HB 271 — Gaming Commission; established, penalties, report.

Information relating to studies and investigations by the Virginia Lottery of (i) lottery agents, (ii) lottery DRAFT OFFERED FOR CONSIDERATION 2/10/2026 vendors, (iii) lottery crimes under §§ 58.1-4014 through 58.1-4018 29.5-713 and 29.5-803 through 29.5-807, (iv) defects in the law or regulations that cause abuses in the administration and operation of the lottery and any evasions of such provisions, or (v) the use of the lottery as a subterfuge for organized crime and illegal gambling where such information has not been publicly released, published, or copyrighted.

of 159 9.

Records of active investigations being conducted by the Department of Criminal Justice Services DRAFT OFFERED FOR CONSIDERATION 2/10/2026 pursuant to Article 4 (§ 9.1-138 et seq.), Article 4.1 (§ 9.1-150.1 et seq.), Article 11 (§ 9.1-185 et seq.), and Article 12 (§ 9.1-186 et seq.) of Chapter 1 of Title 9.1.

§10. 22.1-253.13:3 in connection with the review or investigation of any alleged breach in security, unauthorized alteration, or improper administration of tests by local school board employees responsible for the distribution or administration of the tests.

Information furnished to or prepared by the Board of Education pursuant to subsection D of § 22.1-253.13:3 in connection with the review or investigation of any alleged breach in security, unauthorized alteration, or improper administration of tests by local school board employees responsible for the distribution or administration of the tests.

Information contained in (i) an application for licensure or renewal of a license for teachers and other school personnel, including transcripts or other documents submitted in support of an application, and (ii) an active investigation conducted by or for the Board of Education related to the denial, suspension, Hcancellation, revocation, or reinstatement of teacher and other school personnel licenses including investigator notes and other correspondence and information, furnished in confidence with respect to such investigation.

However, this subdivision shall not prohibit the disclosure of such (a) application information to the applicant at his own expense or (b) investigation information to a local school board or divisionUdivision superintendent for the purpose of permitting such board or superintendent to consider or to take personnSlpersonnel action with regard to an employee.

The completed investigation information disclosed shall include information regarding the school or facility involved, the identity of the person who was the subject of the complaint, the nature of the complaint, Sndand the actions taken to resolve the complaint.

No personally identifiable information regarding a current or former Bstudent stud12.shall be released except as permitted by state or federal law.

Information12. provided in confidence and related to an investigation by the Attorney General underS Article 1 (§ 3.2-4200 et seq.) or Article 3 (§ 3.2-4204 et seq.) of Chapter 42 of Title 3.2, Article 10 (§ 18.2-246.6 et seq.) of Chapter 6 or Chapter 13 (§ 18.2-512 et seq.) of Title 18.2, or Article 1 (§ 58.1-1000) of Chapter 10 of Title 58.1.

However,Information informationprovided in confidence and related to an investigation thatby hasthe beenAttorney inactiveGeneral forunder moreArticle than1 six(§ months3.2-4200 shall,et uponseq.) request,or beArticle disclosed3 provided(§ such3.2-4204 disclosureet isseq.) notof otherwiseChapter prohibited42 bTof lawTitle and3.2, doesArticle not10 reveal(§ the18.2-246.6 identityet seq.) of chargingChapter parties,6 complainants,or personsChapter supplying13 information,(§ witnesses,18.2-512 et seq.) of Title 18.2, or otherArticle individuals1 involved(§ in58.1-1000) theDRAFT investigation.OFFERED FOR CONSIDERATION 2/10/2026 of Chapter 10 of Title 58.1.

UHowever, 13.information related to an investigation that has been inactive for more than six months shall, upon request, be disclosed provided such disclosure is not otherwise prohibited by law and does not reveal the identity of charging parties, complainants, persons supplying information, witnesses, or other individuals involved in the investigation.

Records13. of active investigations being conducted by the Department of Behavioral Health and T Developmental Services pursuant to Chapter 4 (§ 37.2-400 et seq.) of Title 37.2.

ERecords §of 2.2-3705.3.active investigations being conducted by the Department of Behavioral Health and Developmental Services pursuant to Chapter 4 (§ 37.2-400 et seq.) of Title 37.2.

§ 2.2-3705.3.

The following information contained in a public record is excluded from the mandatory disclosure provisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law.

H2. Department of Health Professions or any health regulatory board in the Commonwealth pursuant toity or byBthe § 54.1-108.

7Records 3.of active investigations being conducted by the Virginia Cannabis Control Authority or by the Department of Health Professions or any health regulatory board in the Commonwealth pursuant to § 54.1-108.

Investigator3. notes, and other correspondence and information, furnished in confidence with respect to an active investigation of individual employment discrimination complaints made to the Department of C Human Resource Management, to such personnel of any local public body, including local school boards, as2 are responsible for conducting such investigations in confidence, or to any public institution of higher education.

Investigator notes, and other correspondence and information, furnished in confidence with respect to an active investigation of individual employment discrimination complaints made to the Department of Human Resource Management, to such personnel of any local public body, including local school boards, as are responsible for conducting such investigations in confidence, or to any public institution of higher education.

HB271HC2DRAFT 6OFFERED ofFOR 159CONSIDERATION 2/10/2026 5.

Local governing bodies shall DRAFT OFFERED FOR CONSIDERATION 2/10/2026 adopt guidelines to govern the disclosure required by this subdivision.

The completed investigation information disclosed shall include information regarding the school or facility DRAFT OFFERED FOR CONSIDERATION 2/10/2026 involved, the identity of the person who was the subject of the complaint, the nature of the complaint, and the of 159 actions taken to resolve the complaint.

No personally identifiable information regarding a current or former stud12.student shall be released except as permitted by state or federal law.

12.

The following information contained in a public record is excluded from the mandatory disclosure Hprovisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law.

O 1.

S 2.

E 3.

Proprietary information, voluntarily provided by private business pursuant to a promise of confidentiality from a public body, used by the public body for business, trade, and tourism developmentSordevelopment or retention;

and memoranda, working papers, or other information related to businesses that are considering locating or expanding in Virginia, prepared by a public body, where competition or bargaining is involved and where disclosure of such information would adversely affect the financial interest of the public bodB.body.

seq.),4. as such Act existed prior to July 1, 1992.

Information that was filed as confidential under the Toxic Substances Information Act (§ 32.1-239Set32.1-239 5.et seq.), as such Act existed prior to July 1, 1992.

DRAFT OFFERED FOR CONSIDERATION 2/10/2026 5.

T 6.

Confidential financial statements, balance sheets, trade secrets, and revenue and cost projections provided to the Department of Rail and Public Transportation, provided such information is exempt under Thethe federal Freedom of Information Act or the federal Interstate Commerce Act or other laws administered by the Surface Transportation Board or the Federal Railroad Administration with respect to data provided in U confidence to the Surface Transportation Board and the Federal Railroad Administration.

T 7.

Proprietary information related to inventory and sales, voluntarily provided by private energy suEplierssuppliers to the Department of Energy, used by that Department for energy contingency planning purposes or for developing consolidated statistical information on energy supplies.

Medicaid8. Prior Authorization Advisory Committee pursuant to Article 4 (§ 32.1-331.12 et seq.) of Chapter 10 of Title 32.1.

Confidential proprietary information furnished to the Board of Medical Assistance Services or the Medicaid Prior Authorization Advisory Committee pursuant to Article 4 (§ 32.1-331.12 et seq.) of Chapter 10 of Title 32.1.

However, the exclusion provideHprovided by t10.this subdivision shall not apply to any wholly owned subsidiary of a public body.

Confidential10. information designated as provided in subsection F of § 2.2-4342 as trade secrets or proprietary information by any person in connection with a procurement transaction or by any person who 7 has submitted to a public body an application for prequalification to bid on public construction projects in accordance with subsection B of § 2.2-4317.

CConfidential 11.information designated as provided in subsection F of § 2.2-4342 as trade secrets or proprietary information by any person in connection with a procurement transaction or by any person who has submitted to a public body an application for prequalification to bid on public construction projects in accordance with subsection B of § 2.2-4317.

11.

Memoranda, staff evaluations, or other information prepared by the responsible public entity, its staff, outside advisors, or consultants exclusively for the evaluation and negotiation of proposals filed under the Public-Private Transportation Act of 1995 (§ 33.2-1800 et seq.) or the Public-Private Education Facilities and Infrastructure Act of 2002 (§ 56-575.1 et seq.) where (i) if such information was made public prior to or after the execution of an interim or a comprehensive agreement, § 33.2-1820 or 56-575.17 notwithstanding, DRAFT OFFERED FOR CONSIDERATION 2/10/2026 the financial interest or bargaining position of the public entity would be adversely affected and (ii) the basis for the determination required in clause (i) is documented in writing by the responsible public entity;

and HB271HC2 8 of 159 b.

(c) information concerning the terms and conditions of any financing arrangement that DRAFT OFFERED FOR CONSIDERATION 2/10/2026 involves the use of any public funds;

Information of a proprietary or confidential nature furnished by a supplier or manufacturer of charitable gaming supplies to the Department of Agriculture and Consumer Services Virginia Gaming DRAFT OFFERED FOR CONSIDERATION 2/10/2026 Commission (i) pursuant to subsection E of § 18.2-340.34 29.5-225 and (ii) pursuant to regulations promulgated by the Commissioner of Agriculture and Consumer Services Virginia Gaming Commission Board related to approval of electronic and mechanical equipment.

Information related to Virginia apple producer sales provided to the Virginia State Apple Board of 159 pursuant to § 3.2-1215.

Trade secrets submitted by CMRS providers as defined in § 56-484.12 to the former Wireless Carrier E-911 Cost Recovery Subcommittee created pursuant to former § 56-484.15, relating to the provision of wire17.wireless E-911 service.

17.

In order for confidential proprietary information or trade secrets to be excluded from the provisionHprovisions of this chapter, the informationlocality forin whichwriting protectionshall is(a) sought,invoke andthe (c)protections stateof thethis reasonssubdivision, why(b) protectionidentify iswith necessary.th specificity However, the exemptioninformation providedfor bywhich thisprotection subdivisionis shallsought, notand apply(c) tostate any authority created pursuant to the BVUreasons Authoritywhy Actprotection (§is 15.2-7200necessary. et seq.).

UHowever, 19.the exemption provided by this subdivision shall not apply to any authority created pursuant to the BVU Authority Act (§ 15.2-7200 et seq.).

Confidential19. proprietary information and trade secrets developed by or for a local authority creSted in accordance with the Virginia Wireless Service Authorities Act (§ 15.2-5431.1 et seq.) to provide qualifying communications services as authorized by Article 5.1 (§ 56-484.7:1 et seq.) of Chapter 15 of Title 56, where disclosure of such information would be harmful to the competitive position of the authority, except that information required to be maintained in accordance with § 15.2-2160 shall be released.

SConfidential 20.proprietary information and trade secrets developed by or for a local authority created in accordance with the Virginia Wireless Service Authorities Act (§ 15.2-5431.1 et seq.) to provide qualifying communications services as authorized by Article 5.1 (§ 56-484.7:1 et seq.) of Chapter 15 of Title 56, where disclosure of such information would be harmful to the competitive position of the authority, except that information required to be maintained in accordance with § 15.2-2160 shall be released.

