SB443: Alcoholic beverage control; privatization of ABC stores.
Whereas, the sale of liquor and wine at retail should no longer be performed by the Commonwealth, but rather by private retail licensees; and
Whereas, the health and welfare of the citizens of the Commonwealth will be adequately protected by the regulation of private retail licensees by the Alcoholic Beverage Control Board through strict enforcement of laws and rules relating to the sale of alcoholic beverages; and
Whereas, the sale of alcoholic beverages by private retail licensees will improve customer service, selection, and price; and
Whereas, the operation and efficiency of state government will be improved; and
Whereas, it is the purpose of the General Assembly to (i) continue and increase revenue to the Commonwealth and localities; (ii) provide a system of controls, including limitations on the number of retail applications and enforcement procedures to discourage the intemperate use of liquor; (iii) create incentives and facilitate the transition of displaced employees of the Department of Alcoholic Beverage Control to other employment; and (iv) minimize disruption of services to the public; now, therefore
Be it enacted by the General Assembly of Virginia:
1. § 1. That the Alcoholic Beverage Control Board (the Board) shall, on or before December 31, 2010, complete an implementation study for the discontinuation of government stores, in accordance with the provisions of this act, and for the disposition of all real property owned or leased by the Board that is used for government stores.
§ 2. The Board shall auction or cause to be auctioned or otherwise dispose of all real property owned by it and used for government stores.
§ 3. When government stores are leased by the Board, the Board shall review all such leases to determine the (i) assignability of the lease to a person, firm, or corporation, which shall be eligible for licensure as a package store licensee; (ii) applicable lease termination provisions; and (iii) notice of termination provisions contained in such leases. Upon completion of such review, the Board shall ensure that the Commonwealth's obligation to pay rent terminates, to the extent practicable, at a time coincident with the adoption of regulations governing the issuance of package store licenses and the auctioning of such licenses.
§ 4. On or before July 1, 2011, the Board shall adopt regulations governing the issuance of package store licenses, which regulations shall authorize the issuance of a limited number of package store licenses in the Commonwealth. The number of licenses authorized by the Board shall be no greater than one license per 10,000 residents in each locality of the Commonwealth. Unless prohibited by referendum pursuant to §§ 4.1-121 and 4.1-124 of the Code of Virginia, the Board shall issue no less than one license in each locality of the Commonwealth.
§ 5. The issuance of package store licenses by the Board shall be through public auction conducted by the Board or a Virginia licensed auctioneer. The Board shall pre-qualify all potential bidders for package store licenses to ensure such bidders meet the regulatory requirements established by the Board for a holder of a package store license. By January 1, 2011, the Board shall establish the time and location of no fewer than six regional auctions to take place between July 1, 2011, and December 31, 2011. The Board may conduct such auction in any manner as it deems necessary, including hosting such auction on a publicly accessible website.
§ 6. The final sale price of each license shall become the base licensing tax for that specific license. After the initial purchase of a package store license, the annual license tax to be paid in accordance with the provisions of § 4.1-231 of the Code of Virginia shall be the base licensing tax plus an inflation adjustment equal to the annual increase, expressed as a percentage, of the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the United States Department of Labor. In addition to the annual state licensing tax, any locality in which a package store license is issued by the Board may establish an annual licensing tax not to exceed 50 percent of the state licensing tax, plus inflation, and to be paid in accordance with the provisions of § 4.1-233 of the Code of Virginia. The Board shall publish on its publicly accessible website a list of all package store licenses in each locality, the base price of each state license tax paid to the Board, the annual CPI-U adjustment to the annual licensing tax for such license, and the total current annual licensing tax for each package store license.
2. That §§ 4.1-100, 4.1-103, 4.1-111, 4.1-115, 4.1-116, 4.1-121, 4.1-122, 4.1-130, 4.1-131, 4.1-201, 4.1-206, 4.1-207, 4.1-210, 4.1-213, 4.1-215, 4.1-221, 4.1-226, 4.1-228, 4.1-231, 4.1-233, 4.1-234, 4.1-235, 4.1-303, 4.1-310, 4.1-313, and 4.1-330 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 4.1-120.1, 4.1-210.1, and 4.1-214.1 as follows:
§ 4.1-100. Definitions.
As used in this title unless the context requires a different meaning:
"Alcohol" means the product known as ethyl or grain alcohol obtained by distillation of any fermented liquor, rectified either once or more often, whatever the origin, and shall include synthetic ethyl alcohol, but shall not include methyl alcohol and alcohol completely denatured in accordance with formulas approved by the government of the United States.
"Alcohol vaporizing device" means 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.
"Alcoholic beverages" includes alcohol, spirits, wine, and beer, and any one or more of such varieties containing one-half of one percent or more of alcohol by volume, including mixed alcoholic beverages, and every liquid or solid, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed by a human being. Any liquid or solid containing more than one of the four varieties shall be considered as belonging to that variety which has the higher percentage of alcohol, however obtained, according to the order in which they are set forth in this definition; except that beer may be manufactured to include flavoring materials and other nonbeverage ingredients containing alcohol, as long as no more than 49 percent of the overall alcohol content of the finished product is derived from the addition of flavors and other nonbeverage ingredients containing alcohol for products with an alcohol content of no more than six percent by volume; or, in the case of products with an alcohol content of more than six percent by volume, as long as no more than one and one-half percent of the volume of the finished product consists of alcohol derived from added flavors and other nonbeverage ingredients containing alcohol.
