dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 2.2 (Virginia Petroleum Products Franchise Act)
§ 59.1-21.15. Disclosures to be made by refiner before conclusion of agreement.
A refiner shall disclose to any prospective dealer the following information, before any franchise agreement is concluded:

1. The gallonage volume history, if any, of the location under negotiation for and during the three-year period immediately past or for the entire period which the location has been supplied by the refiner, whichever is shorter.

2. The name and last known address of the previous dealer or dealers for the last three years, or for and during the entire period which the location has been supplied by the refiner, whichever is shorter.

3. Any legally binding commitments for the sale, demolition, or other disposition of the location.

4. The training programs, if any, and the specific goods and services the refiner will provide for and to the dealer.

5. Full disclosure of any and all obligations which will be required of the dealer.

6. Full disclosure of all restrictions on the sale, transfer, and termination of the agreement.

1973, c. 423; 1979, c. 306; 1990, c. 907.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 2.2 (Virginia Petroleum Products Franchise Act)
§ 59.1-21.15:1. Continued rights of dealers upon sale or assignment of franchise agreement.
Any franchise between a dealer and a refiner located in Planning District 8 in effect on or after January 1, 2008, which franchise is sold or assigned to a third party shall require such acquiring third party, and its successors, assigns, affiliates and subsidiaries, to comply with, provide, grant, and make available to the dealer and to any successor of the dealer any and all rights, privileges, or protections provided for in this chapter and required of or enforceable against the assigning refiner-franchisor except for such sale or assignment. With respect to the requirements of § 59.1-21.16:2, the one and one-half mile restriction shall only apply to a franchise location which is sold or assigned on or after January 1, 2008.

2008, c. 837.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 2.2 (Virginia Petroleum Products Franchise Act)
§ 59.1-21.16. Authority of Attorney General under § 59.1-68.2 not limited.
Nothing in this chapter shall be construed as limiting the authority of the Attorney General under the provisions of § 59.1-68.2.

1973, c. 423.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 2.2 (Virginia Petroleum Products Franchise Act)
§ 59.1-21.16:1. Expired.
Expired.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 2.2 (Virginia Petroleum Products Franchise Act)
§ 59.1-21.16:2. Operation of retail outlet by refiner; apportionment of fuels during periods of shortage; rules and regulations.
A. After July 1, 1979, no refiner of petroleum products shall operate any major brand, secondary brand, or unbranded retail outlet in the Commonwealth of Virginia with company personnel, a parent company, or under a contract with any person, firm, or corporation, managing a service station on a fee arrangement with the refiner; however, such refiner may operate such retail outlet with the aforesaid personnel, parent, person, firm, or corporation if such outlet is located not less than one and one-half miles from the nearest retail outlet operated by any dealer or jobber/distributor, as measured by the most direct surface transportation route from the gas pump at the refiner's facility that is nearest a gas pump at the dealer's or jobber/distributor's facility; and provided, that once in operation, no refiner shall be required to change or cease operation of any retail outlet by the provisions of this section.

During the period July 1, 1990, through June 30, 1991, no refiner may construct and operate with company personnel as defined in this section any new major brand, secondary brand, or unbranded retail outlet in the Commonwealth of Virginia, except on any property purchased or under option to purchase by March 1, 1990.

B. Every refiner of petroleum products shall apportion all gasoline and diesel fuel among their purchasers during periods of shortages on an equitable basis.

C. No new lease, lease renewal, new supply contract, or new supply contract renewal under this chapter shall impose purchase or sales quotas.

D. The provisions of this section shall not be applicable to retail outlets operated by producers or refiners on July 1, 1979.

1979, c. 306; 1984, c. 720; 1990, c. 907; 1995, c. 664; 2003, c. 410; 2012, c. 351.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 2.2 (Virginia Petroleum Products Franchise Act)
§ 59.1-21.17. Effective date of chapter.
The provisions of this chapter shall be applicable to franchise agreements entered into on and after July 1, 1973.

1973, c. 423.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 2.2 (Virginia Petroleum Products Franchise Act)
§ 59.1-21.18. Repealed.
Repealed by Acts 2015, c. 709, cl. 2.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 2.2 (Virginia Petroleum Products Franchise Act)
§ 59.1-21.18:1. Exclusions.
Franchise agreements subject to the provisions of this chapter shall not be subject to any requirement contained within Chapter 8 (§ 13.1-557 et seq.) of Title 13.1.

1978, c. 670.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 2.2 (Virginia Petroleum Products Franchise Act)
§ 59.1-21.8. Short title.
This chapter may be cited as the "Virginia Petroleum Products Franchise Act."

