SB 400 — Alcoholic beverage control; annual mixed beverage performing arts facility licenses.

Lof 31 "Sangria" means a drink consisting of red or white wine mixed with some combination of E sweeteners, fruit, fruit juice, soda, or soda water that may also be mixed with brandy, triple sec, or other similar spirits.

D "Special agent" means an employee of the Virginia Alcoholic Beverage Control Authority whom the Board has designated as a law-enforcement officer pursuant to § 4.1-105.

and"Special conductedevent" formeans an athletic,event charitable,sponsored civic, educational, political, or religious purpose.ation "Spirits" means any beverage that contains alcohol obtained by distillationa mixedduly withorganized drinkablenonprofit watercorporation andor otherassociation substances, in solution, and includes,conducted amongfor otheran things,athletic, brandy,charitable, rum,civic, whiskey,educational, andpolitical, gin, or anyreligious onepurpose. or more of the last four named ingredients, but shall not include any such liquSrs completely denatured in accordance with formulas approved by the United States government.

4"Spirits" "Sportsmeans facility"any meansbeverage athat coliseum,contains stadium,alcohol racetrack,obtained orby similardistillation facilitymixed atwith whichdrinkable professionalwater sports,and asother definedsubstances, in §solution, 58.1-4030,and includes, among other things, brandy, rum, whiskey, and gin, or similarany events,one theor typesmore of whichthe arelast four named ingredients, but shall not include any such liquors completely denatured in accordance with formulas approved by the AuRhority,United areStates conducted.government.

"Wine""Sports facility" means anya alcoholiccoliseum, beverage,stadium, includingracetrack, cider,or obtainedsimilar byfacility theat fermentationwhich ofprofessional thesports, naturalas sugardefined contentin of§ fruits58.1-4030, or othersimilar agriculturalevents, productsthe containingtypes (i)of sugar,which includingare honeyapproved andby milk,the (iii)Authority, noare productconducted. of distillation.

"Wine" includesmeans any winealcoholic tobeverage, whichincluding winecider, spiritsobtained haveby beenthe added,fermentation asandof provided in the Internalnatural Revenuesugar Code,content toof makefruits productsor commonlyother knownagricultural asproducts "fortifiedcontaining wine"(i) whichsugar, doincluding nothoney exceedand anmilk, alcoholeither contentwith ofor 21without percentadditional bysugar; volume.

(ii) one-half of one percent or more of alcohol by volume;

and (iii) no product of distillation.

"Wine" 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.

"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 for required by § 4.1-206.3, or the monthly food sale requirement established by Board regulation, is met by such retail licensee.

Fix, alter, charge, and collect rates, rentals, fees, and other charges for the use of property of, the sale of products of, or services rendered by the Authority at rates to be determined by the Authority for the4.the purpose of providing for the payment of the expenses of the Authority;

4.

Receive and accept from any federal or private agency, foundation, corporation, association, or person grants or other aid to be expended in accomplishing the objectives of the Authority, and receive and accept from the Commonwealth or any state and any municipality, county, or other political subdivision thereof or from any other source aid or contributions of either money, property, or other things of value, to be held, used, and applied only for the purposes for which such grants and of 32 contributions may be made.

Conduct or engage in any lawful business, activity, effort, or project consistent with the of 31 Authority's purposes or necessary or convenient to exercise its powers;

A consent agreement shall not be considered a case of 32 decision of the Board and shall not be subject to judicial review under the provisions of the Administrative Process Act (§ 2.2-4000 et seq.), but may be considered by the Board in future E disciplinary proceedings;

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 andRofand of its subdivisions if the information requested is for official use and (ii) persons who have a personal or legal tradeinterest purposes;ainingin obtaining the information requested if such information is not to be used for commeOcialcommercial or 23.trade purposes;

23.

E 25.

D 26.

Executive28. Officer as the Board deems appropriate;e or regulatory changes suggested by the Chief 29.

Review and approve any proposed legislative or regulatory changes suggested by the Chief of 31 Executive Officer as the Board deems appropriate;

29.

Establish and collect fees for all permits set forth in this subtitle, including fees asSociatedassociated with applications for such permits;

4 31.

Impose a requirement that a mixed beverage casino licensee pursuant to subdivision A 15 14 of § 4.1-206.3 pay for any cost incurred by the Board to enforce such license in excess of the appRicableapplicable state license fee;

A.

The Board may grant the following mixed beverages licenses:

For the purposes of this subdivision, other designated areas shall include 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 pursuant to subdivision A 5 of § 4.1-201.ed areas shall not be approved for any retail license issued 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 restaurantBoard. in designated areas, bedrooms, and other private rooms of such hotel or motel, such licensee may (a) sell and serve mixed beverages for on-premises consumption in such designated areas, bedrooms, and other private rooms or off-premises consumption 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 private rooms.

However,Such withnoncontiguous regarddesignated toareas ashall hotelnot classifiedbe asapproved a resort complex, the Board may authorize the sale and on-premises consumption of alcoholic beverages in all person from keeping and consuming his own lawfully acquired spirits in bedrooms or private rooms.y If the restaurant is located on the premises of and operated by a private, nonprofit, or profit club exclusively for itsany membersretail 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 shallissued alsopursuant authorize the licensees to (1)subdivision sellA and5 serve mixed beverages for on-premises or off-premises consumption and (2) sell spirits that are packaged in original closed containers with a maximum capacity of two§ fluid4.1-201. ounces or 50 milliliters and purchased from the Board for on-premises consumption.

