SB 254 — Alcoholic beverage control; delivery of alcoholic beverages, third-party delivery license.

however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1.

Corporations or associations operating a performing arts facility, provided the performing arts lease,facility the(i) originalis termowned ofby whicha wasgovernmental forentity; more than one year's duration;

(ii) is occupied by a for-profit entity under a bona fide lease, the original term of which was for more than one year's duration;

Persons operating food concessions at any performing arts facility located in the City of Norfolk or the City of Richmond, provided that the performing arts facility (i) is occupied under a bonSbona fide long-term lease or concession agreement, the original term of which was more than five years;

(2i)(ii) has a capacity in excess of 1,400 patrons;

(iii) has been rehabilitated in accordance with historic p4eservationpreservation standards;

and (iv) has monthly gross receipts from the sale of food cooked, or prepared, and cRnsumedconsumed on the premises and nonalcoholic beverages served on the premises that meet or exceed the monthly minimum established by Board regulations for mixed beverage restaurants;

Persons operating food concessions at any performing arts facility located in the City of Waynesboro, provided that the performing arts facility (i) is occupied under a bona fide long-term lease or concession agreement, the original term of which was more than five years;

(ii) has a total capacityecapacity in excess of 550 patrons;

(iii) has monthly gross receipts from the sale of food cooked, or prepared, and consumed on the premises and nonalcoholic beverages served on the premises that meet or exceed the monthly minimum established by Board rege.regulations for mixed beverage restaurants;

and (iv) has a total capacity in excess of 900 patrons;

e.

or County,h. provided that the corporate and performing arts facility (i) is occupied under a bona fideFairfax long-term lease, management, or concession agreement, the original term of which was more than one year and (ii) has a total capacity in excess of 1,400 patrons.

Persons operating food concessions at any corporate and performing arts facility located in Fairfax County, provided that the corporate and performing arts facility (i) is occupied under a bona fide long-term lease, management, or concession agreement, the original term of which was more than one year and (ii) has a total capacity in excess of 1,400 patrons.

Combined mixed beverage restaurant and caterer's licenses, which may be granted to any restaurant or hotel that meets the qualifications for both a mixed beverage restaurant pursuant to subdivision 1 and mixed beverage caterer pursuant to subdivision 2 for the same business location, and which license shall authorize the licensee to operate as both a mixed beverage restaurant and mixed beverage caterer at the same business premises designated in the license, with a common alcoholic separatebeverage foodinventory qualificationsfor establishedpurposes forof the mixed beverage restaurant license pursuant to subdivision 1 and mixedcatering beverageoperations. caterer's license pursuant to subdivision 2.

TheSuch grantinglicensee ofshall ameet licensethe pursuantseparate tofood ofqualifications 26established thisfor subdivision shall automatically authorize the licenseemixed tobeverage obtainrestaurant a license pursuant to sellsubdivision and servemixed winebeverage andcaterer's beerlicense forpursuant on-premisesto consumptionsubdivision or2. in closed containers for off-premises consumption;

The granting of a license pursuant to this subdivision shall automatically authorize the licensee to obtain a license to sell and serve wine and beer for on-premises consumption or in closed containers for off-premises consumption;

Such noncontiguous of 25 designated areas shall not be approved for any retail license issued pursuant to subdivision A 5 of § 4.1-201.

of 26 14.

Annual mixed beverage special events licenses to (i) a duly organized nonprofit corporation or association operating either a performing arts facility or an art education and exhibition faciEity;facility;

(iii) persons operating an agricultural event and entertainment park or similar facility that has a minimum of 50,000 square feet of indoor exhibRtexhibit space and equine and other livestock show areas, which includes barns, pavilions, or other structures equipped conductedwith onroofs, theexterior premiseswalls, of a museum for historic interpretation that is owned and operatedopen-door byor thentsclosed-door locality.access;

or (iv) a locality for special events conducted on the premises of a museum for historic interpretation that is owned and operated by the locality.

Such license shall authorize the licensee to sell alcoholic beverages during scheduled events and performances forLfor on-premises consumption in areas upon the licensed premises approved by the Board.

E B.

Hotels, restaurants, and clubs, which shall authorize the licensee to sell wine and beer (i) in closed containers for off-premises consumption or (ii) for on-premises consumption, either with or without meals, in dining areas and other designated areas of such restaurants, or in dining areas, private guest rooms, and other designated areas of such hotels or clubs, for consumption only in such rooms and of 25 areas.

However, with regard to a hotel classified by the Board as (a) a resort complex, the Board may authorize the sale and consumption of alcoholic beverages in all areas within the resort complex deemed appropriate by the Board or (b) a limited service hotel, the Board may authorize the sale and consumption of alcoholic beverages in dining areas, private guest rooms, and other designated aSeasareas to persons to whom overnight lodging is being provided, for on-premises consumption in such rooms 2ror areas, and without regard to the amount of gross receipts from the sale of food prepared and co4sumedconsumed on the premises, provided that at least one meal is provided each day by the hotel to such guesRs.guests.

