reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 65 - Comprehensive Animal Care › § 3.2-6591. Definitions

As used in this article, unless the context requires a different meaning:
"Alternative test method" means a test method that (i) provides information of equivalent or better scientific quality and relevance than animal test methods, (ii) has been identified by a validation body and adopted by the relevant federal agency or program within an agency responsible for regulating the specific product or activity for which the test is being conducted, and (iii) does not use animals, or, when there is no test method available that does not use animals, uses the fewest animals possible and reduces the level of suffering or stress, to the greatest extent possible, of an animal used for testing. "Alternative test method" includes computational toxicology and bioinformatics, high-throughput screening methods, testing of categories of chemical substances, tiered testing methods, in vitro studies, and systems biology and new or revised methods.
"Animal" means any live vertebrate nonhuman animal.
"Animal test method" means a process or procedure that uses animals to obtain information on the characteristics of a chemical or agent or the biological effect of exposure to a chemical or agent under specified conditions.
"Animal testing facility" means any facility, including a private entity, state agency, or institution of higher education, that confines and uses dogs or cats for research, education, testing, or other scientific or medical purposes.
"Contract testing facility" means any partnership, corporation, association, or other legal relationship that tests chemicals, ingredients, product formulations, or products on behalf of another entity.
"Manufacturer" means any partnership, corporation, association, or other legal entity that produces chemicals, ingredients, product formulations, or products.
"Validation body" means an organization that seeks to facilitate development, validation, and regulatory acceptance of new and revised regulatory test methods that reduce, refine, or replace the use of animals in testing, such as the Interagency Coordinating Committee on the Validation of Alternative Methods or other similar organizations.
2018, c. 672; 2021, Sp. Sess. I, c. 340.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 65 - Comprehensive Animal Care › § 3.2-6592. Manufacturers and contract testing facilities required to use alternative test methods when available

A. No manufacturer or contract testing facility shall use an animal test method when an alternative test method is available.
B. Nothing in this section shall prohibit the use of a test method that does not use animals.
C. This section shall not apply to any manufacturer or contract test facility using an animal test method for the purpose of medical research related to the causes, diagnosis, treatment, control, or prevention of physical or mental diseases and impairments of humans and animals, or related to the development of devices or drugs, as those terms are defined in 21 U.S.C. § 321, biomedical products, or any other products regulated by the U.S. Food and Drug Administration, except for any product regulated under Subchapter VI of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.). Such medical research does not include the testing of an ingredient that (i) was formerly used in a drug; (ii) was tested for use in a drug using commonly accepted animal testing methods to characterize the ingredient and to substantiate its safety for human use; and (iii) is proposed for use in a product other than a biomedical product, medical device, or drug.
2018, c. 672.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 65 - Comprehensive Animal Care › § 3.2-6592.1. Breeding cats and dogs for experimental purposes

Any person or entity that breeds dogs or cats, including dogs or cats regulated under federal law as research animals, for sale or transfer to an animal testing facility shall be required to keep accurate records of each dog or cat purchased, acquired, owned, held, or otherwise in the person or entity's possession or control, and each dog or cat transported, euthanized, sold, or otherwise disposed of, for five years from the date of the acquisition, transfer, or disposition of the dog or cat. Records shall include:
1. The name and address of the person from whom the dog or cat was purchased or otherwise acquired, and such person's license or registration number if licensed or registered under the federal Animal Welfare Act (7 U.S.C. § 2131 et seq.);
2. The date on which the dog or cat was acquired;
3. The name and address of the person or entity to whom the dog or cat was sold, given, or transferred and such person or entity's license or registration number if licensed or registered under the federal Animal Welfare Act (7 U.S.C. § 2131 et seq.);
4. The official U.S. Department of Agriculture tag number or tattoo assigned to the dog or cat under the federal Animal Welfare Act (7 U.S.C. § 2131 et seq.);
5. A description of the dog or cat, which shall include (i) the species and breed or type, (ii) the sex, (iii) the date of birth or approximate age, and (iv) the color and any distinctive markings;
6. The date and number of any offspring born of any animal while in the possession or under the control of the person or entity;
7. All medical care and vaccinations provided to the animal;
8. The date and method of disposition of the dog or cat, including sale, death and cause thereof if not euthanasia, euthanasia, adoption, or transfer;
9. The number of dogs or cats in the person or entity's possession for which the person or entity no longer has a need; and
10. The number of dogs or cats in the person or entity's possession for which the person or entity no longer has a need that have been offered for transfer to a releasing agency for eventual adoption or for adoption through private placement in accordance with § 3.2-6593.1.
Records shall be made available upon request to the Department, animal control officers, and law-enforcement officers at mutually agreeable times. The person or entity subject to the requirements of this section shall quarterly submit a summary of such records to the State Veterinarian in a format prescribed by him.
2022, c. 93.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 65 - Comprehensive Animal Care › § 3.2-6593. Enforcement; civil action; penalty