Trade20. secrets or financial information of a business, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, provided to the Department of Small Business and Supplier Diversity as part of an application for certification as a smaBl, such trade secrets or financial information to be excluded from the provisions of this chapter, the business shall (i) invoke such exclusion upon submission of the data or other materials for which protection from disclosure is sought, (ii) identify the data or other materials for which protection is sought, and (iii) state the reasons why protection is necessary.

ITrade 21.secrets or financial information of a business, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, provided to the Department of Small Business and Supplier Diversity as part of an application for certification as a small, DRAFT OFFERED FOR CONSIDERATION 2/10/2026 women-owned, or minority-owned business in accordance with Chapter 16.1 (§ 2.2-1603 et seq.).

InformationIn order for such trade secrets or financial information to be excluded from the provisions of athis proprietarychapter, the business shall (i) invoke such exclusion upon submission of the data or confidentialother naturematerials disclosedfor bywhich aprotection carrierfrom todisclosure is sought, (ii) identify the Statedata Healthor Tother Commissionermaterials pursuantfor towhich §§protection 32.1-276.5:1is sought, and 32.1-276.7:1.(iii) state the reasons why protection is necessary.

21.

Information of a proprietary or confidential nature disclosed by a carrier to the State Health Commissioner pursuant to §§ 32.1-276.5:1 and 32.1-276.7:1.

Trade secrets, including, but not limited to, financial information, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otTerwise,otherwise, and revenue and cost projections supplied by a private or nongovernmental entity to the State Inspector E General for the purpose of an audit, special investigation, or any study requested by the Office of the State InspInInspector orderGeneral for the information specified in thisaccordance subdivisionwith tolaw. be excluded from the provisions of this chapter, the private or nongovernmental entity shall make a written request to the State Inspector General:

In order for the information specified in this subdivision to be excluded from the provisions of this chapter, the private or nongovernmental entity shall make a written request to the State Inspector General:

Information relating to a grant application, or accompanying a grant application, submitted to tHethe Tobacco Region Revitalization Commission that would (i) reveal (a) trade secrets, (b) financial information of a grant applicant that is not a public body, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise, or (c) research-related 7 information produced or collected by the applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, technological, or scholarly issues, when such information has not been publicly released, published, copyrighted, or patented, and (ii) be harmful to the competitive position of the applicant;

and memoranda, staff evaluations, or other information prepared by the Commission or its staff DRAFT OFFERED FOR CONSIDERATION 2/10/2026 exclusively for the evaluation of grant applications.

HB271HC2 10 of 159 a.

The Authority shall determine whether the requested exclusion from disclosure is necessary to protect the DRAFT OFFERED FOR CONSIDERATION 2/10/2026 trade secrets or financial information of the private entity.

(b) financial information of a party to a grant, loan, or investment application that is not a public body, including balance sheets and financial statements, that are not generally DRAFT OFFERED FOR CONSIDERATION 2/10/2026 available to the public through regulatory disclosure or otherwise;

of 159 29.

(b) financial information of the private business, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise;

or (c) other information are not submitted by the private business and (ii) adversely affect the financial interest or bargaining position of the public body or private business.

Information contained in engineering and construction drawings and plans submitted for the sole purpose of complying with the Building Code in obtaining a building permit if disclosure of such informaHioninformation would identify specific trade secrets or other information that would be harmful to the competitive position of the owner or lessee.

However, such information shall be exempt only until the building is completed.positioncompleted. of Information relating to the safety or environmental soundness of any building shall not be exempt from O disclosure.

UInformation 31.relating to the safety or environmental soundness of any building shall not be exempt from disclosure.

Trade31. secrets, including, but not limited to, financial information, including balance sheets anS financial statements that are not generally available to the public through regulatory disclosure or otherwise, and revenue and cost projections supplied by a private or nongovernmental entity to the Virginia Department of Transportation for the purpose of an audit, special investigation, or any study requested by the Virginia Department of Transportation in accordance with law.

STrade Insecrets, orderincluding, forbut thenot recordslimited specifiedto, infinancial thisinformation, subdivisionincluding tobalance besheets excludedand fromfinancial thestatements provisionsthat ofare thisnot chapter,generally available to the public through regulatory disclosure or otherwise, and revenue and cost projections supplied by a private or nongovernmental entity shallto makethe aVirginia writtenDepartment requestDRAFT toOFFERED FOR CONSIDERATION 2/10/2026 of Transportation for the Department:purpose of an audit, special investigation, or any study requested by the Virginia Department of Transportation in accordance with law.

UIn a.order for the records specified in this subdivision to be excluded from the provisions of this chapter, the private or nongovernmental entity shall make a written request to the Department:

Invokinga. such exclusion upon submission of the data or other materials for which protection from B discb.

Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought;

b.

and S c.

The Virginia Department of Transportation shall determine whether the requested exclusion from T disclosure is necessary to protect trade secrets or financial records of the private entity.

The Virginia Department of Transportation shall make a written determination of the nature and scope of the protectioTprotection to be afforded by it under this subdivision.

Information related to a grant application, or accompanying a grant application, submitted to the Department of Housing and Community Development that would (i) reveal (a) trade secrets, (b) financial T information of a grant applicant that is not a public body, including balance sheets and financial stateEents,statements, that are not generally available to the public through regulatory disclosure or otherwise, or (c) research-related information produced or collected by the applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, technological, or scholarly issues, when such information has not been publicly released, published, copyrighted, or patented, and (ii) be harmful to the competitive position of the applicant.

Identifying with specificity the data, information, or other materials for which protection is soHght;sought;

BThe Department shall determine whether the requested exclusion from disclosure is necessary to protect DRAFT OFFERED FOR CONSIDERATION 2/10/2026 the trade secrets or confidential proprietary information of the applicant.

The Department shall make ae7ta written determination of the nature and scope of the protection to be afforded by it under this subdivision.

Information of a proprietary or confidential nature disclosed by a health carrier or pharmacy benefits manager pursuant to § 38.2-3407.15:6, a wholesale distributor pursuant to § 54.1-3436.1, or a manufacturer HB271HC2 12 of 159 pursuant to § 54.1-3442.02.

Information of a proprietary or confidential nature, including trade secrets, employee compensation information, balance sheets and financial statements that are not available to the public through regulatory disclosure or otherwise, and revenue and cost projections supplied by a private or nongovernmental entity to the Department of Workforce Development and Advancement (the Department) for the purpose of sponsoring, implementing, and operating (i) an apprenticeship program approved by the Department or (ii) a similar lawful workforce development or public-private partnership approved by the Department that assists DRAFT OFFERED FOR CONSIDERATION 2/10/2026 the Department in fulfilling its mission and objectives and whose workforce development initiative could not advance without such exemption, as determined by the Commissioner of the Department and the Secretary of Labor.

"Working papers" means those records DRAFT OFFERED FOR CONSIDERATION 2/10/2026 prepared by or for a public official identified in this subdivision for his personal or deliberative use.

"Working papers" means those records prepared by or for a public official identified in this subdivision for his personal or deliberative use.

Lists of registered owners of bonds issued by a political subdivision of the Commonwealth, whether the lists are maintained by the political subdivision itself or by a single fiduciary designated by the political of 159 subdivision.

Information furnished by a member of the General Assembly to a meeting of a standing committee, special committee, or subcommittee of his house established solely for the purpose of reviewing members' annual disclosure statements and supporting materials filed under § 30-110 or of formulating advisory opinions to members on standards of conduct, or both.

filed under § 30-110 or of formulating advisory 7.

or (iv) filed with anyHany local redevelopment and housing authority created pursuant to § 36-4 or any other local government agency concerning persons who have applied for occupancy or who have occupied affordable dwelling unitsntunits agency established pursuant to § 15.2-2304 or 15.2-2305.

However, access to one's own information shall not be ODRAFT OFFERED FOR CONSIDERATION 2/10/2026 denied.

U 9.

Information regarding the siting of hazardous waste facilities, except as provided in § 10.1-1441S10.1-1441, if disclosure of such information would have a detrimental effect upon the negotiating position of a governing body or on the establishment of the terms, conditions, and provisions of the siting agreement.

E 10.

Information on the site-specific location of rare, threatened, endangered, or otherwise imperiled plant and animal species, natural communities, caves, and significant historic and archaeological sites if, inSthein the opinion of the public body that has the responsibility for such information, disclosure of the information would jeopardize the continued existence or the integrity of the resource.

B11. nature produced by or for or collected by or for the Virginia Lottery relating to matters of a specific lottery game design, development, production, operation, ticket price, prize structure, manner of selecting the winning ticket, manner of payment of prizes to holders of winning tickets, frequency of drawings or T selections of winning tickets, odds of winning, advertising, or marketing, where such information not been publicly released, published, copyrighted, or patented.

WhetherMemoranda, released,graphics, published,video or copyrighted,audio allTgame-tapes, relatedproduction informationmodels, shalldata, beand subjectinformation toof publica disclosureproprietary undernature thisproduced chapterby uponor thefor firstor daycollected ofby salesor for the Virginia Lottery relating to matters of a specific lottery game design, development, production, operation, ticket price, prize structure, manner of selecting the winning ticket, manner of payment of prizes to whichholders itof pertains.winning tickets, frequency of drawings or selections of winning tickets, odds of winning, advertising, or marketing, where such information not been publicly released, published, copyrighted, or patented.

UWhether 12.released, published, or copyrighted, all game- related information shall be subject to public disclosure under this chapter upon the first day of sales for the specific lottery game to which it pertains.

Information12. held by the Virginia Retirement System, acting pursuant to § 51.1-124.30, or a localT retirement system, acting pursuant to § 51.1-803, or by a local finance board or board of trustees of a Erust established by one or more local public bodies to invest funds for post-retirement benefits other than pensions, acting pursuant to Article 8 (§ 15.2-1544 et seq.) of Chapter 15 of Title 15.2, or by the board of College of William and Mary in Virginia, acting pursuant to § 23.1-2803, or by the Commonwealth Savers The Plan, acting pursuant to § 23.1-704, relating to the acquisition, holding, or disposition of a security or other ownership interest in an entity, where such security or ownership interest is not traded on a governmentally regulated securities exchange, if disclosure of such information would (i) reveal confidential analyses prepared for the board of visitors of the University of Virginia, prepared for the board of visitors of The College of William and Mary in Virginia, prepared by the retirement system, a local finance board or board of trustees, or the Commonwealth Savers Plan, or provided to the retirement system, a local finance board or board of trustees, or the Commonwealth Savers Plan under a promise of confidentiality of the future value of such ownership interest or the future financial performance of the entity and (ii) have an adverse effect on the value of the investment to be acquired, held, or disposed of by the retirement system, a local finance bHard or William and Mary in Virginia, or the Commonwealth Savers Plan.