With regard to facilities registered in accordance with Chapter 49 (§ 38.2-4900 et seq.) of Title 38.2 as continuing care communities that are also licensed by the Board under this subdivision, any resident may, upon authorization of the licensee, keep and consume his own lawfully acquired alcoholic designatedbeverages areas"on includes outdoor dining areas, whether or not contiguous to the licensedpremises premises,herin whichall may have more than one means of ingress and egress to an adjacent public thoroughfare, provided that such outdoor dining areas arecovered under the control of the licensee and approved by the Board.license.

For purposes of this subdivision, "other designated areas" includes outdoor dining areas, whether or not contiguous to the licensed premises, which may have more than one means of ingress and egress to an adjacent public thoroughfare, provided that such outdoor dining areas are under the control of the licensee and approved by the Board.

Rural grocery stores, which shall authorize the licensee to sell wine and beer for on-premises theconsumption grocery store is located in any town or in aclosed ruralcontainers area outside the corporate limits of any city or) town and (ii) it appears affirmatively that a substantial public demand for suchoff-premises licensedconsumption. establishment exists and that public convenience and the purposes of this title will be promoted by granting the license.

No license shall be granted unless (i) the grocery store is located in any town or in a rural area outside the corporate limits of any city or town and (ii) it appears affirmatively that a substantial public demand for such licensed establishment exists and that public convenience and the purposes of this title will be promoted by granting the license.

Upon authorization of the licensee, any person may keep and consume his own lawfully acquired alcoholic beverages on the premises in all areas and locations covered by the license.

Such licenses may be granted to persons operating food concessions atonsat coliseums, stadiums, racetracks, or similar facilities.

Such licenses may be granted to persons operating food concessions at any outdoor performing arts amphitheater, arena, or similar facility that (a) has seating for more than 20,000 persons and is than 3,500 persons and is located in thePrince William County of Albemarle, Alleghany, Augusta, Nelson, Pittsylvania, or Rockingham or the City of Charlottesville,Virginia Danville,Beach; or Roanoke;

or(b) (c) has seating or capacity for more than of3,500 26 9,500 persons and is located in Henricothe County.County of Albemarle, Alleghany, Augusta, Nelson, Pittsylvania, or Rockingham or the City of Charlottesville, Danville, or Roanoke;

or (c) has capacity for more than 9,500 persons and is located in Henrico County.

Such licenses may be granted to persons operating concert or dinner-theater venues on property fronting Natural Bridge School Road in Natural Bridge Station and formerly operated as Natural Bridge High of 25 School.

Licensees who are nonprofit corporations or associations conducting fundraisers (i) shall also be authorized to sell wine, as part of any fundraising activity, in closed containers for off-premises of 26 consumption to persons to whom wine may be lawfully sold;

and (iii) if conducting such fundraiser through an online meeting plaEform,platform, may ship such wine, in accordance with Board regulations, in closed containers to persons located within the Commonwealth.

For the purposes of this subdivision, when the location named inRthein the original application for a license is outdoors, the application may also name an alternative location in the holdingevent aof retailinclement wineweather. and beer license.

However, no such license shall be required of any hotel, restaurantOrestaurant, or club b.holding a retail wine and beer license.

b.

E c.

No more than 12 such licenses shall be granted to a club in theany licenseecalendar toyear. obtain a license to sell and serve wine and beer for on-premises consumption;

however,eThe thegranting licenseeof shalla belicense requiredpursuant to paythis thesubdivision localshall feeautomatically requiredauthorize forthe suchlicensee additionalto licenseobtain pursuanta license to §sell 4.1-233.1.and serve wine and beer for on-premises consumption;

however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1.

Tasting licenses, which shall authorize the licensee to sell or give samples of alcoholicSbeveragesalcoholic beverages of the type specified in the license in designated areas at events held by the licensee.

A tast2ngtasting license shall be issued for the purpose of featuring and educating the consuming public about the alcoh4licalcoholic of 25 beverages being tasted.

A separate license shall be required for each day of each tasting eventRevent. No tasting license shall be required for conduct authorized by § 4.1-201.1.

No tasting license shall be required for conduct authorized by § 4.1-201.1.

Annual banquet licenses to duly organized private nonprofit fraternal, patriotic, or charitable membership organizations that are exempt from state and federal taxation and in charge of banquets conducted exclusively for members and their guests, which shall authorize the licensee to serve wine and beer in rooms or areas approved by the Board for the occasion for on-premises consumption in such rooms or areas.

Banquet facility licenses to volunteer fire departments and volunteer emergency medical services agencies, 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.

Designated outdoor refreshment area licenses to a locality, business improvement district, or nonprofit organization, which shall authorize (i) the licensee to permit the consumption of alcoholic beverages within the area designated by the Board for the designated outdoor refreshment area and (ii) any permanent retail on-premises licensee that is located within the area designated by the Board for the designated outdoor refreshment area to sell alcoholic beverages within the permanent retail location for consumption in the area designated for the designated outdoor refreshment area, including sidewalks and the premises of businesses not licensed to sell alcoholic beverages at retail, upon approval of such businesses.