WhereIf suchthe clubrestaurant preparesis nolocated foodon inthe itspremises restaurantof buta purchaseshotel itsor motel with no fewer than four permanent bedrooms where food requirementsand frombeverage aservice restaurantis licensedcustomarily provided by the Boardrestaurant andin locateddesignated onareas, anotherbedrooms, portionand ofother theprivate premisesrooms of thesuch same hotel or motelmotel, building,such thislicensee factmay shall(a) notsell prohibitand theserve grantingmixed ofbeverages afor licenseon-premises byconsumption thein Boardsuch todesignated suchareas, clubbedrooms, qualifyingand inother allprivate premisesrooms or off-premises consumption and food(b) resoldsell tospirits itspackaged membersin andoriginal guestsclosed andcontainers consumedpurchased onfrom the premisesBoard shallfor amounton-premises consumption to atregistered leastguests 45and percentat scheduled functions of itssuch grosshotel receiptsor frommotel theonly salein ofsuch mixedbedrooms beveragesor andprivate food.rooms.

TheHowever, foodwith salesregard madeto ofa 32hotel byclassified as a restaurantresort tocomplex, suchthe aBoard clubmay shallauthorize bethe excludedsale inand anyon-premises considerationconsumption of thealcoholic qualificationsbeverages ofin suchall restaurantareas forwithin athe licenseresort fromcomplex deemed appropriate by the Board.

Nothing herein shall prohibit any person from keeping and consuming his own lawfully acquired spirits in bedrooms or private 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 or off-premises consumption and (2) sell spirits that are packaged in original closed containers with a maximum capacity of two fluid ounces or 50 milliliters and purchased from the Board for on-premises consumption.

Where such club prepares no 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.

The club's gross receipts from the sale of nonalcoholic beverages consumed on the premises and food resold to its members and guests and consumed on the premises shall amount to at least 45 percent of its gross receipts from the sale of mixed beverages and food.

The food sales made by a restaurant to such a club shall be excluded in any consideration of the qualifications of such restaurant for a license from the Board.

If the restaurant is located on the premises of a mixed beverage casino licensee owned by an operator licensed under Article 3 (§ 58.1-4108 et seq.) of Chapter 41 of Title 58.1, such mixed beverage restaurant license shall authorize the licensee to sell alcoholic beverages for on-premises consumption on the licensed premises of the restaurant during all hours of operation of the mixed beverage casino of 31 licensee.

The air carrier licensee shall (a) designate for purposes of its license all locations where the inventory of alcoholic beverages may be stored and from which the alcoholic beverages will be delivered onto airplanes of the air carrier and any such licensed express carrier and (b) maintain records of all alcoholic beverages to be transported, stored, and delivered by its of 32 authorized representative.

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 consEmptionconsumption or in closed containers for off-premises consumption;

N For the purposes of this subdivision:

R "Financial institution" means any bank, trust company, savings institution, industrial loan association, con"Passengerconsumer lounge"finance meanscompany, any restricted-access passenger waiting room or loungecredit leasedunion. to persons by the applicable airport authority in which food and beverage services are provided to ticketed passengers.

"Passenger lounge" means any restricted-access passenger waiting room or lounge leased to persons by the applicable airport authority in which food and beverage services are provided to ticketed passengers.

Annual mixed beverage motor sports facility licenses to persons operating a sports facility or food concessions at a sports facility, which shall authorize the licensee to sell mixed beverages, iEin paper, plastic, or similar disposable containers or in single original metal cans, during scheduled events, as well as events or performances immediately subsequent thereto, to patrons in all dining facilities, seating areas, viewing areas, walkways, concession areas, or similar facilities, for on-premises consumption.

Such license may be granted to persons operating food concessions at an outdoor motor sports facility that (i) is located on 1,200 acres of rural property bordering the Dan River and has a track surface of 3.27 miles in length or (ii) hosts a NASCAR national touring race during any event and immediatelyceimmediately of 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-preSiseson-premises consumption.

Upon authorization of the licensee, any person may keep and consume his own lawful4ylawfully acquired alcoholic beverages on the premises in all areas and locations covered by the license.

The of 31 granting of a license pursuant to this subdivision shall automatically authorize the licensee tRto obtain a license to sell and serve wine and beer for on-premises consumption or in closed containers for off-premises consumption;

dessert6. wines as defined by Board regulation and no more than six varieties of liqueurs, which liqueurs shall be combined with coffee or other nonalcoholic beverages, for on-premises consumption in dining areas of the restaurant or off-premises consumption.

Limited mixed beverage restaurant licenses, which shall authorize the licensee to sell and serve dessert wines as defined by Board regulation and no more than six varieties of liqueurs, which liqueurs shall be combined with coffee or other nonalcoholic beverages, for on-premises consumption in dining areas of the restaurant or off-premises consumption.

sell,7. 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, 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;

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, 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;

(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;

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

b.

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 inor excessconcession agreement, the original term of 550which patrons;was more than five years;

and(ii) (iii) has beena rehabilitatedtotal capacity in accordanceexcess withof historic550 preservationcitypatrons; standards;

ofand 32(iii) d.has been rehabilitated in accordance with historic preservation standards;

d.

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 of 31 beverage caterer at the same business premises designated in the license, with a common alcoholic beverage inventory for purposes of the restaurant and catering operations.

Such licensee shall meet the separate food qualifications established for the mixed beverage restaurant license pursuant to subdivision 1 and mixed beverage caterer's license pursuant to subdivision 2.