NothingInformation inheld thisby subdivisionthe shallVirginia beeRetirement ColBegeSystem, acting pursuant to § 51.1-124.30, or a local retirement system, acting pursuant to § 51.1-803, or by a local finance board or board of construedtrustees of a trust established by one or more local public bodies to preventinvest funds for post-retirement benefits other than pensions, acting pursuant to Article 8 (§ 15.2-1544 et seq.) of Chapter 15 of Title 15.2, or by the board of visitors of the University of Virginia, acting pursuant to § 23.1-2210, or by the board of visitors of The College of William and Mary in Virginia, acting pursuant to § 23.1-2803, or by the Commonwealth Savers Plan, acting pursuant to § 23.1-704, relating to the acquisition, holding, or disposition of a security or other ownership interest in an entity, where such security or ownership interest is not traded on a governmentally regulated securities exchange, if disclosure of such information relatingwould (i) reveal confidential analyses prepared for the board of visitors of the University of Virginia, prepared for the board of visitors of The College of William and Mary in Virginia, prepared by the retirement system, a local finance board or board of trustees, or the Commonwealth Savers Plan, or provided to the identityretirement system, a local finance board or board of anytrustees, or the Commonwealth Savers Plan under a promise of confidentiality of the future value of DRAFT OFFERED FOR CONSIDERATION 2/10/2026 such ownership interest or the future financial performance of the entity and (ii) have an adverse effect on the value of the investment to be acquired, held, or disposed of by the amountretirement invested,system, a local finance board or board of trustees, the presentboard valueof visitors of suchthe investment.University of Virginia, the board of visitors of The College of William and Mary in Virginia, or the Commonwealth Savers Plan.

HNothing 13.in this subdivision shall be construed to prevent the disclosure of information relating to the identity of any investment held, the amount invested, or the present value of such investment.

Financial,13. medical, rehabilitative, and other personal information concerning applicants for or C recipients of loan funds submitted to or maintained by the Assistive Technology Loan Fund Authority under Chapter 11 (§ 51.5-53 et seq.) of Title 51.5.

Financial, medical, rehabilitative, and other personal information concerning applicants for or recipients of loan funds submitted to or maintained by the Assistive Technology Loan Fund Authority under Chapter 11 (§ 51.5-53 et seq.) of Title 51.5.

information of a proprietary nature produced or collected HB271HC2 14 of 159 by or for the Authority or members of its medical or teaching staffs;

Upon request, such information shall be DRAFT OFFERED FOR CONSIDERATION 2/10/2026 disclosed after a proposed sanction resulting from the investigation has been proposed to the director of the agency.

However, nothing in this subdivision shall operate to prevent the disclosure of information defined as directory information under regulations implementing the federal Family DRAFT OFFERED FOR CONSIDERATION 2/10/2026 Educational Rights and Privacy Act, 20 U.S.C.

of 159 a.

Internal deliberations of or decisions by the retirement system or the Commonwealth Savers Plan on the pursuit of particular investment strategies, or the selection or termination of investment managers, prior to the execution of such investment strategies or the selection or termination of such managers, if disclosure of such information would have an adverse impact on the financial interest of the retirement system or the Commonwealth Savers Plan;

anderseand impact on the financial interest of the retirement system or the b.

(1) Invoking such exclusion prior to or upon submission of the data or other materials for which DRAFT OFFERED FOR CONSIDERATION 2/10/2026 protection from disclosure is sought;

The retirement system or the Commonwealth Savers Plan shall determine whether the requested exclusioHexclusion fromNothingfrom in this subdivision shall be construed to prevent the disclosure ofmeets the identityrequirements orset amountforth ofin anysubdivision investmentb. held or the present value and performance of all asset classes and subclasses.

ONothing 25.in this subdivision shall be construed to prevent the disclosure of the identity or amount of any investment held or the present value and performance of all asset classes and subclasses.

25.

U 26.

Information maintained by the Department of the Treasury or participants in the Local GovernmentSGovernment Investment Pool (§ 2.2-4600 et seq.) and required to be provided by such participants to the Department to establish accounts in accordance with § 2.2-4602.

E 27.

Personal information, as defined in § 2.2-3801, contained in the Veterans Care Center Resident Trust Funds concerning residents or patients of the Department of Veterans Services Care Centers, except that S access shall not be denied to the person who is the subject of the information.

Information maintained in connection with fundraising activities by the Veterans Services Foundation pursuant to § 2.2-2716 that reveal the address, electronic mail address, facsimile or telephone number, Bocialsocial security number or other identification number appearing on a driver's license or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 or the comparable law of another jurisdiction, or credit card or bank account data of identifiable donors, except that access shall not be denied to the person who is the subject of the information.

Nothing in this subdivision, however, shall be construed to prevent the disclosure of information relating to the amount, date, purpose, and terms of the pledge or donation or the identity of the donor, unless the donor has requested anonymity in connection with or as a condition of making a pledge Tror donation.

T 29.

Information prepared for and utilized by the Commonwealth's Attorneys' Services Council in the E training of state prosecutors or law-enforcement personnel, where such information is not otherwise available to the public and the disclosure of such information would reveal confidential strategies, methods, or prosecutionprocedures ofto abe criminalemployed case.w-enforcementin law-enforcement activities or materials created for the investigation and 30.prosecution of a criminal case.

DRAFT OFFERED FOR CONSIDERATION 2/10/2026 30.

Information reflecting the substance of meetings in which (i) individual sexual assault cases are discussed by any sexual assault response team established pursuant to § 15.2-1627.4, (ii) individual chiHdchild abuse or neglect cases or sex offenses involving a child are discussed by multidisciplinary child sexualBabusesexual abuse response teams established pursuant to § 15.2-1627.5, (iii) individual cases of abuse, neglect, or exploitation of adults as defined in § 63.2-1603 are discussed by multidisciplinary teams established pursuant toxplo7tationto §§ 15.2-1627.5 and 63.2-1605, or (iv) individual human trafficking cases are discussed by any human H trafficking response team established pursuant to § 15.2-1627.6.

The findings of any such team may be C disclosed or published in statistical or other aggregated form that does not disclose the identity of specific individuals.

HB271HC2 16 of 159 The executive summaries of the strategic plan, marketing plan, and operational plan shall not be redacted or withheld pursuant to this subdivision.

Information held by the Commonwealth of Virginia Innovation Partnership Authority (the Authority), an advisory committee of the Authority, or any other entity designated by the Authority, relating to (i) internal deliberations of or decisions by the Authority on the pursuit of particular investment strategies prior to the execution of such investment strategies and (ii) trade secrets, as defined in the Uniform Trade Secrets Act (§ 59.1-336 et seq.), provided by a private entity to the Authority, if such disclosure of records pursuant DRAFT OFFERED FOR CONSIDERATION 2/10/2026 to clause (i) or (ii) would have an adverse impact on the financial interest of the Authority or a private entity.

Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or DRAFT OFFERED FOR CONSIDERATION 2/10/2026 expanding its facilities in the community.

For the purpose of this subdivision, (i) "foreign government" means any government other than the United States government or the government of a state or of 159 a political subdivision thereof, (ii) "foreign legal entity" means any legal entity (a) created under the laws of the United States or of any state thereof if a majority of the ownership of the stock of such legal entity is owned by foreign governments or foreign persons or if a majority of the membership of any such entity is composed of foreign persons or foreign legal entities or (b) created under the laws of a foreign government, and (iii) "foreign person" means any individual who is not a citizen or national of the United States or a trust territory or protectorate thereof.

Discussion or consideration by the boards of trustees of the Virginia Museum of Fine Arts, the Virginia Museum of Natural History, the Jamestown-Yorktown Foundation, the Fort Monroe Authority, and DRAFT OFFERED FOR CONSIDERATION 2/10/2026 The Science Museum of Virginia of matters relating to specific gifts, bequests, and grants from private sources.

Discussion, consideration, or review by the appropriate House or Senate committees of possible disciplinary action against a member arising out of the possible inadequacy of the disclosure statement Hiledfiled conductedby inthe amember, closedprovided meeting.hethat the member may request in writing that the committee meeting not be 14.conducted in a closed meeting.

Discussion14. of strategy with respect to the negotiation of a hazardous waste siting agreement or to consider the terms, conditions, and provisions of a hazardous waste siting agreement if the governing body in open meeting finds that an open meeting will have an adverse effect upon the negotiating position of theS governing body or the establishment of the terms, conditions, and provisions of the siting agreement, or both.

Discussion of strategy with respect to the negotiation of a hazardous waste siting agreement or to consider the terms, conditions, and provisions of a hazardous waste siting agreement if the governing body in open meeting finds that an open meeting will have an adverse effect upon the negotiating position of the governing body or the establishment of the terms, conditions, and provisions of the siting agreement, or both.

E 15.

S 16.

U 17.

Deliberations of the Virginia Lottery Board in a licensing appeal action conducted pursuant to Bsubsection andD discussion,of consideration,§ or58.1-4007 review29.5-707 ofregarding Virginiathe Lotterydenial mattersor relatedrevocation toof proprietarya license of a lottery gameSgent;sales agent;

and discussion, consideration, or review of Virginia Lottery matters related to proprietary lottery game information and studies or investigations excluded from disclosure under subdivision 6 of § 2.2-3705.3 and subdivision 11 of § 2.2-3705.7.

T 18.

Those portions of meetings in which the State Board of Local and Regional Jails discusses or discloses the identity of, or information tending to identify, any prisoner who (i) provides information about criTescrimes or criminal activities, (ii) renders assistance in preventing the escape of another prisoner or in the apprehension of an escaped prisoner, or (iii) voluntarily or at the instance of a prison official renders other extraordinary services, the disclosure of which is likely to jeopardize the prisoner's life or safety.

T 19.

Discussion of plans to protect public safety as it relates to terrorist activity or specific cybErsecuritycybersecurity threats or vulnerabilities and briefings by staff members, legal counsel, or law-enforcement or emergency DRAFT OFFERED FOR CONSIDERATION 2/10/2026 service officials concerning actions taken to respond to such matters or a related threat to public safety;

discussion of information subject to the exclusion in subdivision 2 or 14 of § 2.2-3705.2, where discussion in an open meeting would jeopardize the safety of any person or the security of any facility, building, structure, information technology system, or software program;

Discussion by the Board of the Virginia Retirement System, acting pursuant to § 51.1-124.30, or of any local retirement system, acting pursuant to § 51.1-803, or by a local finance board or board of trustees of a trust established by one or more local public bodies to invest funds for postemployment benefits other than pensions, acting pursuant to Article 8 (§ 15.2-1544 et seq.) of Chapter 15 of Title 15.2, or by the board of visitors of the University of Virginia, acting pursuant to § 23.1-2210, or by the Board of the Commonwealth Savers Plan, acting pursuant to § 23.1-706, regarding the acquisition, holding, or disposition of a secuHitysecurity or other ownership interest in an entity, where such security or ownership interest is not traded on a governmentally regulated securities exchange, to the extent that such discussion (i) concerns confidential analyses prepared for the board of visitors of the University of Virginia, prepared by the retirement system, or a local finance board or board of trustees, or the Commonwealth Savers Plan or provided to the retirement system, a local finance board or board of trustees, or the Commonwealth Savers Plan under a promise of C confidentiality, of the future value of such ownership interest or the future financial performance of the entity, and (ii) would have an adverse effect on the value of the investment to be acquired, held, or disposed of by the retirement system, a local finance board or board of trustees, the board of visitors of the University of Virginia, or the Commonwealth Savers Plan.