The Attorney General may bring a civil action in the appropriate circuit court for injunctive relief to enforce the provisions of this article. Any person who violates any provision of this article may, upon such finding by an appropriate circuit court, be subject to a civil penalty of not more than $5,000 and any court costs and attorney fees. Such civil penalties shall be paid into the state treasury.
2018, c. 672.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 65 - Comprehensive Animal Care › § 3.2-6593.1. Animal testing facilities; adoption of dogs and cats

Any breeder or animal testing facility that no longer has need for a dog or cat in its possession that does not pose a health or safety risk to the public or welfare of the animal shall (i) offer for release such dog or cat to a releasing agency for eventual adoption or for adoption through a private placement or (ii) in the case of a testing facility operated by an agency or institution of higher education, develop its own adoption program, provided that such program maintains records that comply with § 3.2-6557. Such breeder or animal testing facility shall keep such offer for release open for a reasonable length of time, up to three weeks, prior to euthanizing such dog or cat. A breeder or animal testing facility may enter into an agreement with a releasing agency for the implementation of the provisions of this section. A breeder or animal testing facility shall not be liable for any harm caused by or any defect suffered by any dog or cat adopted pursuant to this section.
For purposes of this section, "breeder" means a breeder who breeds dogs and cats for sale or transfer to an animal testing facility.
2021, Sp. Sess. I, c. 340; 2022, c. 91.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 65 - Comprehensive Animal Care › § 3.2-6594. Definitions

As used in this article:
"Dangerous captive animal" means any bear, cougar, jaguar, leopard, lion, nonhuman primate, or tiger, or any hybrid of any such animal. "Dangerous captive animal" does not include a clouded leopard.
"Direct contact" means physical contact or proximity where physical contact is possible, including an opportunity for photography without a permanent physical barrier designed to prevent physical contact between the public and a dangerous captive animal.
"Keeper" means any person, as defined in § 1-230, who owns, has custody of, or is in control of a dangerous captive animal.
2020, c. 632.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-101. Virginia Alcoholic Beverage Control Authority created; public purpose

A. The General Assembly has determined that there exists in the Commonwealth a need to control the possession, sale, transportation, distribution, and delivery of alcoholic beverages in the Commonwealth. Further, the General Assembly determines that the creation of an authority for this purpose is in the public interest, serves a public purpose, and will promote the health, safety, welfare, convenience, and prosperity of the people of the Commonwealth. To achieve this objective, there is hereby created an independent political subdivision of the Commonwealth, exclusive of the legislative, executive, or judicial branches of state government, to be known as the Virginia Alcoholic Beverage Control Authority. The Authority's exercise of powers and duties conferred by this subtitle shall be deemed the performance of an essential governmental function and a matter of public necessity for which public moneys may be spent. The Board of Directors of the Authority is vested with control of the possession, sale, transportation, distribution, and delivery of alcoholic beverages in the Commonwealth, with plenary power to prescribe and enforce regulations and conditions under which alcoholic beverages are possessed, sold, transported, distributed, and delivered, so as to prevent any corrupt, incompetent, dishonest, or unprincipled practices and to promote the health, safety, welfare, convenience, and prosperity of the people of the Commonwealth. The exercise of the powers granted by this subtitle shall be in all respects for the benefit of the citizens of the Commonwealth and for the promotion of their safety, health, welfare, and convenience. No part of the assets or net earnings of the Authority shall inure to the benefit of, or be distributable to, any private individual, except that reasonable compensation may be paid for services rendered to or for the Authority affecting one or more of its purposes, and benefits may be conferred that are in conformity with said purposes, and no private individual shall be entitled to share in the distribution of any of the corporate assets on dissolution of the Authority.
B. The Virginia Alcoholic Beverage Control Authority shall consist of the Virginia Alcoholic Beverage Control Board of Directors, the Chief Executive Officer, and the agents and employees of the Authority. The Virginia Alcoholic Beverage Control Authority shall be deemed successor in interest to the Department of Alcoholic Beverage Control and the Alcoholic Beverage Control Board.
C. Nothing contained in this subtitle shall be construed as a restriction or limitation upon any powers that the Board of Directors of the Authority might otherwise have under any other law of the Commonwealth.
Code 1950, § 4-6; 1976, c. 64; 1993, c. 866; 2015, cc. 38, 730.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-101.03. Background investigations of Board members and Chief Executive Officer