Commercial lifestyle center licenses, which may be issued only to a commercial owners' association governing a commercial lifestyle center, which shall authorize any retail on-premises of 32 restaurant licensee that is a tenant of the commercial lifestyle center to sell alcoholic beverages to any bona fide customer to whom alcoholic beverages may be lawfully sold for consumption on that porEionportion of the licensed premises of the commercial lifestyle center designated by the Board, including (i) plazas, seating areas, concourses, walkways, or such other similar areas and (ii) the premises of any tenant location of the commercial lifestyle center that is not a retail licensee of the Board, upon apRrovalapproval of such tenant, but excluding any parking areas.

Only alcoholic beverages purchased from such retail on-premises restaurant licensees may be consumed on the licensed premises of the commercial lifestyle center, and such alcoholic beverages shall be contained in paper, plastic, or similar disposable containers with the name or logo of the restaurant licensee that sold the alcoholic beverage clearly displayed.

The liEenseelicensee shall provide adequate security for the licensed premises to ensure compliance with the applicable provisions of this subtitle and Board regulations.

D 13.

Such license may be granted only to persons operating a business (i) that is primarily engaged in the sale of meals;

(ii) that is located on property owned by the United States government or an agency thereof andofand used as a port of entry to or egress from the United States;

and (iii) 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 fSomfrom the sale of mixed beverages and food.

For the purposes of this subdivision, other designated areas shall4includeshall include 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, providedRsuchprovided such areas are under the control of the licensee and approved by the Board.

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;

however, the licensee shall be required to pay the local fee required for such of 31 additional license pursuant to § 4.1-233.1.

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.

Mixed beverage casino licenses, which shall authorize the licensee to (i) sell and serve mixed beverages for on-premises consumption in areas designated by the Board, after consultation with the mixed beverage casino licensee, without regard to the amount of gross receipts from the sale of food prepared and consumed on the premises and (ii) provide complimentary mixed beverages to patrons for on-premises consumption in private areas or restricted access areas designated by the Board, after premisesconsultation ofwith the mixed beverage casino licensee,licensee. including entertainment venues, private rooms,n the conference rooms, hotels, pools, marinas, or green spaces.

Designated areas may include any areas on the premises of the mixed beverage casino licensee, including entertainment venues, private rooms, conference rooms, hotels, pools, marinas, or green spaces.

and 6 a.m.

A mixed beverage casino licensee may (a) provide patrons gifts of alcoholic beverages in closed containers for personal consumption off the licensed premises or in areas designated by the Board, after consultation with the mixed beverage casino licensee, and (b) enable patrons who participate in a loyalty of 32 or reward credit program to redeem credits for the purchase of alcoholic beverages for on-premises consumption.

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 of 31 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 subtitle 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 of 32 covered by the license.

Such licenses may be granted to persons operating food concessions at exhibition or exposition halls, convention centers, or similar facilities located in any county operating Enderunder the urban county executive form of government or any city that is completely surrounded by such county.

For purposes of this subdivision, "exhibition or exposition hall" and "convention centers" mean facilities conducting private or public trade shows or exhibitions in an indoor facility having in excess Rfof 100,000 square feet of floor space.

to7. patrons or attendees within all seating areas, exhibition areas, concourses, walkways, concession areas, dining areas, and such additional locations designated by the Board in such facilities, for on-premises consumption or in closed containers for off-premises consumption.

Concert and dinner-theaters, which shall authorize the licensee to sell wine and beer during events to patrons or attendees within all seating areas, exhibition areas, concourses, walkways, concession areas, dining areas, and such additional locations designated by the Board in such facilities, for on-premises consumption or in closed containers for off-premises consumption.

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

D 8.

Historic cinema houses, which shall authorize the licensee to sell wine and beer, either with or without meals, during any showing of a motion picture to patrons to whom alcoholic beverages may be privilegeslawfully ofsold, thisfor licenseon-premises shallconsumption beor limitedin toclosed thecontainers premisesfor ofoff-premises theconsumption. historic cinema house regularly occupied and utilized as such.

The privileges of this license shall be limited to the premises of the historic cinema house regularly occupied and utilized as such.

Nonprofit museums, which shall authorize the licensee to sell wine and beer for on-premises consumption or in closed containers for off-premises consumption in areas approved by the BoardSBoard. Such licenses may be granted to persons operating a nonprofit museum exempt from taxation under 4 § 501(c)(3) of the Internal Revenue Code, located in the Town of Front Royal, and dedicated to 0 educating the consuming public about historic beer products.

TheSuch privilegeslicenses ofmay thisbe licensegranted shaRlto bepersons limitedoperating toa thenonprofit premisesmuseum exempt from taxation under § 501(c)(3) of the museum,Internal regularlyRevenue occupiedCode, located in the Town of Front Royal, and utilizeddedicated asto such.educating the consuming public about historic beer products.

The privileges of this license shall be limited to the premises of the museum, regularly occupied and utilized as such.

Retail off-premises wine and beer licenses, which may be granted to a convenience grocery store, delicatessen, drugstore, gift shop, gourmet oyster house, gourmet shop, grocery store, or marina store as defined in § 4.1-100 and Board regulations.

Such license shall authorize the licensee to sell wine and as beer in closed containers for off-premises consumption and, notwithstanding the provisions of § 4.1-308, to give to any person to whom wine or beer may be lawfully sold a sample of wine or beer for on-premises consumption;

The licensee may also give samples of wine and beer in designated areas at events held by the licensee for the purpose of featuring and educating the consuming public about the alcoholic beverages being of 31 tasted.

