Virginia 2019 Regular Session Status: Enacted

HB 2367 — Alcoholic beverage control; delivery permittees.

Last action — Approved by Governor-Chapter 706 (effective 7/1/19)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 08, 2019. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Provides that a delivery permittee is only required to collect the taxes due to the Commonwealth and remit any excise taxes monthly to the Alcoholic Beverage Control Authority (the Authority) and any sales taxes to the Department of Taxation for each delivery the permittee makes if such taxes have not already been paid. The bill specifies that delivery permittees must keep records of all deliveries for a period of at least two years and, in addition to current recordkeeping requirements, requires delivery permittees to keep records of the brands of wine and beer delivered and the signatures of the purchasers to whom the wine and beer is delivered. The bill provides that delivery permittees are only required to submit a monthly report to the Authority for any month during which a permittee makes a delivery for which the permittee is required to collect and remit excise taxes due to the Authority. The bill allows deliveries by such permittees to be performed by an independent contractor of the permittee, provided that (i) the permittee has entered into a written agreement with the independent contractor establishing that the permittee shall be vicariously liable for certain administrative violations committed by the independent contractor and (ii) only one individual takes possession of the beer, wine, or farm wine during the course of the delivery.

Bill Text

What changed in the latest version

33 added · 33 removed

Plain-language change summary

The recent amendments to Bill HB 2367 clarify regulations regarding the sale of alcoholic beverages, particularly concerning happy hour promotions and the use of growlers for wine. Notably, the changes emphasize that on-premises licensees can advertise featured drinks during happy hour but must not disclose any pricing details. Additionally, specific labeling requirements for wine growlers have been introduced to ensure transparency about the product. These adjustments aim to create a more informed environment for consumers while maintaining industry standards.

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Latest
SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact §§ 4.1-111, 4.1-204, and 4.1-212.1 of the Code of Virginia, relating to alcoholic beverage control;
SESSION history | hilite | pdf | print version CHAPTER 706 An Act to amend and reenact §§ 4.1-111, 4.1-204, and 4.1-212.1 of the Code of Virginia, relating to alcoholic beverage control;
[H 2367] Approved   Be it enacted by the General Assembly of Virginia:
[H 2367] Approved March 21, 2019   Be it enacted by the General Assembly of Virginia:
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Action History

  1. Approved by Governor-Chapter 706 (effective 7/1/19)

  2. Governor's Action Deadline Midnight, March 26, 2019

  3. Enrolled Bill communicated to Governor on March 4, 2019

  4. Signed by President

  5. Signed by Speaker

  6. Enrolled

  7. Senate substitute agreed to by House 19107235D-S1 (100-Y 0-N)

  8. Engrossed by Senate - committee substitute HB2367S1

  9. Committee substitute agreed to 19107235D-S1

  10. Reading of substitute waived

  11. Read third time

  12. Referred to Committee on Rehabilitation and Social Services

  13. Constitutional reading dispensed

  14. Read third time and passed House (98-Y 0-N)

  15. Printed as engrossed 19104396D-EH1

  16. Engrossed by House - committee substitute with amendments HB2367EH1

  17. Amendments by Delegate Knight agreed to

  18. Committee substitute agreed to 19104396D-H1

  19. Read second time

  20. Read first time

  21. Assigned GL sub: Subcommittee #3

  22. Referred to Committee on General Laws

  23. Prefiled and ordered printed; offered 01/09/19 19102604D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed Senate with substitute

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Carrico — Yea
Chafin — Yea
Dance — Yea
McClellan — Yea
Spruill — Yea
Black — Yea
Wagner — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Glen H. Sturtevant, Jr. — Yea
Hanger, Emmett W., Jr. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 39000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Black — Yea
Dance — Yea
McClellan — Yea
Spruill — Yea
Wagner — Yea
Carrico — Yea
Chafin — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Glen H. Sturtevant, Jr. — Yea
Hanger, Emmett W., Jr. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
Vogel, Jill Holtzman — Yea

Official roll call →

Reported from Rehabilitation and Social Services with substitute

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Black — Yea
Chafin — Yea
Spruill — Yea
Wagner — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Cosgrove, John A., Jr. — Yea
Hanger, Emmett W., Jr. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Mamie E. Locke — Yea
Mason, T. Montgomery "Monty" — Yea
Ryan T. McDougle — Yea
Scott A. Surovell — Yea

Official roll call →

Reported from General Laws with substitute

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 22000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Bulova — Yea
Bell, Richard P. — Yea
Jones, J.C. — Yea
Gilbert — Yea
Helsel — Yea
Miyares — Yea
Murphy — Yea
Peace — Yea
Barry D. Knight — Yea
Betsy B. Carr — Yea
Delores L. McQuinn — Yea
Hyland F. "Buddy" Fowler, Jr. — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jeion A. Ward — Yea
Lashrecse D. Aird — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Patrick A. Hope — Yea
Thomas C. Wright, Jr. — Yea
Will Davis — Yea

Official roll call →

Subjects

public-safety taxation
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Frequently asked questions

What does HB 2367 do?
Provides that a delivery permittee is only required to collect the taxes due to the Commonwealth and remit any excise taxes monthly to the Alcoholic Beverage Control Authority (the Authority) and any sales taxes to the Department of Taxation for each delivery the permittee makes if such taxes have not already been paid. The bill specifies that delivery permittees must keep records of all deliveries for a period of at least two years and, in addition to current recordkeeping requirements, requires delivery permittees to keep records of the brands of wine and beer delivered and the signatures of the purchasers to whom the wine and beer is delivered. The bill provides that delivery permittees are only required to submit a monthly report to the Authority for any month during which a permittee makes a delivery for which the permittee is required to collect and remit excise taxes due to the Authority. The bill allows deliveries by such permittees to be performed by an independent contractor of the permittee, provided that (i) the permittee has entered into a written agreement with the independent contractor establishing that the permittee shall be vicariously liable for certain administrative violations committed by the independent contractor and (ii) only one individual takes possession of the beer, wine, or farm wine during the course of the delivery.
Who sponsors HB 2367?
HB 2367 is sponsored by Barry D. Knight.
What is the current status of HB 2367?
This bill has been enacted into law. Introduced January 08, 2019. Enacted.
Where can I track HB 2367?
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