{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2288.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2288.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2288.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2288.3.html"}],"law_id":81470,"edition_id":1,"section_id":81470,"structure_id":12775,"section_number":"15.2-2288.3","catch_line":"Licensed farm wineries; local regulation of certain activities","history":"2006, c. 794; 2007, cc. 611, 657; 2009, cc. 416, 546; 2015, cc. 38, 730; 2020, cc. 1113, 1114.","full_text":"A\n\nIt is the policy of the Commonwealth to preserve the economic vitality of the Virginia wine industry while maintaining appropriate land use authority to protect the health, safety, and welfare of the citizens of the Commonwealth and to permit the reasonable expectation of uses in specific zoning categories. Local restriction upon such activities and events of farm wineries licensed in accordance with Title 4.1 to market and sell their products shall be reasonable and shall take into account the economic impact on the farm winery of such restriction, the agricultural nature of such activities and events, and whether such activities and events are usual and customary for farm wineries throughout the Commonwealth. Usual and customary activities and events at farm wineries shall be permitted without local regulation unless there is a substantial impact on the health, safety, or welfare of the public. No local ordinance regulating noise, other than outdoor amplified music, arising from activities and events at farm wineries shall be more restrictive than that in the general noise ordinance. In authorizing outdoor amplified music at a farm winery, the locality shall consider the effect on adjacent property owners and nearby residents.\n\t\t\tB, C. [Expired.]D\n\nNo locality may treat private personal gatherings held by the owner of a licensed farm winery who resides at the farm winery or on property adjacent thereto that is owned or controlled by such owner at which gatherings wine is not sold or marketed and for which no consideration is received by the farm winery or its agents differently from private personal gatherings by other citizens.E\n\nNo locality shall regulate any of the following activities of a farm winery licensed in accordance with subdivision 6 of \u00a7 4.1-206.1:1\n\nThe production and harvesting of fruit and other agricultural products and the manufacturing of wine;2\n\nThe on-premises sale, tasting, or consumption of wine during regular business hours within the normal course of business of the licensed farm winery;3\n\nThe direct sale and shipment of wine by common carrier to consumers in accordance with Title 4.1 and regulations of the Board of Directors of the Virginia Alcoholic Beverage Control Authority;4\n\nThe sale and shipment of wine to the Virginia Alcoholic Beverage Control Authority, licensed wholesalers, and out-of-state purchasers in accordance with Title 4.1, regulations of the Board of Directors of the Virginia Alcoholic Beverage Control Authority, and federal law;5\n\nThe storage, warehousing, and wholesaling of wine in accordance with Title 4.1, regulations of the Board of Directors of the Virginia Alcoholic Beverage Control Authority, and federal law; or6\n\nThe sale of wine-related items that are incidental to the sale of wine.","order_by":null,"text":{"0":{"id":291889,"text":"It is the policy of the Commonwealth to preserve the economic vitality of the Virginia wine industry while maintaining appropriate land use authority to protect the health, safety, and welfare of the citizens of the Commonwealth and to permit the reasonable expectation of uses in specific zoning categories. Local restriction upon such activities and events of farm wineries licensed in accordance with Title 4.1 to market and sell their products shall be reasonable and shall take into account the economic impact on the farm winery of such restriction, the agricultural nature of such activities and events, and whether such activities and events are usual and customary for farm wineries throughout the Commonwealth. Usual and customary activities and events at farm wineries shall be permitted without local regulation unless there is a substantial impact on the health, safety, or welfare of the public. No local ordinance regulating noise, other than outdoor amplified music, arising from activities and events at farm wineries shall be more restrictive than that in the general noise ordinance. In authorizing outdoor amplified music at a farm winery, the locality shall consider the effect on adjacent property owners and nearby residents.\n\t\t\tB, C. [Expired.]","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"D"},"1":{"id":291890,"text":"No locality may treat private personal gatherings held by the owner of a licensed farm winery who resides at the farm winery or on property adjacent thereto that is owned or controlled by such owner at which gatherings wine is not sold or marketed and for which no consideration is received by the farm winery or its agents differently from private personal gatherings by other citizens.