"Barrel" means any container or vessel having a capacity of more than 43 ounces.
"Bed and breakfast establishment" means any establishment (i) having no more than 15 bedrooms; (ii) offering to the public, for compensation, transitory lodging or sleeping accommodations; and (iii) offering at least one meal per day, which may but need not be breakfast, to each person to whom overnight lodging is provided.
"Beer" means any alcoholic beverage obtained by the fermentation of an infusion or decoction of barley, malt, and hops or of any similar products in drinkable water and containing one-half of one percent or more of alcohol by volume.
"Board" means the Virginia Alcoholic Beverage Control Board.
"Bottle" means any vessel intended to contain liquids and having a capacity of not more than 43 ounces.
"Canal boat operator" means any nonprofit organization that operates tourism-oriented canal boats for recreational purposes on waterways declared nonnavigable by the United States Congress pursuant to 33 U.S.C. § 59ii.
"Club" means any private nonprofit corporation or association which is the owner, lessee, or occupant of an establishment operated solely for a national, social, patriotic, political, athletic, or other like purpose, but not for pecuniary gain, the advantages of which belong to all of the members. It also means the establishment so operated. A corporation or association shall not lose its status as a club because of the conduct of charitable gaming conducted pursuant to Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2 in which nonmembers participate frequently or in large numbers, provided that no alcoholic beverages are served or consumed in the room where such charitable gaming is being conducted while such gaming is being conducted and that no alcoholic beverages are made available upon the premises to any person who is neither a member nor a bona fide guest of a member.
Any such corporation or association which has been declared exempt from federal and state income taxes as one which is not organized and operated for pecuniary gain or profit shall be deemed a nonprofit corporation or association.
"Container" means any barrel, bottle, carton, keg, vessel or other receptacle used for holding alcoholic beverages.
"Convenience grocery store" means an establishment which (i) has an enclosed room in a permanent structure where stock is displayed and offered for sale and (ii) maintains an inventory of edible items intended for human consumption consisting of a variety of such items of the types normally sold in grocery stores.
"Day spa" means any commercial establishment that offers to the public both massage therapy, performed by persons certified in accordance with § 54.1-3029, and barbering or cosmetology services performed by persons licensed in accordance with Chapter 7 (§ 54.1-700 et seq.) of Title 54.1.
"Designated area" means a room or area approved by the Board for on-premises licensees.
"Dining area" means a public room or area in which meals are regularly served.
"Establishment" means any place where alcoholic beverages of one or more varieties are lawfully manufactured, sold, or used.
"Farm winery" means an establishment (i) located on a farm in the Commonwealth with a producing vineyard, orchard, or similar growing area and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than 18 percent alcohol by volume or (ii) located in the Commonwealth with a producing vineyard, orchard, or similar growing area or agreements for purchasing grapes or other fruits from agricultural growers within the Commonwealth, and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than 18 percent alcohol by volume. As used in this definition, the terms "owner" and "lessee" shall include a cooperative formed by an association of individuals for the purpose of manufacturing wine. In the event such cooperative is licensed as a farm winery, the term "farm" as used in this definition includes all of the land owned or leased by the individual members of the cooperative as long as such land is located in the Commonwealth.
"Gift shop" means any bona fide retail store selling, predominantly, gifts, books, souvenirs, specialty items relating to history, original and handmade arts and products, collectibles, crafts, and floral arrangements, which is open to the public on a regular basis. Such shop shall be a permanent structure where stock is displayed and offered for sale and which has facilities to properly secure any stock of wine or beer. Such shop may be located (i) on the premises or grounds of a government registered national, state or local historic building or site or (ii) within the premises of a museum. The Board shall consider the purpose, characteristics, nature, and operation of the shop in determining whether it shall be considered a gift shop.
"Gourmet brewing shop" means an establishment which sells to persons to whom wine or beer may lawfully be sold, ingredients for making wine or brewing beer, including packaging, and rents to such persons facilities for manufacturing, fermenting and bottling such wine or beer.
"Gourmet shop" means an establishment provided with adequate inventory, shelving, and storage facilities, where, in consideration of payment, substantial amounts of domestic and imported wines and beers of various types and sizes and related products such as cheeses and gourmet foods are habitually furnished to persons.
store" means a store established by the Board for the sale of alcoholic
"Hotel" means any duly licensed establishment, provided with special space and accommodation, where, in consideration of payment, food and lodging are habitually furnished to persons, and which has four or more bedrooms. It shall also mean the person who operates such hotel.
"Interdicted person" means a person to whom the sale of alcoholic beverages is prohibited by order pursuant to this title.
"Internet wine retailer" means 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 shipped directly to consumers and which establishment is not a retail store open to the public.