Such ordinance shall include the size and scope of the area within which such events will be held, a public safety plan, and any other considerations deemed necessary by the Board.

Such limitations on the number of events that may be held shall not apply during the effective dates of any rule, regulation, or order that is issued by the Governor or State of 26 Health Commissioner to meet a public health emergency and that effectively reduces allowable restaurant seating capacity;

The privileges of this of 25 license shall be (i) limited to the premises of the licensee, regularly occupied and utilized for equestrian, hunt, and steeplechase events, and (ii) exercised on no more than four calendar days per year.

Bottler licenses, which shall authorize the licensee to acquire and receive deliveries and shipments of beer in closed containers and to bottle, sell, and deliver or ship it, in accordance with Board of 26 regulations to (i) wholesale beer licensees for the purpose of resale, (ii) owners of boats registered under the laws of the United States sailing for ports of call of a foreign country or another state, Endand (iii) persons outside the Commonwealth for resale outside the Commonwealth.

Fulfillment warehouse licenses, which shall authorize associations as defined in § 13.1-313 with a place of business located in the Commonwealth to (i) receive deliveries and shipments of wine oRor beer owned by holders of wine and beer shipper's licenses;

(ii) store such wine or beer on behalf of the Boardowner; regulations.

Noand wholesale(iii) winepick, orpack, wholesaleand beership licensee, whether licensed in the accordOnce with Commonwealth or not, or any person under common control of such licensee,wine shall acquire or holdbeer anyas financialdirected interest,by directthe orowner, indirect,all in theaccordance businesswith forBoard whichregulations. any fulfillment warehouse license is issued.

LNo 5.wholesale wine or wholesale beer licensee, whether licensed in the Commonwealth or not, or any person under common control of such licensee, shall acquire or hold any financial interest, direct or indirect, in the business for which any fulfillment warehouse license is issued.

Marketing5. portal licenses, which shall authorize agricultural cooperative associations orEanized under the provisions of the Agricultural Cooperative Association Act (§ 13.1-312 et seq.), with a place of business located in the Commonwealth, in accordance with Board regulations, to solicit and receive orders for wine or beer through the use of the Internet from persons in the Commonwealth to whom wine or beer may be lawfully sold, on behalf of holders of wine and beer shipper's licenses.

UponMarketing shipper'sportal licenselicenses, which shall authorize agricultural cooperative associations organized under the provisions of the Agricultural Cooperative Association Act (§ 13.1-312 et seq.), with a place of business located in the Commonwealth, in accordance with Board regulations, to solicit and receive orders for fulfillment.wine or beer through the use of the Internet from persons in the Commonwealth to whom wine or beer may be lawfully sold, on behalf of holders of wine and beer shipper's licenses.

Upon receipt of an order for wine or beer, the licensee shall forward it to a holder of a wine and beer shipper's license for fulfillment.

S § 4.1-206.3.

2 A.

4 1.

Mixed beverage restaurant licenses, which shall authorize the licensee to sell and serve Rixedmixed beverages for consumption in dining areas and other designated areas of such restaurant.

Such license may be granted only to persons (i) who operate a restaurant and (ii) whose gross receipts from the sale of food cooked, or prepared, and consumed on the premises and nonalcoholic beverages served on the premises, after issuance of such license, amount to at least 45 percent of the gross receipts from the sale of mixed beverages and food.

For the purposes of this subdivision, other designated areas shall includesaleinclude of 25 outdoor dining areas, whether or not contiguous to the licensed premises, which outdoor dining areas may have more than one means of ingress and egress to an adjacent public thoroughfare, provided such areas are under the control of the licensee and approved by the Board.

If the restaurant is located on the premises of a hotel or motel with no fewer than four permanent bedrooms where food and beverage service is customarily provided by the restaurant in designated areas, bedrooms, and other private rooms of such hotel or motel, such licensee may (a) sell and serve mixed beverages for consumption in such designated areas, bedrooms, and other private rooms and (b) sell spirits packaged in original closed containers purchased from the Board for on-premises consumption to registered guests and at scheduled functions of such hotel or motel only in such bedrooms or privatetoprivate rooms.

If the restaurant is located on the premises of and operated by a private, nonprofit, or profit club exclusively for its members and their guests, or members of another private, nonprofit, or profit club in another city with which it has an agreement for reciprocal dining privileges, such license shall also authorize the licensees to (1) sell and serve mixed beverages for on-premises consumption and (2) sell 50spirits that are packaged in original closed containers with a maximum capacity of two fluid ounces or milliliters and purchased from the Board for on-premises consumption.

Where such club prepares noorno food in its restaurant but purchases its food requirements from a restaurant licensed by the Board and located on another portion of the premises of the same hotel or motel building, this fact shall not prohibit the granting of a license by the Board to such club qualifying in all other respects.

