General Assembly>Division of Legislative Services>Publications>Session Summaries>2007>Alcoholic Beverage Control Act


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Alcoholic Beverage Control Act

Passed

P HB 1784

Alcoholic beverage control; delivery of wine and beer; permits. Allows a brewery, winery, or farm winery located within or outside the Commonwealth that is authorized to engage in the retail sale of wine or beer, after obtaining a delivery permit from the ABC Board, to deliver wine and beer to consumers. Such privilege was removed as a result of recent federal litigation challenging the constitutionality of Virginia's ABC law. The bill contains technical amendments, including relocating the existing provisions concerning direct shipment of wine and beer (§ 4.1-112.1) to the administration of licenses portion of ABC law. This bill is identical to SB 1289.
Patron - Cosgrove

P HB 1815

Alcoholic beverage control; meal-assembly kitchen license. Adds a new license for meal-assembly kitchens, defined as any commercial establishment that offers to its customers, for off-premises consumption, ingredients for the preparation of meals and entrees in professional kitchen facilities located at the establishment. Under the terms of the license, a licensee is authorized to serve wine or beer on the premises of the licensee to any such bona fide customer attending either a private gathering or a special event; however, the licensee shall not give more than two five-ounce glasses of wine or two 12-ounce glasses of beer to any such customer, nor shall it sell or otherwise charge a fee to such customer for the wine or beer served or consumed. The privileges of this license shall be limited to the premises of the meal-assembly kitchen regularly occupied and utilized as such. The bill provides for state and local license taxes.
Patron - Suit

P HB 1889

Alcoholic beverage control; refusal to grant and revocation or suspension of licenses. Updates the various business ownership types of applicants for an ABC license, as well as those who already are licensees of the ABC Board, in the context of conducting background checks for granting a license or revoking or suspending a license.
Patron - Albo

P HB 1910

Alcoholic beverage control; tastings conducted by manufacturers or wholesalers. Clarifies that the $100 limitation on the purchase of alcoholic beverages by a manufacturer from a retail licensee for a tasting conducted by the manufacturer or wholesaler does not include taxes or gratuities. The bill caps the amount of the gratuity to 20% of the cost of the alcoholic beverages, including the tax. This bill is identical to SB 1098.
Patron - Albo

P HB 1980

Alcoholic beverage control; mixed beverage limited caterer's license. Creates a new mixed beverage limited caterer's license, which may be granted only to a person regularly engaged in the business of providing food and beverages to others for service at private gatherings or at special events, not to exceed 12 gatherings or events per year. The bill authorizes the licensee to sell and serve alcoholic beverages for on-premises consumption, and the licensee must meet the required food sale ratio. The bill sets forth the state and local license taxes for this new license. The bill contains technical amendments.
Patron - Lohr

P HB 1984

Alcoholic beverage control; definition of public place. Amends the definition of public place for the purpose of the alcoholic beverage control laws to include a sidewalk adjoining any highway, street, or lane.
Patron - Lohr

P HB 2145

Alcoholic beverage control; mixed beverage licenses. Authorizes the Alcoholic Beverage Control Board to grant a mixed beverage license to any establishment located on property consisting of at least 10,000 acres and operated as a resort located in any county with a population between 19,200 and 19,500 (Primland Resort in Patrick County).
Patron - Albo

P HB 2450

Alcoholic beverage control; creates new wholesale wine license. Creates a new restricted wholesale wine license that authorizes the licensee to provide wholesale wine distribution services to winery and farm winery licensees, provided that no more than 3,000 cases of wine produced by a winery or farm winery licensee shall be distributed by the corporation in any one year. The bill requires the Commissioner of the Department of Agriculture and Consumer Services to form a nonprofit nonstock corporation that will hold this new license to promote, develop, and sustain markets for licensed Virginia wineries and farm wineries. The bill also allows certain licensees to deliver or ship beer or wine from one or more premises identified in the license. 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. This bill contains an emergency clause and is identical to SB 1413.
Patron - Saxman

P HB 2491

Alcoholic beverage control; interior advertising; civil penalty. The measure authorizes manufacturers, their authorized vendors, or beer and wine distributors to provide licensed alcoholic beverage retailers with certain alcoholic beverage point of sale advertising materials that may be displayed in the interior of licensed retail establishments. Other point of sale advertising materials having wholesale value of $250 per item or less may be purchased and displayed by a retail license provided the advertising material is not obtained from a manufacturer, its authorized vendor, or any wholesale wine or beer licensee. The measure specifies the conditions under which advertising may be used and provides a civil penalty in the event of a violation.
Patron - Albo

