4.1-209 - Wine and beer licenses; advertising.
§ 4.1-209. Wine and beer licenses; advertising.
A. The Board may grant the following licenses relating to wine and beer:
1. Retail on-premises wine and beer licenses to:
a. Hotels, restaurants and clubs, which shall authorize the licensee to sellwine and beer, either with or without meals, only in dining areas and otherdesignated areas of such restaurants, or in dining areas, private guestrooms, and other designated areas of such hotels or clubs, for consumptiononly in such rooms and areas. However, with regard to a hotel classified bythe Board as (i) a resort complex, the Board may authorize the sale andconsumption of alcoholic beverages in all areas within the resort complexdeemed appropriate by the Board or (ii) a limited service hotel, the Boardmay authorize the sale and consumption of alcoholic beverages in diningareas, private guest rooms, and other designated areas to persons to whomovernight lodging is being provided, for on-premises consumption in suchrooms or areas, and without regard to the amount of gross receipts from thesale of food prepared and consumed on the premises, provided that at leastone meal is provided each day by the hotel to such guests. With regard tofacilities registered in accordance with Chapter 49 (§ 38.2-4900 et seq.) ofTitle 38.2 of the Code of Virginia as continuing care communities that arealso licensed by the Board under this subdivision, any resident may, uponauthorization of the licensee, keep and consume his own lawfully acquiredalcoholic beverages on the premises in all areas covered by the license;
b. Persons operating dining cars, buffet cars, and club cars of trains, whichshall authorize the licensee to sell wine and beer, either with or withoutmeals, in the dining cars, buffet cars, and club cars so operated by them,for on-premises consumption when carrying passengers;
c. Persons operating sight-seeing boats, or special or charter boats, whichshall authorize the licensee to sell wine and beer, either with or withoutmeals, on such boats operated by them for on-premises consumption whencarrying passengers;
d. Persons operating as air carriers of passengers on regular schedules inforeign, interstate or intrastate commerce, which shall authorize thelicensee to sell wine and beer for consumption by passengers in suchairplanes anywhere in or over the Commonwealth while in transit and indesignated rooms of establishments of such carriers at airports in theCommonwealth, § 4.1-129 notwithstanding;
e. Hospitals, which shall authorize the licensee to sell wine and beer in therooms of patients for their on-premises consumption only in such rooms,provided the consent of the patient's attending physician is first obtained;
f. Persons operating food concessions at coliseums, stadia, racetracks orsimilar facilities, which shall authorize the licensee to sell wine and beerin paper, plastic or similar disposable containers, during any event andimmediately subsequent thereto, to patrons within all seating areas,concourses, walkways, concession areas and additional locations designated bythe Board in such coliseums, stadia, racetracks or similar facilities, foron-premises consumption. Upon authorization of the licensee, any person maykeep and consume his own lawfully acquired alcoholic beverages on thepremises in all areas and locations covered by the license;
g. Persons operating food concessions at any outdoor performing artsamphitheater, arena or similar facility which (i) has seating for more than20,000 persons and is located in Prince William County or the City ofVirginia Beach, (ii) has capacity for more than 3,500 persons and is locatedin the Counties of Albemarle, Augusta, Pittsylvania, or Rockingham, or theCities of Charlottesville, Danville, or Roanoke, or (iii) has capacity formore than 9,500 persons and is located in Henrico County. Such license shallauthorize the licensee to sell wine and beer during the performance of anyevent, in paper, plastic or similar disposable containers to patrons withinall seating areas, concourses, walkways, concession areas, or similarfacilities, for on-premises consumption. Upon authorization of the licensee,any person may keep and consume his own lawfully acquired alcoholic beverageson the premises in all areas and locations covered by the license; and
h. Persons operating food concessions at exhibition or exposition halls,convention centers or similar facilities located in any county operatingunder the urban county executive form of government or any city which iscompletely surrounded by such county, which shall authorize the licensee tosell wine and beer during the event, in paper, plastic or similar disposablecontainers to patrons or attendees within all seating areas, exhibitionareas, concourses, walkways, concession areas, and such additional locationsdesignated by the Board in such facilities, for on-premises consumption. Uponauthorization of the licensee, any person may keep and consume his ownlawfully acquired alcoholic beverages on the premises in all areas andlocations covered by the license. For purposes of this subsection,"exhibition or exposition hall" and "convention centers" mean facilitiesconducting private or public trade shows or exhibitions in an indoor facilityhaving in excess of 100,000 square feet of floor space.
2. Retail off-premises wine and beer licenses, which shall authorize thelicensee to sell wine and beer in closed containers for off-premisesconsumption.
3. Gourmet shop licenses, which shall authorize the licensee to sell wine andbeer in closed containers for off-premises consumption and, the provisions of§ 4.1-308 notwithstanding, to give to any person to whom wine or beer may belawfully sold, (i) a sample of wine, not to exceed two ounces by volume or(ii) a sample of beer not to exceed four ounces by volume, for on-premisesconsumption. The licensee may also give samples of wine and beer indesignated areas at events held by the licensee for the purpose of featuringand educating the consuming public about the alcoholic beverages beingtasted. Additionally, with the consent of the licensee, farm wineries,wineries, breweries, and wholesale licensees may participate in tastings heldby licensees authorized to conduct tastings, including the pouring of samplesto any person to whom alcoholic beverages may be lawfully sold.Notwithstanding Board regulations relating to food sales, the licensee shallmaintain each year an average monthly inventory and sales volume of at least$1,000 in products such as cheeses and gourmet food.
4. Convenience grocery store licenses, which shall authorize the licensee tosell wine and beer in closed containers for off-premises consumption.