If the restaurant is located on the premises of and operated by a municipal golf course, the Board shall recognize the seasonal nature of the business and waive any applicable monthly food sales requirements for those months when weather conditions may reduce patronage of the golf course,scourse, provided that prepared food, including meals, is available to patrons during the same months.

The gross of 26 receipts from the sale of food cooked, or prepared, and consumed on the premises and nonalcoholic beverages served on the premises, after the issuance of such license, shall amount to at least 45 percent of the gross receipts from the sale of mixed beverages and food on an annualized basis.

For purposes of supplying its airplanes, as well as any airplanes of a licensed express carrier flying under the same brand, an air of 25 carrier licensee may appoint an authorized representative to load alcoholic beverages onto the same airplanes and to transport and store alcoholic beverages at or in close proximity to the airport where the alcoholic beverages will be delivered onto airplanes of the air carrier and any such licensed express carrier.

Such license may be granted only to persons who operate a restaurant and in no event shall the sale of such wine or liqueur-based drinks, together with the sale of any other alcoholic beverages, of 26 exceed 10 percent of the total annual gross sales of all food and alcoholic beverages.

The granting of a license pursuant to this subdivision shall automatically authorize the licensee to obtain a licEnselicense to sell and serve wine and beer for on-premises consumption or in closed containers for off-premises consumption;

R 7.

Annual mixed beverage performing arts facility licenses, which shall (i) authorize the licensee to sell, on the dates of performances or events, alcoholic beverages in paper, plastic, or similar disposable containers or in single original metal cans for on-premises consumption in all seating areas, concourses,econcourses, walkways, concession areas, similar facilities, and other areas upon the licensed premises approved by the Board and (ii) automatically authorize the licensee to obtain a license to sell and serve wine and beer for on-premises consumption or in closed containers for off-premises consumption;

however, the licensee shall be required to pay the local fee required for such additional license pursuant tEto § 4.1-233.1.

and (iii) has been rehabilitated in b.accordance with historic preservation standards;

b.

(iii) has been rehabilitated in accordance with historic pSeservationpreservation standards;

and (iv) has monthly gross receipts from the sale of food cooked, or prepared, and c2nsumedconsumed on the premises and nonalcoholic beverages served on the premises that meet or exceed the month4ymonthly minimum established by Board regulations for mixed beverage restaurants;

R c.

(ii) has a total capacity standards;ofin excess of 550 patrons;

and (iii) has been rehabilitated in accordance with historic preservation d.standards;

d.

(iii) has monthly gross receipts from the sale of food cooked, or prepared, and consumed on the premises and nonalcoholic beverages served on the premises that meet or exceed the monthly minimum established by Board of 25 regulations for mixed beverage restaurants;

Persons operating food concessions at any multipurpose theater located in the historical district of andthe (ii)Town hasof aBridgewater, totalprovided capacitythat inthe excesstheater of(i) 100is patrons;is owned and operated by a governmental entity f.and (ii) has a total capacity in excess of 100 patrons;

f.

Persons operating food concessions at any corporate and performing arts facility located in Fairfax County, provided that the corporate and performing arts facility (i) is occupied under a bona fide long-term lease, management, or concession agreement, the original term of which was more than one year and (ii) has a total capacity in excess of 1,400 patrons.

Such licensee shall meet the separate food qualifications established for the mixed beverage restaurant license pursuant to subdivision thisand subdivisionmixed shallbeverage automaticallycaterer's authorizelicense thepursuant licensee to obtainsubdivision a2. license to sell and serve wine and beer for on-premises consumption or in closed containers for off-premises consumption;

however,The thegranting of 26a licenseelicense pursuant to this subdivision shall beautomatically requiredauthorize the licensee to payobtain thea locallicense feeto requiredsell and serve wine and beer for suchon-premises additionalconsumption licenseor pursuantin toclosed §containers 4.1-233.1.for off-premises consumption;

however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1.

of 25 Alcoholic beverages shall not be sold or charged for in any way by the commercial lifestyle center licensee.

(ii) a of 26 nonprofit corporation or association chartered by Congress for the preservation of sites, buildings, and objects significant in American history and culture;

(iii) persons operating an agricultural evEntevent and entertainment park or similar facility that has a minimum of 50,000 square feet of indoor exhibit space and equine and other livestock show areas, which includes barns, pavilions, or other structures equipped with roofs, exterior walls, and open-door or closed-door access;

or (iv) a locality for specialReventsspecial events conducted on the premises of a museum for historic interpretation that is owned and operated by the bonalocality. fide lease, the original term of which was for more than one year's duration.

SuchThe licenseoperation shallain authorizeall thecases licenseeshall tobe sellupon alcoholicpremises beveragesowned duringby scheduledsuch eventslicensee andor performancesoccupied forLunder on-premisesa consumptionbona infide areaslease, upon the licensedoriginal premisesterm approvedof bywhich thewas Board.for more than one year's duration.

Such license shall authorize the licensee to sell alcoholic beverages during scheduled events and performances for on-premises consumption in areas upon the licensed premises approved by the Board.

L 1.