1973, c. 423.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 2.2 (Virginia Petroleum Products Franchise Act)
§ 59.1-21.9. Findings of General Assembly.
The General Assembly finds and declares that since the distribution and sales through franchise arrangements of petroleum products in the Commonwealth of Virginia vitally affect the economy of the Commonwealth, the public interest, welfare, and transportation, and since the preservation of the rights, responsibilities, and independence of the small businesses in the Commonwealth is essential to economic vitality, it is necessary to define the relationships and responsibilities of the parties to certain agreements pertaining thereto. Consistent with these findings and declarations, the provisions of § 59.1-21.15:2, which do not relate to the termination or nonrenewal of petroleum franchises governed by federal law, advance the interests of the Commonwealth, and its citizens, by facilitating the purchase of retail service stations by their occupying lessee-franchisees, thereby insuring the motoring public greater access to service stations and petroleum products and furthering a more dynamic and full-service-oriented retail marketplace, while also considering the interests of the franchisor and, if applicable, the property owner, with regard to such service station premises.

1973, c. 423; 1990, c. 907; 2014, c. 222.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 2.2:1 (EMERGENCY PETROLEUM PRODUCTS SUPPLY ACT)
§ 59.1-21.18:2. Definitions.
As used in this chapter, unless the context requires otherwise, the following terms and phrases shall have the following meanings:

1. "Petroleum products" shall mean kerosene and number one and two heating oils;

2. "Supplier" shall mean any person, partnership, company, corporation or association engaged in the refining and subsequent sale of petroleum products to any distributor in the Commonwealth;

3. "Distributor" shall mean any distributor, wholesaler, jobber, consignee or commission agent who purchases or otherwise acquires possession of or an interest in petroleum products under a contract of supply in the Commonwealth from a supplier for redistribution or wholesale sale;

4. "Monthly allocation" shall mean the monthly amount of petroleum products sold or otherwise supplied to a distributor under applicable U.S. Department of Energy regulations and rules, or which the supplier may otherwise be allocating to its distributors;

5. "To discontinue" shall mean the failure or refusal to sell a monthly allocation as defined herein to a distributor for a period of six consecutive months unless such failure or refusal is the direct and proximate result of force majeure;

6. "To reduce" shall mean the failure or refusal of a supplier to deliver at least seventy-five per centum of a monthly allocation to a distributor for a period of two consecutive months unless such failure or refusal is the direct and proximate result of an allocation percentage factor applied by the supplier to all its distributors or force majeure;

7. "Force majeure" means an act of God or any other cause not reasonably within the control of the supplier.

1980, c. 457.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 2.2:1 (EMERGENCY PETROLEUM PRODUCTS SUPPLY ACT)
§ 59.1-21.18:3. Prohibited acts.
Except in the event of failure by any distributor in the Commonwealth to comply with the material requirements imposed upon him by a contract or agreement with the supplier, other than a failure caused by force majeure; or except as may be required by an agency of the federal or state government responsible for regulating allocations of petroleum products; or except as provided in § 59.1-21.18:4, it shall be unlawful for any supplier:

1. To discontinue monthly allocations of petroleum products to a distributor, his successors in interest or qualified assigns provided that such successors in interest or qualified assigns meet the supplier's usual contract acceptance criteria; or

2. To reduce monthly allocations of petroleum products to a Virginia distributor, his successors in interest or qualified assigns provided that such successors in interest or qualified assigns meet the supplier's usual contract acceptance criteria.

1980, c. 457.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 2.2:1 (EMERGENCY PETROLEUM PRODUCTS SUPPLY ACT)
§ 59.1-21.18:4. Exemptions under chapter.
A supplier shall be authorized to reduce or discontinue monthly allocations of petroleum products with any Virginia distributor if the supplier:

1. Furnishes the distributor with an alternative source of monthly allocations of petroleum products of equal type, grade, quantity and equivalent delivery location; or

2. Agrees to supply the distributor with monthly allocations of petroleum products for a period of twelve months and furnishes the distributor and the Governor of the Commonwealth with written notice of its intention to discontinue or reduce such allocations at least twelve months in advance of such discontinuance or reduction.

1980, c. 457.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 2.3 (EQUAL CREDIT OPPORTUNITY ACT [Repealed])
§ 59.1-21.19. Repealed.
Repealed by Acts 2010, c. 794, cl. 11, effective October 1, 2010.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 20 (VIRGINIA MOTION PICTURE FAIR COMPETITION ACT)
§ 59.1-255. Short title.
This chapter may be known and cited as the "Virginia Motion Picture Fair Competition Act."

1978, c. 764.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 20 (VIRGINIA MOTION PICTURE FAIR COMPETITION ACT)
§ 59.1-256. Purpose of chapter.
The purpose of this chapter is to establish fair and open procedures for the bidding and negotiation for the right to exhibit motion pictures within the Commonwealth in order to prevent unfair and deceptive acts or practices and unreasonable restraints of trade in the business of motion picture distribution within the Commonwealth, to promote fair and effective competition in that business, and to ensure that exhibitors have the opportunity to view a motion picture and know its contents before committing themselves to exhibiting it in their communities.