Those portions of meetings in which individual child death cases are discussed by the State Child HB271HC2 18 of 159 Fatality Review Team established pursuant to § 32.1-283.1, those portions of meetings in which individual child death cases are discussed by a regional or local child fatality review team established pursuant to § 32.1-283.2, those portions of meetings in which individual death cases are discussed by family violence fatality review teams established pursuant to § 32.1-283.3, those portions of meetings in which individual adult death cases are discussed by the state Adult Fatality Review Team established pursuant to § 32.1-283.5, those portions of meetings in which individual adult death cases are discussed by a local or regional adult fatality review team established pursuant to § 32.1-283.6, those portions of meetings in which individual DRAFT OFFERED FOR CONSIDERATION 2/10/2026 death cases are discussed by overdose fatality review teams established pursuant to § 32.1-283.7, those portions of meetings in which individual maternal death cases are discussed by the Maternal Mortality Review Team pursuant to § 32.1-283.8, and those portions of meetings in which individual death cases of persons with developmental disabilities are discussed by the Developmental Disabilities Mortality Review Committee established pursuant to § 37.2-314.1.

Meetings or portions of meetings of the Board of the Commonwealth Savers Plan wherein personal DRAFT OFFERED FOR CONSIDERATION 2/10/2026 information, as defined in § 2.2-3801, which has been provided to the Board or its employees by or on behalf of individuals who have requested information about, applied for, or entered into prepaid tuition contracts or savings trust account agreements pursuant to Chapter 7 (§ 23.1-700 et seq.) of Title 23.1 is discussed.

Discussion or consideration of confidential proprietary information and trade secrets developed and of 159 held by a local public body providing certain telecommunication services or cable television services and subject to the exclusion in subdivision 18 of § 2.2-3705.6.

Service33. Authorities Act (§ 15.2-5431.1 et seq.) of confidential proprietary information and trade secrets subject to the exclusion in subdivision 19 of § 2.2-3705.6.

34.Discussion or consideration by a local authority created in accordance with the Virginia Wireless Service Authorities Act (§ 15.2-5431.1 et seq.) of confidential proprietary information and trade secrets subject to the exclusion in subdivision 19 of § 2.2-3705.6.

DRAFT OFFERED FOR CONSIDERATION 2/10/2026 34.

H37. subdivision 1 of § 2.2-3705.6 related to certain proprietary information gathered by or for the Virginia Port Authority.

ODiscussion 38.or consideration by the Virginia Port Authority of information subject to the exclusion in subdivision 1 of § 2.2-3705.6 related to certain proprietary information gathered by or for the Virginia Port Authority.

Discussion38. or consideration by the Board of Trustees of the Virginia Retirement System acting U pursuant to § 51.1-124.30, by the Investment Advisory Committee appointed pursuant to § 51.1-124.26, by S any local retirement system, acting pursuant to § 51.1-803, by the Board of the Commonwealth Savers Plan acting pursuant to § 23.1-706, or by the Commonwealth Savers Plan's Investment Advisory Committee E appointed pursuant to § 23.1-702 of information subject to the exclusion in subdivision 24 of § 2.2-3705.7.

Discussion or consideration by the Board of Trustees of the Virginia Retirement System acting pursuant to § 51.1-124.30, by the Investment Advisory Committee appointed pursuant to § 51.1-124.26, by any local retirement system, acting pursuant to § 51.1-803, by the Board of the Commonwealth Savers Plan acting pursuant to § 23.1-706, or by the Commonwealth Savers Plan's Investment Advisory Committee appointed pursuant to § 23.1-702 of information subject to the exclusion in subdivision 24 of § 2.2-3705.7.

Discussion or consideration of information subject to the exclusion in subdivision 3 of § 2.2-37S5.62.2-3705.6 related to economic development.

Discussion or consideration by the Board of Education of information relating to the denial, U suspension, or revocation of teacher licenses subject to the exclusion in subdivision 11 of § 2.2-3705.3B2.2-3705.3. executive order for the purpose of studying and making recommendations regarding preventing closure or bS realignment of federal military and national security installations and facilities located in Virginia and relocation of such facilities to Virginia, or a local or regional military affairs organization appointed by a local governing body, during which there is discussion of information subject to the exclusion in subdivision 8 of § 2.2-3705.2.

T41. 42.

Those portions of meetings of the Virginia Military Advisory Council or any commission created by executive order for the purpose of studying and making recommendations regarding preventing closure or realignment of federal military and national security installations and facilities located in Virginia and relocation of such facilities to Virginia, or a local or regional military affairs organization appointed by a local governing body, during which there is discussion of information subject to the exclusion in subdivision 8 of § 2.2-3705.2.

42.

T 43.

Discussion or consideration by the Virginia Tobacco Region Revitalization Commission of EDRAFT OFFERED FOR CONSIDERATION 2/10/2026 information subject to the exclusion in subdivision 23 of § 2.2-3705.6 related to certain information contained in g44.grant applications.

44.

Discussion or consideration by the Board of Directors of the Virginia Alcoholic Beverage ControlHControl applicantsAuthority forof licensesinformation andsubject permitsto andthe ofexclusion licenseesin andsubdivision permittees.f1 of § 2.2-3705.3 related to investigatBonsinvestigations of 47.applicants for licenses and permits and of licensees and permittees.

47.

C 48.

Discussion or consideration of (i) individual sexual assault cases by a sexual assault response team established pursuant to § 15.2-1627.4, (ii) individual child abuse or neglect cases or sex offenses involving a child by a child sexual abuse response team established pursuant to § 15.2-1627.5, (iii) individual cases involving abuse, neglect, or exploitation of adults as defined in § 63.2-1603 pursuant to §§ 15.2-1627.5 and HB271HC2 20 of 159 63.2-1605, or (iv) individual human trafficking cases by any human trafficking response team established pursuant to § 15.2-1627.6.

DRAFT OFFERED FOR CONSIDERATION 2/10/2026 51.

This section shall not be construed to (i) require the disclosure of any contract between the Department of Health Professions and an impaired practitioner entered into pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of Title 54.1 or (ii) require the board of directors of any authority created pursuant to the Industrial DRAFT OFFERED FOR CONSIDERATION 2/10/2026 Development and Revenue Bond Act (§ 15.2-4900 et seq.), or any public body empowered to issue industrial revenue bonds by general or special law, to identify a business or industry to which subdivision A 5 applies.

Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining of 159 position or negotiating strategy of the public body.

Discussion concerning a prospective business or industry or the expansion of an existing business or expandingindustry itswhere facilitiesno inprevious theannouncement community.shas been made of the business' or industry's interest in locating or 6.expanding its facilities in the community.

DRAFT OFFERED FOR CONSIDERATION 2/10/2026 6.

H8. requiring the provision of legal advice by such counsel.

NothingConsultation inwith thislegal subdivisioncounsel shallemployed beor construedretained toersby permit the closure of a meetingpublic merelybody becauseregarding anspecific attorneylegal representingmatters requiring the publicprovision bodyof islegal inadvice attendanceby orsuch iscounsel. consulted on a matter.

UNothing 9.in this subdivision shall be construed to permit the closure of a meeting merely because an attorney representing the public body is in attendance or is consulted on a matter.

Discussion9. or consideration by governing boards of public institutions of higher education of matSers relating to gifts, bequests, and fund-raising fundraising activities, and of grants and contracts for services or work to be performed by such institution.

However,Discussion theor termsconsideration andby conditionsgoverning boards of anypublic suchinstitutions gifts,of bequests,Ehigher grants,education andof contractsmatters maderelating byto agifts, foreignbequests, government,and afund-raising foreignfundraising legalactivities, entity, or a foreign person and accepted by a public institution of highergrants educationand incontracts thefor Commonwealthservices shallor bework subject to publicbe disclosureperformed upSnby writtensuch requestinstitution. to the appropriate board of visitors.

ForHowever, the purposeterms ofand thisconditions subdivision, (i) "foreign government" means any government other than the United States government or the government of a state orU a political subdivision thereof, (ii) "foreign legal entity" means any legalsuch entitygifts, (a)bequests, createdgrants, underand thBcontracts lawsmade of owned by foreigna governments or foreign personsgovernment, or if a majority of the membership of any such entity isSy is composed of foreign persons or foreign legal entitiesentity, or (b) created under the laws of a foreign government,person and (iii)accepted "foreignby person"a meanspublic anyinstitution individualof whohigher iseducation notin athe citizenCommonwealth orshall nationalbe ofsubject theto Unitedpublic Statesdisclosure orupon awritten trustrequest territoryto orthe protectorateappropriate thereof.board of visitors.

IFor 10.the purpose of this subdivision, (i) "foreign government" means any government other than the United States government or the government of a state or a political subdivision thereof, (ii) "foreign legal entity" means any legal entity (a) created under the laws of the United States or of any state thereof if a majority of the ownership of the stock of such legal entity is owned by foreign governments or foreign persons or if a majority of the membership of any such entity is composed of foreign persons or foreign legal entities or (b) created under the laws of a foreign government, and (iii) "foreign person" means any individual who is not a citizen or national of the United States or a trust territory or protectorate thereof.

Discussion10. or consideration by the boards of trustees of the Virginia Museum of Fine Arts, the T Virginia Museum of Natural History, the Jamestown-Yorktown Foundation, the Fort Monroe Authority, and The Science Museum of Virginia of matters relating to specific gifts, bequests, and grants from private U sources.

TDiscussion 11.or consideration by the boards of trustees of the Virginia Museum of Fine Arts, the Virginia Museum of Natural History, the Jamestown-Yorktown Foundation, the Fort Monroe Authority, and The Science Museum of Virginia of matters relating to specific gifts, bequests, and grants from private DRAFT OFFERED FOR CONSIDERATION 2/10/2026 sources.

11.

E 12.

disciplinary13. action against a member arising out of the possible inadequacy of the disclosure statement filed by the member, provided that the member may request in writing that the committee meeting not be conducted in a closed meeting.

Discussion, consideration, or review by the appropriate House or Senate committees of possible disciplinary action against a member arising out of the possible inadequacy of the disclosure statement filed by the member, provided that the member may request in writing that the committee meeting not be conducted in a closed meeting.

H 16.

Discussion or consideration of medical and mental health records subject to the exclusion in Bsubdivision subd17.1 of § 2.2-3705.5.

Deliberations17. of the Virginia Lottery Board in a licensing appeal action conducted pursuant to 7 subsection D of § 58.1-4007 29.5-707 regarding the denial or revocation of a license of a lottery sales agent;

andDeliberations discussion, consideration, or review of the Virginia Lottery mattersBoard relatedin toa proprietarylicensing lotteryappeal gameCaction informationconducted andpursuant studiesto orsubsection investigationsD excludedof from§ disclosure58.1-4007 under29.5-707 subdivisionregarding 6the ofdenial §or 2.2-3705.3revocation andof subdivisiona 11license of §a 2.2-3705.7.lottery sales agent;

and discussion, consideration, or review of Virginia Lottery matters related to proprietary lottery game information and studies or investigations excluded from disclosure under subdivision 6 of § 2.2-3705.3 and subdivision 11 of § 2.2-3705.7.

HB271HC2 22 of 159 19.