Hotels, restaurants, and clubs, which shall authorize the licensee to sell wine and beer Ei)(i) in closed containers for off-premises consumption or (ii) for on-premises consumption, either with or without meals, in dining areas and other designated areas of such restaurants, or in dining areas, private guest rooms, and other designated areas of such hotels or clubs, for consumption only in such rooms and areas.

However, with regard to a hotel classified by the Board as (a) a resort complex, the Board may authorize the sale and consumption of alcoholic beverages in all areas within the resort complex deemed appropriate by the Board or (b) a limited service hotel, the Board may authorize the sale andlexand deemed 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 coSsumedconsumed on the premises, provided that at least one meal is provided each day by the hotel to such gues2s.guests.

With regard to facilities registered in accordance with Chapter 49 (§ 38.2-4900 et seq.) of Title 384238.2 as continuing care communities that are also licensed by the Board under this subdivision, any resRdentresident 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.

For purposes of this subdivision, "other designated areas" includes outdoor dining areas, whether or not contiguous to the licensed premises, which may have more than one means of ingress and egress to an adjacent public thoroughfare, provided that such outdoor dining areas are under the control of the licensee and approved by the Board.

No license shall be granted unless (i) the grocery store is located in any town or in a rural area outside the corporate limits of any city or town and (ii) it appears affirmatively that a substantial public demand for such licensed establishment exists and that public convenience and the purposes of this title will be promoted by granting thehmentthe license.

Coliseums, stadiums, and racetracks, which shall authorize the licensee to sell wine and beer of 25 during any event and immediately subsequent thereto to patrons within all seating areas, concourses, walkways, concession areas, and additional locations designated by the Board (i) in closed containers for off-premises consumption or (ii) in paper, plastic, or similar disposable containers or in single original metal cans for on-premises consumption.

Such licenses may be granted to persons operating food concessions at col5.coliseums, stadiums, racetracks, or similar facilities.

5.

(b) has seating or capacity for more than 3,500 persons and is located in the County of Albemarle, Alleghany, Augusta, Nelson, Pittsylvania, 9,500or personsRockingham andor isthe locatedCity inof HenricoCharlottesville, County.anville,Danville, or Roanoke;

or (c) has capacity for more than 6.9,500 persons and is located in Henrico County.

Exhibition6. halls, which shall authorize the licensee to sell wine and beer during the event to of 26 patrons or attendees within all seating areas, exhibition areas, concourses, walkways, concession areas, and such additional locations designated by the Board in such facilities (i) in closed containers for off-premises consumption or (ii) in paper, plastic, or similar disposable containers or in single original metal cans for on-premises consumption.

Exhibition halls, which shall authorize the licensee to sell wine and beer during the event to patrons or attendees within all seating areas, exhibition areas, concourses, walkways, concession areas, and such additional locations designated by the Board in such facilities (i) in closed containers for off-premises consumption or (ii) in paper, plastic, or similar disposable containers or in single original metal cans for on-premises consumption.

of 25 2.

and (iii) if conducting such fundraiser through an online meeting platform, may of 26 ship such wine, in accordance with Board regulations, in closed containers to persons located within the Commonwealth.

Except as provided in § 4.1-215, a separate license shall be required for each daEday of each banquet or special event.

However, no such license shall be required of any hotel, restaurantRrestaurant, or club holding a retail wine and beer license.

chargeb. of a special event, which shall authorize the licensee to sell and serve mixed beverages foron in on-premises consumption in areas approved by the Board on the premises of the place designated in the license.

Mixed beverage special events licenses to a duly organized nonprofit corporation or association in charge of a special event, which shall authorize the licensee to sell and serve mixed beverages for on-premises consumption in areas approved by the Board on the premises of the place designated in the license.

Mixed beverage club events licenses to a club holding a wine and beer club license, which shall authorize the licensee to sell and serve mixed beverages for on-premises consumption by club meEbersmembers and their guests in areas approved by the Board on the club premises.

however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1.

shall be required to pay the local fee required for such additional license pursuant to d.

A tasting license shall be issued for the purpose of featuring and educating the consuming public about the alcohSlicalcoholic beverages being tasted.

A separate license shall be required for each day of each tasting event2event. No tasting license shall be required for conduct authorized by § 4.1-201.1.

4No 2.tasting license shall be required for conduct authorized by § 4.1-201.1.

2.

R a.

Annual banquet licenses to duly organized private nonprofit fraternal, patriotic, or charitable membership organizations that are exempt from state and federal taxation and in charge of banquets conducted exclusively for members and their guests, which shall authorize the licensee to serve wine and beer in rooms or areas approved by the Board for the occasion for on-premises consumption in such rooms or areas.

Such license shall authorize the licensee to conduct no more than 12 banquets persuchper calendar year.

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 volunteer fire or volunteer emergency medical services agencyseagency the station or both, regularly occupied as such and recognized by the governing body of the county, city, or town in which it is located.