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"A","next_prefix":"E"},"2":{"id":291891,"text":"No locality shall regulate any of the following activities of a farm winery licensed in accordance with subdivision 6 of \u00a7 4.1-206.1:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"3":{"id":291892,"text":"The production and harvesting of fruit and other agricultural products and the manufacturing of wine;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"4":{"id":291893,"text":"The on-premises sale, tasting, or consumption of wine during regular business hours within the normal course of business of the licensed farm winery;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"5":{"id":291894,"text":"The direct sale and shipment of wine by common carrier to consumers in accordance with Title 4.1 and regulations of the Board of Directors of the Virginia Alcoholic Beverage Control Authority;","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"6":{"id":291895,"text":"The sale and shipment of wine to the Virginia Alcoholic Beverage Control Authority, licensed wholesalers, and out-of-state purchasers in accordance with Title 4.1, regulations of the Board of Directors of the Virginia Alcoholic Beverage Control Authority, and federal law;","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"E5"},"7":{"id":291896,"text":"The storage, warehousing, and wholesaling of wine in accordance with Title 4.1, regulations of the Board of Directors of the Virginia Alcoholic Beverage Control Authority, and federal law; or","type":"section","prefixes":["E","5"],"prefix":"5","entire_prefix":"E5","prefix_anchor":"E5","level":2,"prior_prefix":"E4","next_prefix":"E6"},"8":{"id":291897,"text":"The sale of wine-related items that are incidental to the sale of wine.","type":"section","prefixes":["E","6"],"prefix":"6","entire_prefix":"E6","prefix_anchor":"E6","level":2,"prior_prefix":"E5"}},"ancestry":[{"id":12775,"edition_id":1,"name":"Zoning","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":12774,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":155213,"object_type":"structure","relational_id":12775,"identifier":"7","token":"15.2\/II\/22\/7","url":"\/15.2\/II\/22\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12774,"edition_id":1,"name":"Planning, Subdivision of Land and Zoning","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":154795,"object_type":"structure","relational_id":12774,"identifier":"22","token":"15.2\/II\/22","url":"\/15.2\/II\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56618,"structure_id":12775,"section_number":"15.2-2280","catch_line":"Zoning ordinances generally","url":"\/15.2-2280\/","token":"15.2\/II\/22\/7\/15.2-2280","metadata":false},{"id":56632,"structure_id":12775,"section_number":"15.2-2281","catch_line":"Jurisdiction of localities","url":"\/15.2-2281\/","token":"15.2\/II\/22\/7\/15.2-2281","metadata":false},{"id":72266,"structure_id":12775,"section_number":"15.2-2282","catch_line":"Regulations to be uniform","url":"\/15.2-2282\/","token":"15.2\/II\/22\/7\/15.2-2282","metadata":false},{"id":73825,"structure_id":12775,"section_number":"15.2-2283","catch_line":"Purpose of zoning ordinances","url":"\/15.2-2283\/","token":"15.2\/II\/22\/7\/15.2-2283","metadata":false},{"id":70348,"structure_id":12775,"section_number":"15.2-2283.1","catch_line":"Prohibition of sexual offender treatment office in residentially zoned subdivision","url":"\/15.2-2283.1\/","token":"15.2\/II\/22\/7\/15.2-2283.1","metadata":false},{"id":55641,"structure_id":12775,"section_number":"15.2-2284","catch_line":"Matters to be considered in drawing and applying zoning ordinances and districts","url":"\/15.2-2284\/","token":"15.2\/II\/22\/7\/15.2-2284","metadata":false},{"id":62867,"structure_id":12775,"section_number":"15.2-2285","catch_line":"Preparation and adoption of zoning ordinance and map and amendments thereto; 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local regulation of certain activities","url":"\/15.2-2288.3_1\/","token":"15.2\/II\/22\/7\/15.2-2288.3_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2288.3\/","history_text":"

This law was first created in 2006. The record of its establishment is cataloged in chapter 794<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2007, chapters 611<\/a> and 657<\/a>; in 2009, chapters 416<\/a> and 546<\/a>; in 2015, chapters 38<\/a> and 730<\/a>; in 2020, chapters 1113<\/a> and 1114<\/a>.<\/p>","references":[{"id":75049,"section_number":"15.2-2288.6","catch_line":"Agricultural operations; local regulation of certain activities","order_by":null,"url":"\/15.2-2288.6\/"}],"refers_to":false,"permalink":{"id":155275,"object_type":"law","relational_id":81470,"identifier":"15.2-2288.3","token":"15.2\/II\/22\/7\/15.2-2288.3","url":"\/15.2-2288.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2288.3\/","token":"15.2\/II\/22\/7\/15.2-2288.3","dublin_core":{"Title":"Licensed farm wineries; local regulation of certain activities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2288.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It is the policy of the Commonwealth to preserve the economic vitality of the Virginia wine industry while maintaining appropriate land use authority to protect the health, safety, and welfare of the citizens of the Commonwealth and to permit the reasonable expectation of uses in specific zoning<\/span> categories. Local restriction upon such activities and events of farm wineries licensed in accordance with Title 4.1 to market and sell their products shall be reasonable and shall take into account the economic impact on the farm winery of such restriction, the agricultural nature of such activities and events, and whether such activities and events are usual and customary for farm wineries throughout the Commonwealth. Usual and customary activities and events at farm wineries shall be permitted without local regulation unless there is a substantial impact on the health, safety, or welfare of the public. No local ordinance<\/span> regulating noise, other than outdoor amplified music, arising from activities and events at farm wineries shall be more restrictive than that in the general noise ordinance<\/span>. In authorizing outdoor amplified music at a farm winery, the locality<\/span> shall consider the effect on adjacent property owners and nearby residents.