DRAFT OFFERED FOR CONSIDERATION 2/10/2026 discussion of information subject to the exclusion in subdivision 2 or 14 of § 2.2-3705.2, where discussion in an open meeting would jeopardize the safety of any person or the security of any facility, building, structure, information technology system, or software program;

Those portions of meetings in which individual child death cases are discussed by the State Child Fatality Review Team established pursuant to § 32.1-283.1, those portions of meetings in which individual child death cases are discussed by a regional or local child fatality review team established pursuant to § 32.1-283.2, those portions of meetings in which individual death cases are discussed by family violence fatality review teams established pursuant to § 32.1-283.3, those portions of meetings in which individual adult death cases are discussed by the state Adult Fatality Review Team established pursuant to § 32.1-283.5, those portions of meetings in which individual adult death cases are discussed by a local or regional adult fatality review team established pursuant to § 32.1-283.6, those portions of meetings in which individual death cases are discussed by overdose fatality review teams established pursuant to § 32.1-283.7, those DRAFT OFFERED FOR CONSIDERATION 2/10/2026 portions of meetings in which individual maternal death cases are discussed by the Maternal Mortality Review Team pursuant to § 32.1-283.8, and those portions of meetings in which individual death cases of persons with developmental disabilities are discussed by the Developmental Disabilities Mortality Review Committee established pursuant to § 37.2-314.1.

of 159 25.

Meetings or portions of meetings of the Board of the Commonwealth Savers Plan wherein personal information, as defined in § 2.2-3801, which has been provided to the Board or its employees by or on behalf DRAFT OFFERED FOR CONSIDERATION 2/10/2026 of individuals who have requested information about, applied for, or entered into prepaid tuition contracts or savi26.savings trust account agreements pursuant to Chapter 7 (§ 23.1-700 et seq.) of Title 23.1 is discussed.

Discussion26. or consideration, by the former Wireless Carrier E-911 Cost Recovery Subcommitteeed.

Discussion or consideration, by the former Wireless Carrier E-911 Cost Recovery Subcommittee created pursuant to former § 56-484.15, of trade secrets submitted by CMRS providers, as defined in § 56-484.12, related to the provision of wireless E-911 service.

Discussion or consideration of information subject to the exclusion in subdivision 11 of § 2.2-3705.6 by a responsible public entity or an affected locality or public entity, as those terms are defined in H§ 33.2-1800, or any independent review panel appointed to review information and advise the responsible public entity concerning such records.

panel appointed to review information and advise the responsible 29.

Discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public bodS.body.

E 31.

Discussion or consideration by the Commitment Review Committee of information subject to the exclusion in subdivision 5 of § 2.2-3705.2 relating to individuals subject to commitment as sexually vioSentviolent predators under Chapter 9 (§ 37.2-900 et seq.) of Title 37.2.

Discussion or consideration of confidential proprietary information and trade secrets developed and held by a local public body providing certain telecommunication services or cable television services anBand subdivisionsubject shall not apply to any authority created pursuant to the BVUexclusion Authorityin Actsubdivision (§18 15.2-7200of et§ seq.).2.2-3705.6.

However, the exemption provided by this subdivision shall not apply to any authority created pursuant to the BVU Authority Act (§ 15.2-7200 et seq.).

I 34.

Discussion or consideration by the State Board of Elections or local electoral boards of voting Tecuritysecurity DRAFT OFFERED FOR CONSIDERATION 2/10/2026 matters made confidential pursuant to § 24.2-410.2 or 24.2-625.1 and review by the State Board of Elections of complaints related to the personal use of campaign funds pursuant to § 24.2-948.7.

U 35.

Discussion or consideration by the Forensic Science Board or the Scientific Advisory Committee T created pursuant to Article 2 (§ 9.1-1109 et seq.) of Chapter 11 of Title 9.1 of criminal investigative Eiles.files.

Board of Education Scholarship Committee of information or confidential matters subject to the exclusion in subdivision A 3 of § 2.2-3705.4, and meetings of the Committee to deliberate concerning the annual maximum scholarship award, review and considerdconsider meetings scholarship applications and requests for scholarship award renewal, and cancel, rescind, or recover scholarship awards.

Discussion or consideration by the Board of Trustees of the Virginia Retirement System acting pursuant to § 51.1-124.30, by the Investment Advisory Committee appointed pursuant to § 51.1-124.26, by any local retirement system, acting pursuant to § 51.1-803, by the Board of the Commonwealth Savers Plan acting pursuant to § 23.1-706, or by the Commonwealth Savers Plan's Investment Advisory Committee appointed pursuant to § 23.1-702 of information subject to the exclusion in subdivision 24 of § 2.2-3705H7.2.2-3705.7.

related39. to economic development.ion of information subject to the exclusion in subdivision 3 of § 2.2-37B5.6 40.

Discussion or consideration by the Board of Education of information relating to the denial, 7 suspension, or revocation of teacher licenses subject to the exclusion in subdivision 113 of § 2.2-3705.3.2.2-3705.6 related to economic development.

40.

Discussion or consideration by the Board of Education of information relating to the denial, suspension, or revocation of teacher licenses subject to the exclusion in subdivision 11 of § 2.2-3705.3.

Those portions of meetings of the Virginia Military Advisory Council or any commission created by executive order for the purpose of studying and making recommendations regarding preventing closure or 2 realignment of federal military and national security installations and facilities located in Virginia and relocation of such facilities to Virginia, or a local or regional military affairs organization appointed by a local governing body, during which there is discussion of information subject to the exclusion in subdivision 8 of § 2.2-3705.2.

Discussion or consideration by the Board of Trustees of the Veterans Services Foundation of information subject to the exclusion in subdivision 28 of § 2.2-3705.7 related to personally identifiable HB271HC2 24 of 159 information of donors.

Discussion or consideration by the Virginia Tobacco Region Revitalization Commission of DRAFT OFFERED FOR CONSIDERATION 2/10/2026 information subject to the exclusion in subdivision 23 of § 2.2-3705.6 related to certain information contained in grant applications.

DRAFT OFFERED FOR CONSIDERATION 2/10/2026 51.

This section shall not be construed to (i) require the disclosure of any contract between the Department of 159 of Health Professions and an impaired practitioner entered into pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of Title 54.1 or (ii) require the board of directors of any authority created pursuant to the Industrial DRAFT OFFERED FOR CONSIDERATION 2/10/2026 Development and Revenue Bond Act (§ 15.2-4900 et seq.), or any public body empowered to issue industrial However,revenue suchbonds businessby general or industryspecial shalllaw, beto identifiedidentify as a matterbusiness ofor publicindustry record at least 30 days prior to thewhich actualsubdivision dateA of5 theapplies. board's authorization of the sale or issuance of such bonds.

However, such business or industry shall be identified as a matter of public record at least 30 days prior to the actual date of the board's authorization of the sale or issuance of such bonds.

Contained in the Virginia Juvenile Justice Information System as defined in §§ 16.1-222 through H16.1-225; 16.15.

Maintained5. by agencies concerning persons required by law to be licensed in the Commonwealth to engage in the practice of any profession, in which case the names and addresses of persons applying for or possessing the license may be disseminated upon written request to a person engaged in the profession orU business of offering professional educational materials or courses for the sole purpose of providing theS licensees or applicants for licenses with informational materials relating solely to available professional educational materials or courses, provided the disseminating agency is reasonably assured that the use of the information will be so limited;

Maintained by agencies concerning persons required by law to be licensed in the Commonwealth to engage in the practice of any profession, in which case the names and addresses of persons applying for or possessing the license may be disseminated upon written request to a person engaged in the profession or business of offering professional educational materials or courses for the sole purpose of providing the licensees or applicants for licenses with informational materials relating solely to available professional educational materials or courses, provided the disseminating agency is reasonably assured that the use of the information will be so limited;

Maintained by the Parole Board, the Crime Commission, the Judicial Inquiry and Review Commission,SCommission, the Virginia Gaming Commission, the Virginia Racing Commission, the Virginia Criminal Sentencing Commission, and the Virginia Alcoholic Beverage Control Authority;

U 7.

Maintained by any of the following and that deal with investigations and intelligence gathering rBlatedrelated to ca.criminal activity:

a.

S b.

T d.

IDRAFT OFFERED FOR CONSIDERATION 2/10/2026 e.

Campus police departments of public institutions of higher education as established by Article 3 T (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1;

U 8.

Maintained by local departments of social services regarding alleged cases of child abuse or neglTctneglect while such cases are also subject to an ongoing criminal prosecution;

E 9.

Maintained by the Virginia Tourism Authority in connection with or as a result of the promotion of travel or tourism in the Commonwealth, in which case names and addresses of persons requesting information on those subjects may be disseminated upon written request to a person engaged in the business of providing travel services or distributing travel information, provided the Virginia Tourism Authority is reasonably assured that the use of the information will be so limited;

Maintained by (i) the Office of the State Inspector General or internal audit departments of staHestate agencies or institutions that deal with communications and investigations relating to the Fraud, Waste aBdand schoolAbuse boardHotline thator deals(ii) withan localauditor investigationsappointed required by §the 15.2-2511.2;ylocal governing body of any county, city, or town or a7a 14.school board that deals with local investigations required by § 15.2-2511.2;

14.

C 15.

Maintained by the Department of Social Services related to child welfare or public assistance 2 programs when requests for personal information are made to the Department of Social Services.

Maintained by the Department for Aging and Rehabilitative Services related to adult services, adult HB271HC2DRAFT 26OFFERED ofFOR 159CONSIDERATION 2/10/2026 protective services, or auxiliary grants when requests for personal information are made to the Department for Aging and Rehabilitative Services.

The Commissioner of Agriculture and Consumer Services in adopting regulations pursuant to DRAFT OFFERED FOR CONSIDERATION 2/10/2026 subsection B of § 3.2-6002 and in adopting regulations pursuant to § 3.2-6023.

The Virginia Department of Criminal Justice Services when developing, issuing, or revising any training standards established by the Criminal Justice Services Board under § 9.1-102, provided such actions DRAFT OFFERED FOR CONSIDERATION 2/10/2026 are authorized by the Governor in the interest of public safety.

of 159 B.

3.

The location, design, specifications, or construction of public buildings or other facilities.

Grants of state or federal funds or property.tructionproperty. of public buildings or other facilities.

Instructions for application or renewal of a license, certificate, or registration required by lHw.law.

13.

Content of, or rules for the conduct of, any examination required by law.

S 16.

Any operating procedures for review of child deaths developed by the State Child Fatality Review Team pursuant to § 32.1-283.1, any operating procedures for review of adult deaths developed by the AdulSAdult Fatality Review Team pursuant to § 32.1-283.5, any operating procedures for review of adult deaths developed by the Maternal Mortality Review Team pursuant to § 32.1-283.8, and any operating procedures U for review of the deaths of persons with a developmental disability developed by the Developmental BDisabilities Disa18.Mortality Review Committee pursuant to § 37.2-314.1.

The18. regulations for the implementation of the Health Practitioners' Monitoring Program and the S activities of the Health Practitioners' Monitoring Program Committee pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of Title 54.1.

TThe 19.regulations for the implementation of the Health Practitioners' Monitoring Program and the DRAFT OFFERED FOR CONSIDERATION 2/10/2026 activities of the Health Practitioners' Monitoring Program Committee pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of Title 54.1.

The19. process of reviewing and ranking grant applications submitted to the Commonwealth I Neurotrauma Initiative Advisory Board pursuant to Article 12 (§ 51.5-178 et seq.) of Chapter 14 of TitleT 51.5.

The process of reviewing and ranking grant applications submitted to the Commonwealth Neurotrauma Initiative Advisory Board pursuant to Article 12 (§ 51.5-178 et seq.) of Chapter 14 of Title 51.5.

Loans from the Small Business Environmental Compliance Assistance Fund pursuant to Article 4 U (§ 10.1-1197.1 et seq.) of Chapter 11.1 of Title 10.1.

T 21.

