Alcoholic Beverage Control Act

Passed

P HB113

Alcoholic beverage control; purchasing alcoholic beverages for one to whom they may not be sold; suspension of driver's license. Provides that any person found guilty of purchasing alcoholic beverages for one to whom they may not be sold (i.e., a person intoxicated, interdicted or underaged) shall have his license to operate a motor vehicle suspended for a period of not more than one year. Currently, suspension of a driver's license in these instances is discretionary. HB 1207 is incorporated into this bill.
Patron - Albo

P HB321

Alcoholic beverage control; wine and beer licenses; limited service hotel. Provides that with regard to a hotel classified by the Alcoholic Beverage Control Board as a limited service hotel, the ABC Board may authorize the sale and consumption of alcoholic beverages in dining areas, private guest rooms, and other designated areas to persons to whom overnight lodging is being provided, for on-premises consumption in such rooms or areas, and without regard to the amount of gross receipts from the sale of food prepared and consumed on the premises, provided that at least one meal is provided each day by the hotel to such guests.
Patron - Albo

P HB512

Alcoholic beverage control; wine and beer licenses; tastings. Provides that persons granted on-premises and on-and off-premises wine and beer licenses may conduct wine or beer tastings sponsored by the licensee for its customers for on-premises consumption. Such licensees may sell or give samples of wine and beer in designated areas at events held by the licensee for the purpose of featuring and educating the consuming public about the product being tasted. Additionally wine and beer wholesalers, farm wineries, wineries, and breweries may participate in the tastings held by the licensee, including the pouring of samples to any person to whom alcoholic beverages may be lawfully sold. Samples of wine shall not exceed two ounces per person. Samples of beer shall not exceed four ounces per person. The bill contains technical amendments.
Patron - Armstrong

P HB601

Alcoholic beverage control; state license taxes for wholesale wine licensees. Creates a separate state license tax category for wholesale wine licensees selling 30,000 gallons of wine or less per year. As a result the state license tax for all wholesale wine licensees is broken down as follows: $185 for any wholesaler who sells 30,000 gallons of wine or less per year, $930 for any wholesaler who sells more than 30,000 but not more than 150,000 gallons of wine per year, $1,430 for any wholesaler who sells more than 150,000 but not more than 300,000 gallons of wine per year, and $1,860 for any wholesaler who sells more than 300,000 gallons of wine per year. The bill also removes language held to be unconstitutional, including the privilege of self-delivery for certain retail licensees and certain privileges for brewery licensees.
Patron - Albo

P HB648

Alcoholic beverage control; operation of government stores by agents of the Alcoholic Beverage Control Board. Authorizes the ABC Board to appoint the holder of a distiller's license or its officers and employees as agents of the Board for the sale of spirits manufactured by the licensee at government stores established by the Board upon the distiller's licensed premises. Such agents shall sell the spirits in accordance with ABC law, Board regulations, and the terms of the agency agreement between the Board and the distiller. The bill also requires the distiller to have grown at least 51 percent of the agricultural products used for the manufacture of the spirits.
Patron - Scott, E.T.

P HB1208

Alcohol beverage control; home exemption. Requires a guest to be 21 years of age or older or to be accompanied by his parent, guardian, or spouse in order to be served alcohol in the home of another. This bill is identical to SB 396.
Patron - Moran

P HB1210

Alcohol beverage control; underage purchase or possession. Makes it a mandatory six-month suspension of the person's driver's license for a person age 18 or older to whom an alcoholic beverage may not lawfully be sold to purchase, consume or possess alcohol in violation of § 4.1-304. HB 114 is incorporated into this bill.
Patron - Moran

P HB1448

Alcoholic beverage control; wine and beer licenses; certain restaurant licenses. Provides that for facilities registered with the State Corporation Commission as continuing care communities that are also licensed by the Board, any resident may, upon authorization of the licensee, keep and consume his own lawfully acquired alcoholic beverages on the premises in all areas covered by the license.
Patron - Watts

P SB100

Alcoholic beverage control; alcohol vaporizing devices prohibited; penalty. Prohibits any person from purchasing, offering for sale, selling or using or offering for use any vaporized form of an alcoholic beverage produced by an alcohol vaporizing device, including licensees of the Alcoholic Beverage Control Board. Any person convicted of a violation of this section shall be guilty of a Class 1 misdemeanor. The bill defines alcohol vaporizing device as any device, machine, or process that mixes any alcoholic beverages with pure oxygen or other gas to produce a vaporized product for the purpose of consumption by inhalation.
Patron - Blevins

