Bill Text: VA HB1905 | 2019 | Regular Session | Chaptered
Bill Title: Alcoholic beverage control; mixed beverage referendum, exception.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-02-27 - Governor: Acts of Assembly Chapter text (CHAP0175) [HB1905 Detail]
Download: Virginia-2019-HB1905-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §4.1-126 of the Code of Virginia is amended and reenacted as follows:
§4.1-126. Licenses for establishments in national forests, certain adjoining lands, on the Blue Ridge Parkway, and certain other properties.
A. Notwithstanding the provisions of §4.1-124, mixed beverage
licenses may be granted to establishments located (i) on property owned by the
federal government in Jefferson National Forest, George Washington National
Forest or the Blue Ridge Parkway; (ii) at altitudes of 3,800 feet or more above
sea level on property adjoining the Jefferson National Forest; (iii) at an
altitude of 2,800 feet or more above sea level on property adjoining the Blue
Ridge Parkway at Mile Marker No. 189; (iv) on property within one-quarter mile
of Mile Marker No. 174 on the Blue Ridge Parkway; (v) on property developed by
a nonprofit economic development company or an industrial development
authority; (vi) on old Jonesboro Road between Routes 823 and 654, located
approximately 5,500 feet from the City of Bristol; (vii) on property developed
as a motor sports road racing club, of which the track surface is 3.27 miles in
length, on 1,200 acres of rural property bordering the Dan River in Halifax
County, with such license applying to any area of the property deemed appropriate
by the Board; (viii) at an altitude of 2,645 feet or more above sea level on
land containing at least 750 acres used for recreational purposes and located
within two and one-half miles of the Blue Ridge Parkway; (ix) on property
fronting U.S. Route 11, with portions fronting Route 659, adjoining the City of
Bristol and located approximately 2,700 feet north of mile marker 7.7 on
Interstate 81; (x) on property bounded on the north by U.S. Route 11 and to the
south by Interstate 81, and located between mile markers 8.1 and 8.5 of
Interstate 81; (xi) on property consisting of at least 10,000 acres and
operated as a resort located in any county with a population between 19,200 and
19,500; (xii) on property located as of December 1, 2012, within the Montgomery
County Route 177 Urban Development Area, which area is adjacent to Exit 109 on
Interstate 81; (xiii) on property fronting Route 603, with portions fronting on
Interstate 81, located approximately 1,100 feet from the intersection of Route
603 and Interstate 81 at Exit 128; (xiv) on property located south of and
within 1,400 feet of Interstate 81 between mile markers 38.8 and 39.5; (xv) on
property bounded on the north by Interstate 81, on the west and south by State
Route 691, and on the east by State Route 689; (xvi) on property located south
of and within 1,500 feet of Interstate 81 between mile markers 44 and 44.4;
(xvii) on property within 3,000 feet of Interstate 81 on either frontage road
between mile markers 75 and 86 in the County of Wythe; (xviii) on property
within the boundary of any town incorporated in 1875 located adjacent to the
intersection of Interstate 81 and Route 91; (xix) on property adjacent to the
intersection of U.S. Route 220 North and State Route 57, operated as a country
club as of December 31, 1926, in Henry County; (xx) on property adjacent to
Lake Lanier, operated as a country club as of December 31, 1932, in Henry
County; (xxi) on property fronting Old Jonesboro Road between Routes 823 and
808, located approximately 4,500 feet south of Interstate 81, and operated as a
country club; (xxii) on property located west of Route 58 and approximately
3,000 feet north of Interstate 81; (xxiii) on property fronting U.S. Route 11
and 1,300 feet north of Interstate 81; (xxiv) on property located within 1,500
feet of Exit 26 on Interstate 81; (xxv) on property within the boundary of any
town incorporated in 1911 located adjacent to the intersection of Route 63 and
Route 58 Alternate; (xxvi) on property within the boundary of any town incorporated
in 1894 consisting of 1.9 square miles and, prior to the town's incorporation,
known as Guest Station; (xxvii) on property fronting Kanawha Ridge Road,
located within approximately 700 feet of Route 638, and operated as a resort in
Carroll County as of December 31, 2007; (xxviii) on property located 2,135 feet
north of the intersection of State Routes 1223 and 661; (xxix) on property
located on State Route 685 approximately 1,128 feet west of the intersection of
State Routes 652 and 685; (xxx) on property located on State Route 685
approximately 1,600 feet east of the intersection of State Routes 652 and 685;
and (xxxi) on property located adjacent to State Route 697 and operated as
a country club in the Powell Valley section of Wise County; (xxxii) on
property fronting Doe Creek Farm Road, located approximately 1,310 feet
southeast of the intersection of State Route 613 and Doe Creek Farm Road, and
listed on the National Register of Historic Places; (xxxiii) on property
adjacent to the southeast side of the intersection of Route 58 Alternate and
Skaggs Hill Road within the boundary of any town incorporated in 1891; (xxxiv)
on property along River Bend Drive and 805 feet directly north of Route 58
Alternate within the boundary of any town incorporated in 1891; and (xxxv) on
property fronting the north side of Mullins Avenue to the west of the
intersection of Mullins Avenue and Chase Street and located in a town
incorporated in 1884.
B. In granting any license under clauses (iii) and (iv) of subsection A, the Board shall consider whether the (i) voters of the jurisdiction in which the establishment is located have voted by referendum under the provisions of §4.1-124 to prohibit the sale of mixed beverages and (ii) granting of a license will give that establishment an unfair business advantage over other establishments in the same jurisdiction. If an unfair business advantage will result, then no license shall be granted.