E 22.

Commission24. for the approval and conduct of game variations for the conduct of raffles, bingo, network bingo, and instant bingo games, provided that such rules are (i) consistent with Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 2 (§ 29.5-200 et seq.) of Title 18.2 29.5 and (ii) published and posted.

Any rules adopted by the Department of Agriculture and Consumer Services Virginia Gaming Commission for the approval and conduct of game variations for the conduct of raffles, bingo, network bingo, and instant bingo games, provided that such rules are (i) consistent with Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 2 (§ 29.5-200 et seq.) of Title 18.2 29.5 and (ii) published and posted.

Contracts for certain essential election materials and services are exempted from the requirements of Articles 1 (§ 2.2-4300 et seq.), 2 (§ 2.2-4303 et seq.), and 5 (§ 2.2-4357 et seq.) of this chapter pursHantpursuant to § 24.2-602.

BB. contracts providing that caps and gowns, photographs, class rings, yearbooks, and graduation announcements will be available for purchase or rental by students, parents, faculty, or other persons using nonpublic money through the use of competitive negotiation as provided in this chapter;

Any local school board may authorize any of its public schools or its school division to enter into contracts providing that caps and gowns, photographs, class rings, yearbooks, and graduation announcements will be available for purchase or rental by students, parents, faculty, or other persons using nonpublic money through the use of competitive negotiation as provided in this chapter;

DRAFT OFFERED FOR CONSIDERATION 2/10/2026 § 3.2-102.

The Commissioner shall be vested with the powers and duties set out in § 2.2-601, the powers and HB271HC2 28 of 159 duties herein provided, and such other powers and duties as may be prescribed by law, including those prescribed in Title 59.1.

The website shall present such current information as the availability of Virginia farm products, including the types and amount of products, and the DRAFT OFFERED FOR CONSIDERATION 2/10/2026 names of and contact information for farmers, farm organizations, and businesses marketing such products;

The provisions of the Virginia Public Procurement Act (§ 2.2-4300 et DRAFT OFFERED FOR CONSIDERATION 2/10/2026 seq.) shall not apply to the establishment of such corporation nor to the exercise of any of its powers granted under this section;

and of 159 4.

and ownership5. of agricultural land required under § 55.1-509.the annual report relating to foreign adversary § 3.2-6201.

Ensure that the Department compiles and publishes the annual report relating to foreign adversary ownership of agricultural land required under § 55.1-509.

§ 3.2-6201.

"Alcohol vaporizing device" means any device, machine, or process that mixes any alcoholic beveragesHbeverages with"Alcoholicwith beverages"pure includesoxygen alcohol, spirits, wine, and beer, and any one or moreother ofgas suchto varietiesproduce containinga one-halfvaporized ofproduct onefor percentthe orpurpose more of alcoholconsumption by volume,inhalation. including mixed alcoholic beverages, and every liquid or solid, powder or crystal, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed by a human being.

Any"Alcoholic liquidbeverages" includes alcohol, spirits, wine, and beer, and any one or solidmore of such varieties containing moreone-half thanof one percent or more of thealcohol fourby varietiesvolume, sSallincluding bemixed consideredalcoholic asbeverages, belongingand toevery thatliquid varietyor whichsolid, haspowder theor highercrystal, percentagepatented ofor alcohol,not, howevercontaining obtained,alcohol, accordingspirits, towine, theor orderbeer inand whichcapable theyof arebeing setconsumed forthby ina thishuman definition;being.

exceptAny thatliquid beeror maysolid be manufactured to include flavoring materials and other nonbeverage ingredients containing alcohol, as long as no more than 49one percent of the overallfour alcoholvarieties contentshall ofbe theconsidered finishedas productbelonging isto derivedthat fromvariety thewhich additionhas ofthe flavorshigher aSdpercentage otherof nonbeveragealcohol, ingredientshowever containingobtained, alcoholaccording forto productsthe withorder anin alcoholwhich contentthey ofare noset moreforth thanin sixthis percentdefinition; by volume;

or,except inthat thebeer casemay ofbe productsmanufactured withto aninclude alcoholflavoring contentmaterials ofand moreother thannonbeverage sixingredients percentcontaining byalcohol, volume, as long as no more than one49 and one-half percent of the volumeoverall alcohol content of the finished product consistsis of alcohol derived Bromfrom adde"Artsthe venue"addition meansof aflavors commercialand orother nonprofitnonbeverage establishmentingredients thatcontaining isalcohol openfor toproducts thewith publican andalcohol incontent whichof Sno worksmore ofthan artsix arepercent soldby orvolume; displayed.

or, in the case of products with an alcohol content of more than six percent by volume, as long as no more than one and one-half percent of the volume of the finished product consists of alcohol derived from added flavors and other nonbeverage ingredients containing alcohol.

DRAFT OFFERED FOR CONSIDERATION 2/10/2026 "Arts venue" means a commercial or nonprofit establishment that is open to the public and in which works of art are sold or displayed.

I "Bed and breakfast establishment" means any establishment (i) having no more than 15 bedrooms;

(ii) T offering to the public, for compensation, transitory lodging or sleeping accommodations;

and (iii) offering at least one meal per day, which may but need not be breakfast, to each person to whom overnight lodging isUis provided.

For purposes of the licensing requirements of this subtitle, "bed and breakfast establishment"Testablishment" includes any property offered to the public for short-term rental, as that term is defined in § 15.2-983E15.2-983, other than a hotel as defined in this section, regardless of whether a meal is offered to each person to whom overnight lodging is provided.

"Beer" means any alcoholic beverage obtained by the fermentation of an infusion or decoction of barley, malt, and hops or of any similar products in drinkable water and containing one-half of one percent or more of alcohol by volume.

"Bus" means a motor vehicle that (i) is operated by a common carrier licensed under Chapter 20 (§ 46.2-2000 et seq.) of Title 46.2 to transport passengers for compensation over the highways of the Commonwealth on regular or irregular routes of not less than 100 miles, (ii) seats no more than 24 passengers, (iii) is 40 feet in length or longer, (iv) offers wireless Internet internet services, (v) is equipped with charging stations at every seat for cellular phones or other portable devices, and (vi) during the transportation of passengers, is staffed by an attendant who has satisfied all training requirements setHforthset forth in this subtitle or Board regulation.

B"Club" means any private nonprofit corporation or association which is the owner, lessee, or occupant of an establishment operated solely for a national, social, patriotic, political, athletic, or other like purpose, but not for pecuniary gain, the advantages of which belong to all of the members.

A corporation or association shall not lose its status as a club because of the conduct of C charitable gaming conducted pursuant to Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 2 (§ 29.5-200 et seq.) of Title 18.2 29.5 in which nonmembers participate frequently or in large numbers, provided that no alcoholic beverages are served or consumed in the room where such charitable gaming is being conducted while such gaming is being conducted and that no alcoholic beverages are made available upon the premises DRAFT OFFERED FOR CONSIDERATION 2/10/2026 to any person who is neither a member nor a bona fide guest of a member.

Any such corporation or association which has been declared exempt from federal and state income taxes as one which is not organized and operated for pecuniary gain or profit shall be deemed a nonprofit HB271HC2 30 of 159 corporation or association.

and (iv) offering to the DRAFT OFFERED FOR CONSIDERATION 2/10/2026 public, for compensation, at least one meal per day, lodging, and recreational and educational activities related to farming, livestock, and other rural activities.

"Gift shop" means any bona fide retail store selling, predominantly, gifts, books, souvenirs, specialty items relating to history, original and handmade arts and products, collectibles, crafts, and floral DRAFT OFFERED FOR CONSIDERATION 2/10/2026 arrangements, which is open to the public on a regular basis.

of 159 "Gourmet brewing shop" means an establishment which sells to persons to whom wine or beer may lawfully be sold, ingredients for making wine or brewing beer, including packaging, and rents to such persons facilities for manufacturing, fermenting, and bottling such wine or beer.

"Gourmet oyster house" means an establishment that (i) is located on the premises of a commercial marina, (ii) is permitted by the Department of Health to serve oysters and other fresh seafood forialfor consumption on the premises, and (iii) offers to the public events for the purpose of featuring and educating the consuming public about local oysters and other seafood products.

"Historic cinema house" means a nonprofit establishment exempt from taxation under § 501(c)(3) of thHthe picturesInternal toRevenue theCode public.hatthat was built prior to 1970 and that exists for the primary purpose of showing motion "Hotel"pictures means any duly licensed establishment, provided with special space and accommodation, where,O in consideration of payment, food and lodging are habitually furnished to persons,the andpublic. which has four orU more bedrooms.

"Hotel" means any duly licensed establishment, provided with special space and accommodation, where, in consideration of payment, food and lodging are habitually furnished to persons, and which has four or more bedrooms.

S "Interdicted person" means a person to whom the sale of alcoholic beverages is prohibited by order pursuant to this subtitle.

E "Internet wine and beer retailer" means a person who owns or operates an establishment with adequate inventory, shelving, and storage facilities, where, in consideration of payment, Internet internet or teSephonetelephone DRAFT OFFERED FOR CONSIDERATION 2/10/2026 orders are taken and shipped directly to consumers and which establishment is not a retail store open to the public.

U "Intoxicated" means a condition in which a person has drunk enough alcoholic beverages to observablyBobservably affe"Licensed"affect meanshis themanner, holdingdisposition, ofspeech, amuscular validmovement, licensegeneral grantedappearance, by the Authority., or behavior.

S"Licensed" "Licensee" means anythe personholding toof whom a licensevalid haslicense been granted by the Authority.

"Liqueur""Licensee" means any ofperson ato classwhom ofa highlylicense flavoredhas alcoholicbeen beveragesgranted that do not exceed an alcohol T content of 25 percent by volume.the Authority.

I"Liqueur" "Lowmeans alcoholany beverageof cooler" means a drinkclass containing one-half of onehighly percentflavored oralcoholic morebeverages ofthat alcoholdo byT volume, but not moreexceed thanan seven and one-half percent alcohol bycontent volume, and consisting of spirits25 mixedpercent withby nonalcoholicvolume. beverages or flavoring or coloring materials;

it"Low mayalcohol alsobeverage containcooler" water,means fruita juices,drink fruitcontaining adjuncts,one-half sugar,of carbonone dioxide,percent preservatives, or othermore similarof productsalcohol manufacturedby volume, but not more than seven and one-half percent alcohol by fermentingvolume, fruTtand consisting of spirits mixed with nonalcoholic beverages or fruitflavoring juices.or coloring materials;

Lowit alcoholmay beveragealso coolerscontain shallwater, befruit treatedjuices, asfruit wineadjuncts, forsugar, allcarbon purposesdioxide, ofpreservatives, thisor subtitle,other eEceptsimilar thatproducts low alcohol beverage coolers may be manufactured by afermenting licensedfruit distiller or afruit distillerjuices. located outside the Commonwealth.

theLow owneralcohol ofbeverage suchcoolers marina,shall andbe sellstreated food and nautical and fishing supplies.ses as awine marina,for isall operatedpurposes byof "Meals"this means,subtitle, forexcept athat mixedlow alcohol beverage license,coolers anmay assortmentbe ofmanufactured foodsby commonlya orderedlicensed indistiller bonaor fide,a full-servicedistiller restaurantslocated asoutside principal meals of the day.Commonwealth.

