Virginia Law

The Board may suspend or revoke any retail tobacco permit if it has reasonable cause to believe that:

1. The retail tobacco permittee, or if the retail tobacco permittee is a partnership, any general partner thereof, or if the retail tobacco permittee is an association, any member thereof, or any limited partner of 10 percent or more with voting rights, or if the retail tobacco permittee is a corporation, any officer, director, or shareholder owning 10 percent or more of its capital stock, or if the retail tobacco permittee is a limited liability company, any member-manager or any member owning 10 percent or more of the membership interest of the limited liability company:

a. Has misrepresented a material fact in applying to the Board for such retail tobacco permit;

b. Within the five years immediately preceding the date of the hearing held in accordance with § 4.1-250, has (i) been convicted of a violation of any law, ordinance, or regulation of the Commonwealth, of any locality in the Commonwealth, of any state, or of the United States applicable to the manufacture, transportation, possession, use, or sale of retail tobacco products; (ii) violated any provision of this article; (iii) violated or failed or refused to comply with any regulation, rule, or order of the Board; (iv) failed or refused to comply with any of the conditions or restrictions of the retail tobacco permit granted by the Board; or (v) violated, failed, or refused to comply with Article 4 (§ 4.1-355 et seq.) of Chapter 3;

c. Has been convicted in any court of a felony or of any crime or offense involving moral turpitude under the laws of any state or of the United States;

d. Is not the legitimate owner of the business conducted under the retail tobacco permit granted by the Board, or other persons have ownership interests in the business that have not been disclosed;

e. Cannot demonstrate financial responsibility sufficient to meet the requirements of the business conducted under the retail tobacco permit granted by the Board;

f. Has been intoxicated or under the influence of some self-administered drug while upon the permitted premises;

g. Subsequent to the granting of his original retail tobacco permit, has demonstrated by his police record a lack of respect for law and order;

h. Is physically unable to carry on the business conducted under such retail tobacco permit or has been adjudicated incapacitated;

i. Has possessed any illegal gambling device, as defined in § 18.2-325, upon the permitted premises;

j. Has upon the permitted premises (i) illegally possessed, distributed, sold, or used or has knowingly allowed any employee or agent, or any other person, to illegally possess, distribute, sell, or use marijuana, controlled substances, imitation controlled substances, drug paraphernalia, or controlled paraphernalia as those terms are defined in Articles 1 (§ 18.2-247 et seq.) and 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2 and the Drug Control Act (§ 54.1-3400 et seq.); (ii) laundered money in violation of § 18.2-246.3; or (iii) conspired to commit any drug-related offense in violation of Article 1 or 1.1 of Chapter 7 of Title 18.2 or the Drug Control Act. The provisions of this subdivision shall also apply to any conduct related to the operation of the permitted business that facilitates the commission of any of the offenses set forth herein;

k. Has failed to take reasonable measures to prevent (i) the permitted premises, (ii) any premises immediately adjacent to the permitted premises that are owned or leased by the retail tobacco permittee, or (iii) any portion of public property immediately adjacent to the permitted premises from becoming a place where patrons of the establishment commit criminal violations of Article 1 (§ 18.2-30 et seq.), 2 (§ 18.2-38 et seq.), 2.1 (§ 18.2-46.1 et seq.), 2.2 (§ 18.2-46.4 et seq.), 3 (§ 18.2-47 et seq.), 4 (§ 18.2-51 et seq.), 5 (§ 18.2-58 et seq.), 6 (§ 18.2-59 et seq.), or 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2; Article 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2; Article 3 (§ 18.2-346 et seq.) or 5 (§ 18.2-372 et seq.) of Chapter 8 of Title 18.2; or Article 1 (§ 18.2-404 et seq.), 2 (§ 18.2-415), or 3 (§ 18.2-416 et seq.) of Chapter 9 of Title 18.2, and such violations lead to arrests that are so frequent and serious as to reasonably be deemed a continuing threat to public safety; or

l. Has failed to take reasonable measures to prevent an act of violence resulting in death or serious bodily injury, or a recurrence of such acts, from occurring on (i) the permitted premises, (ii) any premises immediately adjacent to the permitted premises that is owned or leased by the retail tobacco permittee, or (iii) any portion of public property immediately adjacent to the permitted premises.

2. The place occupied by the retail tobacco permittee:

a. Does not conform to the requirements of the governing body of the locality in which such establishment is located with respect to sanitation, health, construction, or equipment or to any similar requirements established by the laws of the Commonwealth or by Board regulations;

b. Has been adjudicated a common nuisance under the provisions of this subtitle or § 18.2-258; or

c. Has become a meeting place or rendezvous for illegal gambling, illegal users of narcotics, drunks, prostitutes, pimps, panderers, or habitual law violators or has become a place where illegal drugs are regularly used or distributed. The Board may consider the general reputation in the community of such establishment in addition to any other competent evidence in making such determination.

3. The retail tobacco permittee or any employee of the retail tobacco permittee discriminated against any member of the Armed Forces of the United States by prices charged or otherwise.

4. Any cause exists for which the Board would have been entitled to refuse to grant such retail tobacco permit had the facts been known.

5. The retail tobacco permittee is delinquent for a period of 90 days or more in the payment of any taxes, or any related penalties or interest, lawfully imposed by the locality where the permitted business is located, as certified by the treasurer, commissioner of the revenue, or finance director of such locality, unless (i) the outstanding amount is de minimis; (ii) the retail tobacco permittee has pending a bona fide application for correction or appeal with respect to such taxes, penalties, or interest; or (iii) the retail tobacco permittee has entered into a payment plan approved by the same locality to settle the outstanding liability.

6. The Board, the Department of Taxation, or investigators with the Office of the Attorney General found that the retail tobacco permittee (i) exceeded the legal volume limits set by § 58.1-1017.1 during the prior year or (ii) committed any violation of § 59.1-293.20.

7. Investigators with the Office of the Attorney General seized cigarette inventory pursuant to § 2.2-509.1 from the retail tobacco permittee during the prior year.

8. Any other cause authorized by this article.

2026, c. 1021, 1044.