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Alcoholic Beverage Control Act

P Passed

P HB416

Alcoholic beverage control; local taxes on alcoholic beverages. Provides that no provision of law, general or special, shall authorize any county, city or town to adopt any ordinance or resolution which imposes any tax on the sale of alcoholic beverages, except for certain local taxes enumerated in the bill. However, this shall not affect the authority of any locality to impose a license or privilege tax or fee on a business engaged in the sale of alcoholic beverages if such is based on a flat or percent fee or is an annual or privilege tax which includes alcoholic beverages and treats them the same as nonalcoholic beverages.

Patron - Reid

P HB747

Alcoholic beverage control; payment of taxes and fees by credit or debit cards. Authorizes the ABC Board to accept credit or debit cards in payment for the taxes, penalties or other fees imposed on a licensee. In addition, the Board may assess a service charge for the use of a credit or debit card. The service charge shall not exceed the amount negotiated and agreed to in a contract with the Department.

Patron - Cantor

P HB795

Alcoholic beverage control; annual mixed beverage amphitheater licenses. Creates a new annual mixed beverage amphitheater license issued by the ABC Board to persons operating food concessions at any outdoor performing arts amphitheater, arena or similar facility that has seating for more than 20,000 persons and is located in any county with a population between 210,000 and 216,000 (Prince William County) or in any city with a population between 392,000 and 394,000 (Virginia Beach). Such license authorizes the licensee to sell alcoholic beverages during the performance of any event, in paper, plastic or similar disposable containers to patrons within all seating areas, concourses, walkways, concession areas, or similar facilities, for on-premises consumption. The bill also provides for the payment of a state and local license tax. The bill contains technical amendments. The bill also provides that individuals who hold a brewery license to operate a facility designed for and utilized exclusively for the education of persons in the manufacture of beer, including sampling of such products, within a theme or amusement park located on the premises occupied by such brewery or upon contiguous property. Samples must be consumed on the premises and only by individuals to whom such products may be lawfully sold.

Patron - Wagner

P HB1078

Alcoholic beverage control; annual mixed beverage amphitheater licenses. Creates a new annual mixed beverage amphitheater license issued by the ABC Board to persons operating food concessions at any outdoor performing arts amphitheater, arena or similar facility that has seating for more than 5,000 persons and is located in any city with a population between 103,900 and 104,500 (Portsmouth). Such license authorizes the licensee to sell alcoholic beverages during the performance of any event, in paper, plastic or similar disposable containers to patrons within all seating areas, concourses, walkways, concession areas, or similar facilities, for on-premises consumption. Upon authorization of the licensee, any person may keep and consume his own lawfully acquired alcoholic beverages on the premises in all areas and locations covered by the license. The bill also provides for the payment of a state and local license tax. The bill contains technical amendments.

Patron - Melvin

P HB1093

Alcoholic beverage control; farm winery licenses. Divides farm winery licenses into two classifications, Class A or Class B, depending on (i) the percentage of fresh fruit or agricultural products used by the licensee in the production of wine and (ii) whether the licensee is required to grow the grapes/fruit on the property that constitutes the farm winery. With the Class A license, at least 51 percent of the agricultural product must be grown or produced on the farm (in Virginia). With the Class B farm winery license, 75 percent of the agricultural products used must be grown or produced in Virginia; however this license allows the licensee to enter into agreements for the purchase of grapes or other fruits from agricultural growers in Virginia. The bill provides for the state license tax to be paid by the Class A farm winery licensee and the Class B farm winery licensee. The bill also provides that no Class B farm winery license shall be granted to any person who has not operated under an existing farm winery license for at least seven years.

Patron - Dudley

P HB1455

Alcoholic beverage control; hearings by the Alcoholic Beverage Control Board. Allows the ABC Board to deny a hearing when an applicant receives a restricted license and reapplies within twelve months of the date of the issuance of such license for a lesser-restricted license at the same location.

Patron - Jones, D.C.

