{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2288.3_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2288.3_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2288.3_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2288.3_1.html"}],"law_id":72741,"edition_id":1,"section_id":72741,"structure_id":12775,"section_number":"15.2-2288.3:1","catch_line":"Limited brewery license; local regulation of certain activities","history":"2014, c. 365; 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 beer 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 public events of breweries licensed pursuant to subdivision 4 of § 4.1-206.1 to market and sell their products shall be reasonable and shall take into account the economic impact on such licensed brewery of such restriction, the agricultural nature of such activities and events, and whether such activities and events are usual and customary for such licensed breweries. Usual and customary activities and events at such licensed breweries shall be permitted 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 such licensed breweries shall be more restrictive than that in the general noise ordinance. In authorizing outdoor amplified music at such licensed brewery, the locality shall consider the effect on adjacent property owners and nearby residents.B\n\nNo locality shall regulate any of the following activities of a brewery licensed under subdivision 4 of \u00a7 4.1-206.1:1\n\nThe production and harvesting of barley, other grains, hops, fruit, or other agricultural products and the manufacturing of beer;2\n\nThe on-premises sale, tasting, or consumption of beer during regular business hours within the normal course of business of such licensed brewery;3\n\nThe direct sale and shipment of beer in accordance with Title 4.1 and regulations of the Board of Directors of the Alcoholic Beverage Control Authority;4\n\nThe sale and shipment of beer to licensed wholesalers and out-of-state purchasers in accordance with Title 4.1, regulations of the Board of Directors of the Alcoholic Beverage Control Authority, and federal law;5\n\nThe storage and warehousing of beer in accordance with Title 4.1, regulations of the Board of Directors of the Alcoholic Beverage Control Authority, and federal law; or6\n\nThe sale of beer-related items that are incidental to the sale of beer.C\n\nAny locality may exempt any brewery licensed in accordance with subdivision 4 of § 4.1-206.1 on land zoned agricultural from any local regulation of minimum parking, road access, or road upgrade requirements.","order_by":null,"text":{"0":{"id":262000,"text":"It is the policy of the Commonwealth to preserve the economic vitality of the Virginia beer 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 public events of breweries licensed pursuant to subdivision 4 of § 4.1-206.1 to market and sell their products shall be reasonable and shall take into account the economic impact on such licensed brewery of such restriction, the agricultural nature of such activities and events, and whether such activities and events are usual and customary for such licensed breweries. Usual and customary activities and events at such licensed breweries shall be permitted 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 such licensed breweries shall be more restrictive than that in the general noise ordinance. In authorizing outdoor amplified music at such licensed brewery, the locality shall consider the effect on adjacent property owners and nearby residents.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":262001,"text":"No locality shall regulate any of the following activities of a brewery licensed under subdivision 4 of \u00a7 4.1-206.1:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":262002,"text":"The production and harvesting of barley, other grains, hops, fruit, or other agricultural products and the manufacturing of beer;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":262003,"text":"The on-premises sale, tasting, or consumption of beer during regular business hours within the normal course of business of such licensed brewery;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":262004,"text":"The direct sale and shipment of beer in accordance with Title 4.1 and regulations of the Board of Directors of the Alcoholic Beverage Control Authority;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":262005,"text":"The sale and shipment of beer to licensed wholesalers and out-of-state purchasers in accordance with Title 4.1, regulations of the Board of Directors of the Alcoholic Beverage Control Authority, and federal law;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":262006,"text":"The storage and warehousing of beer in accordance with Title 4.1, regulations of the Board of Directors of the Alcoholic Beverage Control Authority, and federal law; or","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":262007,"text":"The sale of beer-related items that are incidental to the sale of beer.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"C"},"8":{"id":262008,"text":"Any locality may exempt any brewery licensed in accordance with subdivision 4 of § 4.1-206.1 on land zoned agricultural from any local regulation of minimum parking, road access, or road upgrade requirements.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B6"}},"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\/","token":"15.2\/II\/22\/7\/15.2-2288.3","metadata":false},"next_section":{"id":58524,"structure_id":12775,"section_number":"15.2-2288.3:2","catch_line":"Limited distiller's license; local regulation of certain activities","url":"\/15.2-2288.3_2\/","token":"15.2\/II\/22\/7\/15.2-2288.3_2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2288.3:1\/","history_text":"