"Marina store" means an establishment that is located on the same premises as a marina, is operated by the owner of such marina, and sells food and nautical and fishing supplies.

"Meals" means, for a mixed beverage license, an assortment of foods commonly ordered in bona fide, full-service restaurants as principal meals of the day.

It shall also mean a lifetime member whose financial contribution is not less than 10 times the annual dues of residenHresident members of the club, the full amount of such contribution being paid in advance in a lump sum.

B"Mixed "Mixer"beverage" means any prepackaged ingredients containing beverages or flavoring"mixed oralcoholic coloringbeverage" materials,means anda whichdrink maycomposed alsoin containwhole water, fruit juices, fruit adjuncts, sugar, carbon dioxide, or preservativesin whichpart areof notspirits. commonly consumed unless combined with alcoholic beverages, whether or not such ingredients contain C alcohol.

Such"Mixer" specialtymeans beverageany productprepackaged shallingredients becontaining manufacturedbeverages or distributedflavoring byor acoloring Virginiamaterials, corporation.2and "MunicipalDRAFT golfOFFERED course"FOR meansCONSIDERATION any2/10/2026 golfwhich coursemay thatalso iscontain ownedwater, byfruit anyjuices, townfruit incorporatedadjuncts, insugar, 1849carbon anddioxide, or preservatives which isare thenot countycommonly seatconsumed ofunless Smythcombined County.with alcoholic beverages, whether or not such ingredients contain alcohol.

Such specialty beverage product shall be manufactured or distributed by a Virginia corporation.

"Municipal golf course" means any golf course that is owned by any town incorporated in 1849 and which is the county seat of Smyth County.

HB271HC2 32 of 159 "Place or premises" means the real estate, together with any buildings or other improvements thereon, designated in the application for a license as the place at which the manufacture, bottling, distribution, use, or sale of alcoholic beverages shall be performed, except that portion of any such building or other improvement actually and exclusively used as a private residence.

(iii) offices, office buildings, or industrial facilities while closed to the public and in use for private meetings or parties limited in attendance to employees and nonpaying guests of the owner or a lessee of all or part of such DRAFT OFFERED FOR CONSIDERATION 2/10/2026 building or facility;

DRAFT OFFERED FOR CONSIDERATION 2/10/2026 "Sangria" means a drink consisting of red or white wine mixed with some combination of sweeteners, fruit, fruit juice, soda, or soda water that may also be mixed with brandy, triple sec, or other similar spirits.

"Sports facility" means a coliseum, stadium, racetrack, or similar facility at which professional sports, as defined in § 58.1-4030 29.5-400, or similar events, the types of which are approved by the Authority, are of 159 conducted.

"Wine" means any alcoholic beverage, including cider, obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing (i) sugar, including honey and milk, either with or distillation.without additional sugar;

"Wine"(ii) includesone-half anyof wineone topercent whichor winemore spirits have been added, as provided in the Internal of Revenue Code, to make products commonly known as "fortified wine" which do not exceed an alcohol content of 21 percent by volume.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 Hrequired retailby licensee.1-206.3,§ 4.1-206.3, or the monthly food sale requirement established by Board regulation, is met by such §retail 4.1-206.3.licensee.

§ 4.1-206.3.

ODRAFT OFFERED FOR CONSIDERATION 2/10/2026 A.

U 1.

Mixed beverage restaurant licenses, which shall authorize the licensee to sell and serve mixed S beverages for on-premises consumption in dining areas and other designated areas of such restaurant or off-premises consumption.

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

For the purposes of this subdivision, other designated areas shall include outdoor dining areas, whether or not contiguous to the licensed premises,Upremises, which outdoor dining areas may have more than one means of ingress and egress to an adjacent public Bthoroughfare, noncontiguousprovided designatedsuch areas shallare notunder bethe approvedcontrol forof anythe retaillicensee licenseand issuedapproved pursuantby tothe subdivisionBoard. A 5 of § 4.1-201.

IfSuch thenoncontiguous restaurant is located on the premises of a hotel or motel with no fewer than four permanent T bedrooms where food and beverage service is customarily provided by the restaurant in designated areas,areas Ishall bedrooms,not andbe otherapproved private rooms of such hotel or motel, such licensee may (a) sell and serve mixed T beverages for on-premisesany consumptionretail inlicense suchissued designatedpursuant 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 registeredsubdivision guestsA and5 at scheduled functions of such§ hotel4.1-201. or motel only Tn such bedrooms or private rooms.

However,If withthe regardrestaurant tois located on the premises of a hotel classifiedor asmotel awith resortno complex,fewer thethan BoarEfour maypermanent authorizebedrooms where food and beverage service is customarily provided by the salerestaurant in designated areas, bedrooms, and on-premisesother consumptionprivate rooms of alcoholicsuch hotel or motel, such licensee may (a) sell and serve mixed beverages for on-premises consumption in allsuch areasdesignated withinareas, thebedrooms, resortand complexother deemedprivate appropriaterooms byor off- premises consumption and (b) sell spirits packaged in original closed containers purchased from the Board.Board for on-premises consumption to registered guests and at scheduled functions of such hotel or motel only in such bedrooms or private rooms.

NothingHowever, hereinwith shallregard prohibitto anya personhotel fromclassified keepingas anda consIfresort thecomplex, restaurant is located on the premisesBoard ofmay 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 licenseessale to (1) sell and serve mixed beverages for on-premises or off-premises consumption andof (2)alcoholic sellbeverages spirits that are packaged in originalall closedareas containerswithin withthe aresort maximumcomplex capacitydeemed ofappropriate twoby fluid ounces or 50 milliliters and purchased from the BoardBoard. for on-premises consumption.

WhereNothing suchherein clubshall preparesprohibit noany foodperson in its restaurant but purchases its food requirements from akeeping restaurant licensed by the Board and locatedconsuming onhis anotherown portionlawfully ofacquired thespirits premisesin ofbedrooms the same hotel or motelprivate building,rooms. this fact shall not prohibit the granting of a license by the Board to such club qualifying in all other respects.

TheIf club's gross receipts from the salerestaurant ofis nonalcoholiclocated beverages consumed on the premises andof food resold to its members and guestsoperated andby consumeda Hprivate, onnonprofit, theor premisesprofit shallclub amountexclusively tofor at least 45 percent of its grossmembers receiptsand fromtheir theguests, saleor ofmembers mixed beveragBs and qualifications of suchanother restaurantprivate, fornonprofit, aor licenseprofit fromclub the Board.be excluded in anyanother considerationcity ofwith thewhich 7it Ifhas thean restaurantagreement isfor locatedreciprocal ondining theprivileges, premisessuch oflicense andshall operatedalso byauthorize athe municipallicensees golfto course,(1) thesell Boardand shallserve recognizemixed thebeverages seasonalfor natureon-premises ofor theoff-premises businessconsumption and waive(2) anysell applicablespirits monthlythat foodare salespackaged requirementsin fororiginal thoseclosed monthscontainers whenwith weathera conditionsmaximum maycapacity reduce patronage of thetwo golffluid course,ounces providedor that50 preparedmilliliters food,and includingpurchased meals,from isthe availableBoard tofor patronson-premises duringconsumption. the same months.

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 DRAFT OFFERED FOR CONSIDERATION 2/10/2026 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 and operated by a municipal golf course, the Board shall recognize the seasonal nature of the business and waive any applicable monthly food sales requirements for those months when weather conditions may reduce patronage of the golf course, provided that prepared food, including meals, is available to patrons during the same months.

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, without regard to the amount of gross receipts from the HB271HC2 34 of 159 sale of food prepared and consumed on the premises, for off-premises consumption or for on-premises consumption in areas upon the licensed premises approved by the Board and other designated areas of the resort, including 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 in bedrooms and private guest rooms.

DRAFT OFFERED FOR CONSIDERATION 2/10/2026 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;

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 DRAFT OFFERED FOR CONSIDERATION 2/10/2026 any such licensed express carrier and (b) maintain records of all alcoholic beverages to be transported, stored, and delivered by its authorized representative.

Upon authorization of the licensee, any person may keep and consume his own lawfully of 159 acquired alcoholic beverages on the premises in all areas and locations covered by the license.

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

licensee shall be required to pay the local fee required for such additional license pursuant to 6.

HDRAFT onOFFERED theFOR datesCONSIDERATION of2/10/2026 performances7. 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,O 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-premisesS 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;

Combined mixed beverage restaurant and caterer's licenses, which may be granted to any restaurantSorrestaurant 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 businBssbusiness premises designated in the license, with a common alcoholic beverage inventory for purposes of the restaurant and catering operations.

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 I containers for off-premises consumption;

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

Bed 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 T provided, with or without meals, for on-premises consumption only in such rooms and areas, and without E 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 of the bed and breakfast establishment.

Museum licenses, which may be issued to nonprofit museums exempt from taxation under § 501(c)(3) DRAFT OFFERED FOR CONSIDERATION 2/10/2026 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 bona fide member and guests thereof.

The privilegesHofprivileges this11.of this license shall be limited to the premises of the museum, regularly occupied and utilized as such.

Commercial11. 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 theC commercial lifestyle center designated by the Board, including (i) plazas, seating areas, concourses, 2 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 such tenant, but excluding any parking areas.

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 such tenant, but excluding any parking areas.

Alcoholic beverages shall not be sold or charged for in any way by the HB271HC2 36 of 159 commercial lifestyle center licensee.

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 DRAFT OFFERED FOR CONSIDERATION 2/10/2026 approved by the Board.

Notwithstanding any law or regulation to the contrary, a mixed beverage casino licensee may exercise the privileges of its license as set forth in this subdivision during all hours of operation of the casino DRAFT OFFERED FOR CONSIDERATION 2/10/2026 gaming establishment;

However, with regard to a hotel classified by the Board as (a) a resort complex, the Board may authorize the sale and consumption of alcoholic beverages in all areas within the resort complex deemed appropriate by the Board or (b) a limited service hotel, the Board may authorize the sale and consumption of alcoholic beverages in of 159 dining areas, private guest rooms, and other designated areas to persons to whom overnight lodging is being provided, for on-premises consumption in such rooms or areas, and without regard to the amount of gross receipts from the sale of food prepared and consumed on the premises, provided that at least one meal is 49provided (§each 38.2-4900day et seq.) of Title 38.2 as continuing care communities that are also licensed by the Boardapterhotel underto thissuch subdivision,guests. 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.

With regard to facilities registered in accordance with Chapter 49 (§ 38.2-4900 et seq.) of Title 38.2 as continuing care communities that are also licensed by the Board under this subdivision, any resident may, upon authorization of the licensee, keep and consume his own lawfully acquired alcoholic beverages on the premises in all areas covered by the license.

DRAFT OFFERED FOR CONSIDERATION 2/10/2026 2.

H3. consumption or in closed containers for off-premises consumption.

Rural grocery stores, which shall authorize the licensee to sell wine and beer for on-premises consumption or in closed containers for off-premises consumption.

S 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, E 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 cansSforcans for on- premises consumption.

Such licenses may be granted to persons operating food concessions at coliseums, stadiums, racetracks, or simBlarsimilar faci5.facilities.

5.

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

U 6.

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

SuchUpon licensesauthorization mayof bethe grantedlicensee, toany personsperson operatingmay foodkeep concessionsand atconsume exhibitionhis orown expositionlawfully halls,acquired conventionalcoholic centers,beverages oron similarthe facilitiespremises located in anyall countyareas operatingand underlocations thecovered urban county executive form of government or any city that is completely surrounded by suchthe county.license.