With the consent of the licensee, farm wineries, wineries, breweries, distillers, and wholesale licensees or authorized representatives of such licensees may participate in such tastings, including the establishedpouring byof Boardsamples. regulation.

The licensee shall comply with any food inventory and sales volume requirements 2.established by Board regulation.

2.

D.

The Board may grant the following banquet, special event, and tasting licenses:

following banquet, special event, and tasting licenses:

Except as provided in § 4.1-215, a separate license shall be locationrequired named in the original application for aeach licenseday isof outdoors,each thebanquet applicationor mayspecial alsoevent. name an alternative location in the event of inclement weather.

However,For nothe suchpurposes licenseof shallthis besubdivision, requiredwhen ofthe anylocation ofnamed 32in hotel,the restaurant,original orapplication clubfor holding a retaillicense wineis andoutdoors, beerthe license.application may also name an alternative location in the event of inclement weather.

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

Under conditions as specified by Board regulation, such premises may be other than a volunteer fire or volunteer emergency medical services agency station, provided such other premises are occupied and under the control of the volunteer fire department or volunteer emergency of 31 medical services agency while the privileges of its license are being exercised.

Only alcoholic beverages purchased from permanent retail on-premises licensees located within the designated area may be consumed at the event, and such alcoholic beverages shall be contained in paper, plastic, or similar disposable containers that clearly display the name or logo of the retail on-premises licensee from which of 32 the alcoholic beverage was purchased.

The designated outdoor refreshment area liEenseelicensee shall post appropriate signage clearly demarcating for the public the boundaries of the event;

The designated outdoor refreshment area licensee shall provide adequate security for the event to ensure compliance with the applicable provisioRsprovisions of this subtitle and Board regulations.

charitabled. membership organizations that are exempt from state and federal taxation and in charge ofc, or banquets conducted exclusively for members and their guests, which shall authorize the licensee to serve mixed beverages for on-premises consumption in areas approved by the Board on the premises of the place designated in the license.

Annual mixed beverage 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 mixed beverages for on-premises consumption in areas approved by the Board on the premises of the place designated in the license.

The granting of a license pursuant to this subdivision shall automaEicallyautomatically authorize the licensee to obtain a license to sell and serve wine and beer for on-premises consumption;

Equine sporting event licenses, which may be issued to organizations holding equestrian, hunt, and steeplechase events, which shall authorize the licensee to permit the consumption of lawfully acquired alcoholic beverages on the premises of the licensee by patrons thereof during such event.

However,iredHowever, alcoholic beverages shall not be sold or charged for in any way by the licensee.

S f.

Annual arts venue event licenses, to persons operating an arts venue, which shall authori4eauthorize the licensee participating in a community art walk that is open to the public to serve lawfully acquired wine or beer on the premises of the licensee to adult patrons thereof during such events.

However, aRcoholicalcoholic beverages shall not be sold or charged for in any way, directly or indirectly, by the licensee, and the licensee shall not give more than two five-ounce glasses of wine or two 12-ounce glasses of beer to any one adult patron.

The privileges of this license shall be (i) limited to the premises of the arts venue regE.regularly occupied and used as such and (ii) exercised on no more than 12 calendar days per year.

E.

(iv) have an thatalcoholic allbeverage employeescontrol satisfymanager anyon trainingthe requirementslicensed imposedpremises byat theall Board;times alcohol is served;

and(v) (vi)ensure purchasethat all wineeemployees andsatisfy beerany totraining berequirements servedimposed from a licensed wholesaler or the Authority and retain purchase records as prescribed by the Board.Board;

Inand determining(vi) whetherpurchase toall grantwine aand marketplacebeer license,to thebe Boardserved shallfrom considera (a)licensed wholesaler or the averageAuthority amountand ofretain timepurchase customersrecords spendas atprescribed by the business;Board.

In determining whether to grant a marketplace license, the Board shall consider of 31 (a) the average amount of time customers spend at the business;

Commonwealth2. to sell and ship wine and beer, in accordance with § 4.1-209.1 and Board regulations, inde the closed containers to persons in the Commonwealth to whom wine and beer may be lawfully sold for off-premises consumption.

Internet wine and beer retailer licenses, which shall authorize persons located within or outside the Commonwealth to sell and ship wine and beer, in accordance with § 4.1-209.1 and Board regulations, in closed containers to persons in the Commonwealth to whom wine and beer may be lawfully sold for off-premises consumption.

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 or beer owned by holders of wine and beer shipper's licenses;

(ii) store such wine or beer on behalf of theerthe owner;

and (iii) pick, pack, and ship such wine or beer as directed by the owner, all in accordance with of 32 Board regulations.

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 spirits that are packaged in original closed containers with a maximum capacity of two fluid ounces or 50 milliliters and purchased from the Board for on-premises consumption.

Where such club prepares no 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 of 31 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 culinary lodging resort, such license shall authorize the licensee to (A) sell alcoholic beverages for on-premises consumption, without regard to the amount of gross receipts from the sale of food prepared and consumed on the premises, in areas upon the licensed premises approved by the Board and other designated areas of the resort, including of 32 outdoor areas under the control of the licensee, and (B) permit the possession and consumption of lawfully acquired alcoholic beverages by persons to whom overnight lodging is being provided inEin bedrooms and private guest rooms.

If the restaurant is located on the premises of a mixed beverage casino licensee owned by anNan operator licensed under Article 3 (§ 58.1-4108 et seq.) of Chapter 41 of Title 58.1, such mixedRbeveragemixed beverage restaurant license shall authorize the licensee to sell alcoholic beverages for on-premises consumption on the licensed premises of the restaurant during all hours of operation of the mixed beverage casino licensee.

