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Alcoholic Beverage Control Act

Passed

P HB248

ABC; special events. Makes it a Class 3 misdemeanor to knowingly make false statements to secure a banquet or special events wine and beer or a mixed beverage special events license or to alter, change, borrow, or lend or attempt to use, borrow or lend such a license.
Patron - Sears

P HB249

ABC; prohibited acts. Prohibits the consumption of alcoholic beverages by employees or agents of a wine or beer licensee while on duty and in a position that is involved in the selling or serving of alcoholic beverages to customers. The bill provides certain exceptions to this rule.
Patron - Sears

P HB437

Alcoholic beverage control; stadium licenses. Allows for the sale of wine and beer during any event, or immediately subsequent thereto, held at such facilities. Currently, stadium licensees are permitted to sell wine and beer during the performance of any professional sporting exhibition, event or performance, or immediately subsequent thereto.
Patron - Woodrum

P HB786

Alcoholic beverage control; refusal to grant license. Expands the types of information that the Board must consider in deciding whether to issue an ABC license to include objections filed by local residents.
Patron - Jones, D.C.

P HB1193

Underage purchasing or possessing alcoholic beverages; fake identification; penalty. Provides that when any person who has not previously been convicted of underaged possession of alcoholic beverages in Virginia or any other state is so convicted, the court may, if the facts found by the court would justify a finding of guilt of underage possession of alcohol, without entering a judgment of guilt and with the consent of the accused, defer further proceedings and place him on probation subject to appropriate conditions that may include the imposition of driver's license suspension and restricted license. The bill provides further that in all such cases, the court shall require the accused to enter a treatment or education program or both, if available, that in the opinion of the court best suits the needs of the accused. Upon violation of a condition, the court may enter an adjudication of guilt and proceed as otherwise provided.
Patron - Almand

P HB1365

Alcoholic beverage control; grounds for suspension or revocation of licenses. Allows the ABC Board to suspend or revoke a license where it has reason to believe that a licensee, his employees, or any entertainer performing on the licensed premises has been convicted of a violation of a local public nudity ordinance for conduct occurring on the licensed premises and the licensee allowed such conduct to occur.
Patron - Jones, D.C.

Failed

F HB783

ABC; ownership change. Requires a licensee, when the majority of the corporate stock of a retail licensee is sold to a new entity or there is a change of business at the premises of the licensee, to comply with all of the posting, public comment and other provisions for an application for licensure.
Patron - Jones, D.C.

F HB784

ABC; refusal to grant license. Requires the Board of Alcoholic Beverage Control to establish limits on the number and type of licensed establishments that may be located in a given area.
Patron - Jones, D.C.

F HB785

ABC; sale of singles. Allows localities by ordinance to regulate the sale of single units of alcoholic beverages purchased for consumption off-premises.
Patron - Jones, D.C.

F HB799

Alcoholic Beverage Control Board; regulations. Provides that no regulation of the ABC Board shall limit the number of times in a calendar year that a club licensee rents or donates its licensed premises to nonmembers who would otherwise qualify for a banquet or banquet special events license to use the club premises where the privileges of the club license are exercised.
Patron - Bolvin

F HB1074

ABC Board; hearings. Provides that the ABC Board may select, as it deems necessary, hearing officers from the list maintained by the Executive Secretary of the Supreme Court to expedite its workload.
Patron - Jones, J.C.

F HB1076

Alcoholic beverage control; summary suspension of licenses. Authorizes the ABC Board to summarily suspend any license other than a brewery license, in which case the Board may impose penalties as provided in § 4.1-227 without a hearing simultaneously with the institution of proceedings for a hearing if it finds that there is a substantial danger to the public health or safety that warrants this action. Institution of proceedings for a hearing shall be provided simultaneously with the summary suspension. The hearing shall be scheduled within a reasonable time of the date of the summary suspension, not to exceed 96 hours. This power is similar to that enjoyed by regulatory boards at the Department of Health Professions.
Patron - Jones, J.C.

F HB1145

Alcoholic beverage control; limitation on certain retail licensees. Provides that any person holding a retail license to operate a food concession at outdoor facilities, stadia, or other like facilities whose licensed premises are located in any county with a population between 210,000 and 216,000 (Prince William) who negligently or recklessly serves alcoholic beverages to a minor or an intoxicated individual shall be liable for damages proximately caused by that minor's or intoxicated individual's consumption of the alcoholic beverages.
Patron - Marshall, R.G.

