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1997 SESSION

961710180
HOUSE BILL NO. 1338
Offered January 22, 1996
A BILL to amend and reenact § 4.1-103 of the Code of Virginia, relating to alcoholic beverage control; powers of the Board.
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Patrons-- Croshaw and Robinson; Senator: Lucas
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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 § 4.1-103 of the Code of Virginia is amended and reenacted as follows:

§ 4.1-103. General powers of Board.

The Board shall have the power to:

1. Buy, import and sell alcoholic beverages other than beer and wine not produced by farm wineries, the procurement of which is exempt from Chapter 7 (§ 11-35 et seq.) of Title 11, and to have alcoholic beverages other than beer and wine not produced by farm wineries in its possession for sale;

2. Control the possession, sale, transportation and delivery of alcoholic beverages;

3. Determine, subject to § 4.1-121, the localities within which government stores shall be established or operated and the location of such stores;

4. Maintain warehouses for alcoholic beverages and control the storage and delivery of alcoholic beverages to and from such warehouses, including the establishment of agreements for the delivery of alcoholic beverages from such warehouses to mixed beverage licensees;

5. Lease, occupy and improve any land or building required for the purposes of this title;

6. Purchase or otherwise acquire title to any land or building required for the purposes of this title and sell and convey the same by proper deed, with the consent of the Governor;

7. Purchase, lease or acquire the use of, by any manner, any plant or equipment which may be considered necessary or useful in carrying into effect the purposes of this title, including rectifying, blending and processing plants. The Board may purchase, build, lease, and operate distilleries and manufacture alcoholic beverages;

8. Determine the nature, form and capacity of all containers used for holding alcoholic beverages to be kept or sold under this title, and prescribe the form and content of all labels and seals to be placed thereon;

9. Appoint every agent and employee required for its operations; require any or all of them to give bonds payable to the Commonwealth in such penalty as shall be fixed by the Board; and engage the services of experts and professionals;

10. Hold and conduct hearings; issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers and other documents before the Board or any agent of the Board; and administer oaths and take testimony thereunder. The Board may authorize any Board member or agent of the Board to hold and conduct hearings, issue subpoenas, administer oaths and take testimony thereunder, and make summary decisions, subject to final decision by the Board, on application of any party aggrieved;

11. Make a reasonable charge for preparing and furnishing statistical information and compilations to persons other than (i) officials, including court and police officials, of the Commonwealth and of its subdivisions if the information requested is for official use and (ii) persons who have a personal or legal interest in obtaining the information requested if such information is not to be used for commercial or trade purposes;

12. Promulgate regulations in accordance with the Administrative Process Act (§ 9-6.14:1 et seq.) and § 4.1-111 of this chapter;

13. Grant, suspend, and revoke licenses for the manufacture, bottling, distribution, importation, and sale of alcoholic beverages;

14. Assess and collect civil penalties and civil charges for violations of this title and Board regulations;

15. Maintain actions to enjoin common nuisances as defined in § 4.1-317;

16. Establish minimum food sale requirements for all retail licensees; and

17. Do all acts necessary or advisable to carry out the purposes of this title.