Alcoholic beverages purchased from a reEtaurantrestaurant pursuant to this subdivision shall be contained in glassware or a paper, plastic, or similar disposable container that clearly displays the name or logo of the restaurant from which the alcoholic beverage was purchased.

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 and in closed containers for off-premises consumption;

Mixed beverage caterer's licenses, which may be granted only to a person regularly engaged in the business of providing food and beverages to others for service at private gatherings or at specSalspecial events, which shall authorize the licensee to sell and serve alcoholic beverages for on-premises consum4tion.consumption.

The annual gross receipts from the sale of food cooked and prepared for service and nonalcoholic beverages served at gatherings and events referred to in this subdivision shall amount to at leRstleast 45 percent of the gross receipts from the sale of mixed beverages and food.

Mixed beverage limited caterer's licenses, which may be granted only to a person regularly engaged in the business of providing food and beverages to others for service at private gatherings or at special events, not to exceed 12 gatherings or events per year, which shall authorize the licensee to sell and serve alcoholic beverages for on-premises consumption.

The annual gross receipts from the sale of sell food cooked and prepared for service and nonalcoholic beverages served at gatherings and events referred to in this subdivision shall amount to at least 45 percent of the gross receipts from the sale of mixed beverages and food.

Mixed beverage carrier licenses to (i) persons operating a common carrier of passengers by train, boat, bus, or airplane, which shall authorize the licensee to sell and serve mixed beverages anywhere in the Commonwealth to passengers while in transit aboard any such common carrier, and in designated rooms of establishments of air carriers at airports in the Commonwealth and (ii) financial institutions, subsidiaries of a financial institution, or persons approved by the applicable airport authority that have entered into a contract with a financial institution or subsidiary of a financial institution to operate a passenger lounge, which shall authorize the licensee to sell and serve mixed beverages in designatedratedesignated a areas of a passenger lounge for ticketed air carrier passengers that is located within an airport in the Commonwealth.

The air carrier licensee shall (a) designate for purposes of its license all locations where the inventory of alcoholic beverages may be stored and from which the alcoholic beverages will be delivered onto airplanes of the air carrier and any such licensed express of 31 carrier and (b) maintain records of all alcoholic beverages to be transported, stored, and delivered by its authorized representative.

The granting of a license pursuant to this subdivision shall automaticallybyautomatically its 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;

concessions5. at a sports facility, which shall authorize the licensee to sell mixed beverages, in paper,od plastic, or similar disposable containers or in single original metal cans, during scheduled events, as well of 32 as events or performances immediately subsequent thereto, to patrons in all dining facilities, seating areas, viewing areas, walkways, concession areas, or similar facilities, for on-premises consumption.

Annual mixed beverage motor sports facility licenses to persons operating a sports facility or food concessions at a sports facility, which shall authorize the licensee to sell mixed beverages, in paper, plastic, or similar disposable containers or in single original metal cans, during scheduled events, as well as events or performances immediately subsequent thereto, to patrons in all dining facilities, seating areas, viewing areas, walkways, concession areas, or similar facilities, for on-premises consumption.

Persons operating food concessions at any performing arts facility located in the arts and cultural district of the City of Harrisonburg, provided that the performing arts facility (i) is occupied under a of 31 bona fide long-term lease or concession agreement, the original term of which was more than five years;

of 32 g.

Persons operating food concessions at any outdoor performing arts amphitheater, arena, or similar facility that has seating for more than 5,000 persons and is located in the City of Alexandria Eror the City of Portsmouth;

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 fRdefide long-term lease, management, or concession agreement, the original term of which was more than one datesyear ofand performances(ii) orhas events,a oftotal alcoholiccapacity beverages for on-premises consumption in areasexcess uponof the1,400 onpatrons. the licensed premises approved by the Board.

LSuch 8.license shall authorize the sale, on the dates of performances or events, of alcoholic beverages for on-premises consumption in areas upon the licensed premises approved by the Board.

Combined8. 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 locatiEn, 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 beverage inventory for purposes of the restaurant and catering operations.

SuchCombined licenseemixed shallbeverage meetrestaurant theand separatecaterer's foodlicenses, qualificationswhich establishedmay forbe granted to any restaurant or hotel that meets the qualifications for both a mixed beverage restaurant license pursuant to subdivision this1 and mixed beverage caterer pursuant to subdivision shall2 automaticallyfor the same business location, and which license shall authorize the licensee to obtainoperate as both a licensemixed tobeverage sellrestaurant and servemixed winebeverage andcaterer beerat forthe on-premisessame consumptionbusiness orpremises designated in closedthe containerslicense, with a common alcoholic beverage inventory for off-premisespurposes consumption;of the restaurant and catering operations.

Such licensee shall meet the separate food qualifications established for the mixed beverage restaurant license pursuant to subdivision and mixed beverage caterer's license pursuant to subdivision 2.

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;

S 9.

Bed and breakfast licenses, which shall authorize the licensee to (i) serve alcoholic bev4ragesbeverages in dining areas, private guest rooms, and other designated areas to persons to whom overnight lodging is being provided, with or without meals, for on-premises consumption only in such rooms and areasRareas, and without regard to the amount of gross receipts from the sale of food prepared and consumed on the premises and (ii) permit the consumption of lawfully acquired alcoholic beverages by persons to whom overnight lodging is being provided in (a) bedrooms or private guest rooms or (b) 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 controlbed of the licensee and approvedbreakfast byestablishment. the Board.