"Intoxicated" means a condition in which a person has drunk enough alcoholic beverages to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.
"Licensed" means the holding of a valid license issued by the Board.
"Licensee" means any person to whom a license has been granted by the Board.
"Liqueur" means any of a class of highly flavored alcoholic beverages that do not exceed an alcohol content of 25 percent by volume.
"Low alcohol beverage cooler" means a drink containing one-half of one percent or more of alcohol by volume, but not more than seven and one-half percent alcohol by volume, and consisting of spirits mixed with nonalcoholic beverages or flavoring or coloring materials; it may also contain water, fruit juices, fruit adjuncts, sugar, carbon dioxide, preservatives or other similar products manufactured by fermenting fruit or fruit juices. Low alcohol beverage coolers shall be treated as wine for all purposes of this title; except that low alcohol beverage coolers shall not be sold in localities that have not approved the sale of mixed beverages pursuant to § 4.1-124. In addition, low alcohol beverage coolers shall not be sold for on-premises consumption other than by mixed beverage licensees.
"Meal-assembly kitchen" means any commercial establishment that offers its customers, for off-premises consumption, ingredients for the preparation of meals and entrees in professional kitchen facilities located at the establishment.
"Meals" means, for a mixed beverage license, an assortment of foods commonly ordered in bona fide, full-service restaurants as principal meals of the day. Such restaurants shall include establishments specializing in full course meals with a single substantial entree.
"Member of a club" means (i) a person who maintains his membership in the club by the payment of monthly, quarterly, or annual dues in the manner established by the rules and regulations thereof or (ii) a person who is a member of a bona fide auxiliary, local chapter, or squadron composed of direct lineal descendants of a bona fide member, whether alive or deceased, of a national or international organization to which an individual lodge holding a club license is an authorized member in the same locality. It shall also mean a lifetime member whose financial contribution is not less than 10 times the annual dues of resident members of the club, the full amount of such contribution being paid in advance in a lump sum.
"Mixed beverage" or "mixed alcoholic beverage" means a drink composed in whole or in part of spirits.
"Mixer" means any prepackaged ingredients containing beverages or flavoring or coloring materials, and which may also contain water, fruit juices, fruit adjuncts, sugar, carbon dioxide, or preservatives which are not commonly consumed unless combined with alcoholic beverages, whether or not such ingredients contain alcohol. Such specialty beverage product shall be manufactured or distributed by a Virginia corporation.
"Package store" means the licensed premises where spirits, wine, wine produced by farm wineries, beer, and mixers are sold at retail.
"Package store licensee" means any person licensed pursuant to subdivision A 13 of § 4.1-210.
"Place or premises" means the real estate, together with any buildings or other improvements thereon, designated in the application for a license as the place at which the manufacture, bottling, distribution, use or sale of alcoholic beverages shall be performed, except that portion of any such building or other improvement actually and exclusively used as a private residence.
"Public place" means any place, building, or conveyance to which the public has, or is permitted to have, access, including restaurants, soda fountains, hotel dining areas, lobbies and corridors of hotels, and any park, place of public resort or amusement, highway, street, lane, or sidewalk adjoining any highway, street, or lane.
The term shall not include (i) hotel or restaurant dining areas or ballrooms while in use for private meetings or private parties limited in attendance to members and guests of a particular group, association or organization; (ii) restaurants licensed by the Board in office buildings or industrial or similar facilities while such restaurant is closed to the public and in use for private meetings or parties limited in attendance to employees and nonpaying guests of the owner or a lessee of all or part of such building or facility; (iii) offices, office buildings or industrial facilities while closed to the public and in use for private meetings or parties limited in attendance to employees and nonpaying guests of the owner or a lessee of all or part of such building or facility; or (iv) private recreational or chartered boats which are not licensed by the Board and on which alcoholic beverages are not sold.
"Residence" means any building or part of a building or structure where a person resides, but does not include any part of a building which is not actually and exclusively used as a private residence, nor any part of a hotel or club other than a private guest room thereof.
"Resort complex" means a facility (i) with a hotel owning year-round sports and recreational facilities located contiguously on the same property or (ii) owned by a nonstock, nonprofit, taxable corporation with voluntary membership which, as its primary function, makes available golf, ski and other recreational facilities both to its members and the general public. The hotel or corporation shall have a minimum of 140 private guest rooms or dwelling units contained on not less than 50 acres. The Board may consider the purpose, characteristics, and operation of the applicant establishment in determining whether it shall be considered as a resort complex. All other pertinent qualifications established by the Board for a hotel operation shall be observed by such licensee.
"Restaurant" means, for a beer, or wine and beer license or a limited mixed beverage restaurant license, any establishment provided with special space and accommodation, where, in consideration of payment, meals or other foods prepared on the premises are regularly sold.
"Restaurant" means, for a mixed beverage license other than a limited mixed beverage restaurant license, an established place of business (i) where meals with substantial entrees are regularly sold and (ii) which has adequate facilities and sufficient employees for cooking, preparing, and serving such meals for consumption at tables in dining areas on the premises, and includes establishments specializing in full course meals with a single substantial entree.