P HB 2637

Alcoholic beverage control; mixed beverage licenses. Creates a new limited mixed beverage restaurant license that authorizes the licensee to sell and serve no more than six varieties of liqueurs, which liqueurs shall be combined with coffee or other nonalcoholic beverages for consumption in dining areas of the restaurant. Such license may be granted only to persons who operate a restaurant and in no event shall the sale of such liqueur-based drinks exceed 10% of the total annual gross sales. The bill defines liqueur and sets the state and local license taxes for this new license. The bill contains technical amendments.
Patron - Gear

P HB 2638

Alcoholic beverage control; mixed beverage licenses; designated areas. Clarifies that outdoor dining areas for a mixed beverage restaurant license include such areas that have more than one means of ingress and egress to an adjacent public thoroughfare.
Patron - Gear

P HB 3120

Alcoholic beverage control; farm wineries. Provides that no county, city, or town shall adopt an ordinance or resolution that prohibits or regulates the storage, warehousing, or wholesaling of wine by a licensed farm winery, so long as it is done in accordance with state and federal law and ABC regulations.
Patron - Albo

P SB 807

Alcoholic beverage control; operation of government stores by agents of the Alcoholic Beverage Control Board. Provides that the ABC Board may 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 if such licensee is a duly organized nonprofit association holding title to real property, together with improvements thereon, that are significant in American history, under a charter from the Commonwealth to preserve such property, and which association accepts no federal, state, or local funds. Such agents must sell the spirits in accordance with ABC law, Board regulations, and the terms of the agency agreement between the Board and the distiller.
Patron - Puller

P SB 984

Alcoholic beverage control; internet wine retailer license. Creates the internet wine retailer license and specifies the privileges of this license and the applicable state license tax. The bill defines an internet wine retailer as a person who owns or operates an establishment with adequate inventory, shelving, and storage facilities, where in consideration of payment, internet or telephone orders are taken and wine is shipped directly to consumers and which establishment is not a retail store open to the public.
Patron - Edwards

P SB 1098

Alcoholic beverage control; tastings conducted by manufacturers or wholesalers. Clarifies that the $100 limitation on the purchase of alcoholic beverages by a manufacturer from a retail licensee for a tasting conducted by the manufacturer or wholesaler does not include taxes or gratuities. The bill caps the amount of the gratuity to 20% of the cost of the alcoholic beverages, including the tax. The bill is identical to HB 1910.
Patron - Williams

P SB 1149

Alcoholic beverage control; government stores; sale of mixers. Authorizes the Alcoholic Beverage Control Board to sell products used in connection with distilled spirits, including any garnish or garnishment applied to the rim of a glass of distilled spirits, as may be approved by the ABC Board from time to time at government stores. The bill contains technical amendments.
Patron - Wagner

P SB 1289

Alcoholic beverage control; delivery of wine and beer; permits. Allows a brewery, winery, or farm winery located within or outside the Commonwealth that is authorized to engage in the retail sale of wine or beer, after obtaining a delivery permit from the ABC Board, to deliver wine and beer to consumers. Such privilege was removed as a result of recent federal litigation challenging the constitutionality of Virginia's ABC law. The bill contains technical amendments, including relocating the existing provisions concerning direct shipment of wine and beer (§ 4.1-112.1) to the administration of licenses portion of ABC law. This bill is identical to HB 1784.
Patron - Watkins

P SB 1371

Alcoholic beverage control; operation of government stores; preference for small farm wineries. Provides that with respect to the sale of wine produced by farm wineries in government stores, the Alcoholic Beverage Control Board may give preference to farm wineries that produce 2,500 cases or less of wine per year.
Patron - Bell

P SB 1413

Alcoholic beverage control; wholesale wine license. Creates a new restricted wholesale wine license that authorizes the licensee to provide wholesale wine distribution services to winery and farm winery licensees, provided that no more than 3,000 cases of wine produced by a winery or farm winery licensee shall be distributed by the corporation in any one year. The bill requires the Commissioner of the Department of Agriculture and Consumer Services to form a nonprofit nonstock corporation that will hold this new license to promote, develop, and sustain markets for licensed Virginia wineries and farm wineries. The bill also allows certain licensees to deliver or ship beer or wine from one or more premises identified in the license. 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. This bill contains an emergency clause, incorporates SB 1164, and is identical to HB 2450.
Patron - Hanger

Failed

F HB 1829

Alcoholic beverage control; small wine producer distribution license. Creates a new small producer distribution license that authorizes the licensee to sell and deliver 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. 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 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 and distributes no more than 10,000 cases of wine during any calendar year. 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. This bill was incorporated into HB 2450.
Patron - Putney