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.

Museum licenses, which may be issued to nonprofit museums exempt from taxation under § 501(c)(3) of the Internal Revenue Code, which shall authorize the licensee to (i) permit the consumption of lawfully acquired alcoholic beverages on the premises of the licensee by any bona fide member and guests thereof and (ii) serve alcoholic beverages on the premises of the licensee to any anybona wayfide bymember theand licensee.guests thereof.

However, alcoholic beverages shall not be sold or charged for in any way by the licensee.

Commercial lifestyle center licenses, which may be issued only to a commercial owners' association governing a commercial lifestyle center, which shall authorize any retail on-premises restaurant licensee that is a tenant of the commercial lifestyle center to sell alcoholic beverages to any bona fide customer to whom alcoholic beverages may be lawfully sold for consumption on that portion of the licensed premises of the commercial lifestyle center designated by the Board, including (i) plazas, seating areas, concourses, walkways, or such other similar areas and (ii) the premises of any tenant location of the commercial lifestyle center that is not a retail licensee of the Board, upon approval of of 31 such tenant, but excluding any parking areas.

Alcoholic beverages shall not be sold or charged for in any way by the commercial lifestyle center thelicensee. licensed premises;

The licensee shall post appropriate signage clearly demarcating for the public the boundaries of the licensed premises;

The licensee shall provide adequate security for the licensed premises to ensure compliance with the applicable provisions of 32 of this subtitle and Board regulations.

and 6 a.m.

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 of 31 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 and of 32 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 Eror areas, and without regard to the amount of gross receipts from the sale of food prepared and consumed on the premises, provided that at least one meal is provided each day by the hotel to such guests.

With regard to facilities registered in accordance with Chapter 49 (§ 38.2-4900 et seq.) of Title 38R238.2 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 beverages on the premises in all areas covered by the license.

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

consumption3. or in closed containers for off-premises consumption.

NoRural license shall be granted unless (i) the grocery storestores, iswhich locatedshall inauthorize any town or in a rural area outside the corporatelicensee limitsto ofsell anywine city or town and (ii)beer itfor appearson-premises affirmativelyconsumption thator ain substantialclosed publiccontainers demand for suchoff-premises licensedconsumption. establishment exists and that public convenience and the purposes of this subtitle will be promoted by grantiSg the license.

4No 4.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 subtitle will be promoted by granting the license.

Coliseums,4. stadiums, and racetracks, which shall authorize the licensee to sell wine and beer 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.

UponColiseums, authorizationstadiums, ofand racetracks, which shall authorize the licensee,licensee to sell wine and beer during any personevent mayand keepimmediately subsequent thereto to patrons within all seating areas, concourses, walkways, concession areas, and coveredadditional locations designated by the license.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.

SuchUpon licensesauthorization of the licensee, any person may bekeep grantedand toconsume personshis operatingown foodlawfully concessionsacquired atonsalcoholic coliseums,beverages stadiums,on racetracks,the orpremises similarin facilities.all areas and locations covered by the license.

Such licenses may be granted to persons operating food concessions at 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 located in Prince William County or the City of Virginia Beach;

(b) has seating or capacity for moreismore than 3,500 persons and is located in the County of Albemarle, Alleghany, Augusta, Nelson, Pittsylvania, or Rockingham or the City of Charlottesville, Danville, or Roanoke;

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.

Persons licensed pursuant to this licensessubdivision mayshall beserve grantedfood, toprepared personson operating concert or dinner-theateroff venuespremises, onwhenever propertywine frontingor Naturalbeer Bridgeis Schoolserved. Road in Natural Bridge Station and formerly operated as Natural Bridge High of 32 School.

Such of 31 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 School.

of 32 d.

Tasting licenses, which shall authorize the licensee to sell or give samples of alcoholic beverages of 31 of the type specified in the license in designated areas at events held by the licensee.

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

R 2.

membershipa. organizations that are exempt from state and federal taxation and in charge of banquetsble 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.

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.

For the purposes of this subdivision, when the location named in the original apElicationapplication for a license is outdoors, the application may also name an alternative location in the event of inclement weather.

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,licthereof, otherwise eligible for a banquet license.

Such premises shall be a volunteer fire or volunteer emergency medical services agencSagency station or both, regularly occupied as such and recognized by the governing body of the county,4city,county, city, or town in which it is located.

Under conditions as specified by Board regulation, such premises may be other than a volunteer fire or volunteer emergency medical services agency station, provided suRhsuch other premises are occupied and under the control of the volunteer fire department or volunteer emergency medical services agency while the privileges of its license are being exercised.

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.

However, the Board may increase the frequency and duration of events after adoption of an ordinance by a locality therequesting area within which such eventsincrease willin befrequency held, a public safety plan, and anyduration. other considerationse of deemed necessary by the Board.

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.

Only alcoholic beverages purchased from permanent retail on-premises licensees located within the designated area may be consumed at the event, and such alcoholic beverages shall be contained in paper, plastic, or similar disposable containers that clearly display the name or logo of the retail on-premises licensee from which the alcoholic beverage was purchased.

Alcoholic beverages shall not be sold or charged for in any wayhichway by the designated outdoor refreshment area licensee.

Annual mixed beverage 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 mixed beverages for on-premises consumption in areas approved by the Board on the premises of the banquetsplace perdesignated calendarin year.the license.

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

of 32 however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1.

Equine sporting event licenses, which may be issued to organizations holding equestrian, hunt, and steeplechase events, which shall authorize the licensee to permit the consumption of lawfully acquired of 31 alcoholic beverages on the premises of the licensee by patrons thereof during such event.