All members of the Board and the Chief Executive Officer shall be fingerprinted before, and as a condition of, appointment. These fingerprints shall be submitted to the Federal Bureau of Investigation for a national criminal history records search and to the Department of State Police for a Virginia criminal history records search. The Department of State Police shall be reimbursed by the Authority for the cost of investigations conducted pursuant to this section. No person shall be appointed to the Board or appointed by the Board who (i) has defrauded or attempted to defraud any federal, state, or local government or governmental agency or authority by making or filing any report, document, or tax return required by statute or regulation that is fraudulent or contains a false representation of a material fact; (ii) has willfully deceived or attempted to deceive any federal, state, or local government or governmental agency or governmental authority by making or maintaining business records required by statute or regulation that are false and fraudulent; or (iii) has been convicted of (a) a felony or a crime involving moral turpitude or (b) a violation of any law applicable to the manufacture, transportation, possession, use, or sale of alcoholic beverages within the five years immediately preceding appointment.
2015, cc. 38, 730.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-101.04. Financial interests of Board, employees, and family members prohibited

No Board member or employee of the Authority shall (i) be a principal stockholder or (ii) otherwise have any financial interest, direct or indirect, in any licensee subject to the provisions of this subtitle or in any entity that has submitted an application for a license under Chapter 2 (§ 4.1-200 et seq.). No Board member and no spouse or immediate family member of a Board member shall make any contribution to a candidate for office or officeholder at the local or state level or cause such a contribution to be made on his behalf.
2015, cc. 38, 730.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-101.07. Forms of accounts and records; audit; annual report

A. The accounts and records of the Authority showing the receipt and disbursement of funds from whatever source derived shall be in a form prescribed by the Auditor of Public Accounts. The Auditor of Public Accounts or his legally authorized representatives shall annually examine the accounts and books of the Authority. The Authority shall submit an annual report to the Governor and General Assembly on or before December 15 of each year. Such report shall contain the audited annual financial statements of the Authority for the year ending the previous June 30. The Authority shall also submit a six-year plan detailing its assumed revenue forecast, assumed operating costs, number of retail facilities, capital costs, including lease payments, major acquisitions of services and tangible or intangible property, any material changes to the policies and procedures issued by the Authority related to procurement or personnel, and any proposed marketing activities.
B. Notwithstanding any other provision of law, in exercising any power conferred under this subtitle, the Authority may implement and maintain independent payroll and nonpayroll disbursement systems. These systems and related procedures shall be subject to review and approval by the State Comptroller. Upon agreement with the State Comptroller, the Authority may report summary level detail on both payroll and nonpayroll transactions to the State Comptroller through the Department of Accounts' financial management system or its successor system. Such reports shall be made in accordance with policies, procedures, and directives as prescribed by the State Comptroller. A nonpayroll disbursement system shall include all disbursements and expenditures, other than payroll. Such disbursements and expenditures shall include travel reimbursements, revenue refunds, disbursements for vendor payments, petty cash, and interagency payments.
2015, cc. 38, 730; 2017, cc. 698, 707.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-101.08. Leases of property

The Authority shall be exempt from the provisions of § 2.2-1149 and from any rules, regulations, and guidelines of the Division of Engineering and Buildings in relation to leases of real property into which it enters.
2015, cc. 38, 730.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-101.09. Exemptions from taxes or assessments

The exercise of the powers granted by this subtitle shall be in all respects for the benefit of the people of the Commonwealth, for the increase of their commerce and prosperity, and for the improvement of their living conditions, and as the undertaking of activities in the furtherance of the purposes of the Authority constitutes the performance of essential governmental functions, the Authority shall not be required to pay any taxes or assessments upon any property acquired or used by the Authority under the provisions of this subtitle or upon the income therefrom, including sales and use taxes on the tangible personal property used in the operations of the Authority. The exemption granted in this section shall not be construed to extend to persons conducting on the premises of any property of the Authority businesses for which local or state taxes would otherwise be required.
2015, cc. 38, 730.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-101.010. Exemption of Authority from personnel and procurement procedures; information systems; etc.