5. Retail on-and-off premises wine and beer licenses to persons enumerated insubdivision 1 a, which shall accord all the privileges conferred by retailon-premises wine and beer licenses and in addition, shall authorize thelicensee to sell wine and beer in closed containers for off-premisesconsumption.
6. Banquet licenses to persons in charge of banquets, and to duly organizednonprofit corporations or associations in charge of special events, whichshall authorize the licensee to sell or give wine and beer in rooms or areasapproved by the Board for the occasion for on-premises consumption in suchrooms or areas. Except as provided in § 4.1-215, a separate license shall berequired for each day of each banquet or special event. For the purposes ofthis subdivision, when the location named in the original application for alicense is outdoors, the application may also name an alternative location inthe event of inclement weather. However, no such license shall be required ofany hotel, restaurant, or club holding a retail wine and beer license.
7. Gift shop licenses, which shall authorize the licensee to sell wine andbeer unchilled, only within the interior premises of the gift shop in closedcontainers for off-premises consumption.
8. Gourmet brewing shop licenses, which shall authorize the licensee to sellto any person to whom wine or beer may be lawfully sold, ingredients formaking wine or brewing beer, including packaging, and to rent to such personsfacilities for manufacturing, fermenting, and bottling such wine or beer, foroff-premises consumption in accordance with subdivision 6 of § 4.1-200.
9. Annual banquet licenses, to duly organized private nonprofit fraternal,patriotic or charitable membership organizations that are exempt from stateand federal taxation and in charge of banquets conducted exclusively for itsmembers and their guests, which shall authorize the licensee to serve wineand beer in rooms or areas approved by the Board for the occasion foron-premises consumption in such rooms or areas. Such license shall authorizethe licensee to conduct no more than 12 banquets per calendar year. For thepurposes of this subdivision, when the location named in the originalapplication for a license is outdoors, the application may also name analternative location in the event of inclement weather. However, no suchlicense shall be required of any hotel, restaurant, or club holding a retailwine and beer license.
10. Fulfillment warehouse licenses, which shall authorize associations asdefined in § 13.1-313 with a place of business located in the Commonwealth to(i) receive deliveries and shipments of wine or beer owned by holders of wineor beer shipper's licenses, (ii) store such wine or beer on behalf of theowner, and (iii) pick, pack, and ship such wine or beer as directed by theowner, all in accordance with Board regulations. No wholesale wine orwholesale beer licensee, whether licensed in the Commonwealth or not, or anyperson under common control of such licensee, shall acquire or hold anyfinancial interest, direct or indirect, in the business for which anyfulfillment warehouse license is issued.
11. Marketing portal licenses, which shall authorize agricultural cooperativeassociations organized under the provisions of the Agricultural CooperativeAssociation Act (§ 13.1-312 et seq.), with a place of business located in theCommonwealth, in accordance with Board regulations, to solicit and receiveorders for wine or beer through the use of the Internet from persons in theCommonwealth to whom wine or beer may be lawfully sold, on behalf of holdersof wine or beer shipper's licenses. Upon receipt of an order for wine orbeer, the licensee shall forward it to a holder of a wine or beer shipper'slicense for fulfillment. Marketing portal licensees may also accept paymenton behalf of the shipper.
B. Notwithstanding any provision of law to the contrary, persons granted awine and beer license pursuant to this section may display within theirlicensed premises point-of-sale advertising materials that incorporate theuse of any professional athlete or athletic team, provided that suchadvertising materials: (i) otherwise comply with the applicable regulationsof the Federal Bureau of Alcohol, Tobacco and Firearms; and (ii) do notdepict any athlete consuming or about to consume alcohol prior to or whileengaged in an athletic activity; do not depict an athlete consuming alcoholwhile the athlete is operating or about to operate a motor vehicle or othermachinery; and do not imply that the alcoholic beverage so advertisedenhances athletic prowess.
C. Persons granted retail on-premises and on-and-off-premises wine and beerlicenses pursuant to this section or subsection B of § 4.1-210 may conductwine or beer tastings sponsored by the licensee for its customers foron-premises consumption. Such licensees may sell or give samples of wine andbeer in designated areas at events held by the licensee for the purpose offeaturing and educating the consuming public about the alcoholic beveragesbeing tasted. Additionally, with the consent of the licensee, farm wineries,wineries, and breweries may participate in tastings held by licenseesauthorized to conduct tastings, including the pouring of samples to anyperson to whom alcoholic beverages may be lawfully sold. Samples of wineshall not exceed two ounces per person. Samples of beer shall not exceed fourounces per person.
(Code 1950, § 4-25; 1952, c. 535; 1956, c. 520; 1962, c. 532; 1964, c. 210;1970, cc. 627, 723; 1972, c. 679; 1973, c. 343; 1974, c. 267; 1975, c. 408;1976, cc. 134, 447, 496, 703; 1977, c. 439; 1978, c. 190; 1979, c. 258; 1980,cc. 526, 528; 1981, cc. 410, 412; 1982, c. 66; 1984, c. 200; 1987, c. 365;1988, c. 893; 1989, c. 42; 1990, c. 707; 1991, c. 628; 1992, cc. 215, 350;1993, cc. 190, 828, 866; 1994, c. 585; 1995, cc. 544, 570; 1996, cc. 443,604; 1997, c. 489; 2001, c. 361; 2002, c. 204; 2003, cc. 329, 589, 1029,1030; 2004, c. 487; 2005, cc. 652, 784; 2006, cc. 94, 153, 256, 826, 845;2007, c. 813; 2008, cc. 179, 186, 192, 875; 2010, cc. 317, 561.)