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15102473D Be it enacted by the General Assembly of Virginia: 1. That § 4.1-126 of the Code of Virginia is amended and reenacted as follows: §4.1-126. Licenses for establishments in national forests, certain adjoining lands, on the Blue Ridge Parkway, and certain other properties. A. Notwithstanding the provisions of §4.1-124, mixed beverage 
 licenses may be granted to establishments located (i) on property owned by the 
 federal government in Jefferson National Forest, George Washington National 
 Forest or the Blue Ridge Parkway; (ii) at altitudes of 3,800 feet or more above 
 sea level on property adjoining the Jefferson National Forest; (iii) at an 
 altitude of 2,800 feet or more above sea level on property adjoining the Blue 
 Ridge Parkway at Mile Marker No. 189; (iv) on property within one-quarter mile 
 of Mile Marker No. 174 on the Blue Ridge Parkway; (v) on property developed by 
 a nonprofit economic development company or an industrial development 
 authority; (vi) on old Jonesboro Road between Routes 823 and 654, located 
 approximately 5,500 feet from the City of Bristol; (vii) on property developed 
 as a motor sports road racing club, of which the track surface is 3.27 miles in 
 length, on 1,200 acres of rural property bordering the Dan River in Halifax 
 County, with such license applying to any area of the property deemed appropriate 
 by the Board; (viii) at an altitude of 2,645 feet or more above sea level on 
 land containing at least 750 acres used for recreational purposes and located 
 within two and one-half miles of the Blue Ridge Parkway; (ix) on property 
 fronting U.S. Route 11, with portions fronting Route 659, adjoining the City of 
 Bristol and located approximately 2,700 feet north of mile marker 7.7 on 
 Interstate 81; (x) on property bounded on the north by U.S. Route 11 and to the 
 south by Interstate 81, and located between mile markers 8.1 and 8.5 of 
 Interstate 81; (xi) on property consisting of at least 10,000 acres and 
 operated as a resort located in any county with a population between 19,200 and 
 19,500; (xii) on property located as of December 1, 2012, within the Montgomery 
 County Route 177 Urban Development Area, which area is adjacent to Exit 109 on 
 Interstate 81; (xiii) on property fronting Route 603, with portions fronting on 
 Interstate 81, located approximately 1,100 feet from the intersection of Route 
 603 and Interstate 81 at Exit 128; (xiv) on property located south of and 
 within 1,400 feet of Interstate 81 between mile markers 38.8 and 39.5; (xv) on 
 property bounded on the north by Interstate 81, on the west and south by State 
 Route 691, and on the east by State Route 689; (xvi) on property located south 
 of and within 1,500 feet of Interstate 81 between mile markers 44 and 44.4; 
 (xvii) on property within 1,500 feet of Interstate 81 on either frontage road 
 between mile markers 75 and 86 in the County of Wythe; (xviii) on property 
 within the boundary of any town incorporated in 1875 located adjacent to the 
 intersection of Interstate 81 and Route 91; (xix) on property adjacent to the 
 intersection of U.S. Route 220 North and State Route 57, operated as a country 
 club as of December 31, 1926, in Henry County; (xx) on property adjacent to 
 Lake Lanier, operated as a country club as of December 31, 1932, in Henry 
 County; B. In granting any license under clauses (iii) and (iv) of subsection A, the Board shall consider whether the (i) voters of the jurisdiction in which the establishment is located have voted by referendum under the provisions of §4.1-124 to prohibit the sale of mixed beverages and (ii) granting of a license will give that establishment an unfair business advantage over other establishments in the same jurisdiction. If an unfair business advantage will result, then no license shall be granted.  |