\n\t\t\tB, C. [Expired.] <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No locality<\/span> may treat private personal gatherings held by the owner of a licensed farm winery who resides at the farm winery or on property adjacent thereto that is owned or controlled by such owner at which gatherings wine is not sold or marketed and for which no consideration is received by the farm winery or its agents differently from private personal gatherings by other citizens. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> No locality<\/span> shall regulate any of the following activities of a farm winery licensed in accordance with subdivision 6 of \u00a7 4.1-206.1<\/a>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The production and harvesting of fruit and other agricultural products and the manufacturing of wine; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The on-premises sale, tasting, or consumption of wine during regular business hours within the normal course of business of the licensed farm winery; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The direct sale and shipment of wine by common carrier to consumers in accordance with Title 4.1 and regulations of the Board of Directors of the Virginia Alcoholic Beverage Control Authority; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The sale and shipment of wine to the Virginia Alcoholic Beverage Control Authority, licensed wholesalers, and out-of-state purchasers in accordance with Title 4.1, regulations of the Board of Directors of the Virginia Alcoholic Beverage Control Authority, and federal law<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The storage, warehousing, and wholesaling of wine in accordance with Title 4.1, regulations of the Board of Directors of the Virginia Alcoholic Beverage Control Authority, and federal law<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The sale of wine-related items that are incidental to the sale of wine. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLICENSED FARM WINERIES; LOCAL REGULATION OF CERTAIN ACTIVITIES (\u00a7 15.2-2288.3)\n\nA. It is the policy of the Commonwealth to preserve the economic vitality of the\nVirginia wine industry while maintaining appropriate land use authority to\nprotect the health, safety, and welfare of the citizens of the Commonwealth and\nto permit the reasonable expectation of uses in specific zoning categories.\nLocal restriction upon such activities and events of farm wineries licensed in\naccordance with Title 4.1 to market and sell their products shall be reasonable\nand shall take into account the economic impact on the farm winery of such\nrestriction, the agricultural nature of such activities and events, and whether\nsuch activities and events are usual and customary for farm wineries throughout\nthe Commonwealth. Usual and customary activities and events at farm wineries\nshall be permitted without local regulation unless there is a substantial impact\non the health, safety, or welfare of the public. No local ordinance regulating\nnoise, other than outdoor amplified music, arising from activities and events at\nfarm wineries shall be more restrictive than that in the general noise\nordinance. In authorizing outdoor amplified music at a farm winery, the locality\nshall consider the effect on adjacent property owners and nearby residents.\n\t\t\tB, C. [Expired.]\n\nD. No locality may treat private personal gatherings held by the owner of a\nlicensed farm winery who resides at the farm winery or on property adjacent\nthereto that is owned or controlled by such owner at which gatherings wine is\nnot sold or marketed and for which no consideration is received by the farm\nwinery or its agents differently from private personal gatherings by other\ncitizens.\n\nE. No locality shall regulate any of the following activities of a farm winery\nlicensed in accordance with subdivision 6 of \u00a7 4.1-206.1:\n\n 1. The production and harvesting of fruit and other agricultural products and\n the manufacturing of wine;\n\n 2. The on-premises sale, tasting, or consumption of wine during regular\n business hours within the normal course of business of the licensed farm\n winery;\n\n 3. The direct sale and shipment of wine by common carrier to consumers in\n accordance with Title 4.1 and regulations of the Board of Directors of the\n Virginia Alcoholic Beverage Control Authority;\n\n 4. The sale and shipment of wine to the Virginia Alcoholic Beverage Control\n Authority, licensed wholesalers, and out-of-state purchasers in accordance\n with Title 4.1, regulations of the Board of Directors of the Virginia\n Alcoholic Beverage Control Authority, and federal law;\n\n 5. The storage, warehousing, and wholesaling of wine in accordance with Title\n 4.1, regulations of the Board of Directors of the Virginia Alcoholic Beverage\n Control Authority, and federal law; or\n\n 6. The sale of wine-related items that are incidental to the sale of wine.\n\nHISTORY: 2006, c. 794; 2007, cc. 611, 657; 2009, cc. 416, 546; 2015, cc. 38,\n730; 2020, cc. 1113, 1114.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}