A. The provisions of the Virginia Personnel Act (§ 2.2-2900 et seq.) and the Virginia Public Procurement Act (§ 2.2-4300 et seq.) shall not apply to the Authority in the exercise of any power conferred under this subtitle. Nor shall the provisions of Chapter 20.1 (§ 2.2-2005 et seq.) of Title 2.2 or Article 2 (§ 51.1-1104 et seq.) of Chapter 11 of Title 51.1 apply to the Authority in the exercise of any power conferred under this subtitle.
B. To effect its implementation, the Authority's procurement of goods, services, insurance, and construction and the disposition of surplus materials shall be exempt from:
1. State agency requirements regarding disposition of surplus materials and distribution of proceeds from the sale or recycling of surplus materials under §§ 2.2-1124 and 2.2-1125;
2. The requirement to purchase from the Department for the Blind and Vision Impaired under § 2.2-1117; and
3. Any other state statutes, rules, regulations, or requirements relating to the procurement of goods, services, insurance, and construction, including Article 3 (§ 2.2-1109 et seq.) of Chapter 11 of Title 2.2, regarding the duties, responsibilities, and authority of the Division of Purchases and Supply of the Virginia Department of General Services, and Article 4 (§ 2.2-1129 et seq.) of Chapter 11 of Title 2.2, regarding the review and the oversight by the Division of Engineering and Buildings of the Department of General Services of contracts for the construction of the Authority's capital projects and construction-related professional services under § 2.2-1132.
C. The Authority (i) may purchase from and participate in all statewide contracts for goods and services, including information technology goods and services; (ii) shall use directly or by integration or interface the Commonwealth's electronic procurement system subject to the terms and conditions agreed upon between the Authority and the Department of General Services; and (iii) shall post on the Department of General Services' central electronic procurement website all Invitations to Bid, Requests for Proposal, sole source award notices, and emergency award notices to ensure visibility and access to the Authority's procurement opportunities on one website.
2015, cc. 38, 730; 2017, cc. 698, 707.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-101.1. Certified mail; subsequent mail or notices may be sent by regular mail; electronic communications as alternative to regular mail; limitation

A. Whenever in this subtitle the Board is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Board may be sent by regular mail.
B. Except as provided in subsection C, whenever in this subtitle the Board is required or permitted to send any mail, notice, or other official communication by regular mail to persons licensed under Chapter 2 (§ 4.1-200 et seq.), upon the request of a licensee, the Board may instead send such mail, notice, or official communication by email, text message, or other electronic means to the email address, telephone number, or other contact information provided to the Board by the licensee, provided that the Board retains sufficient proof of the electronic delivery, which may be an electronic receipt of delivery or a certificate of service prepared by the Board confirming the electronic delivery.
C. No notice required by § 4.1-227 to (i) a licensee of a hearing that may result in the suspension or revocation of his license or the imposition of a civil penalty or (ii) a person holding a permit shall be sent by the Board by email, text message, or other electronic means, nor shall any decision by the Board to suspend or revoke a license or permit or impose a civil penalty be sent by the Board by email, text message, or other electronic means.
2011, c. 566; 2015, c. 412.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-103.01. Additional powers; access to certain tobacco sales records; inspections; penalty

A. Notwithstanding the provisions of § 58.1-3 or any other provision of law, the Tax Commissioner shall provide to the Board the name, address, and other identifying information within his possession of all wholesale cigarette dealers.
B. All invoices, books, papers or other memoranda and records concerning the sale of cigarettes maintained by wholesale cigarette dealers pursuant to § 58.1-1007 shall be subject to inspection during normal business hours by special agents of the Board. Any person who, upon request by a special agent, unreasonably fails or refuses to allow an inspection of the records authorized by this subsection shall be guilty of a Class 2 misdemeanor.
C. The Board may use the information obtained from the Tax Commissioner or by the inspections authorized by subsection B only for the purpose of creating and maintaining a list of retail dealers to facilitate enforcement of the laws governing the sale of tobacco products to minors. Neither the Board nor any special agent shall divulge any information provided by the Tax Commissioner or obtained in the performance of the inspections authorized by subsection B to anyone other than to another special agent. Any person violating the provisions of this subsection shall be guilty of a Class 2 misdemeanor.
1998, cc. 189, 364.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-103.02. Additional powers; substance abuse prevention; Virginia Institutions of Higher Education Substance Use Advisory Committee established

