Virginia Regulatory Town Hall
Virginia Alcoholic Beverage Control Authority
Virginia Alcoholic Beverage Control Board of Directors
Retail Operations [3 VAC 5 ‑ 50]
New regulation regulating noise emanating from licensed establishments
Action 2518
[Withdrawn 6/5/2008]
General Information
Action Summary On August 2. 2007, Judge Walter D. Kelley, Jr., of the United States District Court for the Eastern District of Virginia entered a preliminary injunction, enjoining the Alcoholic Beverage Control Board and its agents from enforcing that portions of § 4.1-225of the Code of Virginia which prohibits alcoholic beverage licensees from allowing noisy conduct on licensed premises in Virginia. With enforcement of this Code section enjoined, the board has no provision of law or regulation to address noise issues on licensed premises. The judge found that the term “noisy” as used in the statute was unconstitutionally vague. The purpose of this action is to more clearly define the noise levels allowable on premises licensed for the sale of alcoholic beverages.
Chapters Affected Only affects this chapter.
Executive Branch Review This action will go through the normal Executive Branch Review process.
RIS Project Yes  [001048]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
4391 NOIRA Stage withdrawn on 06/05/2008 after the comment period had ended.
Contact Information
Name / Title: Jeffrey L. Painter  / Legislative and Regulatory Coordinator
Address: Post Office Box 27491
Richmond, VA 23261
Email Address:
Phone: (804)213-4621    FAX: (804)213-4411    TDD: (804)213-4687