Third-party delivery licenses, which shall carry the privileges and limitations set forth in of 32 § 4.1-212.2.

E A.

Notwithstanding any provision of law to the contrary, persons granted a wine and beer license pursuant to § 4.1-206.3 may display within their licensed premises point-of-sale advertising materials that incorporate the use of any professional athlete or athletic team, provided that such adverRisingadvertising materials (i) otherwise comply with the applicable regulations of the federal Bureau of Alcohol, Tobacco and Firearms and (ii) do not depict any athlete consuming or about to consume alcohol prior to or while of 31 engaged in an athletic activity, do not depict an athlete consuming alcohol while the athlete is operating or about to operate a motor vehicle or other machinery, and do not imply that the alcoholic beverage so advertised enhances athletic prowess.

Persons granted a license to sell wine and beer for off-premises consumption that display such wine and beer outside a clearly discernible location reserved for alcoholic beverages shall (i)Enot(i) not place wine or beer in an area immediately adjacent to nonalcoholic beverages containing the same or similar brand name, logo, or packaging as an alcoholic beverage and (ii) equip any such display with signage that indicates the product is an alcoholic beverage, is clearly visible to consumers, and is of sufficient size to notify the consumer that the product contains alcohol.

Nothing in this subsection shall prohibit the placement of nonalcoholic wine or beer in or near a display of alcoholic beverages that contain the same or similar brand name, logo, or packaging as the nonalcoholic wine or beer.eragesbeer. that contain the C.

C.

S 1.

4 2.

0 3.

R 4.

Such licensees may sell or give samples of wine and beer in designated areas at events held by the licensee for the purpose of featuring and educating the consuming public about the alcoholic beverages being tasted.

Distiller's license and limited distiller's license, if not more than 5,000 gallons of alcohol or spirits, butor notboth, moremanufactured thanduring 36,000the gallonsyear manufacturedin duringwhich suchthe year,license $2,725;is granted, $490;

and if more than 36,0005,000 gallons but not more than 36,000 gallons manufactured during such year, $4,060;$2,725;

and if more than 36,000 gallons manufactured during such year, $4,060;

Farm winery license, $275 for any Class I or Class II license, $500 for any Class III license, and $4,e.$4,000 for any Class IV license;

e.

(1) Wholesale wine license, $240 for any wholesaler who sells 30,000 gallons of wine or less per year, $1,200 for any wholesaler who sells more than 30,000 gallons per year but not more than 150,000 gallons of wine per year, $1,845 for any wholesaler who sells more than 150,000 but not more than,000than 300,000 gallons of wine per year, and $2,400 for any wholesaler who sells more than 300,000 gallons of 32 of wine per year;

(3) With a seating capacity at tables for more than 150 persons but not more than 500 persons, of 31 $1,980;

However, for any designated outdoor of 32 refreshment area license issued pursuant to a local ordinance, the annual fee shall be $3,000;

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

N 7.

However, if the licRnselicense privileges are exercised during a period of six or less consecutive months and such period is specified pri8.prior to the beginning of the license year, the annual fee shall be $500.

8.

O a.

L b.

L d.

E e.

and of 31 f.

Third-party delivery license, $7,500, unless the licensee provides written certification to the Board that the licensee has no more than 25 delivery personnel, including employees, agents, and independent contractors that engage in direct-to-consumer alcoholic beverage delivery, in which case the license fee sha9.shall be $2,500.

9.

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, multipSiedmultiplied by the number of months in the license period, and then increased by five percent.

Such tax shall 4otnot be refundable, except as provided in § 4.1-232.

0 C.

Nothing in this chapter shall exempt any licensee from any state merchants' license or stRtestate restaurant license or any other state tax.

In ascertaining the liability of a beer wholesaler to merchants' license taxation, however, and in computing the wholesale merchants' license tax on a beer wholesaler, the first $163,800 of beer purchases shall be disregarded;

ora. both, manufactured during the year in which the license is granted, $490;

ifDistiller's morelicense thanand 5,000limited gallonsdistiller's spirits,license, butif not more than 36,0005,000 gallons of alcohol or spirits, or both, manufactured during suchthe year,year $2,725;in which the license is granted, $490;

if more than 5,000 gallons but not more than 36,000 gallons manufactured during such year, $2,725;

$4,000d. for any Class IV license;for any Class I or Class II license, $500 for any Class III license, and e.

Farm winery license, $275 for any Class I or Class II license, $500 for any Class III license, and $4,000 for any Class IV license;

e.

year,b. $1,200 for any wholesaler who sells more than 30,000 gallons per year but not more than 150,000r gallons of wine per year, $1,845 for any wholesaler who sells more than 150,000 but not more than of 32 300,000 gallons of wine per year, and $2,400 for any wholesaler who sells more than 300,000 gallons of wine per year;

(1) Wholesale wine license, $240 for any wholesaler who sells 30,000 gallons of wine or less per year, $1,200 for any wholesaler who sells more than 30,000 gallons per year but not more than 150,000 gallons of wine per year, $1,845 for any wholesaler who sells more than 150,000 but not more than 300,000 gallons of wine per year, and $2,400 for any wholesaler who sells more than 300,000 gallons of wine per year;

Mixed beverage restaurant license for restaurants located on the premises of and operated by of 31 private, nonprofit clubs:

of 32 (3) Designated outdoor refreshment area license, $300.

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

and N (6) Annual arts venue event license, $300.

R 7.