1978, c. 764.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 20 (VIRGINIA MOTION PICTURE FAIR COMPETITION ACT)
§ 59.1-257. Definitions.
As used in this chapter:

1. The term "person" means and includes one or more individuals, partnerships, associations, societies, trusts, organizations, or corporations;

2. The term "theater" means any establishment in which motion pictures are exhibited to the public regularly for a charge;

3. The term "distributor" means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing;

4. The term "exhibitor" means any person engaged in the business of operating one or more theaters;

5. The term "exhibit" or "exhibition" means showing a motion picture to the public for a charge;

6. The term "invitation to bid" means a written or oral solicitation or invitation by a distributor to one or more exhibitors to bid for the right to exhibit a motion picture;

7. The term "bid" means a written offer or proposal by an exhibitor to a distributor in response to an invitation to bid for the right to exhibit a motion picture, stating the terms under which the exhibitor will agree to exhibit a motion picture;

8. The term "license agreement" means any contract, agreement, understanding or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor;

9. The term "trade screening" means the showing of a motion picture by a distributor at some location within the Commonwealth or the District of Columbia or Prince Georges and Montgomery Counties, Maryland, which is open to any exhibitor from whom the distributor intends to solicit bids or with whom the distributor intends to negotiate for the right to exhibit the motion picture;

10. The term "blind bidding" means the bidding for, negotiating for, or offering or agreeing to terms for the licensing or exhibition of a motion picture at any time before such motion picture has either been trade screened within the Commonwealth or the District of Columbia or Prince Georges and Montgomery Counties, Maryland, or before such motion picture, at the option of the distributor, otherwise has been made available for viewing within the Commonwealth, or the District of Columbia or Prince Georges and Montgomery Counties, Maryland, by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit such motion picture; and

11. The term "run" means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. A "first run" is the first exhibition of a picture in the designated area; a "second run" is the second exhibition; and "subsequent runs" are subsequent exhibitions after the second run. "Exclusive run" is any run limited to a single theater in a defined geographic area and a "nonexclusive run" is any run in more than one theater in a defined geographic area.

1978, c. 764.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 20 (VIRGINIA MOTION PICTURE FAIR COMPETITION ACT)
§ 59.1-258. "Blind bidding" prohibited.
A. Blind bidding is hereby prohibited within the Commonwealth. No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place, and no license agreement or any of its terms shall be agreed to, for the exhibition of any motion picture within the Commonwealth before the motion picture has either been trade screened within the Commonwealth or the District of Columbia or Prince Georges and Montgomery Counties, Maryland, or before such motion picture, at the option of the distributor, otherwise has been made available for viewing within the Commonwealth or the District of Columbia or Prince Georges and Montgomery Counties, Maryland, by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit the motion picture.

B. A distributor shall provide reasonable and uniform notice of the trade screening of any motion picture to those exhibitors within the Commonwealth from whom he intends to solicit bids or with whom he intends to negotiate for the right to exhibit that motion picture.

C. Any purported waiver of the prohibition against blind bidding in this chapter shall be void and unenforceable.

1978, c. 764.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 20 (VIRGINIA MOTION PICTURE FAIR COMPETITION ACT)
§ 59.1-259. Bidding procedures.
If bids are solicited from exhibitors for the licensing of a motion picture within the Commonwealth, then:

1. The invitation to bid shall specify (i) whether the run for which the bid is being solicited is a first, second or subsequent run; (ii) whether the run is an exclusive or nonexclusive run; (iii) the geographic area for the run; (iv) the names of all exhibitors who are being solicited; (v) the date and hour the invitation to bid expires; and (vi) the time, date and the location, including the address, where the bids will be opened, which shall be within the Commonwealth or the District of Columbia or Prince Georges and Montgomery Counties, Maryland.

2. All bids shall be submitted in writing and shall be opened at the same time and in the presence of those exhibitors, or their agents, who submitted bids and are present at such time.

3. Immediately upon being opened, the bids shall be subject to examination by exhibitors, or their agents, who submitted bids, and who are present at the opening. Within ten business days after the bids are opened, the distributor shall notify each exhibitor who submitted a bid either the name of the winning bidder or the fact that none of the bids was acceptable.

4. Once bids are solicited, the distributor shall license the picture only by bidding and may solicit rebids if he does not accept any of the submitted bids.

1978, c. 764.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 20 (VIRGINIA MOTION PICTURE FAIR COMPETITION ACT)
§ 59.1-260. Civil enforcement; injunction.
Any person who suffers loss or pecuniary damage resulting from a violation of the provisions of this chapter shall be entitled to bring an individual action to recover damages and reasonable attorney's fees. The provisions of this chapter may be enforced by injunction or any other available equitable or legal remedy.

