15.2-2288.3 - Licensed farm wineries; local regulation of certain activities.
§ 15.2-2288.3. Licensed farm wineries; local regulation of certain activities.
A. It is the policy of the Commonwealth to preserve the economic vitality ofthe Virginia wine industry while maintaining appropriate land use authorityto protect the health, safety, and welfare of the citizens of theCommonwealth, and to permit the reasonable expectation of uses in specificzoning categories. Local restriction upon such activities and events of farmwineries licensed in accordance with Title 4.1 to market and sell theirproducts shall be reasonable and shall take into account the economic impacton the farm winery of such restriction, the agricultural nature of suchactivities and events, and whether such activities and events are usual andcustomary for farm wineries throughout the Commonwealth. Usual and customaryactivities and events at farm wineries shall be permitted without localregulation unless there is a substantial impact on the health, safety, orwelfare of the public. No local ordinance regulating noise, other thanoutdoor amplified music, arising from activities and events at farm wineriesshall be more restrictive than that in the general noise ordinance. Inauthorizing outdoor amplified music at a farm winery, the locality shallconsider the effect on adjacent property owners and nearby residents.
B, C. [Expired.]
D. No locality may treat private personal gatherings held by the owner of alicensed farm winery who resides at the farm winery or on property adjacentthereto that is owned or controlled by such owner at which gatherings wine isnot sold or marketed and for which no consideration is received by the farmwinery or its agents differently from private personal gatherings by othercitizens.
E. No locality shall regulate any of the following activities of a farmwinery licensed in accordance with subdivision 5 of § 4.1-207:
1. The production and harvesting of fruit and other agricultural products andthe manufacturing of wine;
2. The on-premises sale, tasting, or consumption of wine during regularbusiness hours within the normal course of business of the licensed farmwinery;
3. The direct sale and shipment of wine by common carrier to consumers inaccordance with Title 4.1 and regulations of the Alcoholic Beverage ControlBoard;
4. The sale and shipment of wine to the Alcoholic Beverage Control Board,licensed wholesalers, and out-of-state purchasers in accordance with Title4.1, regulations of the Alcoholic Beverage Control Board, and federal law;
5. The storage, warehousing, and wholesaling of wine in accordance with Title4.1, regulations of the Alcoholic Beverage Control Board, and federal law; or
6. The sale of wine-related items that are incidental to the sale of wine.
(2006, c. 794; 2007, cc. 611, 657; 2009, cc. 416, 546.)