Alcoholic Beverage Control Act Passed HB458 Alcoholic beverage control; wine licenses. Grants to holders of a wholesale wine license the same privilege currently held by beer wholesalers to sell and deliver wine to owners of boats registered under the laws of the United States sailing for ports of call of a foreign country or another state. Patron - Wagner HB495 Alcoholic beverage control; auctioning of certain alcoholic beverages. Requires the ABC Board to prescribe the terms and conditions under which persons who collect or trade designer or vintage spirit bottles may sell such bottles at auction, provided that the bottles are unopened and the manufacturers' seals are intact. Patron - Weatherholtz HB702 Unlawful purchase or possession of alcohol. Creates a first offender status for these offenses. Upon finding that the accused is a first offender and that the facts are sufficient to find the accused guilty, the court may order that the person be fingerprinted and place him on probation, which shall include a period of license suspension for up to one year, and other terms and conditions as the court may impose. Upon satisfaction of the terms and conditions, the charge is dismissed without entry of an adjudication of guilt. The bill is modeled after the first offender statute used in misdemeanor drug cases. This bill is identical to SB 299. The bill is recommended by the Committee on District Courts. Patron - Davies HB939 Alcoholic beverage control; licenses. Authorizes the issuance of a museum license to nonprofit museums exempt from taxation under § 501 (c) (3) of the Internal Revenue Code, and sets forth the privileges of the license. The bill also sets out the state and local taxes on this new license. Patron - Dillard HB945 Alcoholic beverage control; mixed beverage licenses. Creates a mixed beverage club event license which authorizes the licensee to sell and serve mixed beverages for on-premises consumption by club members and their guests for club events. The bill requires a license for each day of each club event and limits the number of club events for which this license may be granted to 12 in any one calendar year. This bill incorporates HB 450. Patron - Dickinson HB967 Alcoholic beverage control; illegal acts by employees of licensees; penalty. Clarifies that the prohibitions against illegal sales and other prohibited acts apply to agents and employees of licensees of the Alcoholic Beverage Control Board as well as to the licensees themselves. Patron - Albo HB1430 Alcoholic beverage control; enforcement; sale of tobacco to minors. Requires the Tax Commissioner to provide to the ABC Board, the name, address, and other identifying information within his possession of all wholesale cigarette dealers. The bill provides that (i) all invoices, books, papers or other memoranda and records concerning the sale of cigarettes maintained by wholesale cigarette dealers shall be subject to inspection during normal business hours by special agents of the ABC Board and (ii) any person who, upon request by a special agent, unreasonably fails or refuses to allow an inspection of the records shall be guilty of a Class 2 misdemeanor. The bill provides that the ABC Board may use the information obtained from the Tax Commissioner or acquired by the authorized inspections only for the purpose of creating and maintaining a list of retail dealers to facilitate enforcement of the laws governing the sale of tobacco products to minors. The bill prohibits the disclosure of this information by the ABC Board or its special agents, and makes it a Class 2 misdemeanor for a violation of this provision. Patron - Almand SB232 Alcoholic beverage control; wine licenses. Grants to holders of a wholesale wine license the same privilege currently held by beer wholesalers to sell and deliver wine to owners of boats registered under the laws of the United States sailing for ports of call of a foreign country or another state. This bill is identical to HB 458. Patron - Williams SB299 Unlawful purchase or possession of alcohol. Creates a first offender status for these offenses. Upon finding that the accused is a first offender and that the facts are sufficient to find the accused guilty, the court may order that the person be fingerprinted and place him on probation, which shall include a period of license suspension for up to one year, and other terms and conditions as the court may impose. Upon satisfaction of the terms and conditions, the charge is dismissed without entry of an adjudication of guilt. The bill is modeled after the first offender statute used in misdemeanor drug cases. The bill is recommended by the Committee on District Courts. This bill is identical to HB 702. Patron - Reynolds SB716 Alcoholic beverage control; enforcement; sale of tobacco to minors. Requires the Tax Commissioner to provide to the ABC Board, the name, address, and other identifying information within his possession of all wholesale cigarette dealers. The bill provides that (i) all invoices, books, papers or other memoranda and records concerning the sale of cigarettes maintained by wholesale cigarette dealers shall be subject to inspection during normal business hours by special agents of the ABC Board and (ii) any person who, upon request by a special agent, unreasonably fails or refuses to allow an inspection of the records shall be guilty of a Class 2 misdemeanor. The bill provides that the ABC Board may use the information obtained from the Tax Commissioner or acquired by the authorized inspections only for the purpose of creating and maintaining a list of retail dealers to facilitate enforcement of the laws governing the sale of tobacco products to minors. The bill prohibits the disclosure of this information by the ABC Board or its special agents, and makes it a Class 2 misdemeanor for a violation of this provision. Patron - Mims Failed HB450 Alcoholic beverage control; mixed beverage licenses. Creates a mixed beverage club event license which authorizes the licensee to sell and serve mixed beverages for on-premises consumption by club members and their guests for club events. The bill requires a license