4.1-126 - Licenses for establishments in national forests, certain adjoining lands, on the Blue Ridge Parkway, and certain other properties.
§ 4.1-126. Licenses for establishments in national forests, certain adjoininglands, on the Blue Ridge Parkway, and certain other properties.
A. Notwithstanding the provisions of § 4.1-124, mixed beverage licenses maybe granted to establishments located (i) on property owned by the federalgovernment in Jefferson National Forest, George Washington National Forest orthe Blue Ridge Parkway; (ii) at altitudes of 3,800 feet or more above sealevel on property adjoining the Jefferson National Forest; (iii) at analtitude of 2,800 feet or more above sea level on property adjoining the BlueRidge Parkway at Mile Marker No. 189; (iv) on property within one-quartermile of Mile Marker No. 174 on the Blue Ridge Parkway; (v) on propertydeveloped by a nonprofit economic development company or an industrialdevelopment authority; (vi) on old Jonesboro Road between Routes 823 and 654,located approximately 5,500 feet from the City of Bristol; (vii) on propertydeveloped as a motor sports road racing club, of which the track surface is3.27 miles in length, on 1,200 acres of rural property bordering the DanRiver in Halifax County, with such license applying to any area of theproperty deemed appropriate by the Board; (viii) at an altitude of 2,645 feetor more above sea level on land containing at least 750 acres used forrecreational purposes and located within two and one-half miles of the BlueRidge Parkway; (ix) on property fronting U.S. Route 11, with portionsfronting Route 659, adjoining the City of Bristol and located approximately2,700 feet north of mile marker 7.7 on Interstate 81; (x) on property boundedon the north by U.S. Route 11 and to the south by Interstate 81, and locatedbetween mile markers 8.1 and 8.5 of Interstate 81; and (xi) on propertyconsisting of at least 10,000 acres and operated as a resort located in anycounty with a population between 19,200 and 19,500.
B. In granting any license under clauses (iii) and (iv) of subsection A, theBoard shall consider whether the (i) voters of the jurisdiction in which theestablishment is located have voted by referendum under the provisions of §4.1-124 to prohibit the sale of mixed beverages and (ii) granting of alicense will give that establishment an unfair business advantage over otherestablishments in the same jurisdiction. If an unfair business advantage willresult, then no license shall be granted.
(1972, c. 304, § 4-98.12:2; 1976, c. 169; 1988, c. 63; 1992, c. 876; 1993,cc. 866, 954; 2001, cc. 461, 845; 2005, cc. 646, 689; 2006, c. 752; 2007, cc.469, 813.)