1978, c. 764.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 20 (VIRGINIA MOTION PICTURE FAIR COMPETITION ACT)
§ 59.1-261. Repealed.
Repealed by Acts 2015, c. 709, cl. 2.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 21 (BUSINESS OPPORTUNITY SALES ACT)
§ 59.1-262. Short title.
This chapter shall be known and may be cited as the "Business Opportunity Sales Act."

1979, c. 523.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 21 (BUSINESS OPPORTUNITY SALES ACT)
§ 59.1-263. Definitions.
A. For purposes of this chapter, "business opportunity" means the sale of any products, equipment, supplies or services which are sold to a purchaser upon payment of an initial required consideration exceeding $500 for the purpose of enabling such purchaser to start a business, and in which the seller:

1. Represents that the seller will provide locations or assist the purchaser in finding locations for the use or operation of vending machines, racks, display cases or other similar devices, or currency-operated amusement machines or devices, on premises neither owned nor leased by the purchaser or seller; or

2. Represents that it will purchase any or all products made, produced, fabricated, grown, bred or modified by the purchaser using in whole or in part the supplies, services or chattels sold by the seller to the purchaser; or

3. Guarantees that the purchaser will derive income from the business opportunity which exceeds the price paid for the business opportunity, or that the seller will refund all or part of the price paid for the business opportunity, or repurchase any of the products, equipment, supplies or chattels supplied by the seller, if the purchaser is not satisfied with the business opportunity; or

4. Represents that the seller will provide a sales program or marketing program which will enable the purchaser to derive income from the business opportunity which exceeds the price paid for the business opportunity.

B. Exclusions. -- Such definition of "business opportunity" shall not include the following:

1. A security as defined by § 13.1-501; or

2. A franchise as defined in subsection A of § 13.1-559 or § 59.1-21.10; or

3. A license granted by a general merchandise retailer which allows the licensee to sell goods, equipment, supplies, products or services to the general public under the retailer's trademark, trade name or service mark, provided that such general merchandise retailer has been doing business in the Commonwealth continuously for five years prior to the granting of such license and such general merchandise retailer also sells the same goods, equipment, supplies, products or services directly to the general public; or

4. A newspaper distribution system; or

5. The sale of an on-going business. An "on-going business" as used herein is one which for at least twelve months previous to the sale: (i) has been operated from a specific location, (ii) has been open for business to the general public and (iii) has had all equipment and supplies necessary for operating the business located at such specific location; or

6. The sale of sales demonstration equipment and materials furnished at cost for use in making sales and not for resale; or

7. A contract or agreement by which a retailer of goods or services is granted the right to sell goods or services within, or appurtenant to, a retail business establishment as a department or division thereof.

1979, c. 523; 1985, c. 242.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 21 (BUSINESS OPPORTUNITY SALES ACT)
§ 59.1-265. Seller required to obtain bond or establish escrow account; action for damages against bond or account; limitation on liability of surety or escrow agent.
Before the business opportunity seller makes any of the representations set forth in § 59.1-263, the seller shall either have obtained a surety bond issued by a surety company authorized to do business in this Commonwealth or have established an escrow account with any credit union or any licensed and insured commercial bank or savings institution located in the Commonwealth of Virginia. The amount of the bond or escrow account shall be an amount not less than $50,000. Any person who is damaged by any violation of this chapter or by the business opportunity seller's breach of the contract for the business opportunity sale or of any obligation arising therefrom may bring an action against the bond or escrow account to recover damages suffered; provided, however, that the aggregate escrow liability of the surety or escrow agents under any such bond or escrow account shall be only for actual damages and in no event shall exceed the amount of the bond or escrow account.

1979, c. 523; 1996, c. 77.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 21 (BUSINESS OPPORTUNITY SALES ACT)
§ 59.1-266. Prohibited acts.
No business opportunity seller shall:

1. Represent that the business opportunity provides income or earning potential of any kind unless the seller has documented data to substantiate the claims of income or earning potential and discloses such data to the prospective purchaser at the time such representations are made; or

2. Use the trademark, service mark, trade names, logotype, advertising or other commercial symbol of any business which does not either control the ownership interest in the seller or is not legally obligated for all representations made by the seller in regard to the business opportunity, unless it is clear from the circumstances that the owner of the commercial symbol is not involved in the sale of the business opportunity; or

3. Make or authorize the making of any reference to its compliance with this chapter in any advertisement or other contact with prospective purchasers.

1979, c. 523.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 21 (BUSINESS OPPORTUNITY SALES ACT)
§ 59.1-267. Contracts required to be in writing; contents.
A. Every business opportunity sales contract shall be in writing and a copy shall be given to the purchaser at the time he signs the contract.

B. Every contract for the sale of a business opportunity shall include the following:

1. The terms and conditions of payment;

2. A full and detailed description of the acts or services that the business opportunity seller undertakes to perform for the purchaser;

3. The seller's principal business address and the name and address of its agent in the Commonwealth of Virginia authorized to receive service of process;

4. A full and detailed description of any product, products, equipment or supplies the business opportunity seller is to deliver to the purchaser;

5. The approximate delivery date of any product, products, equipment, or supplies the business opportunity seller is to deliver to the purchaser.

