Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-40 - Designated managers of licensees; appointment generally; disapproval by board; restrictions upon employment

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each retail licensee, except a licensed
				individual who is on the premises, shall have a designated manager able to
				understand and communicate in the English language in a reasonably satisfactory
				manner present and in actual charge of the business being conducted under the
				license at any time the licensed establishment is kept open for business,
				whether or not the privileges of the license are being exercised. The name of
				the designated manager of every retail licensee shall be kept posted in a
				conspicuous place in the establishment, in letters not less than one inch in
				size, during the time he is in charge.
The posting of the name of a designated manager shall
				  qualify such person to act in that capacity until disapproved by the
				  board.
B. The board
				reserves the right to disapprove any person as a designated manager if it shall
				have reasonable cause to believe that any cause exists which would justify the
				board in refusing to issue such person a license, or that such person has
				committed any act that would justify the board in suspending or revoking a
				license.
Before disapproving a designated manager, the board shall
				  accord him the same notice, opportunity to be heard, and follow the same
				  administrative procedures accorded a licensee cited for a violation of Title
				  4.1 of the Code of Virginia.
C. No licensee of the board shall knowingly
				permit a person under 21 years of age, nor one who has been disapproved by the
				board within the preceding 12 months, to act as designated manager of his
				business.
D. Notwithstanding the
				provisions of §
									4.1-225(1) (i)
				of the Code of Virginia, the board will not take action to suspend or revoke a
				retail license if a licensee knowingly employs a person who has been convicted
				in any court of a felony or of any crime or offense involving moral turpitude,
				except in the following two categories:
1. The
				board may suspend or revoke a license if a licensee knowingly employs in the
				business conducted under such license, as agent, servant, or employee, in a
				position that is involved in the selling or serving of alcoholic beverages to
				customers, any person who has been convicted of a felony violation of the laws
				of the Commonwealth prohibiting the manufacture, sale, distribution, use, or
				possession of controlled substances, imitation controlled substances,
				counterfeit controlled substances, marijuana, or synthetic cannabinoids;
				driving under the influence of alcohol or other self-administered intoxicants;
				or a similar offense under the laws of any state, or the United States;
				or
2. The board may suspend or
				revoke a license if a licensee knowingly employs in the business conducted
				under such license, as agent, servant, or employee, in a position that is
				involved in the creation or maintenance of records required to be kept by the
				licensee under the provisions of Title 4.1 of the Code of Virginia or board
				regulations, or in the preparation or filing of any tax return or report
				required under Title 4.1 or Title 58.1 of the Code of Virginia or board
				regulations, any person who has been convicted of a felony violation of the
				laws of the Commonwealth prohibiting robbery, burglary, larceny, embezzlement,
				computer crimes, forgery, false pretenses, issuing bad checks, false
				representations to obtain property or credit, credit card forgery or fraud, or
				money laundering, or a similar offense under the laws of any state, or the
				United States.