SB 635 — Alcoholic beverage control; sale and delivery of mixed beverages & pre-mixed wine off-premises.

tohowever, §the 4.1-233.1.censeelicensee shall be required to pay the local fee required for such additional license pursuant 6.to § 4.1-233.1.

Limited6. 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 dSning areas of the restaurant or off-premises consumption.

SuchLimited licensemixed maybeverage berestaurant grantedlicenses, onlywhich toshall person6authorize whothe operatelicensee ato restaurantsell and inserve dessert wines as defined by Board regulation and no eventmore shallthan thesix salevarieties of suchliqueurs, winewhich orliqueurs liqueur-basedshall drinks,be toget5ercombined with thecoffee saleor of any other alcoholicnonalcoholic beverages, exceedfor 10on-premises percentconsumption ofin thedining totalareas annualof grossthe salesrestaurant ofRallor foodoff-premises andconsumption. alcoholic beverages.

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, exceed 10 percent of the total annual gross sales of all food and alcoholic beverages.

however, the licensee shall be required to pay the loc7.local fee required for such additional license pursuant to § 4.1-233.1.

7.

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;

Waynesboro,c. 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;

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;

(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;

Persons operating food concessions at any multipurpose theater located in the historical district of the Town of Bridgewater, provided that the theater (i) is owned and operated(iv) by a governmental entity of 28 and (ii) has a total capacity in excess of 100900 patrons;

e.

Persons operating food concessions at any multipurpose theater located in the historical district of the Town of Bridgewater, provided that the theater (i) is owned and operated by a governmental entity and (ii) has a total capacity in excess of 100 patrons;

Combined mixed beverage restaurant and caterer's licenses, which may be granted to any of 27 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 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.

of 28 Alcoholic beverages shall not be sold or charged for in any way by the commercial lifestyle center licensee.

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

R 13.

Mixed beverage port restaurant licenses, which shall authorize the licensee to sell and serve licensemixed maybeverages befor grantedconsumption onlyin todining personsareas operatingand aother businessdesignated (i)areas that is primarily engaged in the sale of meals;such restaurant.

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

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 fEomfrom the sale of mixed beverages and food.

Such noncontiguous designated grantingareas of a license pursuant to this subdivision shall automaticallynot authorizebe theapproved licenseefor toany obtainretail a license toissued sellpursuant andto servesubdivision wineA and5 beerof for§ on-premises4.1-201. consumption or in closed containers for off-premises consumption;

The of 27 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 14.

Annual mixed beverage special events licenses to (i) a duly organized nonprofit corporat6oncorporation or association operating either a performing arts facility or an art education and exhibition faci5ity;facility;

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

(iii) persons operating an agricultural event 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 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.

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 consultation with the mixed beverage casino licensee.

however, 6such a.m.icenseelicensee shall not sell wine or beer for off-premises consumption between the hours of 12 a.m.

and Aa.m. 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 or reward credit program to redeem credits for the purchase of alcoholic beverages for on-premises consumption.

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 or reward credit program to redeem credits for the purchase of alcoholic beverages for on-premises consumption.

containers1. for off-premises consumption or (ii) for on-premises consumption, either with or withoutin closed meals, in dining areas and other designated areas of such restaurants, or in dining areas, private guest of 28 rooms, and other designated areas of such hotels or clubs, for consumption only in such rooms and areas.

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 areas.

of 27 3.

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 of 28 consumption or in closed containers for off-premises consumption.

SucESuch 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.

R 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 lawfully sold, for on-premises consumption or in closed containers for off-premises consumption.

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 BoardEBoard. Such licenses may be granted to persons operating a nonprofit museum exempt from taxation under § 501(c)(3) of the Internal Revenue Code, located in the Town of Front Royal, and dedicated to D educating the consuming public about historic beer products.

Such licenses may be granted to persons operating a nonprofit museum exempt from taxation under § 501(c)(3) of the Internal Revenue Code, located in the Town of Front Royal, and dedicated to educating the consuming public about historic beer products.

C.

The Board may grant the following off-premises wine and beer licenses:

Such license shall authorize the licensee to sell wine and beer in closed containers for off-premises consumption and, notwithstanding the provisions of §S4.1-308,§ 4.1-308, to give to any person to whom wine or beer may be lawfully sold a sample of wine or beer for 6 on-premises consumption;

however, no single sample shall exceed four ounces of beer or two ounc5sounces of of 27 wine and no more than 12 ounces of beer or five ounces of wine shall be served to any person peRper day.