1979, c. 523.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 21 (BUSINESS OPPORTUNITY SALES ACT)
§ 59.1-268. Purchaser's remedies.
If a business opportunity seller (i) uses any untrue or misleading statements in the sale of a business opportunity, (ii) fails to give the proper disclosures in the manner required by § 59.1-264, or (iii) fails to deliver the equipment, supplies, product or products necessary to begin substantial operation of the business within forty-five days of the delivery date stated in the business opportunity contract, or if the contract does not comply with the requirements of § 59.1-267, then, within one year of the date of the contract, upon written notice to seller, the purchaser may void the contract and shall be entitled to receive from the business opportunity seller all sums paid to the business opportunity seller. Upon receipt of such sums, the purchaser shall make available to the seller at the purchaser's address or at the places at which they are located at the time such notice is given, all product, products, equipment and supplies received by the purchaser. No purchaser shall be entitled to any unjust enrichment by exercise of the remedies provided in this subsection.

Any purchaser injured by (i) a violation of this chapter, (ii) the business opportunity seller's breach of a contract subject to this chapter, or (iii) by any obligation arising therefrom may bring a civil action for recovery of damages, including reasonable attorney's fees.

Upon complaint of any person that a business opportunity seller has violated the provisions of this chapter, the circuit court wherein the violation is alleged to have occurred shall have jurisdiction to enjoin such seller from further violations of this chapter.

The remedies provided herein shall be in addition to any other remedies provided for by law or in equity.

1979, c. 523.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 21 (BUSINESS OPPORTUNITY SALES ACT)
§ 59.1-269. Penalty; limitation.
A. Any person who shall knowingly and willfully make, or cause to be made, any false statement in any disclosure statement or contract subject to the provisions of this chapter, or who shall knowingly and willfully commit any act prohibited by § 59.1-266 with the intent to defraud or to deceive a purchaser as to any material fact shall be guilty of a Class 4 felony.

B. Any person who shall knowingly make or cause to be made any false statement in any disclosure statement or contract subject to the provisions of this chapter or who shall commit any act prohibited by § 59.1-266 shall be guilty of a Class 1 misdemeanor.

C. No prosecution under this section shall be begun more than three years from the date of the alleged offense.

1979, c. 523.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 22 (ENTERPRISE ZONE ACT)
§ 59.1-270. Expired.
Expired.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 22 (ENTERPRISE ZONE ACT)
§ 59.1-272. Repealed.
Repealed by Acts 2005, cc. 863 and 884, cl. 2.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 22 (ENTERPRISE ZONE ACT)
§ 59.1-279.1. Repealed.
Repealed by Acts 2005, cc. 863 and 884, cl. 2.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 22 (ENTERPRISE ZONE ACT)
§ 59.1-280.2. Repealed.
Repealed by Acts 2005, cc. 863 and 884, cl. 2.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 22 (ENTERPRISE ZONE ACT)
§ 59.1-281. Repealed.
Repealed by Acts 1983, c. 572.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 22 (ENTERPRISE ZONE ACT)
§ 59.1-282. Repealed.
Repealed by Acts 2005, cc. 863 and 884, cl. 2.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 22 (ENTERPRISE ZONE ACT)
§ 59.1-282.1. Repealed.
Repealed by Acts 2009, cc. 207 and 271, cl. 3.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 22 (ENTERPRISE ZONE ACT)
§ 59.1-282.3. Repealed.
Repealed by Acts 2005, cc. 863 and 884, cl. 2.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 22 (ENTERPRISE ZONE ACT)
§ 59.1-284.01. Expiration of chapter; exceptions.
A. All provisions of this chapter except §§ 59.1-279, 59.1-280, 59.1-280.1, 59.1-282.1, 59.1-282.2 and this section shall expire on July 1, 2005, unless extended by an act of the General Assembly.

B. All enterprise zones designated pursuant to §§ 59.1-274, 59.1-274.1, and 59.1-274.2 as those were in effect prior to July 1, 2005 shall continue in effect until the end of their 20-year designation period. Such zones shall be governed by the provisions of Chapter 49 (§ 59.1-538 et seq.).

