3VAC5-50-40. Designated managers of licensees; appointment generally; disapproval by the authority; restrictions upon employment.
A. Each retail licensee, except a licensed individual who is on the premises, shall have a designated manager 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 designated manager must be able to understand and communicate in the English language in a reasonably satisfactory manner. The name of the retail licensee's designated manager shall be kept posted in a conspicuous place in the establishment, in letters not less than one inch in size, during the time the designated manager 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 Virginia Alcoholic Beverage Control Authority (authority).
B. The authority reserves the right to disapprove any person as a designated manager if it shall have reasonable cause to believe that any condition exists that would justify the authority in refusing to issue such person a license or in suspending or revoking a license granted to such person.
Before disapproving a designated manager, the authority shall accord such designated manager the same notice and 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 authority shall knowingly permit a person younger than 21 years of age, nor one who has been disapproved by the authority within the preceding 12 months, to act as designated manager of the licensee's business.
D. Notwithstanding the provisions of § 4.1-225 A 1 h of the Code of Virginia, the authority 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 authority 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, cannabis, 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 authority 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 authority 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 authority 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.
E. If a retail licensee wishes to employ a person whose employment would be covered by subdivision D 1 or D 2 of this section, or who has violated the laws of the Commonwealth, of any other state, or of the United States applicable to the manufacture, transportation, possession, use, or sale of alcoholic beverages, the licensee may (i) immediately employ the individual if the offenses occurred more than five years preceding the date of employment or (ii) apply to the authority for approval of such employment if the offense occurred within five years preceding the date of employment. The authority will cause the Bureau of Law Enforcement Operations to conduct an investigation into the suitability of the person for employment and recommend approval or disapproval. Before disapproving the employment of a person, the authority shall accord the person 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.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-5 § 4, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 7, Issue 4, eff. December 19, 1990; Volume 8, Issue 6, eff. January 15, 1992; Volume 9, Issue 6, eff. January 13, 1993; Volume 10, Issue 11, eff. March 23, 1994; Volume 25, Issue 11, eff. March 4, 2009; Volume 30, Issue 9, eff. January 29, 2014; Volume 41, Issue 11, eff. February 12, 2025.