The Foxfield Races are one of the University's most cherished traditions. They are both a rite of spring and a rite of passage for many students. Unfortunately, the University community is in danger of losing Foxfield. This summer, the Virginia Alcoholic Beverage Control Board served notice on the Foxfield Racing Association that it would hold a hearing on Sept. 12 to decide whether to revoke Foxfield's liquor license.
Foxfield has a long history of administrative hassles with VABC. Up until 1999, Foxfield operated under a "banquet license" from VABC. This license allowed Foxfield to sell or distribute alcoholic beverages. Foxfield never exercised this right, and instead patrons brought their own alcohol. But in 1999, Foxfield's banquet license was replaced by a new category, the "equine sporting event license." This newly-created license allows visitors to Foxfield to consume lawfully acquired alcoholic beverages on the premises during the race. VABC is now threatening to revoke this license.
Among many fans of Foxfield, there is a misperception that losing a liquor license will have no effect on the races, because patrons bring their own alcohol. But note the difference between the old and new license. The banquet license regulates the sale and distribution of alcohol, while the equine license regulates the consumption of alcohol at a horse race. If Foxfield lost its current license, it would be possible for VABC to prohibit all alcohol consumption at the racetrack.
In its complaint, VABC has alleged that Foxfield has broken several sections of the legal Code of Virginia with respect to sale, distribution and consumption of alcoholic beverages. One section of the law -- 4.1-222 (A)(2)(b) -- allows VABC to revoke a license if the establishment or racetrack "is so located that granting a license would result in violations of the laws of the Commonwealth or local ordinances relating to peace and good order."
Virginia court decisions have held that there must be a connection between the violations and the location of the establishment for VABC to revoke a license. The location must have been a relevant cause of the violations and disturbances of the peace. However, these violations must be extremely serious to merit the revocation of a license.
In Ivory's Restaurant v VABC, the court ruled that multiple shootings, assaults and other such forms of violence were adequate grounds to revoke a license. In the case of Muse v VABC, the court revoked a liquor license of a pharmacy that sold alcoholic beverages next to a street corner where numerous arrests for drunk and disorderly conduct were made. And the court upheld the revocation of a liquor license following an outdoor music festival that resulted in eight injuries, one stabbing and two gunshot victims in the case of Fever's Restaurant & Lounge v. VABC. Clearly, the offenses alleged at Foxfield pale in comparison to the repeated violent crimes that led to the revocation of these other liquor licenses.
Furthermore, VABC has tried to use police citations for indecent exposure and public urination as grounds to revoke the license. The Board has charged Foxfield with a violation of Section 4.1-225(4). This regulation allows VABC to revoke a license whenever "the licensee, his employees, or any entertainer performing on the licensed premises has been convicted of a violation of a local public nudity ordinance."
The clear intent of this section is to revoke the liquor license of strip clubs, burlesque houses and other establishments that engage in acts of public nudity. But neither Foxfield nor its employees engage in such behavior. And under no circumstances would a drunken student urinating on a sport-utility-vehicle be designated as an "entertainer." In this case, VABC has charged Foxfield with breaking a law that has not been violated.
Fortunately, VABC must base its decision on these allegations, and only these allegations. The Virginia Court of Appeals held in the case Atkinson v. VABC that the Board must notify a license holder of the specific reasons for a proposed suspension or revocation, so that the license holder may be able to provide an adequate defense. Therefore, VABC may not suspend or revoke a license for a violation that has not been charged. Any attempt by VABC to raise other issues or complaints, such as allegations of gambling, expired license tags or illegal marijuana use, is a violation of judicial precedent.
There is still time for students to voice their support for the Foxfield Races. Student Council representatives are circulating a petition to save Foxfield. The Inter-Fraternity Council is getting involved. And students are encouraged to attend the VABC hearing on Foxfield's license. The hearing will be held Thursday, Sept. 12 at 1 p.m. at the Northside Public Library in the Albemarle Square Shopping Center. By working together, we can save this cherished University tradition.
(Wyeth Ruthven is a second-year
Law School student.)
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