Virginia Alcoholic Beverage Control Commission v. York Street Inn, Inc.

This is an appeal from a declaratory judgment reversing a decision of the Alcoholic Beverage Control Commission (Commission).

York Street Inn, Inc. (licensee), operates a full-service restaurant in Williamsburg and holds a license to serve alcoholic beverages. The restaurant was renovated in early 1976, and the game of backgammon was employed as part of the new motif. Pursuing this decorative scheme, licensee installed a 22-foot counter surfaced with five wood- inlaid backgammon boards. A local inspector for the Commission advised licensee that its new counter could not be used for the service…