P SB327

Alcoholic beverage control; mixed beverage restaurant licenses. Provides that "other designated areas" where a mixed beverage restaurant licensee may sell and serve mixed beverages includes outdoor dining areas, whether or not contiguous to the licensed premises, provided such areas are under the control of the licensee and approved by the Board. Currently other designated areas must be on the premises of the restaurant.
Patron - Wagner

P SB386

Alcoholic beverage control; motor car sporting event license. Allows the Virginia Alcoholic Beverage Control Board to grant motor car sporting event licenses to allow for the consumption of lawfully acquired alcoholic beverages on the premises of the licensee during such events. Alcoholic beverages shall not be sold or charged for in any way by the licensee. This bill also provides for a $130 state tax and a $10 local tax for such license.
Patron - McDougle

P SB396

P SB496

Alcoholic beverage control; authority of Alcoholic Beverage Control Board; issuance of mixed beverage licenses. Clarifies an ambiguity in the law concerning the issuance of mixed beverage licenses to establishments on property developed by an industrial development authority.
Patron - Puckett

P SB685

Alcoholic beverage control; permissible conduct by manufacturers and wine or beer wholesalers; tastings; service items and novelties. Authorizes manufacturers of alcoholic beverages and wine or beer wholesalers or their authorized representatives to conduct tastings under certain conditions as part of the privileges of their respective licenses. The bill requires a permit for the authorized representatives. The bill also authorizes (i) any manufacturer to sell service items bearing alcoholic beverage brand references to on-premises retail licensees, (ii) any employee of any alcoholic beverage manufacturer or wholesaler to distribute to retail licensees and their employees novelties and specialties valued at $10 or less and that bear alcoholic beverage advertising, iii) any retail on-premises wine or beer licensee, his employee or agent to offer for sale or sell for one price a flight of wines or beers of no more than five different wines or beers, and (iv) any retail on-premises beer, wine or beer, or mixed beverage licensee, or their agents or employees to give samples of alcoholic beverages they are licensed to sell under certain circumstances. The bill also increases the samples of wine or beer a gourmet shop licensee may give from one to two ounces of wine and from two to four ounces of beer.
Patron - Williams

Failed

F HB91

Providing alcohol to persons less than 21 years of age. Clarifies the exception to the rule that a person may not provide alcohol to another who is under the age of 21. The exception is made clear that a person may provide alcoholic beverages to underage members of his family while in his residence.
Patron - Brink

F HB114

Alcoholic beverage control; unlawful purchasing or possession of alcoholic beverages; mandatory suspension of driver's license. Makes mandatory the suspension of a person's license to operate a motor vehicle in the Commonwealth upon conviction for (i) unlawful purchasing or possession of alcoholic beverages by an interdicted, intoxicated, or underaged person or (ii) using or attempting to use fake identification by an underaged person to purchase, possess, or consume alcoholic beverages. This bill was incorporated into HB 1210.
Patron - Albo

F HB602

Alcoholic beverage control; privileges of certain retail on-premises licensees. Authorizes hotels, restaurants, clubs, and farm wineries (retail on-premises licensees) to permit a patron who has purchased a bottle of wine from the licensee for on-premises consumption to remove from the licensed premises the unconsumed portion of the wine upon the patron's departure to his private residence or other private accommodations provided that (i) the unconsumed portion of the wine remains in the original bottle, (ii) the seal of the bottle of wine is reattached in a reasonably secure manner by the licensee, and (iii) the bottle of wine is removed and transported in a manner consistent with Virginia law and Board regulations. The bill also provides that for the purposes of § 18.2-323.1, the definition of "open container" shall not include any bottle of wine resealed in the manner provided above.
Patron - Albo

F HB649

Alcoholic beverage control; creation of specialty gourmet shop license. Creates the specialty gourmet shop license, which authorizes the licensee to (i) sell wine and beer in closed containers for off-premises consumption and to give to any person to whom wine or beer may be lawfully sold (a) a sample of wine, not to exceed five ounces by volume, or (b) a sample of beer, not to exceed five ounces by volume, such samples for on-premises consumption; and (ii) sell samples of wine or beer, with or without meals, for on-premises consumption in designated areas at events held by the licensee for the purpose of featuring and educating the consuming public about the wine or beer being sampled. The bill provides that the monthly food sale requirement established by Board regulation shall be based on the total food sold by the licensee from the exercise of any privilege of this license. Additionally, the bill sets the state and local license tax for this new retail license.
Patron - Scott, E.T.

