(Effective October 1, 2026) Notice and hearings for refusal to grant retail tobacco permits; Administrative Process Act; exceptions

A. The action of the Board in granting or refusing to grant any retail tobacco permit shall be subject to review in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), except as provided in subsections B and C. Review shall be limited to the evidential record of the proceedings provided by the Board. Both the petitioner and the Board shall have the right to appeal to the Court of Appeals from any order of the court.

B. The Board may refuse a hearing on any application for the granting of any retail tobacco permit, provided that the:

1. Permit for the applicant was refused or revoked within a period of 12 months;

2. Permit for any premises was refused or revoked at such premises within a period of 12 months;

3. Applicant, within the immediately preceding 12 months, has allowed his retail tobacco permit to expire for nonpayment of the retail tobacco permit fee and, at the time of the expiration of such permit, there was a pending and unadjudicated charge, either before the Board or in any court, against the retail tobacco permittee alleging a violation of this article; or

4. Applicant received a restricted retail tobacco permit pursuant to subsection C of § 4.1-252 and reapplies for a lesser-restricted retail tobacco permit at the same location within 12 months of the date of the issuance of the restricted retail tobacco permit.

C. If an applicant has permitted a retail tobacco permit to expire for nonpayment of the retail tobacco permit fee, and at the time of expiration there remained unexecuted any period of suspension imposed upon the retail tobacco permittee by the Board, the Board may refuse a hearing on an application for a new retail tobacco permit until after the date on which the suspension period would have been executed had the retail tobacco permit not have been permitted to expire.

2026, cc. 1021 , 1044 .