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 pouring of samples.

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

Any alcohol contained in such confectionery shall not be in liquid form at the time such conD.confectionery is sold.

D.

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

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 members and their guests in areas approved by the Board on the club premises.

A separate license shall beersbe required for each day of each club event.

No more than 12 such licenses shall be granted to a club in of 28 any calendar year.

Such premises shall be a volunteer fire or volunteer emergency medical services agency station or both, regularly occupied as such and recognized by the governing body of the county, city, or of 27 town in which it is located.

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 of 28 mixed beverages for on-premises consumption in areas approved by the Board on the premises of the place designated in the license.

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

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

steeplechasee. events, which shall authorize the licensee to permit the consumption of lawfully acquirednd alcoholic beverages on the premises of the licensee by patrons thereof during such event.

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.

E f.

However, alcoholic 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 Board may grant a marketplace license to persons operating a business enterprise of which the primary function is not the sale of alcoholic beverages, which shall authorize the licenseeStolicensee to serve complimentary wine or beer to bona fide customers on the licensed premises subject to any limit6tionslimitations imposed by the Board;

however, the licensee shall not give more than two five-ounce glasses of 5inewine or two 12-ounce glasses of beer to any customer per day, nor shall it sell or otherwise charge a fRefee to such customer for the wine or beer served or consumed.

(ii) employ staff with expertise in alcoholicsuch beveragegoods controlor managerservices; on the licensed premises at all times alcohol is served;

(v)(iii) ensurebe thatineligible allfor employees satisfy any trainingother requirementslicense imposedgranted by the Board;

(iv) have an alcoholic beverage control manager on the licensed premises at all times alcohol is served;

(v) ensure of 27 that all employees satisfy any training requirements imposed by the Board;

Wine and beer shipper licenses, which shall carry the privileges and limitations set forth in § 42.4.1-209.1.

2.

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) per4.persons outside the Commonwealth for resale outside the Commonwealth.

4.

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 receive orders for wine or beer through the use of the Internet from persons in the Commonwealth to whomceivewhom wine or beer may be lawfully sold, on behalf of holders of wine and beer shipper's licenses.

Upon of 28 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.

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 50of 27 milliliters and purchased from the Board for on-premises consumption.

Any alcoholic beverages purchased from such restaurant may be (I) taken onto the premises of the mixed beverage casino licensee and (II) possessed or consumed in areas designated by the Board, of 28 after consultation with the mixed beverage casino licensee.

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

Alcoholic beverages purchased from a restaurant 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 bevRragebeverage 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 containerstocontainers 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 specEalspecial events, which shall authorize the licensee to sell and serve alcoholic beverages for on-premises consumption.

engaged3. 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.

TheMixed annualbeverage grosslimited receiptscaterer's fromlicenses, which may be granted only to a person regularly engaged in the salebusiness of providing food cooked and preparedbeverages to others for service andat nonalcoholicprivate beveragesgatherings servedor at gatheringsspecial andevents, eventsSnot referred to inexceed this12 subdivisiongatherings shallor amountevents toper atyear, leastwhich 45shall percentauthorize of the grosslicensee receiptsto fromsell 6heand saleserve ofalcoholic mixed beverages andfor food.on-premises consumption.

5The 4.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 least 45 percent of the gross receipts from the sale of mixed beverages and food.

Mixed4. beverage carrier licenses to (i) persons operating a common carrier of passengers bR 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, 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 designated areas of a passenger lounge for ticketed air carrier passengers that is located within an airport in the Commonwealth.

ForMixed purposesbeverage ofcarrier supplyinglicenses itsto airplanes,(i) aspersons welloperating asa anycommon airplanescarrier of apassengers licensedby expresstrain, carrierboat, flyingbus, underor airplane, which shall authorize the samelicensee brand,to ansell airand carrierserve licenseemixed maybeverages appointanywhere anin authorizedthe representativeCommonwealth to loadpassengers alcoholicwhile beveragesin ontotransit theaboard sameany airplanessuch common carrier, and toin transportdesignated androoms storeof alcoholicestablishments beveragesof air carriers at orairports in closethe proximityCommonwealth toand (ii) financial institutions, subsidiaries of a financial institution, or persons approved by the applicable airport whereauthority thethat alcoholichave beveragesentered willinto bea deliveredcontract ontowith airplanesa 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 designated areas of a passenger lounge for ticketed air carrier andpassengers anythat suchis licensedlocated expresswithin carrier.an airport in the Commonwealth.