It shall be the responsibility of the Board to administer a substance abuse prevention program within the Commonwealth and to (i) coordinate substance abuse prevention activities of agencies of the Commonwealth in such program, (ii) review substance abuse prevention program expenditures by agencies of the Commonwealth, and (iii) determine the direction and appropriateness of such expenditures. The Board shall cooperate with federal, state, and local agencies, private and public agencies, interested organizations, and individuals in order to prevent substance abuse within the Commonwealth. The Board shall report annually by December 1 of each year to the Governor and the General Assembly on the substance abuse prevention activities of the Commonwealth.
The Board shall also establish and appoint members to the Virginia Institutions of Higher Education Substance Use Advisory Committee (Advisory Committee). The goal of the Advisory Committee shall be to develop and update a statewide strategic plan for substance use education, prevention, and intervention at Virginia's public and private institutions of higher education. The strategic plan shall (a) incorporate the use of best practices, which may include, but not be limited to, student-led peer-to-peer education and college or other institution of higher education recovery programs; (b) provide for the collection of statewide data from all institutions of higher education on student alcohol and substance use; (c) assist institutions of higher education in developing their individual strategic plans by providing networking and training resources and materials; and (d) develop and maintain reporting guidelines for use by institutions of higher education in their individual strategic plans.
The Advisory Committee shall consist of representatives from Virginia's public and private institutions of higher education, including students and directors of student health, and such other members as the Board may deem appropriate. The Advisory Committee's membership shall be broadly representative of individuals from both public and private institutions of higher education.
The Advisory Committee shall submit an annual report on its activities to the Governor and the General Assembly on or before December 1 each year.
2012, cc. 803, 835; 2018, cc. 210, 211.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-103.03. Additional powers; mediation; alternative dispute resolution; confidentiality

A. As used in this section:
"Appropriate case" means any alleged license violation or objection to the application for a license in which it is apparent that there are significant issues of disagreement among interested persons and for which the Board finds that the use of a mediation or dispute resolution proceeding is in the public interest.
"Dispute resolution proceeding" means the same as that term is defined in § 8.01-576.4.
"Mediation" means the same as that term is defined in § 8.01-576.4.
"Neutral" means the same as that term is defined in § 8.01-576.4.
B. The Board may use mediation or a dispute resolution proceeding in appropriate cases to resolve underlying issues or reach a consensus or compromise on contested issues. Mediation and other dispute resolution proceedings as authorized by this section shall be voluntary procedures that supplement, rather than limit, other dispute resolution techniques available to the Board. Mediation or a dispute resolution proceeding may be used for an objection to the issuance of a license only with the consent of, and participation by, the applicant for licensure and shall be terminated at the request of such applicant.
C. Any resolution of a contested issue accepted by the Board under this section shall be considered a consent agreement as provided in subdivision 21 of § 4.1-103. The decision to use mediation or a dispute resolution proceeding is in the Board's sole discretion and shall not be subject to judicial review.
D. The Board may adopt rules and regulations, in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), for the implementation of this section. Such rules and regulations may include (i) standards and procedures for the conduct of mediation and dispute resolution proceedings, including an opportunity for interested persons identified by the Board to participate in the proceeding; (ii) the appointment and function of a neutral to encourage and assist parties to voluntarily compromise or settle contested issues; and (iii) procedures to protect the confidentiality of papers, work products, or other materials.
E. The provisions of § 8.01-576.10 concerning the confidentiality of a mediation or dispute resolution proceeding shall govern all such proceedings held pursuant to this section except where the Board uses or relies on information obtained in the course of such proceeding in granting a license, suspending or revoking a license, or accepting payment of a civil penalty or investigative costs. However, a consent agreement signed by the parties shall not be confidential.
2017, cc. 698, 707; 2020, cc. 1113, 1114.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-103.1. Criminal history records check required on certain employees; reimbursement of costs

All persons hired by the Authority whose job duties involve access to or handling of the Authority's funds or merchandise shall be subject to a criminal history records check before, and as a condition of, employment.
The Board shall develop policies regarding the employment of persons who have been convicted of a felony or a crime involving moral turpitude.
The Department of State Police shall be reimbursed by the Authority for the cost of investigations conducted pursuant to this section.
1994, c. 34; 2015, cc. 38, 730; 2017, cc. 698, 707.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-104. Purchases by the Board

The purchasing of alcoholic beverages and mixers, products used in connection with distilled spirits intended for resale, or products licensed by the Virginia Tourism Corporation as specified in § 4.1-103 intended for resale, the making of leases, and the purchasing of real estate by the Board under the provisions of this subtitle are exempt from the Virginia Public Procurement Act (§ 2.2-4300 et seq.).
Code 1950, § 4-18; 1993, c. 866; 1996, c. 558; 2008, c. 135; 2016, c. 21.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-105. Police power of members, agents and employees of Board

