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Code of Virginia

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Code of Virginia
Title 35.1. Hotels, Restaurants, Summer Camps, and Campgrounds
Subtitle .
Chapter 3. Licenses; Inspections
3/10/2025

Chapter 3. Licenses; Inspections.

§ 35.1-18. License required; name in which issued; not assignable or transferable.

No person shall own, establish, conduct, maintain, manage, or operate any hotel, restaurant, summer camp, or campground in this Commonwealth unless the hotel, restaurant, summer camp, or campground is licensed as provided in this chapter. The license shall be in the name of the owner or lessee. No license issued hereunder shall be assignable or transferable. The Board shall not issue a license to the owner or lessee of any hotel, summer camp or campground in this Commonwealth that maintains, or conducts as any part of its activities, a nudist camp for juveniles. A "nudist camp for juveniles" is defined to be a hotel, summer camp or campground that is attended by openly nude juveniles whose parent, grandparent, or legal guardian is not also registered for and present with the juvenile at the same camp.

Code 1950, §§ 35-22, 35-26, 35-44; 1981, c. 468; 2004, c. 987.

§ 35.1-19. Person deemed responsible for campground.

In the event that the Commissioner or his designee cannot establish which person is responsible for a campground, the owner of the parcel of land upon which the campground lies shall be deemed to be the person responsible for obtaining a license and meeting the requirements of this title and the applicable rules and regulations for retaining a license.

1981, c. 468.

§ 35.1-20. Issuance and denial of licenses.

The Commissioner shall issue a license for each hotel, restaurant, summer camp, and campground which, after inspection, is found to be in compliance with all applicable regulations and provisions of this title. The Commissioner shall notify by certified mail any applicant denied a license of the reasons for such denial.

1981, c. 468.

§ 35.1-21. Display of hotel, restaurant, summer camp, and campground licenses.

A. As used in this section, "mobile food unit" means a restaurant that is mounted on wheels and readily moveable from place to place at all times during operation.

B. The license of each hotel, restaurant, summer camp, and campground issued pursuant to this chapter shall be prominently displayed.

C. The Department shall issue a license in the form of a sticker to a restaurant that is a mobile food unit that meets the requirements of this chapter, which license shall be prominently displayed on the mobile food unit.

Code 1950, § 35-26; 1981, c. 468; 2017, c. 281.

§ 35.1-22. Periodic inspections.

The Commissioner shall cause each restaurant, summer camp, and campground in the Commonwealth to be inspected at least annually, with no more than 12 months elapsing between each such inspection, in accordance with applicable provisions of this title and the regulations of the Board. However, no restaurant, summer camp, or campground shall receive additional inspections until all other restaurants, summer camps, or campgrounds in that locality, as defined in § 15.2-102, respectively, have also been inspected, unless the additional inspections are (i) necessary to follow up on a preoperational inspection or one or more violations; (ii) required by a uniformly applied risk-based schedule established by the Department; (iii) necessary to investigate a complaint regarding the restaurant, summer camp, or campground; or (iv) otherwise deemed necessary by the Commissioner or his designee to protect the health and safety of the public.

The Commissioner, as he deems appropriate, shall cause each hotel in the Commonwealth to be inspected in accordance with applicable provisions of this title and the regulations of the Board. However, no hotel shall receive additional inspections until all other hotels in that locality, as defined in § 15.2-102, have also been inspected, unless the additional inspections are (a) necessary to follow up on a preoperational inspection or one or more violations, (b) required by a uniformly applied risk-based schedule established by the Department, (c) necessary to investigate a complaint regarding the hotel, or (d) otherwise deemed necessary by the Commissioner or his designee to protect the health and safety of the public.

If at any time the Commissioner finds that a hotel, restaurant, summer camp, or campground is not in compliance with applicable provisions of this title or regulations of the Board, he may revoke or suspend the license of that hotel, restaurant, summer camp, or campground.

Code 1950, §§ 35-4, 35-6, 35-7, 35-15, 35-23, 35-46, 35-47, 35-51, 35-56; 1981, c. 468; 1996, cc. 200, 834; 2016, c. 581; 2017, c. 465.

§ 35.1-23. State institutions with dining accommodations to request inspections.

The head of every state institution with dining accommodations shall request the Commissioner to inspect such dining accommodations not less often than annually. Upon receipt of any such request, the Commissioner shall cause the dining accommodations to be so inspected and a report to be filed with the institution.

1981, c. 468.

§ 35.1-24. Advice and assistance to applicants for hotel and restaurant licenses.

The Commissioner may provide for consultative advice and assistance, within such limitations and restrictions as he deems proper, to any person who applies for a license provided for in this chapter.

1981, c. 468.