TheFor airpurposes carrierof licenseesupplying shallits (a)airplanes, designateas forwell purposesas any airplanes of itsa licenselicensed allexpress locationscarrier whereflying under the inventorysame ofbrand, alcoholican beveragesair carrier licensee may beappoint storedan andauthorized fromrepresentative whichto load alcoholic beverages onto the carriersame airplanes and (b)to maintaintransport recordsand ofstore all alcoholic beverages at or in close proximity to the airport where the alcoholic beverages will be transported,delivered stored,onto airplanes of the air of 27 carrier and deliveredany bysuch itslicensed authorizedexpress representative.carrier.

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 authorized representative.

"Passenger lounge" means any restricted-access passenger waiting room or lounge leased to persons passengers.icableby the applicable airport authority in which food and beverage services are provided to ticketed 5.passengers.

5.

The granting of a license servepursuant wineto andthis beersubdivision forshall on-premisesautomatically consumptionauthorize or in closed containers for off-premises consumption;nd however, the licensee shallto beobtain requireda license to paysell theand localserve feewine requiredand beer for suchon-premises additionalconsumption licenseor pursuantin ofclosed 28containers tofor §off-premises 4.1-233.1.consumption;

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

of 27 (ii) has been rehabilitated in accordance with historic preservation standards;

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 28 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 Eeetmeet 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.

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

however, the §licensee 4.1-233.1.llshall be required to pay the local fee required for such additional license pursuant tOto 9.§ 4.1-233.1.

Bed9. and breakfast licenses, which shall authorize the licensee to (i) serve alcoholic beverages 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 areas, and without regard to the amount of gross receipts from the sale of food prepared and consumed on tEe 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 of the bed and breakfast establishment.

ForBed purposesand ofbreakfast thislicenses, subdivision,which "othershall designatedauthorize areas"the includeslicensee outdoorto (i) serve alcoholic beverages in dining areas, whetherprivate orguest notrooms, contiguousand other designated areas to thepersons licensedto premises,whom whichovernight maylodging haveis morebeing diningprovided, areaswith areor underwithout meals, for on-premises consumption only in such rooms and areas, and without regard to the controlamount of gross receipts from the licenseesale of food prepared and approvedconsumed 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 of the Board.bed and breakfast establishment.

SuchFor noncontiguousoorpurposes of this subdivision, "other designated areasareas" shallincludes outdoor dining areas, whether or not becontiguous approvedto forthe anylicensed retailpremises, licensewhich issuedmay pursuanthave more than one means of ingress and egress to subdivisionan Aadjacent 5public thoroughfare, provided that such outdoor dining areas are under the control of §the 4.1-201.licensee and approved by the Board.

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

Museum licenses, which may be issued to nonprofit museums exempt from taxation under S § 501(c)(3) of the Internal Revenue Code, which shall authorize the licensee to (i) permit the 6 consumption of lawfully acquired alcoholic beverages on the premises of the licensee by any bon5bona fide member and guests thereof and (ii) serve alcoholic beverages on the premises of the licensee toRanyto any bona fide member and guests thereof.

consumption11. of lawfully acquired alcoholic beverages on the premises of the licensee by patrons thereof during such events.

Motor car sporting event facility licenses, 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 events.

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 tenantlazas,tenant location of the commercial lifestyle center that is not a retail licensee of the Board, upon approval of such tenant, but excluding any parking areas.

Only alcoholic beverages purchased from such retail of 27 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 licensee shall ofprovide thisadequate subtitlesecurity andfor Boardthe regulations.sedlicensed premises to ensure compliance with the applicable provisions 13.of this subtitle and Board regulations.

13.

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 by the Board.

The of 28 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;

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 meals, in dining areas and other designated areas of such restaurants, or in dining areas, private guest of 27 rooms, and other designated areas of such hotels or clubs, for consumption only in such rooms and areas.

of 28 2.

Hospitals, which shall authorize the licensee to sell wine and beer (i) in the rooms of patients for their on-premises consumption only in such rooms, provided the consent of the patient's attendiEgattending physician is first obtained or (ii) in closed containers for off-premises consumption.

No license shall be granted uRlessunless (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 thentthe license.

L 4.

Coliseums, 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 contEinerscontainers 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.