"Sale" and "sell" includes soliciting or receiving an order for; keeping, offering or exposing for sale; peddling, exchanging or bartering; or delivering otherwise than gratuitously, by any means, alcoholic beverages.
"Sangria" means a drink consisting of red or white wine mixed with some combination of sweeteners, fruit, fruit juice, soda, or soda water that may also be mixed with brandy, triple sec, or other similar spirits.
"Special agent" means an employee of the Department of Alcoholic Beverage Control whom the Board has designated as a law-enforcement officer pursuant to § 4.1-105.
"Special event" means an event sponsored by a duly organized nonprofit corporation or association and conducted for an athletic, charitable, civic, educational, political, or religious purpose.
"Spirits" means any beverage which contains alcohol obtained by distillation mixed with drinkable water and other substances, in solution, and includes, among other things, brandy, rum, whiskey, and gin, or any one or more of the last four named ingredients; but shall not include any such liquors completely denatured in accordance with formulas approved by the United States government.
"Wine" means any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing (i) sugar, including honey and milk, either with or without additional sugar; (ii) one-half of one percent or more of alcohol by volume; and (iii) no product of distillation. The term includes any wine to which wine spirits have been added, as provided in the Internal Revenue Code, to make products commonly known as "fortified wine" which do not exceed an alcohol content of 21 percent by volume.
"Wine cooler" means a drink containing one-half of one percent or more of alcohol by volume, and not more than three and two-tenths percent of alcohol by weight or four percent by volume consisting of wine mixed with nonalcoholic beverages or flavoring or coloring materials, and which may also contain water, fruit juices, fruit adjuncts, sugar, carbon dioxide, or preservatives and shall include other similar products manufactured by fermenting fruit or fruit juices. Wine coolers and similar fermented fruit juice beverages shall be treated as wine for all purposes except for taxation under § 4.1-236.
"With or without meals" means the selling and serving of alcoholic beverages by retail licensees for on-premises consumption whether or not accompanied by food so long as the total food-beverage ratio required by § 4.1-210, or the monthly food sale requirement established by Board regulation, is met by such retail licensee.
§ 4.1-103. General powers of Board.
The Board shall have the power to:
1. Buy, import and
sell alcoholic beverages other than beer and wine not produced by farm
wineries, and to have alcoholic beverages other than beer and wine not produced
by farm wineries in its possession for sale; 2. Buy and sell any
Control the possession, sale, transportation and delivery of alcoholic
Determine, subject to § 4.1-121, the localities within which government package stores shall may be established or operated
and the location maximum number of such stores in each locality based on criteria established by Board regulation;
warehouses for alcoholic beverages and control the storage and delivery of
alcoholic beverages to and from such warehouses; 63.
Lease, occupy and improve any land or building required for the purposes of
this title; 74.
Purchase or otherwise acquire title to any land or building required for the
purposes of this title and sell and convey the same by proper deed, with the
consent of the Governor; 8. Purchase, lease
or acquire the use of, by any manner, any plant or equipment which may be
considered necessary or useful in carrying into effect the purposes of this
title, including rectifying, blending and processing plants. The Board may
purchase, build, lease, and operate distilleries and manufacture alcoholic
Determine the nature, form and capacity of all containers used for holding
alcoholic beverages to be kept or sold under this title, and prescribe the form
and content of all labels and seals to be placed thereon; 106.
Appoint every agent and employee required for its operations; require any or
all of them to give bonds payable to the Commonwealth in such penalty as shall
be fixed by the Board; and engage the services of experts and professionals; 117.
Hold and conduct hearings; issue subpoenas requiring the attendance of
witnesses and the production of records, memoranda, papers and other documents
before the Board or any agent of the Board; and administer oaths and take
testimony thereunder. The Board may authorize any Board member or agent of the
Board to hold and conduct hearings, issue subpoenas, administer oaths and take
testimony thereunder, and make summary decisions, subject to final decision by
the Board, on application of any party aggrieved; 128.
Make a reasonable charge for preparing and furnishing statistical information
and compilations to persons other than (i) officials, including court and
police officials, of the Commonwealth and of its subdivisions if the
information requested is for official use and (ii) persons who have a personal
or legal interest in obtaining the information requested if such information is
not to be used for commercial or trade purposes; 1410.
Grant, suspend, and revoke licenses for the manufacture, bottling,
distribution, importation, and sale of alcoholic beverages; 1511.
Assess and collect civil penalties and civil charges for violations of this
title and Board regulations; 1612.
Maintain actions to enjoin common nuisances as defined in § 4.1-317; 1713.
Establish minimum food sale requirements for all retail licensees; and 1814.
Do all acts necessary or advisable to carry out the purposes of this title.
§ 4.1-111. Regulations of Board.
A. The Board may promulgate reasonable regulations, not inconsistent with this title or the general laws of the Commonwealth, which it deems necessary to carry out the provisions of this title and to prevent the illegal manufacture, bottling, sale, distribution and transportation of alcoholic beverages. The Board may amend or repeal such regulations. Such regulations shall be promulgated, amended or repealed in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) and shall have the effect of law.