Such DRAFT OFFERED FOR CONSIDERATION 2/10/2026 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 urban county executive form of government or any city that is completely surrounded by such county.

Persons licensed pursuant to this subdivision shalHshall serve food, prepared on or off premises, whenever wine or beer is served.

Such licenses may be granted tBto 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.uralSchool. Bridge School Road in 7 8.

8.

The privileges of this2this license shall be limited to the premises of the historic cinema house regularly occupied and utilized as such.

The privileges of this license shall be limited to the premises of the HB271HC2 38 of 159 museum, regularly occupied and utilized as such.

however, no single sample shall exceed four ounces of beer or two ounces of wine and no more DRAFT OFFERED FOR CONSIDERATION 2/10/2026 than 12 ounces of beer or five ounces of wine shall be served to any person per day.

DRAFT OFFERED FOR CONSIDERATION 2/10/2026 A separate license shall be required for each day of each special event.

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 of 159 beverages on the premises of the licensee by any person, and bona fide members and guests thereof, otherwise eligible for a banquet license.

However, lawfully acquired alcoholic beverages shall not be purchased or sold by the licensee or sold or charged for in any way by the person permitted to use the both,premises. regularly occupied as such and recognized by the governing body of the county, city, or town in which it is located.

UnderSuch conditions as specified by Board regulation, such premises mayshall be other than a volunteer fire or volunteer emergency medical services agency station,station providedor suchboth, otherregularly premisesoccupied areas occupiedsuch and underrecognized by the controlgoverning body of the volunteercounty, firecity, department or volunteertown emergencyin medicalwhich servicesit agencyis whilelocated. the privileges of its license are being exercised.

Under conditions as specified by Board regulation, such premises may be other than a volunteer DRAFT OFFERED FOR CONSIDERATION 2/10/2026 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 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 businessHsbusinesses designatednot arealicensed for the designated outdoor refreshment area, the Board shall consult with the locality.e Designated outdoor refreshment area licensees shall be limited to 16sell eventsalcoholic perbeverages year,at andretail, theupon durationapproval of anysuch eventbusinesses. shall not exceed three consecutive days.

However,In determining the Boarddesignated mayarea increasefor the frequencydesignated andoutdoor durationrefreshment ofarea, eventsthe afterBoard adoptionshall ofconsult anwith ordinancethe bylocality. a locality requesting such increase in frequency and duratioS.

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

However, the Board may increase the frequency and duration of events after adoption of an ordinance by a locality 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 effectiveSyeffectively reduces allowable restaurant seating capacity;

OnlBOnly 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 similarasimilar 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 way by theTthe designated outdoor refreshment area licensee.

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

The designated outdoor refreshment area licensee shall provide adequate security for the event to ensure compliance with the applicable provisions of this subtitle and Board DRAFT OFFERED FOR CONSIDERATION 2/10/2026 regulations.

T d.

Annual mixed beverage banquet licenses to duly organized private nonprofit fraternal, patriotic, Eror 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.

H f.

Annual arts venue event licenses, to persons operating an arts venue, which shall authorize the lBcenseelicensee 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, alcoholic beverages shall notthenot 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.

however, the licensee shall not give more than two five-ounce glasses of wine or two 12-ounce glasses of beer to any customer per day, nor shall it sell or otherwise charge a fee to such customer HB271HC2 40 of 159 for the wine or beer served or consumed.

In order to be eligible for and retain a marketplace license, the applicant's business enterprise must (i) provide a single category of goods or services in a manner intended to DRAFT OFFERED FOR CONSIDERATION 2/10/2026 create a personalized experience for the customer;

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 DRAFT OFFERED FOR CONSIDERATION 2/10/2026 located in the Commonwealth, in accordance with Board regulations, to solicit and receive orders for wine or beer through the use of the Internet internet from persons in the Commonwealth to whom wine or beer may be lawfully sold, on behalf of holders of wine and beer shipper's licenses.

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 ofDRAFT 159OFFERED FOR CONSIDERATION 2/10/2026 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 butpurchased purchases its food requirements from a restaurant licensed by the Board andfor locatedon-premises onconsumption. 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.

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

O 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 thSthe 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 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 in bedrooms and private guestSguest rooms.

If the restaurant is located on the premises of a mixed beverage casino licensee owned by an operator licensed under Article Chapter 3 (§ 58.1-4108 29.5-300 et seq.) of Chapter 41 of Title 58.1 29.5, such mBxedmixed 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 DRAFT OFFERED FOR CONSIDERATION 2/10/2026 casino licensee.

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

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

however, the licensee shall be required to pay the local fee required for such additional license purs2.pursuant to § 4.1-233.1.

2.

The annual gross receipts from the sale of food cooked and preparHdprepared for service and nonalcoholic beverages served at gatherings and events referred to in this subdivision sBallshall amou4.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 by train, boat, bus, or airplane, which shall authorize the licensee to sell and serve mixed beverages anywhere in the H Commonwealth to passengers while in transit aboard any such common carrier, and in designated rooms of C 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 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 HB271HC2designated 42rooms of 159establishments transportof air carriers at airports in the Commonwealth and store(ii) alcoholicfinancial beveragesinstitutions, atsubsidiaries orof ina closefinancial proximityinstitution, toor 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 DRAFT OFFERED FOR CONSIDERATION 2/10/2026 air carrier andpassengers anythat suchis licensedlocated expresswithin carrier.an airport in the Commonwealth.

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

DRAFT OFFERED FOR CONSIDERATION 2/10/2026 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.

Bed 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 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 bed and breakfast DRAFT OFFERED FOR CONSIDERATION 2/10/2026 establishment.

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 of 159 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 bona fide member and guests thereof.

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 such tenant, but excluding any parkiHgparking 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 licensee shall post appropriate signage clearly demarcating foSfor the public the boundaries of the licensed premises;

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

(ii) that is located on property owned by the United States government or an agency thereof and used as a port of entByentry andDRAFT consumedOFFERED onFOR theCONSIDERATION premises2/10/2026 and nonalcoholic beverages served on the premises, after issuance of suchreSared, license, amount to ator leastegress 45 percent of the gross receipts from the saleUnited ofStates; mixed beverages and food.

Forand the(iii) purposeswhose ofgross thisreceipts subdivision,from otherthe designatedsale areasof shallfood includecooked, outdoor dining areas, whether or notprepared, Tand contiguousconsumed toon the licensedpremises premises,and whichnonalcoholic outdoorbeverages diningserved areason maythe havepremises, moreafter thanissuance one means of ingresssuch Ilicense, andamount egress to anat adjacentleast public45 thoroughfare,percent providedof suchthe areasgross arereceipts underfrom the controlsale of themixed licenseeTandbeverages approvedand byfood. the Board.

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 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-premisesTon-premises consumption or in closed containers for off-premises consumption;

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

Annual mixed beverage special events licenses to (i) a duly organized nonprofit corporation or nonprofit corporation or association charteredoperating byeither Congressa forperforming thearts preservationfacility ofor sites,an buildings,art andeducation objects significant in American history and culture;exhibition facility;

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

H 14.

Mixed beverage casino licenses, which shall authorize the licensee to (i) sell and serve mixed Bbeverages 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 H consumption in private areas or restricted access areas designated by the Board, after consultation with the mixed beverage casino licensee.

Designated areas may include any areas on the premises of the mixed 2 beverage casino licensee, including entertainment venues, private rooms, conference rooms, hotels, pools, DRAFT OFFERED FOR CONSIDERATION 2/10/2026 marinas, or green spaces.

Notwithstanding any law or regulation to the contrary, a mixed beverage casino licensee may HB271HC2 44 of 159 exercise the privileges of its license as set forth in this subdivision during all hours of operation of the casino gaming establishment;

For purposes of this DRAFT OFFERED FOR CONSIDERATION 2/10/2026 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.

Exhibition halls, which shall authorize the licensee to sell wine and beer during the event to patrons or DRAFT OFFERED FOR CONSIDERATION 2/10/2026 attendees within all seating areas, exhibition areas, concourses, walkways, concession areas, and such additional locations designated by the Board in such facilities (i) in closed containers for off-premises consumption or (ii) in paper, plastic, or similar disposable containers or in single original metal cans for on- premises consumption.

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 urban county executive form of of 159 government or any city that is completely surrounded by such county.

patrons7. 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.

Nonprofit museums, which shall authorize the licensee to sell wine and beer for on-premises Hconsumption licensesor mayin beclosed grantedcontainers tofor personsoff-premises operatingconsumption a nonprofit museum exempt from taxation under § 501(c)(3) of the Internal Revenue Code, located in theareas Townapproved ofby Front Royal, and dedicated to educating the consumingBoard. O 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.

S C.

Retail off-premises wine and beer licenses, which may be granted to a convenience grocery store, EDRAFT OFFERED FOR CONSIDERATION 2/10/2026 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 bSerbeer 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 U consumption;

however, no single sample shall exceed four ounces of beer or two ounces of wine and no morBmore givethan samples12 ounces of wine and beer inor designatedfive areasounces at events held by the licensee for the purpose of featuringwine andshall educatingbe theserved consumingto publicany aboutperson theper alcoholicday. beverages being tasted.

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 tasted.

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

T 2.

Gourmet brewing shop licenses, which shall authorize the licensee to sell to any person to whom wine or beer may be lawfully sold, ingredients for making wine or brewing beer, including packaging, and to rent to such persons facilities for manufacturing, fermenting, and bottling such wine or beer, for off-premisTsoff-premises consumption in accordance with subdivision 6 of § 4.1-200.

E 3.

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

TheD. Board may grant the following banquet, special event, and tasting licenses:nery is sold.

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

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

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 weather.

However, no suchtdoors,such DRAFT OFFERED FOR CONSIDERATION 2/10/2026 license shall be required of any hotel, restaurant, or club holding a retail wine and beer license.

H b.

Mixed beverage special events licenses to a duly organized nonprofit corporation or association in charge of a special event, which shall authorize the licensee to sell and serve mixed beverages for on- 2 premises consumption in areas approved by the Board on the premises of the place designated in the license.

The HB271HC2 46 of 159 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;

However, lawfully acquired alcoholic beverages shall not be DRAFT OFFERED FOR CONSIDERATION 2/10/2026 purchased or sold by the licensee or sold or charged for in any way by the person permitted to use the premises.

Alcoholic beverages shall not be sold or charged for in any way by the DRAFT OFFERED FOR CONSIDERATION 2/10/2026 designated outdoor refreshment area licensee.

however, the licensee shall of 159 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 alcoholic beverages shallon notthe bepremises soldof orthe chargedlicensee forby inpatrons anythereof wayduring bysuch theevent. licensee.

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

The Board may grant a marketplace license to persons operating a business enterprise of which theHthe primary function is not the sale of alcoholic beverages, which shall authorize the licensee to serve complimentary wine or beer to bona fide customers on the licensed premises subject to any limitations DRAFT OFFERED FOR CONSIDERATION 2/10/2026 imposed by the Board;

In order to be eligible for and retain a marketplace license, tSethe applicant's business enterprise must (i) provide a single category of goods or services in a manner intended to create a personalized experience for the customer;

(v) ensure that all employees satisfy any trainSngtraining requirements imposed by the Board;