Designated outdoor refreshment area licenses to a locality, business improvement district, or nonprofit organization, which shall authorize (i) the licensee to permit the consumption of alcoholic beverages within the area designated by the Board for the designated outdoor refreshment area and (ii) of 25 any permanent retail on-premises licensee that is located within the area designated by the Board for the designated outdoor refreshment area to sell alcoholic beverages within the permanent retail location forefor consumption in the area designated for the designated outdoor refreshment area, including sidewalks and the premises of businesses not licensed to sell alcoholic beverages at retail, upon approval of such businesses.

Such limitations on the number of events that may be held shall not apply during the effective dates of any rule, regulation, or order that is issued by the Governor or State Health Commissioner to meet a public health emergency and that effectively reduces allowableernorallowable or State restaurant seating capacity;

however, designated outdoor refreshment area licensees shall be subject to all of 26 other applicable provisions of this title and Board regulations and shall provide notice to the Board regarding the days and times during which the privileges of the license will be exercised.

of 25 1.

Bottler licenses, which shall authorize the licensee to acquire and receive deliveries and shipments of beer in closed containers and to bottle, sell, and deliver or ship it, in accordance with Board regulations to (i) wholesale beer licensees for the purpose of resale, (ii) owners of boats registered under the laws of the United States sailing for ports of call of a foreign country or another state, and (iii) of 26 persons outside the Commonwealth for resale outside the Commonwealth.

Fulfillment warehouse licenses, which shall authorize associations as defined in § 13.1-3E313.1-313 with a place of business located in the Commonwealth to (i) receive deliveries and shipments of wine or beer owned by holders of wine and beer shipper's licenses;

and (iii) pick, pack, and ship such wine or beer as directed by the owner, all in accordRnceaccordance with Board regulations.

No wholesale wine or wholesale beer licensee, whether licensed in the Commonwealth or not, or any person under common control of such licensee, shall acquire or hold any financial interest, direct or indirect, in the business for which any fulfillment warehouse license is issued.

L 5.

Marketing portal licenses, which shall authorize agricultural cooperative associations organized under the provisions of the Agricultural Cooperative Association Act (§ 13.1-312 et seq.), with a place of business located in the Commonwealth, in accordance with Board regulations, to solicit and rEceivereceive orders for wine or beer through the use of the Internet from persons in the Commonwealth to whom wine or beer may be lawfully sold, on behalf of holders of wine and beer shipper's licenses.

Marketing portal licensees may also accept payment on behalf of the shi6.shipper.

6.

Any brewery, winery, or farm winery located within or outside the Commonwealth that is S authorized to engage in the retail sale of wine or beer for off-premises consumption may delive2deliver the brands of beer, wine, and farm wine produced by the same brewery, winery, or farm winery in clo4edclosed containers to consumers within the Commonwealth for personal off-premises consumption.

R B.

Any person licensed to sell wine and beer at retail for off-premises consumption in the Commonwealth, and who is not a brewery, winery, or farm winery, may deliver the brands of beer, wine, and farm wine it is authorized to sell in closed containers to consumers within the Commonwealth deliveriesfor maypersonal beoff-premises madeconsumption. to (i) a person's vehicle if located in a designated parking area of the licensee's premises where such person has electronically ordered beer, wine, or farm wine in advance of the delivery or (ii) such other locations as may be permitted by Board regulation.

Notwithstanding any provision of law to the contrary, such deliveries may be made to (i) a person's vehicle if located in a designated parking area of the licensee's premises where such person has electronically ordered beer, wine, or farm wine in advance of the delivery or (ii) such other locations as may be permitted by Board regulation.

Any person licensed to sell mixed beverages at retail for off-premises consumption in the Commonwealth may deliver any mixed beverages it is authorized to sell in closed containers to consumers within the Commonwealth for personal off-premises consumption.

Notwithstanding anyoany provision of law to the contrary, such deliveries may be made to (i) a person's vehicle if located in a designated parking area of the licensee's premises where such person has electronically ordered mixed beverages in advance of the delivery or (ii) such other locations as may be permitted by Board regulation.

Notwithstanding any provision of law to the contrary, such deliveries may be made to (i) a person's vehicle if located in a designated parking area of the licensee's premises where such person has electronically ordered mixed beverages in advance of thehethe delivery or (ii) such other locations as may be permitted by Board regulation.

Such deliveries shall be performed by either (i) the owner or any agent, officer, director, shareholder, or employee of the licensee or permittee or (ii) an of 25 independent contractor of the licensee or permittee, provided that (a) the licensee or permittee has entered into a written agreement with the independent contractor establishing that the licensee or permittee shall be vicariously a third-party delivery licensee pursuant to § 4.1-212.2.

The licensee performing the delivery shall be liable for any administrative violations of this section or § 4.1-304 committed by the independent contractor relating to any deliveries of alcoholic beverages made on Alcoholicbehalf beveragesof shallthe notlicensee beor deliveredpermittee afterand 11:00(b) p.m.only during transport through completion of the delivery.

Alcoholic beverages shall not be delivered after 11:00 p.m.