B. The Board shall promulgate regulations that:
1. Prescribe what hours and on what days alcoholic beverages shall not be sold by licensees or consumed on any licensed premises, including a provision that mixed beverages may be sold only at such times as wine and beer may be sold.
2. Require mixed beverage caterer licensees to notify the Board in advance of any event to be served by such licensee.
3. Maintain the reasonable separation of retailer interests from those of the manufacturers, bottlers, brokers, importers and wholesalers in accordance with § 4.1-216 and in consideration of the established trade customs, quantity and value of the articles or services involved; prevent undue competitive domination of any person by any other person engaged in the manufacture, distribution and sale at retail or wholesale of alcoholic beverages in the Commonwealth; and promote reasonable accommodation of arm's length business transactions.
4. Establish requirements for the form, content, and retention of all records and accounts, including the (i) reporting and collection of taxes required by § 4.1-236 and (ii) the sale of alcoholic beverages in kegs, by all licensees.
5. Require retail licensees to file an appeal from any hearing decision rendered by a hearing officer within 30 days of the date the notice of the decision is sent. The notice shall be sent to the licensee at the address on record with the Board by certified mail, return receipt requested, and by regular mail.
6. 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 (i) the auction is conducted in accordance with the provisions of Chapter 6 (§ 54.1-600 et seq.) of Title 54.1 and (ii) the bottles are unopened and the manufacturers' seals, marks, or stamps affixed to the bottles are intact.
Prescribe the terms and conditions under which credit or debit cards may be
accepted from licensees for purchases at government stores, including provision
for the collection, where appropriate, of related fees, penalties, and service
Require that banquet licensees in charge of public events as defined by Board
regulations report to the Board the income and expenses associated with the
public event on a form prescribed by the Board when the banquet licensee
engages another person to organize, conduct or operate the event on behalf of
the banquet licensee. Such regulations shall be applicable only to public events
where alcoholic beverages are being sold. 98.
Provide alternative methods for licensees to maintain and store business
records that are subject to Board inspection, including methods for
Board-approved electronic and off-site storage. 109.
Require off-premises retail licensees to place any premixed alcoholic energy
drinks containing one-half of one percent or more of alcohol by volume in the
same location where wine and beer are available for sale within the licensed
C. The Board may promulgate regulations that:
1. Provide for the waiver of the license tax for an applicant for a banquet license, such waiver to be based on (i) the amount of alcoholic beverages to be provided by the applicant, (ii) the not-for-profit status of the applicant, and (iii) the condition that no profits are to be generated from the event. For the purposes of clause (ii), the applicant shall submit with the application, an affidavit certifying its not-for-profit status. The granting of such waiver shall be limited to two events per year for each applicant.
2. Establish limitations on the quantity and value of any gifts of alcoholic beverages made in the course of any business entertainment pursuant to subdivision A 22 of § 4.1-325 or subsection C of § 4.1-325.2.
D. Board regulations shall be uniform in their application, except those relating to hours of sale for licensees.
E. Courts shall take judicial notice of Board regulations.
F. The Board's power to regulate shall be broadly construed.
§ 4.1-115. Reports and accounting systems of Board; auditing books and records.
A. The Board shall make reports to the Governor as he may require covering the administration and enforcement of this title. Additionally, the Board shall submit an annual report to the Governor and General Assembly on or before December 15 each year, which shall contain:
1. A statement of
the nature and amount of the business transacted by each government store
during the year; 21.
A statement of the assets and liabilities of the Board, including a statement
of income and expenses and such other financial statements and matters as may
be necessary to show the result of the operations of the Board for the year; 32.
A statement showing the taxes collected under this title during the year; 43.
General information and remarks about the working of the alcoholic beverage
control laws within the Commonwealth; and 54.
Any other information requested by the Governor.
B. The Board shall maintain an accounting system in compliance with generally accepted accounting principles and approved in accordance with § 2.2-803.
C. A regular postaudit shall be conducted of all accounts and transactions of the Board. An annual audit of a fiscal and compliance nature of the accounts and transactions of the Board shall be conducted by the Auditor of Public Accounts on or before October 1. The cost of the annual audit and postaudit examinations shall be borne by the Board. The Board may order such other audits as it deems necessary.
§ 4.1-116. Disposition of moneys collected by Board; creation of Enterprise Fund; reserve fund.
A. All moneys collected by the Board shall be paid directly and promptly into the state treasury, or shall be deposited to the credit of the State Treasurer in a state depository, without any deductions on account of salaries, fees, costs, charges, expenses, refunds or claims of any description whatever, as required by § 2.2-1802.
All moneys so paid into the state treasury, less the net
profits determined pursuant to subsection C, shall be set aside as and
constitute an Enterprise Fund, subject to appropriation, for the payment of
(i) the salaries and
remuneration of the members, agents, and employees of the Board and (ii) all costs and expenses incurred in
establishing and maintaining government stores and in the administration of the
provisions of this title, including the purchasing, building, leasing and
operation of distilleries and the manufacture of alcoholic beverages.