1995, c. 792; 2005, cc. 863, 884.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 22.1 (THE VIRGINIA ECONOMIC DEVELOPMENT REVOLVING FUND [Repealed])
§ 59.1-284.1. Repealed.
Repealed by Acts 2005, c. 624, cl. 2.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 22.13 (Semiconductor Manufacturing Grant Fund)
§ 59.1-284.32. Repealed.
Repealed by Acts 2025, cc. 34 and 45, cl. 2, effective July 1, 2025.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 22.16 (Pharmaceutical Manufacturing Grant Program)
§ 59.1-284.37. Resources for public institutions of higher education.
A. To support the needs of a qualified company, and other manufacturers and companies engaged in research and development in and near a qualified county, up to $2,525,000 shall be made available to a comprehensive community college and a baccalaureate public institution of higher education in or near an eligible county. Subject to appropriation, such funds are expected to be available in the Commonwealth's fiscal years beginning July 1, 2020, through July 1, 2024, as follows:

1. $730,000 for the Commonwealth's fiscal year beginning July 1, 2020;

2. $493,750 for the Commonwealth's fiscal year beginning July 1, 2021;

3. $493,750 for the Commonwealth's fiscal year beginning July 1, 2022;

4. $493,750 for the Commonwealth's fiscal year beginning July 1, 2023; and

5. $313,750 for the Commonwealth's fiscal year beginning July 1, 2024.

B. Funds awarded pursuant to this section shall be used for (i) enhanced soft-skilled training; (ii) collaboration to ensure an effective workforce development program; (iii) equipment, maintenance, and personnel needs for bioscience training and education; and (iv) increased educational opportunities in science, technology, engineering, and math.

C. Decisions regarding the application and awarding of funds shall be determined annually by the Secretary of Commerce and Trade, upon the recommendation of the President and Chief Executive Officer of VEDP, the Chancellor of the Virginia Community College System or his designee, and the Executive Director of the State Council of Higher Education for Virginia or his designee. Such officials may request from applicant institutions, and base decisions upon, annual reports from such institutions setting forth proposals regarding how such funds would be spent and reviewing how awarded funds have been spent.

2020, cc. 275, 758; 2025, c. 144.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 22.2 (THE BLUE RIDGE ECONOMIC DEVELOPMENT REVOLVING FUND [Repealed])
§ 59.1-284.7. Repealed.
Repealed by Acts 2004, c. 872.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 22.3 (SEMICONDUCTOR MANUFACTURING PERFORMANCE GRANT PROGRAMS  [Repealed])
§ 59.1-284.13. Repealed.
Repealed by Acts 2015, c. 761, cl. 3, effective July 1, 2016.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 22.4 (INFORMATION TECHNOLOGY EMPLOYMENT PERFORMANCE GRANT PROGRAM [Repealed])
§ 59.1-284.16. Repealed.
Repealed by Acts 2004, c. 872, cl. 13, effective May 4, 2005.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 22.7 (SPECIALIZED BIOTECHNOLOGY RESEARCH PERFORMANCE GRANT PROGRAM [Repealed])
§ 59.1-284.24. Repealed.
Repealed by Acts 2015, c. 761, cl. 4.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 22.8 (CLEAN ENERGY MANUFACTURING INCENTIVE GRANT PROGRAM [Repealed])
§ 59.1-284.25. Repealed.
Repealed by Acts 2015, c. 761, cl. 4.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 23 (CIGARETTE SALES BELOW WHOLESALE COST ACT [Repealed])
§ 59.1-285. Repealed.
Repealed by Acts 1986, c. 424.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 23.1 (REDUCED CIGARETTE IGNITION PROPENSITY [Repealed])
§ 59.1-293.1. Repealed.
Repealed by Acts 2014, cc. 370 and 418, cl. 2.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 23.2 (Retail Tobacco Products and Nicotine Vapor Products Containing Liquid Nicotine)
§ 59.1-293.10. Definitions.
As used in this chapter, unless the context requires another meaning:

"Child-resistant packaging" means packaging that is designed or constructed to meet the child-resistant effectiveness standards set forth in 16 C.F.R. § 1700.15(b)(1) when tested in accordance with the protocols described in 16 C.F.R. § 1700.20 as in effect on July 1, 2015.

"Department" means the Department of Taxation.

"Liquid nicotine" means the same as that term is defined in § 58.1-1021.01.

"Liquid nicotine container" means a bottle or other container holding liquid nicotine in any concentration but does not include a cartridge containing liquid nicotine if such cartridge is prefilled and sealed by the manufacturer of such cartridge and is not intended to be opened by the consumer.

"Nicotine vapor product" means the same as that term is defined in § 58.1-1021.01 and includes liquid nicotine containers.

"Retail dealer" means the same as that term is defined in § 58.1-1021.01.

"Retail tobacco product" means (i) any product containing, made of, or derived from tobacco or that contains nicotine that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by other means, including a cigarette, a heated tobacco product, chewing tobacco, snuff, or snus; (ii) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; and (iii) any component, part, or accessory of a product described in clause (i) or (ii), whether or not such component, part, or accessory contains tobacco or nicotine, including filters, rolling papers, blunt or hemp wraps, and glass pipes. "Retail tobacco product" includes any nicotine vapor product. "Retail tobacco product" does not include drugs or devices, as such terms are defined in 21 U.S.C. § 321, or combination products, as such term is used in 21 U.S.C. § 353, if such drugs, devices, or combination products are authorized for sale by the U.S. Food and Drug Administration. "Retail tobacco product" does not include any cigar or pipe tobacco as defined in § 58.1-1021.01.