Members of the Board are vested, and such agents and employees of the Board designated by it shall be vested, with like power to enforce the provisions of (i) this subtitle and the criminal laws of the Commonwealth as is vested in the chief law-enforcement officer of a county, city, or town; (ii) § 3.2-4207; (iii) § 18.2-371.2; and (iv) § 58.1-1037.
Code 1950, § 4-8; 1993, c. 866; 1997, cc. 812, 882; 2000, cc. 880, 901; 2006, c. 695.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-106. Liability of Board members; suits by and against Board

A. No Board member may be sued civilly for doing or omitting to do any act in the performance of his duties as prescribed by this subtitle, except by the Commonwealth, and then only in the Circuit Court of the City of Richmond. Such proceedings by the Commonwealth shall be instituted and conducted by the Attorney General.
B. The Board may, in the name of the Commonwealth, be sued in the Circuit Court of the City of Richmond to enforce any contract made by it or to recover damages for any breach thereof. The Board may defend the proceedings and may institute proceedings in any court. No such proceedings shall be taken against, or in the names of, the members of the Board.
Code 1950, § 4-12; 1993, c. 866.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-107. Counsel for members, agents and employees of Board

If any member, agent, or employee of the Board shall be arrested, indicted or otherwise prosecuted on any charge arising out of any act committed in the discharge of his official duties, the Board chairman may employ special counsel approved by the Attorney General to defend such member, agent, or employee. The compensation for special counsel employed pursuant to this section, shall, subject to the approval of the Attorney General, be paid in the same manner as other expenses incident to the administration of this subtitle are paid.
Code 1950, § 4-20; 1958, c. 542; 1993, c. 866.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-108. Hearings; representation by counsel

Any licensee or applicant for any license granted by the Board shall have the right to be represented by counsel at any Board hearing for which he has received notice. The licensee or applicant shall not be required to be represented by counsel during such hearing. Any officer or director of a corporation may examine, cross-examine and question witnesses; present evidence on behalf of the corporation; and draw conclusions and make arguments before the Board or hearing officers without being in violation of the provisions of § 54.1-3904.
1989, c. 266, § 4-10.1; 1993, c. 866.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-109. Hearings; allowances to witnesses

Witnesses subpoenaed to appear on behalf of the Board shall be entitled to the same allowance for expenses as witnesses for the Commonwealth in criminal cases in accordance with § 17.1-611. Such allowances shall be paid out of the fund from which other costs incurred by the Board are paid upon certification to the Comptroller.
Code 1950, § 4-10; 1954, c. 709; 1993, c. 866.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-110. Purchase orders of Board for alcoholic beverages

A. Every order of the Board for the purchase of alcoholic beverages shall be authenticated by the chairman or by a member or agent of the Board, authorized by the Board to authenticate such orders. No order shall be binding unless so authenticated.
B. A duplicate of every such order shall be kept on file in the office of the Board in accordance with retention regulations established pursuant to the Virginia Public Records Act (§ 42.1-76 et seq.).
C. All cancellations of orders made by the Board shall be authenticated in the same manner and a duplicate kept as required by subsection B.
Code 1950, § 4-17; 1972, c. 138; 1984, c. 469; 1993, c. 866.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-112. Regulations relating to transportation of beer and wine coolers

The Board may promulgate regulations relating to the transportation of beer and wine coolers through the Commonwealth, including a prohibition against the direct shipment of beer or wine coolers from points outside the Commonwealth to installations of the United States armed forces located within the Commonwealth for resale on such installation.
1988, c. 261, § 4-144; 1993, c. 866.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-113. Board not to regulate certain advertising in the interiors of retail establishments

A. The Board shall not regulate the use of advertising materials or decorations within the premises of a retail on-premises licensee (i) where such advertising materials or decorations cannot be seen from the street or roadway outside of the licensed establishment and (ii) if the retail establishment is located within an enclosed area with no street or roadway, where such advertising or decorations cannot be seen more than fifteen feet from the nearest window.
B. This section shall not restrict the regulation of advertising materials or decorations containing references to an alcoholic beverage brand or manufacturer, except the Board shall not regulate such references contained in works of art.
C. This section shall not restrict or deny the Board its authority pursuant to §§ 4.1-216, 4.1-317, and subdivisions 11, 12, 13, 16, and 21 of § 4.1-325, nor shall this section authorize any manufacturer, bottler, wholesaler or importer of any alcoholic beverages to sell, rent, lend, buy for, or give to any retailer any advertising materials or decorations under any circumstances otherwise prohibited by law.
1981, c. 574, § 4-69.2; 1993, c. 866.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-113.1. Outdoor advertising; compliance with Title 33.2