F HB1087

Alcoholic beverage control; transfer of licenses. Allows for the transfer of an ABC license upon application by a bona fide purchaser of a licensed premises under certain conditions. Bona fide purchasers whose license transfer application is granted by the Board shall, at the time for renewal of the license, meet all of the requirements for initial licensure. The bill provides that the ABC Board may not grant a license transfer to an applicant against whom there is pending in the courts or before the Board a charge for violation of the provisions of this title or Board regulations. Additionally, the Board may refuse to grant a license transfer for such causes as are specified in § 4.1-222.
Patron - Scott, J.M.

F HB1207

Alcohol beverage control; purchasing alcoholic beverages for underage persons. Makes it a mandatory six-month driver's license suspension for any person who purchases alcohol for another person and at the time knows or has reason to know that such person is intoxicated or interdicted, or gives, provides, or assists in the provision of alcohol to a person knowing that such person is under 21 years of age. This bill was incorporated into HB 113.
Patron - Moran

F HB1288

Alcoholic beverage control; small wine producer distribution license. Creates a new small producer distribution license that authorizes the licensee to sell and deliver or ship by common carrier the wine produced by the licensee, in accordance with Board regulations, in closed containers, to (i) persons licensed to sell the wine at retail for the purpose of resale, § 4.1-326 notwithstanding, (ii) the Board, and (iii) persons in Virginia to whom alcoholic beverages may be lawfully sold. The bill also provides that shipments of such wine by common carrier to a retail licensee shall be (a) made in containers marked "Contains Alcohol," (b) paid by the retail licensee in advance of the shipment, and (c) accompanied by an invoice in a form prescribed by the Board and that is available for examination by the common carrier. All deliveries of such wine by the licensee to persons in Virginia to whom alcoholic beverages may be lawfully sold shall be performed by the owner, or any agent, director, shareholder or employee of the licensee. The bill provides that, for purposes of § 4.1-234 and Chapter 6 (§ 58.1-600 et seq.) of Title 58.1, each delivery or shipment of wine by such licensee to a consumer or a retail licensee shall constitute a sale in Virginia. Licensees are required to collect the taxes due to the Commonwealth and remit any excise taxes monthly to the Board and any sales tax to the Department of Taxation. The bill defines "small wine producer" as any winery located outside the Commonwealth and licensed as such in the state where the winery is located and that is eligible for the federal tax credit pursuant to 27 CFR 24.278. The bill also grants these same privileges to certain winery and farm winery licensees. The bill sets the state license tax for this new license and requires the ABC Board to adopt emergency regulations to implement the provisions of the bill.
Patron - Saxman

F HB1353

Alcoholic Beverage Control Board; powers; sale of wine. Authorizes the ABC Board to sell wines produced both in-state and out-of-state in ABC government stores. Currently the ABC may only sell Virginia farm winery wines in government stores.
Patron - Bell

F SB326

Alcoholic beverage control; retail on-premises wine or beer licensees; sale of tastings of wine or beer. Authorizes any retail on-premises wine or beer licensee, his agent or employee to offer for sale or sell to any person to whom alcoholic beverages may be lawfully sold tastings of wine or beer conducted in accordance with § 4.1- 221.1 for one price.
Patron - Wagner

F SB328

Alcoholic beverage control; gift of samples by licensees. Authorizes any retail on-premises wine or beer licensee, his agent or employee, to give a sample of wine or beer, not to exceed two ounces, to persons to whom alcoholic beverages may be lawfully sold for on-premises consumption, or any mixed beverage licensee, his agent or employee, to give a sample of (i) wine or beer, not to exceed two ounces or (ii) spirits not to exceed one-half ounce, to persons to whom alcoholic beverages may be lawfully sold for on-premises consumption provided that no more than two products shall be given.
Patron - Wagner

F SB680

Alcoholic beverage control; permissible conduct by manufacturers of alcoholic beverages and wine or beer wholesalers; tastings; service items and novelties. Authorizes manufacturers of alcoholic beverages and wine or beer wholesalers or their authorized representatives to conduct tastings under certain conditions as part of the privileges of their respective licenses. The bill also authorizes (i) any manufacturer of alcoholic beverages to sell service items bearing alcoholic beverage brand references to on-premises retail licensees and (ii) any employee of a manufacturer of alcoholic beverages or of a wine or beer wholesaler to distribute to retail licensees and their employees novelties and specialties valued at $10 or less and which bear alcoholic beverage advertising. This bill is identical to SB 685.
Patron - Saslaw

Carried Over

C SB600

Alcoholic beverage tax. Increases the tax on alcoholic beverages by 3 percent with the revenues to be used for the operational support of volunteer rescue squads and fire-fighting organizations.
Patron - Colgan

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2006>Alcoholic Beverage Control Act

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