"Tobacco retailer" means any person, partnership, joint venture, society, club, trustee, trust, association, organization, or corporation that owns, operates, or manages any tobacco retail establishment. "Tobacco retailer" does not include nonmanagement employees of a tobacco retail establishment.

"Tobacco retail establishment" means any place of business where retail tobacco products are available for sale to the general public, including any grocery store, retail tobacco product shop, kiosk, convenience store, gasoline service station, bar, or restaurant where retail tobacco products are available for sale to the general public.

2015, cc. 739, 756; 2024, cc. 793, 796, 821, 828.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 23.2 (Retail Tobacco Products and Nicotine Vapor Products Containing Liquid Nicotine)
§ 59.1-293.11. Sale or distribution of liquid nicotine container; prohibition; penalty.
A. No person shall sell or distribute at retail or offer for retail sale or distribution a liquid nicotine container in the Commonwealth on or after October 1, 2015, unless such liquid nicotine container meets child-resistant packaging standards.

B. The requirements of subsection A shall not prohibit a wholesaler or retailer from selling its existing inventory of liquid nicotine until January 1, 2016, if the wholesaler or retailer can establish that the inventory was purchased prior to October 1, 2015, in a quantity comparable to that of the inventory purchased during the same period of the prior year.

C. Any person who sells or distributes at retail or offers for retail sale or distribution a liquid nicotine container in the Commonwealth on or after October 1, 2015, that he knows or has reason to know does not satisfy the child-resistant packaging standards required by this section is guilty of a Class 4 misdemeanor. However, no person shall be guilty of a violation of this section who relies in good faith on any information provided by the manufacturer of a liquid nicotine container that such container meets the requirements of this section.

D. The provisions of this chapter do not apply to any manufacturer or wholesaler of liquid nicotine containers who sells or distributes a liquid nicotine container, provided that any such liquid nicotine container sold or distributed is intended for use outside of the Commonwealth.

E. The provisions of subsection A shall be null, void, and of no force and effect upon the effective date of either enacted federal legislation or final regulations issued by the U.S. Food and Drug Administration or by any other federal agency where such legislation or regulations mandate child-resistant packaging for liquid nicotine containers.

F. The provisions of this section with respect to retail sales, retail establishments, and offers for retail sales shall only apply to retail sales or offers at retail of liquid nicotine containers before July 1, 2024.

2015, cc. 739, 756; 2024, cc. 796, 821.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 23.2 (Retail Tobacco Products and Nicotine Vapor Products Containing Liquid Nicotine)
§ 59.1-293.12. Restrictions on the sale of retail tobacco products to minors; penalties.
A. A retail dealer shall comply with the provisions of this section, §§ 18.2-246.8, 18.2-246.10, 18.2-371.2, and 59.1-293.13, and any other state or local law related to the sale of retail tobacco products. If the Department determines that a retail dealer has violated any such provision of law, the Department may suspend or revoke such retail dealer's Retail Sales and Use Tax Exemption Certificate for Stamped Cigarettes Purchased for Resale or Other Tobacco Products (OTP) Distributor's License.

B. 1. For each retail dealer, the Department shall conduct an unannounced investigation at least once every 24 months to verify that the retail dealer is not selling retail tobacco products to persons under 21 years of age. If the Department determines that the retail dealer has violated any provision of this section, § 18.2-246.8, 18.2-246.10, 18.2-371.2, or 59.1-293.13, or any other state or local law related to the sale of retail tobacco products, it shall conduct an unannounced investigation of the retail dealer within six months of such violation.

2. If the Department determines that a retail dealer, or a retail dealer's agent or employee, sold a retail tobacco product to a person under 21 years of age or violated subsection A or B of § 18.2-371.2, the Department shall impose and the retail dealer shall be subject to:

a. For the first violation in a 36-month period, a penalty of no less than $1,000;

b. For a second violation in a 36-month period, a penalty of no less than $5,000. Any retail dealer found to be in violation of this subdivision 2 b shall be required to verify that any consumer who appears to be under 30 years of age is of legal age by verifying such consumer's government-issued photographic identification using fraud detection software, technology, or a scanner that confirms the authenticity of such identification; and

c. For a third violation in a 36-month period, a penalty of no less than $10,000 and a 30-day suspension of the retail dealer's Retail Sales and Use Tax Exemption Certificate for Stamped Cigarettes Purchased for Resale or OTP Distributor's License.

d. For a fourth violation in a 36-month period, revocation of the retail dealer's Retail Sales and Use Tax Exemption Certificate for Stamped Cigarettes Purchased for Resale or OTP Distributor's License, and ineligibility to possess any such certificate or license for a period of three years from the date of the most recent violation.