B. The net profits derived under the provisions of this title
shall be transferred by the Comptroller to the general fund of the state
treasury quarterly, within
fifty 50 days after the close of each
quarter or as otherwise provided in the appropriation act. As allowed by the
Governor, the Board may deduct from the net profits quarterly a sum for the
creation of a reserve fund not exceeding the sum of $2.5 million in connection
with the administration of this title and to provide for the depreciation on
the buildings, plants and equipment owned, held or operated by the Board.
C. The term "net profits" as used in this section means the total of all moneys collected by the Board less all costs, expenses and charges authorized by this section.
§ 4.1-120.1. Program for employees of discontinued government stores.
The Board shall establish a program for its employees whose positions are terminated as a result of the discontinuance of government stores and who do not qualify for or who choose not to accept early retirement. The program, developed in consultation with the Virginia Workforce Council, shall provide needed adult education and workforce training.
Notwithstanding any other provision of law, the Board shall give preference to qualified employees of the Department whose jobs are terminated as a result of the discontinuance of government stores when hiring to fill vacant positions within the Department.
§ 4.1-121. Referendum on establishment of package stores.
A. The qualified voters of any county, city, or town having a
population of 1,000 or more may file a petition with the circuit court of the
county or city, or of the county wherein the town or the greater part thereof
is situated, asking that a referendum be held on the question of whether the
by the Board of Alcoholic Beverages,
other than beer and wine not produced by farm wineries, of alcoholic
beverages by package store licensees of the Alcoholic Beverage Control Board should be permitted
within that jurisdiction. The petition shall be signed by qualified voters
equal in number to at least ten 10 percent of the number
registered in the jurisdiction on January 1 preceding its filing or by at least
100 qualified voters, whichever is greater. Upon the filing of a petition, the
court shall order the election officials of the county, city, or town, on the
date fixed in the order, to conduct a referendum on the question. The clerk of
the circuit court shall publish notice of the referendum in a newspaper of
general circulation in the county, city, or town once a week for three
consecutive weeks prior to the referendum.
The question on the ballot shall be:
"Shall the sale
by of alcoholic beverages by package store licensees
of the Alcoholic Beverage Control Board of alcoholic beverages, other than beer and wine not produced by farm wineries,
be permitted in ................ (name of county, city, or town)?"
The referendum shall be ordered and held and the results certified as provided in § 24.2-684. Thereupon the court shall enter of record an order certified by the clerk of the court to be transmitted to the Board and to the governing body of the county, city, or town.
B. Once a referendum has been held, no other referendum on the same question shall be held in the county, city, or town within four years of the date of the prior referendum. However, a town shall not be prescribed from holding a referendum within such period although an election has been held in the county in which the town or a part thereof is located less than four years prior thereto.
§ 4.1-122. Effect of local option referenda.
A. If in any referendum held under the provisions of § 4.1-121
in any county, city, or town a majority of the qualified voters vote
"No" on the question, then on and after
from the date on which the order of the court, setting forth the results of
such referendum was entered of record, none of the alcoholic beverages voted
against shall be sold in such county, city, or town except for delivery or
shipment to persons outside of such county, city, or town authorized under this
title to acquire the alcoholic beverages for resale. This subsection shall not
apply to common carriers of passengers by train, boat or airplane selling wine
and beer to bona fide passengers.
B. If in any such referendum held in any county, city, or town
in which a majority of the qualified voters have previously voted against
permitting the sale of alcoholic beverages by package store licensees of the Board and in a subsequent
election a majority of the voters of the county, city, or town vote
"Yes" on the question stated in § 4.1-121, then such alcoholic
beverages permitted to be sold by such referendum may, in accordance with this
title, be sold within the county, city, or town on and after
days from the day on which the order of the court setting
forth the results of such election is entered of record.
C. If any referendum is held under the provisions of § 4.1-124
in any county, town or supervisor's election district of a county and the
majority of voters voting in such referendum voted "Yes," the sale of alcoholic beverages by package store licensees of the
of alcoholic beverages, other than beer and wine
not produced by farm wineries, shall be permitted in such
county, town or supervisor's election district of a county. Notwithstanding
this section and any referendum held under § 4.1-121 to the contrary, persons
licensed to sell mixed beverages in such county, town or supervisor's election
district of a county shall also be permitted to sell wine and beer for
on-premises consumption, provided the appropriate license fees are paid for the
D. The provisions of this section shall not prevent in any county, city, or town, the sale and delivery or shipment of alcoholic beverages specified in § 4.1-200 to and by persons therein authorized to sell alcoholic beverages, nor prevent the delivery or shipment of alcoholic beverages under Board regulations into any county, city, or town, except as otherwise prohibited by this title.
E. For the purpose of this section, when any referendum is held in any town, separate and apart from the county in which such town or a part thereof is located, such town shall be treated as being separate and apart from such county.
§ 4.1-130. Importation of beverages not under customs or internal revenue bonds; storage in approved warehouses; release.