Performing5. arts food concessionaires, which shall authorize the licensee to sell wine and beer during the performance of any event to patrons within all seating areas, concourses, walkways, or concession areas, or other areas approved by the Board (i) in closed containers for off-premises consumption or (ii) in paper, plastic, or similar disposable containers or in single original mStal cans for on-premises consumption.

UponPerforming authorizationarts offood concessionaires, which shall authorize the licensee,licensee to sell wine and beer during the performance of any personevent mayto keeppatrons andwithin consumeall hi6seating ownareas, lawfullyconcourses, acquiredwalkways, alcoholicor beveragesconcession onareas, or other areas approved by the premisesBoard (i) in allclosed areascontainers andfor locationsoff-premises coveredconsumption by5theor license.(ii) in paper, plastic, or similar disposable containers or in single original metal cans for on-premises consumption.

SuchUpon licensesauthorization mayof bethe grantedlicensee, to persons operating food concessions at any outdoorperson perfRrmingmay artskeep amphitheater,and arena,consume orhis similarown facilitylawfully thatacquired (a)alcoholic hasbeverages seatingon forthe morepremises thanin 20,000all personsareas and islocations locatedcovered inby Prince William County or the Citylicense. of Virginia Beach;

(b)Such haslicenses seatingmay orbe capacitygranted forto morepersons thanoperating 3,500food personsconcessions andat isany locatedoutdoor inperforming thearts Countyamphitheater, ofarena, Albemarle,or Alleghany,similar Augusta,facility Nelson,that Pittsylvania,(a) 9,500has seating for more than 20,000 persons and is located in HenricoPrince County.anville,William County or Roanoke;the City of Virginia Beach;

or(b) (c) has seating or capacity for more than 6.3,500 persons and is located in the County of Albemarle, Alleghany, Augusta, Nelson, Pittsylvania, or Rockingham or the City of Charlottesville, Danville, or Roanoke;

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

6.

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 under the Forurban purposescounty ofexecutive thisform subdivision,of "exhibitiongovernment or expositionany hall"city andthat "conventionis centers"completely meansurrounded facilitiesby conductingsuch privatecounty. or public trade shows or exhibitions in an indoor facility having in excess of 100,000 square feet of floor space.

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 of 100,000 square feet of floor space.

Such licenses may be granted to persons operating concert or dinner-theater venues on property fronting of 27 Natural Bridge School Road in Natural Bridge Station and formerly operated as Natural Bridge High School.

Bridge School Road in Natural Bridge Station and formerly operated as Natural Bridge High 8.

Such licenses may be granted to persons operating a nonprofit museum exempt from taxation under § 501(c)(3) of the Internal Revenue Code, located in the Town of Front Royal, and dedicated to limitededucating to the premisesconsuming ofpublic theabout museum,historic regularlybeer occupiedproducts. and utilized as such.this license shall be C.

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

C.

of 28 1.

A tasting license of 27 shall be issued for the purpose of featuring and educating the consuming public about the alcoholic beverages being tasted.

For the purposes of this subdivision, when the location named in the original application for a license is outdoors, the application may also name an alternative location in the event of inclement of 28 weather.

E b.

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 thereRf,thereof, otherwise eligible for a banquet license.

However, lawfully acquired alcoholic beverages shall not be purchased or sold by the licensee or sold or charged for in any way by the person permitted to use the premises.

Such premises shall be a 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.

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 emergEncyemergency 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 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.

In determining the designated area for the designated outdoor refreshment area, theSBoardthe Board shall consult with the locality.

Designated outdoor refreshment area licensees shall be limited6tolimited to 16 events per year, and the duration of any event shall not exceed three consecutive days.

However5However, the Board may increase the frequency and duration of events after adoption of an ordinance by a locRlitylocality requesting such increase in frequency and duration.

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;

The designated outdoor refreshment area licensee noshall physicalpost barriersappropriate shallsignage beclearly requireddemarcating for thisthe purpose.public the boundaries of the event;

however, no physical barriers shall be required for this purpose.

The granting of a license pursuant to this subdivision shall automatically however,authorize the licensee shall be required to payobtain thea locallicense feeto requiredsell forand suchserve additionalwine licenseand pursuantbeer tofor §on-premises 4.1-233.1.consumption;

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

However, of 27 alcoholic beverages shall not be sold or charged for in any way by the licensee.

Annual arts venue event licenses, to persons operating an arts venue, which shall authorize the licensee participating in a community art walk that is open to the public to serve lawfully acquired wine beverages shall not be sold or chargedbeer foron in any way, directly or indirectly, by the licensee,premises andof the licensee shall not give more than two five-ounce glasses of wine or two 12-ounce glasses of beer to anyadult ofpatrons 28thereof oneduring adultsuch patron.events.

