4.1-208 - Beer licenses.
§ 4.1-208. Beer licenses.
The Board may grant the following licenses relating to beer:
1. Brewery licenses, which shall authorize the licensee to manufacture beerand to sell and deliver or ship the beer so manufactured, in accordance withBoard regulations, in closed containers to (i) persons licensed to sell thebeer at wholesale; (ii) persons licensed to sell beer at retail for thepurpose of resale within a theme or amusement park owned and operated by thebrewery or a parent, subsidiary or a company under common control of suchbrewery, or upon property of such brewery or a parent, subsidiary or acompany under common control of such brewery contiguous to such premises, orin a development contiguous to such premises owned and operated by suchbrewery or a parent, subsidiary or a company under common control of suchbrewery; and (iii) persons outside the Commonwealth for resale outside theCommonwealth. Such license may also authorize individuals holding a brewerylicense to operate a facility designed for and utilized exclusively for theeducation of persons in the manufacture of beer, including sampling by suchindividuals of beer products, within a theme or amusement park located uponthe premises occupied by such brewery, or upon property of such personcontiguous to such premises, or in a development contiguous to such premisesowned and operated by such person or a wholly owned subsidiary. Provided,however, that such samples may be provided only to individuals forconsumption on the premises of such facility and only to individuals to whomsuch products may be lawfully sold.
2. Bottlers' licenses, which shall authorize the licensee to acquire andreceive deliveries and shipments of beer in closed containers and to bottle,sell and deliver or ship it, in accordance with Board regulations to (i)wholesale beer licensees for the purpose of resale, (ii) owners of boatsregistered under the laws of the United States sailing for ports of call of aforeign country or another state, and (iii) persons outside the Commonwealthfor resale outside the Commonwealth.
3. Wholesale beer licenses, which shall authorize the licensee to acquire andreceive deliveries and shipments of beer and to sell and deliver or ship thebeer from one or more premises identified in the license, in accordance withBoard regulations, in closed containers to (i) persons licensed under thischapter to sell such beer at wholesale or retail for the purpose of resale,(ii) owners of boats registered under the laws of the United States sailingfor ports of call of a foreign country or another state, and (iii) personsoutside the Commonwealth for resale outside the Commonwealth.
No wholesale beer licensee shall purchase beer for resale from a personoutside the Commonwealth who does not hold a beer importer's license unlesssuch wholesale beer licensee holds a beer importer's license and purchasesbeer for resale pursuant to the privileges of such beer importer's license.
4. Beer importers' licenses, which shall authorize persons licensed within oroutside the Commonwealth to sell and deliver or ship beer into theCommonwealth, in accordance with Board regulations, in closed containers, topersons in the Commonwealth licensed to sell beer at wholesale for thepurpose of resale.
5. Retail on-premises beer licenses to:
a. Hotels, restaurants and clubs, which shall authorize the licensee to sellbeer, either with or without meals, only in dining areas and other designatedareas of such restaurants, or in dining areas, private guest rooms, and otherdesignated areas of such hotels or clubs, for consumption only in such roomsand areas.
b. Persons operating dining cars, buffet cars, and club cars of trains, whichshall authorize the licensee to sell beer, either with or without meals, inthe dining cars, buffet cars, and club cars so operated by them foron-premises consumption when carrying passengers.
c. Persons operating sight-seeing boats, or special or charter boats, whichshall authorize the licensee to sell beer, either with or without meals, onsuch boats operated by them for on-premises consumption when carryingpassengers.
d. Grocery stores located in any town or in a rural area outside thecorporate limits of any city or town, which shall authorize the licensee tosell beer for on-premises consumption in such establishments. No licenseshall be granted unless it appears affirmatively that a substantial publicdemand for such licensed establishment exists and that public convenience andthe purposes of this title will be promoted by granting the license.
e. Persons operating food concessions at coliseums, stadia, or similarfacilities, which shall authorize the licensee to sell beer, in paper,plastic, or similar disposable containers, during the performance ofprofessional sporting exhibitions, events or performances immediatelysubsequent thereto, to patrons within all seating areas, concourses,walkways, concession areas, and additional locations designated by the Boardin such coliseums, stadia, or similar facilities, for on-premisesconsumption. Upon authorization of the licensee, any person may keep andconsume his own lawfully acquired alcoholic beverages on the premises in allareas and locations covered by the license.
f. Persons operating food concessions at any outdoor performing artsamphitheater, arena or similar facility which has seating for more than 3,500persons and is located in Albemarle, Augusta, Pittsylvania, or RockinghamCounties. Such license shall authorize the licensee to sell beer during theperformance of any event, in paper, plastic or similar disposable containersto patrons within all seating areas, concourses, walkways, concession areas,or similar facilities, for on-premises consumption. Upon authorization of thelicensee, any person may keep and consume his own lawfully acquired alcoholicbeverages on the premises in all areas and locations covered by the license.
g. 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 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 halls" 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.
6. Retail off-premises beer licenses, which shall authorize the licensee tosell beer in closed containers for off-premises consumption.
7. Retail off-premises brewery licenses to persons holding a brewery licensewhich shall authorize the licensee to sell beer at the place of businessdesignated in the brewery license, in closed containers which shall includegrowlers and other reusable containers, for off-premises consumption.
8. Retail on-and-off premises beer licenses to persons enumerated insubdivisions 5 a and d, which shall accord all the privileges conferred byretail on-premises beer licenses and in addition, shall authorize thelicensee to sell beer in closed containers for off-premises consumption.
(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. 828, 866; 1994, c. 585; 1995, cc. 497, 518, 544, 570; 1996, cc.443, 604; 1997, cc. 489, 646, 662; 2000, c. 1047; 2003, cc. 329, 1029, 1030;2006, c. 845; 2007, cc. 813, 870, 932.)