purposes of this chapter.

(4) That there exists any law, ordinance, or regulation of the United
States, of this State or any political subdivision thereof, which warrants
refusal by the Board to issue any license.

(5) That the Board is not authorized and empowered under the pro-
visions of this chapter to issue such license.

(al) 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. 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.

(a2) 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 major-
ity 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 upon which
would be situated the licensed establishment.

(a3) The Board may in its discretion refuse a hearing on any ap-
plication 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) The Board shall issue licenses under this chapter only to * estab-
lished 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.

(c) The Board shall not refuse to grant any licenses which may be
issued under authority of this chapter 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