However, if the license privileges are exercised during a period of six or less consecutive months and such period is specified prior to the beginning of the license year, the annual fee shall be $500.s$500. and such period is sOecified 8.

8.

L a.

L c.

E d.

and D f.

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

engage in direct-to-consumer alcoholic beverage delivery, in which case the license fee 9.

For each temporary license authorized by § 4.1-211, one-half of the tax of 31 imposed by this section on the license for which the applicant applied.

The tax on each license granted or reissued for a period other than 12, 24, or 36 months Shallshall be equal to one-twelfth of the taxes required by subsection A computed to the nearest cent, multip4iedmultiplied by the number of months in the license period, and then increased by five percent.

R C.

Every licensee, in addition to the taxes imposed by this chapter, shall be liable to state merchants' license taxation and state restaurant license taxation and other state wholesalertaxation to merchants' license taxation, however, and in computing the wholesalesame merchants'as licenseif beer tax on a beer wholesaler, the firstalcoholic $163,800beverages ofwere beernonalcoholic. purchases shall be disregarded;

In ascertaining the liability of a beer wholesaler to merchants' license taxation, however, and in computing the wholesale merchants' license tax on a beer wholesaler, the first $163,800 of beer purchases shall be disregarded;

In addition to the state license taxes, the annual local license taxes that may be collected shall not exc1.exceed the following sums:

1.

and 2.d.

Farm winery license, $50.

2.

(4) With a seating capacity at tables for more than 500 persons but not more than 1,000 persons, $65(5)$650; With a seating capacity at tables for more than 1,000 persons, $800;

and (5) With a seating capacity at tables for more than 1,000 persons, $800;

Mixed beverage restaurant license for restaurants located on the premises of and operated by of 32 private, nonprofit clubs, $350;

of 31 c.

The governing body of any county, city, or town, in adopting an ordinance under this section, shall of 32 provide that in ascertaining the liability of (i) a beer wholesaler to local merchants' license taxation under the ordinance, and in computing the local wholesale merchants' license tax on such beer E wholesaler, purchases of beer up to a stated amount shall be disregarded, which stated amount shall be the amount of beer purchases which would be necessary to produce a local wholesale merchants' license tax equal to the local wholesale beer license tax paid by such wholesaler and (ii) a wholesale Rinewine licensee to local merchants' license taxation under the ordinance, and in computing the local wholesale merchants' license tax on such wholesale wine licensee, purchases of wine up to a stated amount shall be disregarded, which stated amount shall be the amount of wine purchases which would be necessaryallnecessary to produce a local wholesale merchants' license tax equal to the local wholesale wine licensee license tax paid by such wholesale wine licensee.

No county, city, or town shall impose any local alcoholic beverage license tax on any wholesaler for the privilege of delivering alcoholic beverages in the county, city, or town wheEwhen such wholesaler maintains no place of business in such county, city, or town.

§ 4.1-309.

Drinking or possessing alcoholic beverages in or on public school grounds;

penalty.

In addition, no person shall drink and no organization shall serve any alcoholic beverage in or upon the grounds of any public elementary or secondary school after school hours or school or sSudentstudent activities, except for religious congregations using wine for sacramental purposes only.

4 C.

This section shall not prohibit any person from possessing or drinking alcoholic beverageRbeverages or any organization from serving alcoholic beverages in areas approved by the Board at a performing arts of 31 center owned by the City of Alexandria or the City of Portsmouth facility, provided the organization operating the performing arts center facility or its lessee has a license granted by the Board.

§ 4.1-325.

Prohibited acts by mixed beverage licensees;

penalty.

him6. except (i) for a frozen alcoholic beverage, which may include alcoholic beverages in a frozen drink dispenser of a type approved by the Board;

Keep any alcoholic beverage other than in the bottle or container in which it was purchased by him except (i) for a frozen alcoholic beverage, which may include alcoholic beverages in a frozen drink dispenser of a type approved by the Board;

purchaser8. without first advising such purchaser of the difference;he same as that ordered by the 9.

Sell or serve any brand of alcoholic beverage which is not the same as that ordered by the purchaser without first advising such purchaser of the difference;

9.

Consume or allow the consumption by an employee of any alcoholic beverages while on duty andTheand provisionsin of this subdivision shall not prohibit any retail licensee or his designated employee from (i) consuming product samples or sample servings of (a) beer or wine provided by a representativeposition ofthat 32is ofinvolved a licensed beer or wine wholesaler or manufacturer or (b) a distilled spirit provided by a permittee of the Board who represents a distiller, if such samples are provided in accordance with Board regulations and the retailselling licensee or hisserving designated employee does not violate the provisions of subdivision A 1 f of § 4.1-225 or (ii) tasting an alcoholic beveragebeverages that has been or will be delivered to acustomers. customer for quality control purposes;

The provisions of this subdivision shall not prohibit any retail licensee or his designated employee from (i) consuming product samples or sample servings of (a) beer or wine provided by a representative of a licensed beer or wine wholesaler or manufacturer or (b) a distilled spirit provided by a permittee of the Board who represents a distiller, if such samples are provided in accordance with Board regulations and the retail licensee or his designated employee does not violate the provisions of subdivision A 1 f of § 4.1-225 or (ii) tasting an alcoholic beverage that has been or will be delivered to a customer for quality control purposes;

(ii) to a person responsible for the planning, preparation or conduct on any conference, convention, trade show or event held or to be held on the premises of the of 31 licensee, when such gift is made in the course of usual and customary business entertainment and is in no way a shift or device to evade the restriction set forth in this subdivision;