3. Any civil penalties assessed pursuant to this section shall be paid into the Tobacco Retail Enforcement Fund, established pursuant to § 59.1-293.14.

C. The Department shall collaborate with the Virginia Alcoholic Beverage Control Authority and local law enforcement to the extent possible to enforce the provisions of this section and § 4.1-103.01.

2024, cc. 796, 821.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 23.2 (Retail Tobacco Products and Nicotine Vapor Products Containing Liquid Nicotine)
§ 59.1-293.13. Required education for retail dealers and employees.
Any retail dealer shall be required to attest that it has conducted education and training for its employees related to:

1. The provisions of § 59.1-293.12;

2. The prohibitions on the sale of retail tobacco products to persons under age 21 and other restrictions prescribed by §§ 18.2-246.8, 18.2-246.10, and 18.2-371.2;

3. Forms of identification that are acceptable as proof of age; and

4. The legal penalties that may be incurred for violation of the provisions of law identified in subdivisions 1 and 2.

2024, cc. 796, 821.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 23.2 (Retail Tobacco Products and Nicotine Vapor Products Containing Liquid Nicotine)
§ 59.1-293.14. Tobacco Retail Enforcement Fund.
There is hereby created in the state treasury a special nonreverting fund to be known as the Tobacco Retail Enforcement Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All revenues accruing to the Fund pursuant to this article, all funds appropriated for such purpose, and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of funding the Department of Taxation's direct and indirect costs of the license administration and enforcement program administered pursuant to Article 2.1 (§ 58.1-1021.01 et seq.) of Chapter 10 of Title 58.1 and the administrative costs of education and training, retail inspections, and unannounced compliance checks in accordance with the provisions of §§ 59.1-293.12 and 59.1-293.13. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Tax Commissioner.

2024, cc. 796, 821.

Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 23.2 (Retail Tobacco Products and Nicotine Vapor Products Containing Liquid Nicotine)
§ 59.1-293.15. Liquid nicotine and nicotine vapor product; directory.
The Attorney General shall establish and maintain a directory that lists all liquid nicotine or nicotine vapor product manufacturers and liquid nicotine and nicotine vapor products for which current and accurate certification forms have been submitted in accordance with the provisions of § 59.1-293.13. The Attorney General shall make the directory available for public inspection on its website. The Attorney General shall update the directory as necessary.

2024, cc. 793, 828.
Code of Virginia — Title 59.1 (Trade and Commerce), Chapter 23.2 (Retail Tobacco Products and Nicotine Vapor Products Containing Liquid Nicotine)
§ 59.1-293.17. Removal or exclusion from directory.
A. The Attorney General shall, in accordance with the provisions of this section, remove or exclude from the directory any liquid nicotine or nicotine vapor product manufacturer or liquid nicotine or nicotine vapor product that the Attorney General determines is not in compliance with the provisions of this chapter.

B. If the Attorney General determines to remove or exclude from the directory a liquid nicotine or nicotine vapor product manufacturer or a liquid nicotine or nicotine vapor product in the directory, the Attorney General shall notify by electronic or other practicable means the manufacturer's registered agent in the Commonwealth of such determination. The liquid nicotine or nicotine vapor product manufacturer shall have 10 business days from receipt of such notice to establish that the liquid nicotine or nicotine vapor product manufacturer or liquid nicotine or nicotine vapor product meets the requirements to be included in the directory. If the liquid nicotine or nicotine vapor product manufacturer fails to establish compliance within the 10-business-day period, the Attorney General shall remove or exclude from the directory the liquid nicotine or nicotine vapor product manufacturer or liquid nicotine or nicotine vapor product.

C. Any determination by the Attorney General to remove or exclude from the directory a manufacturer or a product shall be subject to review by the filing of a civil action for prospective declaratory or injunctive relief in the Circuit Court for the City of Richmond.

D. If a liquid nicotine or nicotine vapor product is removed from the directory:

1. Each retailer, distributor, and wholesaler shall have 30 days to sell the product or remove such product intended for retail sale in the Commonwealth from its inventory and return the product to the manufacturer for disposal. After 21 days following the removal from the directory, the liquid nicotine and nicotine vapor products removed from the directory shall be subject to seizure, forfeiture, and destruction and shall not be purchased or sold in the Commonwealth.

2. Each manufacturer, wholesaler, or retail dealer selling the product intended for retail sale in the Commonwealth shall notify each purchaser of the product that it has been removed from the directory at the time of delivery of such product. Unless otherwise provided by contract or purchase agreement, the manufacturer, wholesaler, or retail dealer shall provide the purchaser a refund of the purchase price of the removed product. If a manufacturer, wholesaler, or retail dealer fails to provide such refund, the purchaser may bring an action against the manufacturer, wholesaler, or retail dealer in a court of competent jurisdiction to recover the purchase price and reasonable attorney fees and costs.

2024, cc. 793, 828.