All lawfully erected outdoor alcoholic beverage signs shall comply with the provisions of this subtitle, Board regulations, and Chapter 12 (§ 33.2-1200 et seq.) of Title 33.2 and regulations adopted pursuant thereto by the Commonwealth Transportation Board. Further, any outdoor alcoholic beverage directional sign located or to be located on highway rights-of-way shall also be governed by and comply with the Integrated Directional Sign Program administered by the Virginia Department of Transportation or its agents.
2012, cc. 326, 618.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-114. Annual review of operations of certain mixed beverage licensees

The Board shall at least annually review the operations of each establishment holding a mixed beverage restaurant license and each person holding a caterer's license to determine whether during the preceding license year such licensee has met the food-beverage ratio required by § 4.1-206.3. If not met, the license granted to such licensee may be suspended or revoked. If the license is revoked, no new license may be granted to the licensee with respect to such establishment or catering business for at least one year from the date of the revocation. For the purposes of this section and § 4.1-206.3, "nonalcoholic beverage" shall not include any beverages, ice, water or other mixer served with an alcoholic beverage.
1968, c. 7, § 4-98.7; 1980, c. 490; 1981, c. 565; 1986, c. 374; 1990, c. 402; 1993, c. 866; 2020, cc. 1113, 1114.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-115. Reports and accounting systems of Board; auditing books and records

A. The Board shall make reports to the Governor as he may require covering the administration and enforcement of this subtitle. Additionally, the Board shall submit an annual report to the Governor and General Assembly on or before December 15 each year, which shall contain:
1. A statement of the nature and amount of the business transacted by each government store during the year;
2. A statement of the assets and liabilities of the Board, including a statement of income and expenses and such other financial statements and matters as may be necessary to show the result of the operations of the Board for the year;
3. A statement showing the taxes collected under this subtitle during the year;
4. General information and remarks about the working of the alcoholic beverage control laws within the Commonwealth; and
5. Any other information requested by the Governor.
B. The Board shall maintain an accounting system in compliance with generally accepted accounting principles and approved in accordance with § 2.2-803.
C. A regular postaudit shall be conducted of all accounts and transactions of the Board. An annual audit of a fiscal and compliance nature of the accounts and transactions of the Board shall be conducted by the Auditor of Public Accounts on or before October 1. The cost of the annual audit and postaudit examinations shall be borne by the Board. The Board may order such other audits as it deems necessary.
Code 1950, § 4-13; 1984, c. 734; 1993, c. 866; 2004, c. 650; 2005, c. 633.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-116. Disposition of moneys collected by Board; creation of Enterprise Fund; reserve fund

A. All moneys collected by the Board shall be paid directly and promptly into the state treasury, or shall be deposited to the credit of the State Treasurer in a state depository, without any deductions on account of salaries, fees, costs, charges, expenses, refunds or claims of any description whatever, as required by § 2.2-1802.
All moneys so paid into the state treasury, less the net profits determined pursuant to subsection C, shall be set aside as and constitute an Enterprise Fund, subject to appropriation, for the payment of (i) the salaries and remuneration of the members, agents, and employees of the Board and (ii) all costs and expenses incurred in establishing and maintaining government stores and in the administration of the provisions of this subtitle, including the purchasing, building, leasing and operation of distilleries and the manufacture of alcoholic beverages.
B. The net profits derived under the provisions of this subtitle shall be transferred by the Comptroller to the general fund of the state treasury quarterly, within fifty days after the close of each quarter or as otherwise provided in the appropriation act. As allowed by the Governor, the Board may deduct from the net profits quarterly a sum for the creation of a reserve fund not exceeding the sum of $2.5 million in connection with the administration of this subtitle and to provide for the depreciation on the buildings, plants and equipment owned, held or operated by the Board.
C. The term "net profits" as used in this section means the total of all moneys collected by the Board less all costs, expenses and charges authorized by this section.
Code 1950, §§ 4-22, 4-23; 1960, c. 104; 1962, c. 385; 1964, c. 215; 1966, c. 431; 1968, c. 623; 1970, c. 727; 1972, cc. 138, 849; 1973, c. 349; 1974, c. 460; 1981, c. 514; 1982, c. 540; 1983, c. 427; 1984, c. 105; 1985, c. 222; 1993, c. 866.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-117. Disposition of net profits to localities