Only one individualy.individual takes may take possession of the alcoholic beverages during the course of the delivery.

takesNo maymore takethan possessionfour cases of thewine nor more than four cases of beer may be delivered at one time to any person in Virginia to whom alcoholic beverages duringmay be lawfully sold, except that the courselicensee or permittee may deliver more than four cases of wine or more than four cases of beer if he notifies the delivery.Authority in writing at least one business day in advance of any such delivery, which notice contains the name and address of the intended recipient.

No more than of 26 four cases of wine nor more than four cases of beer may be delivered at one time to any person in Virginia to whom alcoholic beverages may be lawfully sold, except that the licensee or permittee may deliver more than four cases of wine or more than four cases of beer if he notifies the Authority in writing at least one business day in advance of any such delivery, which notice contains the name and address of the intended recipient.

Any brewery, winery, or farm winery located within or outside the Commonwealth that is of 25 authorized to engage in the retail sale of wine or beer for off-premises consumption may deliver the brands of beer, wine, and farm wine produced by the same brewery, winery, or farm winery in closed containers to consumers within the Commonwealth for personal off-premises consumption.

Any person licensed to sell wine and beer at retail for off-premises consumption in the Commonwealth, and who is not a brewery, winery, or farm winery, may deliver the brands of beer, of 26 wine, and farm wine it is authorized to sell in closed containers to consumers within the Commonwealth for personal off-premises consumption.

Notwithstanding any provision of law to the contrary, suEhsuch deliveries may be made to (i) a person's vehicle if located in a designated parking area of the licensee's premises where such person has electronically ordered beer, wine, or farm wine in advance of the delivery or (ii) such other locations as may be permitted by Board regulation.

R C.

Any person located outside the Commonwealth who is authorized to sell wine or beer at retail for off-premises consumption in its state of domicile, and who is not a brewery, winery, or farm winery, may apply for a delivery permit that shall authorize the delivery of any brands of beer, wine, and farm wine it is authorized to sell in its state of domicile, in closed containers, to consumers within the Commonwealth for personal off-premises consumption.

All such deliveries of beer, wine, or farm wine shall be performed by Eithereither (i) the owner or any agent, officer, director, shareholder, or employee of the licensee or permittee or (ii) an independent contractor of the licensee or permittee, provided that (a) the licensee or permittee has entered into a written agreement with the independent contractor establishing that the licensee or permittee shall be vicariously a third-party delivery licensee pursuant to § 4.1-212.2.

The licensee performing the delivery shall be liable for any administrative violations of this section or § 4.1-304 committed by the independent contractor relating to any deliveries of beer, wine, or farm wine made on behalf of the licensee or permittee and (b) only during transport through completion of the delivery.

NoSmoreNo more than four cases of wine nor more than four cases of beer may be delivered at one time to any pe2sonperson in Virginia to whom alcoholic beverages may be lawfully sold, except that the licensee or permitte4permittee may deliver more than four cases of wine or more than four cases of beer if he notifies the AuthoriRyAuthority in writing at least one business day in advance of any such delivery, which notice contains the name and address of the intended recipient.

Except as otherwise provided in this subtitle, wine or beer sold for off-premises consumption or delivered pursuant to this section that are not in the manufacturer's original sealed container shall (a) be enclosed in a container that has no straw holes or other openings and is sealed in a manner that allows a person to readily discern whether the container has beenopeningsbeen opened or tampered with subsequent to its original closure;

Such regulations shall include provisions that require (1) (A) the recipient to demonstrate, upon delivery, that he is at least 21 years of age and (2) (B) the recipient to sign an electronic or paper forE.form or other acknowledgement of receipt as approved by the Board.

E.

For purposes of this subsection, "keg registration seal" means any document, stamp, declaration, seal, decal, sticker, or device that is approved by the Board, designed to be affixed to kegs, and displays a registration number and such other inf§information 4.1-212.2.as may be prescribed by the Board.

§ 4.1-212.2.

(i) alcoholic beverages shall be delivered only to persons who are 21 years of age or older and have provided valid identification that provides bona fide of 25 evidence of legal age, as prescribed in § 4.1-304;

(ii) the third-party delivery licensee shall verify at the time of delivery that the recipient is 21 years of age or older, ensure that the recipient's identification of 26 bears a photograph that reasonably appears to match the appearance of the recipient, and record the recipient's name and date of birth and the address to which the alcoholic beverages were delivered;

The applicant shall also cause notice to be published at least once a week for two consecutive weeks in a newspaper published in or having a general circulation in the county, city, or town wherein such of 26 applicant proposes to engage in such business.

Such notice shall contain such information as required by of 25 the Board, including a statement that any objections to the issuance of the license be submitteEsubmitted to the Board not later than 30 days from the date of the initial newspaper publication.

In the case of wine and beer shipper's licensees, third-party delivery licensees, delivery permittees, or operators of boats, dining cars, buffet cars, club cars, buses, and airplanes, the posting and publishing of notice shall Rotnot be required.

