3VAC5-50-70. Restrictions on construction, arrangement and lighting of licensed premises; inspections; obstruction; "reasonable hours".
A. The construction, arrangement, and illumination of the dining areas and designated areas and the seating arrangements of a licensed establishment shall be such as to permit ready access and reasonable observation by law-enforcement officers and by special agents of the Virginia Alcoholic Beverage Control Authority (authority). The interior lighting shall be sufficient to permit ready discernment of the appearance and conduct of patrons in all portions of such areas.
B. The authority and its special agents shall be allowed free access during reasonable hours to every place in the Commonwealth where alcoholic beverages are manufactured, bottled, stored, offered for sale, or sold for the purpose of examining and inspecting such place.
C. In addition to special agents, other law-enforcement officers in the performance of their official duties shall be allowed free access to any retail licensed establishment for the purpose of observation of activities on those licensed premises during reasonable hours.
D. Any person who by use of threats, force, or intimidation or otherwise impedes or obstructs any special agent or other law-enforcement officer in the performance of the agent's or officer's official duties from entering or remaining upon any licensed establishment shall be guilty of a violation of this chapter and shall be subject to the penalty prescribed by § 4.1-349 of the Code of Virginia.
E. For the purposes of this regulation, the term "reasonable hours" shall be deemed to include all business hours of operation and any other time at which there exists any indication of activity upon the licensed premises.
Statutory Authority
§§ 4.1-103, 4.1-111, 4.1-204, 4.1-222 and 4.1-325 of the Code of Virginia.
Historical Notes
Derived from VR125-01-5 § 7, 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 41, Issue 11, eff. February 12, 2025.