When the moneys transferred quarterly or as otherwise provided in the appropriation act by the Comptroller to the general fund of the state treasury exceed the sum of $187,500, two-thirds of all moneys in excess of $187,500 shall be apportioned by the Comptroller and distributed quarterly within ten days following such transfer. Such payments shall be made by the Comptroller drawn on the Treasurer of Virginia to the several counties, cities, and towns of the Commonwealth, appropriated on the basis of the population of the respective counties, cities, and towns, according to the last preceding United States census. However, in the case of any town which came into existence in or about the year 1691 which is now the county seat of any county having a population of less than 45,000 but more than 40,000, and the boundaries of such town are not fixed, such portion of the moneys appropriated shall be based on an estimate of the population of such town made by the Center for Public Service. The judge of the circuit court of the county in which the town or city or greater part thereof seeking an increase under the provisions of this chapter is located may appoint two disinterested persons as commissioners, neither of whom shall reside in the county, city, or town which is the subject of the annexation proceedings. The commissioners so appointed shall determine the population of the territory annexed to the town or city as of the date of the last preceding United States census and report their findings to the court, and future distributions of the moneys allocated under the provisions of this chapter shall be made in accordance therewith. The Comptroller shall make no adjustments in his distribution of profits until the Secretary of the Commonwealth transmits to the Comptroller, pursuant to § 15.2-3209, a copy of the court order granting the petition of annexation.
Code 1950, § 4-22; 1960, c. 104; 1962, c. 385; 1964, c. 215; 1966, c. 431; 1968, c. 623; 1970, c. 727; 1972, c. 849; 1973, c. 349; 1974, c. 460; 1981, c. 514; 1982, c. 540; 1983, c. 427; 1984, c. 105; 1985, c. 222; 1993, c. 866.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-118. Certain information not to be made public

Neither the Board nor its employees shall divulge any information regarding (i) financial reports or records required pursuant to § 4.1-114; (ii) the purchase orders and invoices for beer and wine filed with the Board by wholesale beer and wine licensees; or (iii) beer and wine taxes collected from, refunded to, or adjusted for any person. The provisions of § 58.1-3 shall apply, mutatis mutandis, to beer and wine taxes collected pursuant to this subtitle and to purchase orders and invoices for beer and wine filed with the Board by wholesale beer and wine licensees.
Nothing contained in this section shall prohibit the use or release of such information or documents by the Board to any governmental or law-enforcement agency, or when considering the granting, denial, revocation, or suspension of a license or permit, or the assessment of any penalty against a licensee or permittee.
Nor shall this section prohibit the Board or its employees from compiling and disseminating to any member of the public aggregate statistical information pertaining to (i) malt beverage excise tax collection as long as such information does not reveal or disclose excise tax collection from any identified licensee; (ii) the total quantities of wine sold or shipped into the Commonwealth by each out-of-state winery, distributor, or importer for resale in the Commonwealth by wholesale wine licensees collectively; (iii) the total amount of wine sales in the Commonwealth by wholesale wine licensees collectively; or (iv) the total amount of purchases or sales submitted by licensees as required pursuant to § 4.1-114, provided such information does not identify the licensee.
1988, c. 261, § 4-145; 1993, c. 866; 1994, c. 179.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-119.1. Human trafficking hotline; posted notice required

Within each government store, except for government stores established on a distiller's licensed premises pursuant to subsection D of § 4.1-119, the Authority shall post notice of the existence of a human trafficking hotline to alert possible witnesses or victims of human trafficking to the availability of a means to report crimes or gain assistance. The notice required by this section shall (i) be posted in a place readily visible and accessible to the public and (ii) meet the requirements specified in subsection C of § 40.1-11.3.
2019, c. 388.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 1 - Definitions and General Provisions › § 4.1-120. When government stores closed

A. Except as provided in subsection B, no sale or delivery of alcoholic beverages shall be made at any government store, nor shall any such store be kept open for the sale of alcoholic beverages:
1. On Sunday;
2. On Thanksgiving Day, Christmas Day and New Year's Day; or
3. During such other periods and on such other days as the Board may direct.
B. Certain government stores, as determined by the Board, may be open on Sunday for the sale of alcoholic beverages after 10:00 a.m.
Code 1950, § 4-19; 1972, c. 138; 1992, c. 129; 1993, c. 866; 2004, c. 1002; 2008, c. 134; 2012, c. 245; 2019, cc. 810, 811.