City of Colonial Heights, VA Alcoholic Beverages

As provided in Virginia Code §§ 4.1-222.A.3 and 4.1-230.B, the Alcoholic Beverage Control Board shall notify the City Attorney, who shall notify the members of Council and the Chief of Police, of any application for a license pursuant to Chapters 1 and 2 of Title 4.1 of the Code of Virginia (1950), as amended.

Whenever the place to be occupied by the applicant under the license is neither public property nor to be open to public access or view, it shall be presumed that the Council has no objection to the issuance of the license unless a member of Council or the Chief of Police files written objection with the City Attorney within five working days of receipt by the City Attorney of the notice of the application.

[Added 9-8-1992 by Ord. No. 92-29; amended 7-8-2008 by Ord. No. 08-18; 4-10-2018 by Ord. No. 18-2]

No person shall possess any open alcoholic beverage container on any public street.

No person shall possess any open alcoholic beverage container or consume any alcoholic beverage on other City-owned property unless the person obtains the appropriate permit from the City Manager. A person seeking to obtain a permit allowing the possession of an open alcoholic beverage container, or its consumption, on City-owned property shall obtain the appropriate application from the Recreation and Parks Department; and once completed, submit the application to the Department. The Director of the Department, and a committee of City employees which he chairs, shall review the completed application; discuss the request with the applicant if the committee deems such discussion appropriate; recommend to the City Manager whether to approve the application; and if the committee recommends approval, specify those conditions it deems appropriate for the City Manager to give his approval. If the City Manager approves the application with the specified conditions, he shall issue the applicant a permit authorizing the opening of beer or wine containers, or both, and the serving and consuming of beer, wine, or both, but no other type of alcoholic beverage.

The committee referenced in Subsection B of this section shall not recommend the approval of a permit, and the City Manager shall not approve a permit, unless all of the following conditions are met:

(1)

The applicant pays a $100 nonrefundable application fee and submits a completed application to the Recreation and Parks Department at least 90 days before the event;

(2)

At least 30 days before the event, the applicant provides the Recreation and Parks Department with proof of at least $1,000,000 in liability insurance coverage for the event and a certificate naming the City as an additional insured. Also, each event vendor shall, at least 30 days before the event, provide the Department with certificates of insurance naming the City as an additional insured;

(3)

At least 30 days before the event, the applicant provides the Recreation and Parks Department with a copy of any required Commonwealth of Virginia Alcoholic Beverage Control permit;

(4)

At least 30 days before the event, the applicant pays all fees which the committee determines are needed to pay for security or other functions that City employees shall provide;

(5)

At least 30 days before the event, each food vendor submits to the Recreation and Parks Department a permit from an appropriate governmental entity allowing the vendor to sell food;

(6)

The applicant specifies the City-owned property where the event will be held and provides the Recreation and Parks Department with a map depicting the location on the property of vendors and activities;

(7)

No alcoholic beverages other than beer, wine, or both, shall be opened or consumed at the event; and

(8)

The applicant complies with any other requirements that the committee or the City Manager impose.

The City Manager's decision whether to approve a permit shall be final and not subject to appeal.

If the City Manager approves a permit, and subsequently receives credible information that the approved event will not be conducted according to the conditions that this section specifies, he may, in his sole discretion, rescind his approval and disapprove the event.

Violation of this section shall constitute a misdemeanor punishable by a fine not to exceed $250.