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2011 SESSION
11102783DBe 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 ten 10
percent of the number registered in the town, county, or
supervisor's election district on January 1 preceding its filing or at least
100 qualified voters, whichever is greater.
Petition requirements for any county shall be based on the
number of registered voters in the county, exclusive of including the number of registered voters in any town having a population
in excess of 1,000 located within such county. Upon the filing of a
petition, and under no other circumstances, the court shall order the election
officials of the county to conduct a referendum on the question.
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 thirty 30 days following the entry of the order if a majority of
the voters voting in the referendum have voted "Yes."
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 not be
eligible to vote in any referendum held pursuant to this section for any county in which the such town is located. Residents of towns having a population in excess of 1,000, however, shall also be eligible to vote in any referendum
held pursuant to this section for any county in which the town is located.
However, the The provisions
of this section shall not require any town created as a result of a
city-to-town reversion pursuant to Chapter 41 (§ 15.2-4100 et seq.) of Title
15.2 to hold a referendum on the same question if a majority of the voters
voting in the former city had previously approved the sale of mixed beverages
by restaurants licensed by the Board in such city.
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 twenty-three 23 months.
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.