However, alcoholic 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.

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 27 wine, and farm wine it is authorized to sell in closed containers to consumers within the Commonwealth for personal off-premises consumption.

of 28 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 wiEery,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.

R D.

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 O 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 L regulation.

E E.

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) Shethe owner or any officer, director, shareholder, or employee of the licensee or permittee or (ii) a third6partythird-party delivery licensee pursuant to § 4.1-212.2.

The licensee performing the delivery shall be liable5forliable for any administrative violations of this section or § 4.1-304 committed during transport through complRtioncompletion of the delivery.

No more than 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.

(d) (iv) in the case of wine, beer, or, if purchased from a mixed beverage 16restaurant or limited mixed beverage restaurant licensee, mixed beverages, have a maximum volume of ounces per beverage;

In addition to other applicable requirements set forth in this section, the following provisions shall apply to the sale of mixed beverages for off-premises consumption and the delivery of mixed beverages pur1.pursuant to this section:

1.

Any summary revocation by the Board pursuant to this paragraph (i) shall not be subject to the provisions of § 4.1-227, (ii) shall not be subject to appeal, and (iii) shall become effective upon personal of 27 service of the notice of summary revocation to the licensee or upon the fourth business day after suchrsonalsuch notice is mailed to the licensee's residence or the address listed for the licensed premises on the initial of 28 license application.

For purposes of this subsection, "keg of 28 registration seal" means any document, stamp, declaration, seal, decal, sticker, or device that is approved of 27 by the Board, designed to be affixed to kegs, and displays a registration number and such otherEother information as may be prescribed by the Board.

N A.

Every person intending to apply for any license authorized by this chapter shall file witRwith the Board an application on forms provided by the Board and a statement in writing by the applicant sweApplicantsswearing forand retailaffirming licenses for establishments that serveall food or are otherwise required to obtain a food establishment permit from the Department of Health or an inspection by the Departmentinformation ofcontained Ltherein Agricultureis andtrue. Consumer Services shall provide a copy of such permit, proof of inspection, proof of a pending application for such permit, or proof of a pending request for such inspection.

IfApplicants for retail licenses for establishments that serve food or are otherwise required to obtain a food establishment permit from the applicantDepartment providesof Health or an inspection by the Department of Agriculture and Consumer Services shall provide a copy of such permit, proof of inspection, proof of a pending application for asuch permiE,permit, or proof of a pending request for ansuch inspection,inspection. a license may be issued to the applicant.

If the applicant provides a copy of such permit, proof of inspection, proof of a pending application for a permit, or proof of a pending request for an inspection, a license may be issued to the applicant.

annualB. banquet, banquet, tasting, special events, club events, annual mixed beverage banquet, wine ands for beer shipper's, delivery permit, annual arts venue, or museum licenses issued under the provisions of Chapter 2 (§ 4.1-200 et seq.), or beer or wine importer's licenses, shall post a notice of his application with the Board on the front door of the building, place, or room where he proposes to engage inSsuch business for no more than 30 days and not less than 10 days.

SuchIn noticeaddition, shalleach beapplicant offor a sizelicense and6containunder suchthe informationprovisions asof requiredthis bychapter, except applicants for annual banquet, banquet, tasting, special events, club events, annual mixed beverage banquet, wine and beer shipper's, delivery permit, annual arts venue, or museum licenses issued under the Board,provisions includingof aChapter statement2 that(§ any4.1-200 objectionset seq.), or beer or wine importer's licenses, shall bepost s5bmitteda tonotice theof Boardhis notapplication morewith thanthe 30Board dayson followingthe initialfront publicationdoor of the noticebuilding, requiredplace, pursuanRor room where he proposes to thisengage subsection.in such business for no more than 30 days and not less than 10 days.

TheSuch applicantnotice shall also cause notice to be publishedof at least once a weeksize forand twocontain consecutivesuch weeksinformation inas arequired newspaperby published in or having a general circulation in the county, city, or town wherein such the Board, including a statement that any objections toshall the issuance of the license be submitted to theythe Board not latermore than 30 days fromfollowing theinitial datepublication of the initialnotice newspaperrequired publication.pursuant to this subsection.

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 applicant proposes to engage in such business.

