Agencies | Governor
Virginia Regulatory Town Hall
Agency
Virginia Alcoholic Beverage Control Authority
Board
Virginia Alcoholic Beverage Control Board of Directors
chapter
Retail Operations [3 VAC 5 ‑ 50]
Action:
New regulation regulating noise emanating from licensed establishments
[Withdrawn 6/5/2008]
 
Reason for Withdrawal
The Alcoholic Beverage Control Board has that the goal of this action may be better met through local noise ordinances.
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.
Exempt from APA No, this action is not exempt from Article II of the APA and executive branch review.
RIS Project Yes  [001048]
Note This action is not intended to satisfy the requirement that an entire regulation be reviewed every 4 years.
 
Stages
Stages associated with this regulatory action.
Stage ID Stage Type Status
4391 NOIRA Stage withdrawn on 6/5/2008 after the comment period had ended.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: jeffrey.painter@abc.virginia.gov
Phone: (804)213-4621    FAX: (804)213-4411    TDD: (804)213-4687