F HB 1887

Alcoholic beverage control; unlawful purchase or possession of alcoholic beverages; deferred proceedings. Provides that in the event of a violation for underage consumption, purchase or possession of alcoholic beverages where the court defers further proceedings and places the accused on probation subject to conditions, one of the conditions must be suspension of the accused's driver's license. A restricted license may be issued.
Patron - Albo

F HB 2116

Alcoholic beverage control; meal-assembly kitchen license. Adds a new license for meal-assembly kitchens, defined as any commercial establishment that offers to its customers, for off-premises consumption, ingredients for the preparation of meals and entrees in professional kitchen facilities located at the establishment. Under the terms of the license, a licensee is authorized to permit the consumption of lawfully acquired wine or beer on the premises of the licensee by any bona fide customer of the licensee and to serve wine or beer on the premises of the licensee to any such bona fide customer; however, the licensee shall not give more than two five-ounce glasses of wine or one 12-ounce glass of beer to any such customer, nor shall it sell or otherwise charge a fee to such customer for the wine or beer served or consumed. The privileges of this license shall be limited to the premises of the meal-assembly kitchen regularly occupied and utilized as such. The bill provides for state and local license taxes.
Patron - Hugo

F HB 2860

Penalty for providing alcohol to an underage person. Provides that any person found guilty of providing alcohol to an underage person shall have his license to operate a motor vehicle suspended for a mandatory minimum period of six months. Currently, there is no mandatory suspension, and the suspension period is capped at one year. The one year cap is removed in the bill.
Patron - Moran

F HB 3154

Alcoholic beverage control; operation of government stores. Requires the Alcoholic Beverage Control Board to establish a system of preferences in its purchases of farm winery wines so that all such purchases are made from farm wineries that are certified by the Virginia Wine Board to have an average annual production for the two years preceding such purchase of 2,500 cases or less.
Patron - Armstrong

F HB 3158

Alcoholic beverage control; issuance of mixed beverage license. Authorizes the Alcoholic Beverage Control Board to grant a mixed beverage license to an establishment in any county with a population of between 33,000 and 33,200 (Smyth County), which property is part of a commercial development project encompassing approximately 78.5 acres located approximately 1,200 feet from Exit 47 on Interstate 81.
Patron - Nutter

F SB 762

Alcoholic beverage control; meal-assembly kitchen license. Adds a new license for meal-assembly kitchens, defined as any commercial establishment that offers to its customers, for off-premises consumption, ingredients for the preparation of meals and entrees in professional kitchen facilities located at the establishment. Under the terms of the license, a licensee is authorized to permit the consumption of lawfully acquired wine or beer on the premises of the licensee by any bona fide customer of the licensee and to serve wine or beer on the premises of the licensee to any such bona fide customer; however, the licensee shall not give more than two five-ounce glasses of wine or one 12-ounce glass of beer to any such customer, nor shall it sell or otherwise charge a fee to such customer for the wine or beer served or consumed. The privileges of this license shall be limited to the premises of the meal-assembly kitchen regularly occupied and utilized as such. The bill provides for state and local license taxes.
Patron - Cuccinelli

F SB 910

Alcoholic beverage control; definition of public place. Includes in the definition of public place any sidewalk adjoining highways, streets, or lanes.
Patron - Obenshain

F SB 1062

Alcoholic beverage control; nonresident winery distributor license. Creates a new nonresident winery distributor license that authorizes the licensee to sell and deliver the wine produced by the licensee, in accordance with ABC 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 provides that, for purposes of § 4.1-234 and Chapter 6 (§ 58.1-600 et seq.) of Title 58.1, each delivery 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 "nonresident winery distributor" as any winery located outside the Commonwealth and licensed as such in the state where the winery is located and whose total wine distribution to all Virginia licensees does not exceed 3,000 cases in any calendar year. The bill also grants these same privileges to certain winery and farm winery licensees. The bill also requires the ABC Board to quarterly audit and inspect all licensees with the privilege of self-distribution to ensure they meet the requirements for the license. 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 - Watkins

F SB 1164

Alcoholic beverage control; small wine producer distributor license. Creates a new small producer distributor license that authorizes the licensee to sell and deliver 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. 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 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 produces no more than 2,500 cases of wine during any calendar year. The bill also grants these same privileges to certain winery and farm winery licensees under the same production restrictions. 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. This bill was incorporated into SB 1413.
Patron - Bell

F SB 1253

Alcoholic beverage control; equine sporting event licenses. Clarifies that for equine sporting event licenses, the licensee may own or operate the premises where the equine event is held. The bill contains an emergency clause.
Patron - Herring

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2007>Alcoholic Beverage Control Act

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