Be it enacted by the General Assembly of Virginia: 1. That § 4.1-124 of the Code of Virginia is amended and reenacted as follows: § 4.1-124. Referendum on the sale of mixed beverages. A. The provisions of this title relating to the sale of mixed
beverages shall not become effective in any town, county, or supervisor's
election district of a county until a majority of the voters voting in a
referendum vote affirmatively on the question of whether mixed alcoholic
beverages should be sold by restaurants licensed under this title. The
qualified voters of a town, county, or supervisor's election district of a
county may file a petition with the circuit court of the county asking that a
referendum be held on the question of whether the sale of mixed beverages by
restaurants licensed by the Board should be permitted within that jurisdiction.
The petition shall be signed by qualified voters equal in number to at least Petition requirements for any county shall be based on the
number of registered voters in the county, The clerk of the circuit court of the county shall publish notice of the referendum in a newspaper of general circulation in the town, county, or supervisor's election district once a week for three consecutive weeks prior to the referendum. The question on the ballot shall be: "Shall the sale of mixed alcoholic beverages by restaurants licensed by the Alcoholic Beverage Control Board be permitted in .......... (name of town, county, or supervisor's election district of county)?" The referendum shall be ordered and held and the results
certified as provided in Article 5 (§ 24.2-681 et seq.) of Chapter 6 of Title
24.2. Thereupon the court shall enter of record an order certified by the clerk
of the court to be transmitted to the Board and to the governing body of the
town or county. Mixed beverages permitted to be sold by such referendum may in
accordance with this title be sold by restaurants licensed by the Board within
the town, county, or supervisor's election district of a county on or after The provisions of this section shall be applicable to towns
having a population in excess of 1,000 to the same extent and subject to the
same conditions and limitations as are otherwise applicable to counties under
this section. Such towns shall be treated as separate local option units, and
only residents of any such town shall
B. Once a referendum has been held, no other referendum on the
same question shall be held in the town, county, or supervisor's election
district of a county for a period of C. Notwithstanding the provisions of subsection A, the sale of mixed beverages shall be allowed on property dedicated for industrial or commercial development and controlled through the provision of public utilities and covenanting of the land by any multijurisdictional industrial development authority, as set forth under Chapter 49 (§ 15.2-4900 et seq.) of Title 15.2, provided that (i) such authority operates under a partnership agreement between three or more counties, cities, or towns and such jurisdictions participate administratively and financially in the authority and (ii) the sale of mixed beverages is permitted in one of the member counties, cities, towns, or a supervisor's election district of one of the counties and that the governing board of the authority authorizes an establishment located within the confines of such property to apply to the Board for such license. The appropriate license fees shall be paid for this privilege. D. Notwithstanding the provisions of subsection A of this section and subsection C of § 4.1-122, the sale of mixed beverages by licensees, and the sale of alcoholic beverages other than beer and wine not produced by farm wineries by the Board, shall be allowed in any city in the Commonwealth. E. Notwithstanding the provisions of subsection A, the Board may grant a mixed beverage restaurant license to a restaurant located on the premises of and operated by a private club exclusively for its members and their guests, subject to the qualifications and restrictions on the issuance of such license imposed by § 4.1-210. However, no license authorized by this subsection shall be granted if the private club restricts its membership on the basis of race, color, creed, national origin or sex. |