This law was first created in 2014. The record of its establishment is cataloged in chapter 365<\/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 2 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 2015, chapters 38<\/a> and 730<\/a>; in 2020, chapters 1113<\/a> and 1114<\/a>.<\/p>","references":false,"refers_to":[{"id":85579,"section_number":"4.1-206.1","catch_line":"Manufacturer licenses","order_by":null,"url":"\/4.1-206.1\/"}],"permalink":{"id":155279,"object_type":"law","relational_id":72741,"identifier":"15.2-2288.3:1","token":"15.2\/II\/22\/7\/15.2-2288.3_1","url":"\/15.2-2288.3_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2288.3_1\/","token":"15.2\/II\/22\/7\/15.2-2288.3_1","dublin_core":{"Title":"Limited brewery license; local regulation of certain activities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2288.3:1","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 beer 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 public events of breweries licensed pursuant to subdivision 4 of § 4.1-206.1<\/a> to market and sell their products shall be reasonable and shall take into account the economic impact on such licensed brewery of such restriction, the agricultural nature of such activities and events, and whether such activities and events are usual and customary for such licensed breweries. Usual and customary activities and events at such licensed breweries shall be permitted 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 such licensed breweries shall be more restrictive than that in the general noise ordinance<\/span>. In authorizing outdoor amplified music at such licensed brewery, the locality<\/span> shall consider the effect on adjacent property owners and nearby residents. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No locality<\/span> shall regulate any of the following activities of a brewery licensed under subdivision 4 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 barley, other grains, hops, fruit, or other agricultural products and the manufacturing of beer; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

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

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

5.<\/span> The storage and warehousing of beer in accordance with Title 4.1, regulations of the Board of Directors of the 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 beer-related items that are incidental to the sale of beer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any locality<\/span> may exempt any brewery licensed in accordance with subdivision 4 of § 4.1-206.1<\/a> on land zoned agricultural from any local regulation of minimum parking, road access, or road upgrade requirements. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIMITED BREWERY LICENSE; LOCAL REGULATION OF CERTAIN ACTIVITIES (\u00a7\n15.2-2288.3:1)\n\nA. It is the policy of the Commonwealth to preserve the economic vitality of the\nVirginia beer 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 public events of breweries licensed\npursuant to subdivision 4 of § 4.1-206.1 to market and sell their products\nshall be reasonable and shall take into account the economic impact on such\nlicensed brewery of such restriction, the agricultural nature of such activities\nand events, and whether such activities and events are usual and customary for\nsuch licensed breweries. Usual and customary activities and events at such\nlicensed breweries shall be permitted unless there is a substantial impact on\nthe health, safety, or welfare of the public. No local ordinance regulating\nnoise, other than outdoor amplified music, arising from activities and events at\nsuch licensed breweries shall be more restrictive than that in the general noise\nordinance. In authorizing outdoor amplified music at such licensed brewery, the\nlocality shall consider the effect on adjacent property owners and nearby\nresidents.\n\nB. No locality shall regulate any of the following activities of a brewery\nlicensed under subdivision 4 of \u00a7 4.1-206.1:\n\n 1. The production and harvesting of barley, other grains, hops, fruit, or\n other agricultural products and the manufacturing of beer;\n\n 2. The on-premises sale, tasting, or consumption of beer during regular\n business hours within the normal course of business of such licensed brewery;\n\n 3. The direct sale and shipment of beer in accordance with Title 4.1 and\n regulations of the Board of Directors of the Alcoholic Beverage Control\n Authority;\n\n 4. The sale and shipment of beer to licensed wholesalers and out-of-state\n purchasers in accordance with Title 4.1, regulations of the Board of Directors\n of the Alcoholic Beverage Control Authority, and federal law;\n\n 5. The storage and warehousing of beer in accordance with Title 4.1,\n regulations of the Board of Directors of the Alcoholic Beverage Control\n Authority, and federal law; or\n\n 6. The sale of beer-related items that are incidental to the sale of beer.\n\nC. Any locality may exempt any brewery licensed in accordance with subdivision 4\nof § 4.1-206.1 on land zoned agricultural from any local regulation of\nminimum parking, road access, or road upgrade requirements.\n\nHISTORY: 2014, c. 365; 2015, cc. 38, 730; 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}}