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

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, foron aeach criminalapplicant history records search and completed personal data form for officers,a directors,ementlicense. nonmanaging members, or limited partners of any applicant corporation, limited liability company, or limited partnership.

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, nonmanaging members, or limited partners of any applicant corporation, limited liability company, or limited partnership.

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 Investigation or the Central Criminal Records Exchange for processing any fingerprints through the Federal Bureau ofonof or Investigation or the Central Criminal Records Exchange for each criminal history records search required by the Board, except for banquet, tasting, or mixed beverage club events licenses, in which case the application fee shall be $15.

Board.E.

SuchEvery permitsapplication shallfor confera uponpermit theirgranted holderspursuant no authority to make§ solicitations4.1-212 inshall thedbe byon thea Commonwealthform as otherwise provided by law.the Board.

ofSuch 28permits The fee for a temporary permit shall beconfer one-twelfthupon oftheir theholders combinedno feesauthority required by this section for applicable licenses to sellmake wine,solicitations beer,in or mixed beverages computed to the nearestCommonwealth centas andotherwise multipliedprovided by thelaw. number of months for which the permit is granted.

The fee for a temporary permit shall be one-twelfth of the combined fees required by this section for applicable licenses to sell wine, beer, or mixed beverages computed to the nearest cent and multiplied by the number of months for which the permit is granted.

The Board shall have the authority to increase state license fees from the amounts set forth in of 27 § 4.1-231.1 as it was in effect on January 1, 2022.

For the purposes of this subdivision, "gaming station" of 28 means each slot machine and each casino gaming table that is in active use, as determined annually on December 31;

E d.

N f.

R (1) $520 for each of the average number of dining cars, buffet cars, or club cars operated daily in the(2)the $910Commonwealth forby eacha common carrier of passengers by boat;n;train;

Oof (3)27 $520(2) $910 for each common carrier of passengers by bus;boat;

and(3) L$520 (4) $2,360 for each license granted to a common carrier of passengers by airplane;bus;

and (4) $2,360 for each license granted to a common carrier of passengers by airplane;

L h.

E (1) With a seating capacity at tables for up to 100 persons, $945;

j.

Bed and breakfast license, $100;

Museum license, $260;ense,$260; $100;

and S o.

6 4.

For each on-and-off premises wine a5dand beer license, $450.

R 5.

and 6.c.

Confectionery license, $170.

6.

(2) Banquet facility license, $260;

a.

Wine and beer shipper's license, $230;

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.

SuchThe tax shallon noteach license granted or reissued for a period other than 12, 24, or 36 months shall be equal to one-twelfth of 28the refundable,taxes exceptrequired asby providedsubsection A computed to the nearest cent, multiplied by the number of months in §the 4.1-232.license period, and then increased by five percent.

Such tax shall not be refundable, except as provided in § 4.1-232.

of 27 D.

Mixed beverage casino license, $3,100 plus an additional $5 for each gaming station located on of 28 the premises of the casino gaming establishment.

For the purposes of this subdivision, "gaming station" means each slot machine and each casino gaming table that is in active use, as determined annuaElyannually on December 31;

N e.

R f.

the(1) Commonwealth$520 byfor aeach commonof carrierthe average number of passengersdining bycars, train;uffetbuffet cars, or club cars operated dOilydaily in (2)the $910Commonwealth forby eacha common carrier of passengers by boat;train;

L(2) (3)$910 $520 for each common carrier of passengers by bus;boat;

(3) $520 for each common carrier of passengers by bus;

L g.

E h.

of 27 (1) With a seating capacity at tables for up to 100 persons, $945;

D (2) With a seating capacity at tables for more than 100 but not more than 150 persons, $1,385;

i.

Annual mixed beverage performing arts facility license, $630;

arts facility license, $630;

S n.

and 6 o.

5 4.

For each on-and-off premises wine aRdand beer license, $450.

c.b.

ConfectioneryGourmet license,brewing $170.,shop license, $320;

and 6.c.

Confectionery license, $170.

6.

(1) Annual banquet license, $300;

a.8.

WineRetail andlicenses beer–– shipper'sshipper, license,bottler, $230;ndand related licenses.

a.

Wine and beer shipper's license, $230;

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

TheB. 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 of 28 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.

That the second enactment of Chapter 281 and the second enactment of Chapter 282 of the Acts of Assembly of 2021, Special Session I, as amended by the second enactment of Chapter 78 of 27 and the second enactment of Chapter 79 of the Acts of Assembly of 2022, are repealed.