A. Notwithstanding the provisions of § 4.1-310, alcoholic beverages not under United States customs bonds or internal revenue bonds may be transported into and stored in the Commonwealth in warehouses which have been approved by the Board for that purpose.
The Board may refuse to approve any warehouse as a place where alcoholic beverages may be stored if it has reasonable cause to believe that the owner or operator of the warehouse is a person to whom or the place sought to be approved is one for which the Board may refuse to grant a license under the provisions of § 4.1-222, which shall apply mutatis mutandis, unless the provisions of such section are inapplicable.
The Board may disapprove any warehouse which has been approved as a place where alcoholic beverages may be stored if it has reasonable cause to believe that a ground exists for which the Board may suspend or revoke a license under the provisions of § 4.1-225, which shall apply mutatis mutandis, unless the provisions of such section are inapplicable.
B. Alcoholic beverages stored in warehouses in the Commonwealth
pursuant to this section shall be released only on permits issued by the Board
to the Board or
to persons entitled to receive them within or outside the Commonwealth.
§ 4.1-131. Importation of beverages under customs bonds and holding in warehouses; release.
A. Alcoholic beverages may be imported into the Commonwealth under United States customs bonds and be held in the Commonwealth in United States customs bonded warehouses. Alcoholic beverages may be removed from any such warehouse, wherever situated, to such a warehouse located in the Commonwealth and be held in the Commonwealth.
B. Alcoholic beverages so imported or removed to such
warehouses in the Commonwealth shall be released from customs bonds in the
Commonwealth only (i)
for delivery to
the Board, or to licensees entitled to receive them in the
Commonwealth, as provided in § 4.1-310; (ii) to boats engaged in foreign trade,
trade between the Atlantic and Pacific ports of the United States, trade
between the United States and any of its possessions outside of the several
states and the District of Columbia, or for shipment outside of the
Commonwealth; or (iii) in accordance with subsection C for the official or
personal use of persons who are on duty in the United States as members of the
armed forces of any foreign country, or their immediate family, authorized by
federal laws and regulations to receive imported alcoholic beverages free of
customs duties and internal revenue taxes.
C. Persons operating United States customs bonded warehouses and licensed as wholesalers or retailers may make sales and deliveries, in quantities determined by the Board, of alcoholic beverages held in customs bond to foreign armed forces personnel as provided in subsection B. Such sales may be made only on permits issued by the Board which shall cover the transportation of such imported alcoholic beverages, either by the operator of a customs bonded warehouse or purchaser from the operator, from such customs bonded warehouse to the place of duty or residence of such authorized persons.
§ 4.1-201. Conduct not prohibited by this title; limitation.
A. Nothing in this title or any Board regulation adopted pursuant thereto shall prohibit:
1. Any club licensed under this chapter from keeping for consumption by its members any alcoholic beverages lawfully acquired by such members, provided the alcoholic beverages are not sold, dispensed or given away in violation of this title.
2. Any person from having grain, fruit or fruit products and
any other substance, when grown or lawfully produced by him, distilled by any
distillery licensee, and selling the distilled alcoholic beverages to
the Board a package store licensee or selling or shipping them to any
person outside of the Commonwealth in accordance with Board regulations.
However, no alcoholic beverages so distilled shall be withdrawn from the place
where distilled except in accordance with Board regulations.
3. Any person licensed to manufacture and sell, or either, in
the Commonwealth or elsewhere, alcoholic beverages other than wine or beer,
from soliciting and taking orders from
the Board a package store licensee for
such alcoholic beverages.
4. The receipt by a person operating a licensed brewery of deliveries and shipments of beer in closed containers from other breweries owned by such person or the sale, delivery or shipment of such beer, in accordance with Board regulations to (i) persons licensed to sell beer at wholesale, (ii) persons licensed to sell beer at retail for the purpose of resale only as provided in subdivision B 4 of § 4.1-216, (iii) owners of boats registered under the laws of the United States sailing for ports of call of a foreign country or another state, and (iv) persons outside the Commonwealth for resale outside the Commonwealth.
5. The granting of any retail license to a brewery or winery licensee, or to an applicant for such license, or to a lessee of such person, a wholly owned subsidiary of such person, or its lessee, provided the places of business or establishments for which the retail licenses are desired are located upon the premises occupied or to be occupied by such winery or brewery, or upon property of such person contiguous to such premises, or in a development contiguous to such premises owned and operated by such person or a wholly owned subsidiary.
6. The receipt by a distillery licensee of deliveries and
shipments of alcoholic beverages, other than wine and beer, in closed
containers from other distilleries, or the sale, delivery or shipment of such
alcoholic beverages, in accordance with Board regulations, to
the Board package store licensees and to persons outside the
Commonwealth for resale outside the Commonwealth.
7. The receipt by a farm winery or winery licensee of deliveries and shipments of wine in closed containers from other wineries or farm wineries located inside or outside the Commonwealth, or the receipt by a winery licensee or farm winery licensee of deliveries and shipments of spirits distilled from fruit or fruit juices in closed containers from distilleries located inside or outside the Commonwealth to be used only for the fortification of wine produced by the licensee in accordance with Board regulations, or the sale, delivery or shipment of such wine, in accordance with Board regulations, to persons licensed to sell wine at wholesale for the purpose of resale, and to persons outside the Commonwealth for resale outside the Commonwealth.
