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Official Opinions


April 2006 Opinions
Please click on Opinion number to view entire opinion.

Opinion # Requestor


06-019 The Honorable Robert S. Bloxom
Secretary of Agriculture and Forestry
Authority for Virginia Alcoholic Beverage Control Board to issue wholesale wine license to cooperative wholesaler; license is not prohibited provided cooperative wholesaler is not ‘owned, in whole or in part, by any manufacturer of alcoholic beverages, any subsidiary or affiliate of such manufacturer or any person under common control with such manufacturer. Decision regarding what constitutes ‘common control’ is factual determination for Board. Act does not prohibit farm winery from leasing portion of its premises or from leasing equipment to such wholesaler for use in its business or from employing same persons as wholesaler. Statutes and regulations that apply to other wholesalers also apply to cooperative wholesalers composed of persons associated with farm wineries.

The Honorable Lon E. Farris
Judge, Thirty-First Judicial
Circuit of Virginia

Initial appeal of district court order of civil commitment to circuit court for trial de novo is appeal of right granted and governed by statute. Person aggrieved by decision of circuit court from initial commitment hearing may appeal to Virginia Supreme Court. No affirmative duty for circuit court judge to inform individual of right to appeal; judge must appoint attorney for appeal to Virginia Supreme Court if individual does not have private counsel.
06‑022 Mr. Stanley K. Bowker
Executive Secretary,
Virginia Racing Commission
Act requires Colonial Downs to designate sufficient non-smoking areas to meet customer demand in VIP dining rooms of its satellite wagering facilities.
 06‑034 John T. Casteen, III
President, University of Virginia
No authority granted to University of Virginia’s Board of Visitors to require that minimum or living wage be paid by private contractors and vendors to their employees. Virginia Public Procurement Act does not authorize requirement of living wage in public procurement process.