for each day of each club event and limits the number of club events for which this license may be granted to 12 in any one calendar year. The bill sets the state and local tax rates for this new license. This bill was incorporated into HB 945. Patron - Diamonstein HB540 Alcoholic beverage control; mixed beverage licenses. Grants a mixed beverage license to an establishment located at an altitude of 1,502 feet or more above sea level on property through which the North Fork of the Roanoke River flows and which is located in any county having a population between 73,900 and 73,950 (Blacksburg Country Club located in Montgomery County). Patron - Robinson HB766 Alcoholic beverage control; referendum on Sunday sale of wine and beer. Authorizes a referendum to be held in a supervisor's election district of a county. Patron - Robinson HB937 Alcoholic beverage control; one-time auction of wine. Authorizes the ABC Board to issue a permit to allow the one-time auction of lawfully acquired wine by an organization exempt from taxation under § 501 (c) (3) of the IRS Code for off-premises consumption, provided the auction is conducted (i) in accordance with the law governing auctions in Virginia and (ii) upon permits issued by the Board and upon such conditions or restrictions as the Board may prescribe. The bill also contains a technical amendment to correct an error by the publisher of the Code. Patron - Almand HB1358 Alcoholic beverage control; sale of alcoholic beverages by persons under 18 years of age. Prohibits any retail licensee from allowing anyone employed by him under the age of 18 years to sell, serve, or dispense any alcoholic beverages. Currently, the sale of alcoholic beverages by persons under 18 years of age is prohibited only for on-premises consumption. Hardship exceptions are provided. Patron - Scott SB307 Alcoholic beverage control; direct shipment of wine. Eliminates the prohibition against direct shipment of wine to other than wholesale licensees in Virginia. The bill requires the ABC Board, by regulation, to prescribe the terms and conditions under which a person holding a winery, farm winery or importer's license may ship wine directly to private individuals in Virginia, who may lawfully acquire alcoholic beverages, for their personal use and not for resale. Patron - Miller, Y.B. SB499 Alcoholic beverage control; application for licenses; local objection to license applications. Upon submission by a local governing body of an objection to the granting of a license to any applicant when the building, place or room where he proposes to engage in such business is within 1,000 feet of a public, private, or parochial school, there shall be a presumption that the operation of such business under such license will adversely affect or interfere with the normal, orderly conduct of the affairs of such school. Patron - Marsh SB659 Alcoholic beverage control; annual reports by mixed beverage licensees. Requires every mixed beverage licensee to file annually with the Board a report, in a form prescribed by the Board and prepared by a licensed certified public accountant, which indicates the total sales by the licensee of food and alcoholic and nonalcoholic beverages for the year covered by the report. Patron - Marsh Carried Over HB552 Alcoholic beverage control; application for licenses; local objection to license applications. Upon submission by the City of Petersburg (identified in the bill by population) of an objection to the granting of an off-premises beer or wine and beer license to any applicant when he proposes to engage in such business within 500 feet of a public, private, or parochial elementary, middle or high school, there shall be a rebuttable presumption that the operation of such business under such license will adversely affect or interfere with the normal, orderly conduct of the affairs of such school. The bill also specifies when there is no such presumption. Patron - DeBoer HB618 Possession of alcohol; public institutions of higher learning; penalty. Creates a new crime, punishable as a Class 2 misdemeanor, to possess or drink alcoholic beverages on the grounds of any public institution of higher learning. Patron - Landes HB784 Alcoholic beverage control; application for licenses; local objection to license applications. Upon submission by certain local governing bodies (Scott and Dickinson Counties) of an objection to the granting of an off-premises beer or wine and beer license to any applicant when he proposes to engage in such business within 500 feet of a public, private, or parochial elementary, middle or high school, or place of worship, there shall be a rebuttable presumption that the operation of such business under such license will adversely affect or interfere with the normal, orderly conduct of the affairs of such school. The bill also specifies when there is no such presumption. Patron - Phillips HB959 Alcoholic beverage control; mixed beverage nightclub license. Creates a new license, the mixed beverage nightclub license, and sets out the privileges of this new license. The bill defines "nightclub" as an establishment to provide entertainment at night, where, in consideration of payment, meals or other foods prepared on the premises are regularly sold, and which has a floor show or provides music and space for dancing. The bill provides that the food-beverage ratio for the nightclub license is 25 percent as opposed to a 45 percent ratio for mixed beverage restaurant licenses. The bill also provides for the state and local taxes on this new license. The bill also contains a technical amendment. Patron - Robinson SB658 Alcoholic beverage control; regulations of the Alcoholic Beverage Control Board. Requires the ABC Board to adopt regulations which require, as a condition of licensure, a mixed beverage licensee to have his managers and employees complete a course on the responsible sale of alcoholic beverages offered by a provider approved by the Board. The bill authorizes the Board to establish procedures to verify completion of the course. The bill also contains a technical amendment. Patron - Marsh < PREVIOUS | CONTENTS | NEXT >