8. The receipt by a fruit distillery licensee of deliveries and shipments of alcoholic beverages made from fruit or fruit juices in closed containers from other fruit distilleries owned by such licensee, or the sale, delivery or shipment of such alcoholic beverages, in accordance with Board regulations, to persons outside of the Commonwealth for resale outside of the Commonwealth.
9. Any farm winery or winery licensee from shipping or delivering its wine in closed containers to another farm winery or winery licensee for the purpose of additional bottling in accordance with Board regulations and the return of the wine so bottled to the manufacturing farm winery or winery licensee.
10. Any farm winery or winery licensee from selling and shipping or delivering its wine in closed containers to another farm winery or winery licensee, the wine so sold and shipped or delivered to be used by the receiving licensee in the manufacture of wine. Any wine received under this subsection shall be deemed an agricultural product produced in the Commonwealth for the purposes of § 4.1-219, to the extent it is produced from fresh fruits or agricultural products grown or produced in the Commonwealth. The selling licensee shall provide to the receiving licensee, and both shall maintain complete and accurate records of, the source of the fresh fruits or agricultural products used to produce the wine so transferred.
11. Any distiller licensed under this title from
serving as an agent of the Board for the sale of
alcoholic beverages, other than beer and wine, at a government store
established by the Board selling spirits on the licensed
premises of the distiller in accordance with subsection D of § 4.1-119 subdivision A 14 of § 4.1-210.
12. Any retail on-premises beer licensee, his agent or employee, from giving a sample of beer to persons to whom alcoholic beverages may be lawfully sold for on-premises consumption, or retail on-premises wine or beer licensee, his agent or employee, from giving a sample of wine or beer to persons to whom alcoholic beverages may be lawfully sold for on-premises consumption, or any mixed beverage licensee, his agent or employee, from giving a sample of wine, beer, or spirits to persons to whom alcoholic beverages may be lawfully sold for on-premises consumption. Samples of wine shall not exceed two ounces, samples of beer shall not exceed four ounces, and samples of spirits shall not exceed one-half ounce. No more than two product samples shall be given to any person per visit.
13. Any manufacturer, including any vendor authorized by any such manufacturer, whether or not licensed in the Commonwealth, from selling service items bearing alcoholic brand references to on-premises retail licensees or prohibit any such retail licensee from displaying the service items on the premises of his licensed establishment. Each such retail licensee purchasing such service items shall retain a copy of the evidence of his payment to the manufacturer or authorized vendor for a period of not less than two years from the date of each sale of the service items. As used in this subdivision, "service items" mean articles of tangible personal property normally used by the employees of on-premises retail licensees to serve alcoholic beverages to customers including, but not limited to, glasses, napkins, buckets, and coasters.
14. Any employee of an alcoholic beverage wholesaler or manufacturer, whether or not licensed in the Commonwealth, from distributing to retail licensees and their employees novelties and specialties, including wearing apparel, having a wholesale value of $10 or less and that bear alcoholic beverage advertising. Such items may be distributed to retail licensees in quantities equal to the number of employees of the retail establishment present at the time the items are delivered. Thereafter, such employees may wear or display the items on the licensed premises.
15. Any retail on-premises wine or beer licensee, his agent or employee from offering for sale or selling for one price to any person to whom alcoholic beverages may be lawfully sold a flight of wines or beers consisting of samples of not more than five different wines or beers.
B. No deliveries or shipments of alcoholic beverages to persons outside the Commonwealth for resale outside the Commonwealth shall be made into any state the laws of which prohibit the consignee from receiving or selling the same.
§ 4.1-206. Alcoholic beverage licenses.
The Board may grant the following licenses relating to alcoholic beverages generally:
1. Distillers' licenses, which shall authorize the licensee to
manufacture alcoholic beverages other than wine and beer, and to sell and
deliver or ship the same, in accordance with Board regulations, in closed
the Board package store licensees and to
persons outside the Commonwealth for resale outside the Commonwealth. Such licensee may also hold a limited package store
license under the conditions specified in subdivision A 14 of §
2. Fruit distillers' licenses, which shall authorize the
licensee to manufacture any alcoholic beverages made from fruit or fruit
juices, and to sell and deliver or ship the same, in accordance with Board
regulations, in closed containers, to
the Board package store licensees and to
persons outside the Commonwealth for resale outside the Commonwealth.
3. Banquet facility licenses to volunteer fire departments and volunteer rescue squads, which shall authorize the licensee to permit the consumption of lawfully acquired alcoholic beverages on the premises of the licensee by any person, and bona fide members and guests thereof, otherwise eligible for a banquet license. However, lawfully acquired alcoholic beverages shall not be purchased or sold by the licensee or sold or charged for in any way by the person permitted to use the premises. Such premises shall be a fire or rescue squad station or both, regularly occupied a