Except for applicants for annual banquet, banquet, tasting, mixed beverage special events, club events, annual mixed beverage banquet, wine and beer shipper's, beer or wine importer's, annual arts venue, or museum licenses, the Board shall conduct a background investigation, to include a criminal history records search, which may include a fingerprint-based national criminal history records search, on each applicant for a license.

However, the Board may waive, for good cause shown, the requirement for a criminal history records search and completed personal data form for officers, directors,Edirectors, nonmanaging members, or limited partners of any applicant corporation, limited liability company, or limited partnership.

D Except for applicants for wine and beer shipper's licenses and delivery permits, the Board shall notify the local governing body of each license application through the county or city attorney or the chief tolaw-enforcement theor grantingadministrative ofofficer a license within 30 days of the filinglocality. of the application.dies shall submit objections C.

Local governing bodies shall submit objections to the granting of a license within 30 days of the filing of the application.

C.

Each license application fee, including annual banquet and annual mixed beverage banquet, shall be $195, plus the actual cost charged to the Department of State Police by the Federal Bureau of InvestiSationInvestigation or the Central Criminal Records Exchange for processing any fingerprints through the Federal Burea2Bureau of Investigation or the Central Criminal Records Exchange for each criminal history records search4requiredsearch required by the Board, except for banquet, tasting, or mixed beverage club events licenses, in which casRcase the application fee shall be $15.

allD. licensees shall file and maintain with the Board a current, accurate record of the information required by the Board pursuant to subsection A and notify the Board of any changes to such information in accordance with Board regulations.

Subsection A shall not apply to the continuance of licenses granted under this chapter;

however, all licensees shall file and maintain with the Board a current, accurate record of the information required by the Board pursuant to subsection A and notify the Board of any changes to such information in accordance with Board regulations.

§F. 4.1-231.1 as it was in effect on January 1, 2022.

The Board shall have the authority to increase state license fees from the amounts set forth in § 4.1-231.1 as it was in effect on January 1, 2022.

1.

Manufacturer licenses.

For each:

d.

Farm winery license, $245 for any Class A license and $4,730 for any Class B license;

andClass A license and $4,730f. for any Class B license;

f.

of 26 2.

and of 25 (2) Wholesale beer license applicable to two or more premises, the annual state license tax shall be the amount set forth in subdivision a (1), multiplied by the number of separate locations covered by the license;

of 26 a.

(1) Banquet license, $40 per license granted by the Board, except for banquet licenses grantEdgranted by the Board pursuant to subsection A of § 4.1-215, which shall be $100 per license;

N (3) Mixed beverage club events license, $35 for each day of each event;

and R (4) Tasting license, $40.

(1)b. Annual banquet license, $300;

OAnnual (2)licenses. Banquet facility license, $260;

LFor (3)each: Designated outdoor refreshment area license, $300.

of 25 (1) Annual banquet license, $300;

(2) Banquet facility license, $260;

(3) Designated outdoor refreshment area license, $300.

L (4) Annual mixed beverage banquet license, $630;

E (5) Equine sporting event license, $300;

D 7.

a.

Wine and beer shipper's license, $230;

and S f.

Third-party delivery license, $7,500, unless the licensee provides written certification 2oto the Board that the licensee has no more than 25 delivery personnel, including employees, agents, and inde4endentindependent contractors that engage in direct-to-consumer alcoholic beverage delivery, in which case the liRenselicense fee shall be $2,500.

equalB. to one-twelfth of the taxes required by subsection A computed to the nearest cent, multiplied bye the number of months in the license period, and then increased by five percent.

The tax on each license granted or reissued for a period other than 12, 24, or 36 months shall be equal to one-twelfth of the taxes required by subsection A computed to the nearest cent, multiplied by the number of months in the license period, and then increased by five percent.

and in ascertaining the liability of a wholesale wine distributor to merchants' license taxation, and in computing the wholesale merchants' license tax on a wholesale wine distributor, the first $163,800 of wine purchases shall be disregarded.

A Unless the driver is delivering alcoholic beverages in accordance with the provisions of § 4.1-212.1, a rebuttable presumption that the driver has consumed an alcoholic beverage in violation of this section shall be created if (i) an open container is located within the passenger area of the motor vehicle, (ii) the alcoholic beverage in the open container has been at least partially removed, and (iii) the appearance, conduct, odor of alcohol, speech, or other physical characteristic of the driver of the motor vehicle may be reasonably associated with the consumption of an alcoholic beverage.

This term shall "Passenger area" does not include the trunk of any passenger vehicle, the area behind the last upright seat of a passenger van, station wagon, hatchback, sport utility vehicle, or any similar vehicle, the living quarters of a motor home, or the passenger area of a motor vehicle designed,ydesigned, similar maintained, or used primarily for the transportation of persons for compensation, including a bus, taxi, of 26 or limousine, while engaged in the transportation of such persons.

That the Virginia Alcoholic Beverage Control Authority (the Authority) shall monitor the of 25 implementation of the provisions of this act to identify any difficulties of third-party delivery licensees in determining locations to which alcoholic beverages may be delivered and the adequacy of applicable training and education programs.