P SB346

Alcoholic beverage control; local taxes on alcoholic beverages. Provides that no provision of law, general or special, shall authorize any county, city or town to adopt any ordinance or resolution which imposes any tax on the sale of alcoholic beverages, except for certain local taxes enumerated in the bill. However, this shall not affect the authority of any locality to impose a license or privilege tax or fee on a business engaged in the sale of alcoholic beverages if such is based on a flat or percent fee or is an annual or privilege tax which includes alcoholic beverages and treats them the same as nonalcoholic beverages.

Patron - Williams

P SB457

ABC; compensation of employees. Removes the prohibition against any person receiving a percentage of the income of a licensed business or to have any beneficial interest in such business. Current regulations specifically allow employees of retail wine and beer or beer only establishments to receive compensation based on the total volume of sales, including alcohol, but this does not apply to mixed beverage licensees.

Patron - Saslaw

P SB523

Alcoholic beverage control; refusal to grant license. Eliminates the one year residency requirement for wholesale beer and wine licenses and replaces it with a restatement of the tied house prohibitions. Under current law, the ABC Board must refuse to grant a license to any applicant for a wholesale beer or wine license who does not meet the one year residency requirement. The bill also requires the ABC Board to review certain wholesale licenses it issued to any manufacturer prior to July 1, 2000, in light of this change in law.

Patron - Mims

P SB591

Alcoholic beverage control; farm wineries. Increases from 14 to 18 percent the amount of alcohol per volume of wine that a farm winery may produce. The bill also contains technical amendments.

Patron - Norment

P SB769

Alcoholic beverage control; annual mixed beverage amphitheater licenses. Creates a new annual mixed beverage amphitheater license issued by the ABC Board to persons operating food concessions at any outdoor performing arts amphitheater, arena or similar facility that has seating for more than 5,000 persons and is located in any city with a population between 103,900 and 104,500 (Portsmouth). Such license authorizes the licensee to sell alcoholic beverages during the performance of any event, in paper, plastic or similar disposable containers to patrons within all seating areas, concourses, walkways, concession areas, or similar facilities, for on-premises consumption. Upon authorization of the licensee, any person may keep and consume his own lawfully acquired alcoholic beverages on the premises in all areas and locations covered by the license. The bill also provides for the payment of a state and local license tax. The bill contains technical amendments.

Patron - Lucas

P SB771

Alcoholic beverage control; farm winery licenses. Divides farm winery licenses into two classifications, Class A or Class B, depending on (i) the percentage of fresh fruit or agricultural products used by the licensee in the production of wine and (ii) whether the licensee is required to grow the grapes/fruit on the property that constitutes the farm winery. With the Class A license, at least 51 percent of the agricultural product must be grown or produced on the farm (in Virginia). With the Class B farm winery license, 75 percent of the agricultural products used must be grown or produced in Virginia; however this license allows the licensee to enter into agreements for the purchase of grapes or other fruits from agricultural growers in Virginia. The bill provides for the state license tax to be paid by the Class A farm winery licensee and the Class B farm winery licensee.

Patron - Reynolds

F Failed

F HB1193

Alcoholic beverage control; mixed beverage licenses. Authorizes the ABC Board to issue mixed beverage licenses to any establishments located on old Jonesboro Road between Routes 823 and 808, adjoining property owned by Virginia Intermont College, and located midway between a city having a population between 17,500 and 18,500 and a town having a population between 7,000 and 7,500 (Olde Farm Golf Club in Washington County).

Patron - Diamonstein

F HB1418

Alcoholic beverage control; local control. Clarifies that no ordinance adopted by a locality can regulate or prohibit the promotion or marketing of alcoholic beverages.

Patron - Katzen

C Carried Over

C HB1185

Alcoholic beverage control; suspension of licenses; imposition of penalties. Increases the civil penalty for a second violation of the ABC laws by a licensee from $2,500 to $5,000. Under this bill, the $5,000 penalty could be assessed by the ABC Board for a second or subsequent violation in lieu of or in addition to suspension of the license. Currently, the penalties for a second or subsequent violation are $2,500 and $5,000, respectively. The bill also contains a technical amendment.

Patron - Reid