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2016 SESSION

16100645D
HOUSE BILL NO. 322
Offered January 13, 2016
Prefiled January 5, 2016
A BILL to amend the Code of Virginia by adding a section numbered 4.1-225.1, relating to alcoholic beverage control; summary suspension of license in emergency circumstances.
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Patron-- Knight
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Referred to Committee on General Laws
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 4.1-225.1 as follows:

§ 4.1-225.1. Summary suspension in emergency circumstances; grounds; notice and hearing.

A. Notwithstanding any provisions to the contrary in Article 3 (§ 2.2-4018 et seq.) of the Administrative Process Act or §§ 4.1-227 or 4.1-229, the Board may summarily suspend any license or permit if it has reasonable cause to believe that an act of violence resulting in death or serious bodily injury, or a recurrence of such acts, has occurred on (i) the licensed premises, (ii) any premises immediately adjacent to the licensed premises that are owned or leased by the licensee, or (iii) any portion of public property immediately adjacent to the licensed premises and that emergency action is necessary to protect the health, safety, or welfare of the public.

B. Prior to issuing an order of suspension pursuant to this section, special agents of the Board shall conduct an initial investigation within 48 hours of any reported incident and submit all findings to the Chief Operating Officer. If the Board determines suspension is warranted, it shall notify the licensee of its intention to temporarily suspend his license pending a formal investigation. Such temporary suspensions shall remain effective for a minimum of 48 hours, after which the licensee may petition the Board for a restricted license pending the results of the formal investigation and proceedings for disciplinary review. If the Board determines that a restricted license is warranted, the Chief Operating Officer shall have discretion to impose appropriate restrictions based on the facts presented.

C. Upon a determination to temporarily suspend a license pursuant to this section, the Board shall immediately commence a formal investigation. All findings from the formal investigation shall be reported to the Chief Operating Officer within 15 days of the reported incident. Following the formal investigation, a hearing shall be held and a decision rendered within 30 days of the reported incident. If a decision is not rendered within 30 days, the order of suspension shall be vacated and the license reinstated. If the licensee appeals the decision made after the hearing, the Board shall hear such appeal within 30 days of the issuance of the initial decision.

D. Service of any order of suspension issued pursuant to this section shall be made by a special agent of the Board in person and by certified mail to the licensee. The order of suspension shall take effect immediately upon service.