4.1-211 - Temporary licenses. - Virginia Statutes

§ 4.1-211. Temporary licenses.

Notwithstanding subsection D of § 4.1-203, the Board may grant a temporarylicense to any of the licensed retail operations authorized by §§ 4.1-206through 4.1-210. A temporary license may be granted only after an applicationhas been filed in accordance with the provisions of § 4.1-230 and in caseswhere the sole objection to granting a license is that the establishment willnot be qualified in terms of the sale of food. If a temporary license is notgranted, the applicant is entitled to a hearing on the issue ofqualifications. The decision to refuse to grant a temporary license shallnot be subject to a hearing.

If a temporary license is granted, the Board shall conduct an audit of thebusiness after a reasonable period of operation not to exceed 180 days. Ifthe audit indicates that the business is qualified, the license applied formay be granted. If the audit indicates that the business is not qualified,the applicant is entitled to a hearing. No further temporary license shallbe granted to the applicant or to any other person at that location for aperiod of one year from expiration and, once the application becomes thesubject of a hearing, no temporary license may be granted.

A temporary license may be revoked summarily by the Board for any cause setforth in § 4.1-225 without complying with subsection A of § 4.1-227.Revocation of a temporary license shall be effective upon service of theorder of revocation upon the licensee or upon the expiration of threebusiness days after the order of the revocation has been mailed to thelicensee either at his residence or the address given for the business in thelicense application. No further notice shall be required.

(Code 1950, § 4-34; 1972, c. 178; 1974, c. 460; 1980, c. 524; 1984, c. 180;1993, c. 866.)