F HB1146

Alcoholic beverage control; limitation on certain retail licensees. Provides that no alcoholic beverages may continue to be sold or served by any person holding a retail license to operate a food concession at outdoor facilities, stadia, or other like facilities whose licensed premises are located in any county with a population between 210,000 and 216,000 (Prince William) when, at any one event conducted at the licensed premises, attendance exceeds 10,000 persons or when persons arrested exceeds 500.
Patron - Marshall, R.G.

F HB1147

Alcoholic beverage control; limitation on certain retail licensees. Provides that any person holding a retail license to operate a food concession at outdoor facilities, stadia, or other like facilities whose licensed premises are located in any county with a population between 210,000 and 216,000 (Prince William) shall contribute annually to the special fund created pursuant to § 33.1-75.1 in an amount as determined by the district administrator for the Virginia Department of Transportation Northern Virginia Highway Construction District to compensate the Commonwealth for highway improvements, including grade separations, additional, turning or storage lanes, and traffic signals, undertaken by or through the Virginia Department of Transportation necessitated by damage to the roads serving such facility in the operation of the licensed premises. The bill provides that failure by the licensee to make the required contribution shall constitute grounds for which the Board may suspend or revoke his license.
Patron - Marshall, R.G.

F HB1148

Alcoholic beverage control; limitation on certain retail licensees. Provides that any person holding a retail license to operate a food concession at outdoor facilities, stadia, or other like facilities whose licensed premises are located in any county with a population between 210,000 and 216,000 (Prince William) shall file annually with the Board a report listing the number and types of arrests, injuries or deaths occurring at the licensed premises on a per event basis. Failure to file the report required by this bill shall constitute grounds for which the Board may suspend or revoke such license.
Patron - Marshall, R.G.

F HB1149

Alcoholic beverage control; limitation on certain retail licensees. Provides that upon receiving an application for the renewal of a license granted to any person holding a retail license to operate a food concession at outdoor facilities, stadia, or other like facility located in any county with a population between 210,000 and 216,000 (Prince William), the ABC Board shall require that such applicant comply with posting and publication requirements for an ABC license. The bill provides that the ABC Board shall require a public hearing to be conducted in the county where the licensed premises are located and that no license renewal shall be granted until these requirements are met.
Patron - Marshall, R.G.

F HB1155

Alcoholic beverage control; limitation on certain retail licensees. Provides that the ABC Board shall suspend the license of any person holding a retail license to operate a food concession at outdoor facilities, stadia, or other like facilities whose licensed premises are located in any county with a population between 210,000 and 216,000 (Prince William) when, during the immediately preceding licensing year, more than 500 arrests have been made at the licensed premises or on property adjacent thereto. Such suspension shall be effective for one calendar year from the date of the suspension. The bill provides that after the period of the suspension has ended, the licensee may apply to the Board for renewal of such license. Upon receiving an application for the renewal of the license, the Board shall require that the applicant comply with the provisions relating to issuance of an initial license and shall require a public hearing to be conducted in the county where the licensed premises are located. No license renewal shall be granted until the provisions of this subsection have been met.
Patron - Marshall, R.G.

F HB1156

Alcoholic Beverage Control Board; investigation of nuisances. Requires the ABC Board to investigate all complaints of alleged violations of any nuisance law or ordinance reported to the Board.
Patron - Marshall, R.G.

F HB1216

Alcoholic beverage control; powers of ABC Board. Authorizes the ABC Board to buy and sell tobacco products and to lease any portion of a building to a tobacco company to facilitate sales of tobacco products.
Patron - Albo

F SB671

ABC; tied house. Provides an exception to the tied house law to permit a concert amphitheater to receive corporate sponsorship from breweries, wineries, and distillers for concert and concert seasons as long as the sponsoring brewery, winery or distiller does not require that the products of competing breweries, wineries, or distilleries be excluded from being sold at the concert amphitheater. Current law already allows exceptions to be made by statute or Board regulation.
Patron - Wagner

Carried Over

C HB57

Possession of open container of alcohol in a motor vehicle; penalty. Provides that no person shall possess an alcoholic beverage in the passenger area of a motor vehicle upon a public highway of the Commonwealth in other than the manufacturer's unopened, original container. The bill punishes violation with a civil penalty of $25.
Patron - Purkey

C HB1267

Alcoholic beverage control; privatization of ABC stores. Provides for the issuance of a "package store" license to authorize the retail sale of alcoholic beverages for off-premises consumption. The bill also requires ABC stores to sell at auction all real estate used as ABC stores, and to terminate such leases. The bill has a delayed effective date of January 1, 2004.
Patron - Louderback


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