{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-100.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-100.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-100.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-100.html"}],"law_id":55602,"edition_id":1,"section_id":55602,"structure_id":13259,"section_number":"4.1-100","catch_line":"Definitions","history":"Code 1950, \u00a7\u00a7 4-2, 4-99; 1952, c. 496; 1954, c. 682; 1962, c. 533; 1968, c. 7, \u00a7 4-98.1; 1970, cc. 302, 309; 1974, cc. 460, 497; 1975, c. 408; 1976, cc. 64, 702; 1977, c. 280; 1980, cc. 324, 490; 1983, c. 340; 1984, c. 200; 1985, cc. 448, 457; 1988, c. 261, \u00a7 4-127; 1990, cc. 707, 932; 1991, c. 426; 1993, cc. 190, 866, 910; 1995, cc. 497, 518, 661; 1996, cc. 558, 604; 1997, cc. 124, 425; 1999, cc. 93, 171, 481; 2000, cc. 786, 1037, 1052; 2005, c. 911; 2006, c. 714; 2007, cc. 101, 295, 454, 558; 2008, cc. 198, 513, 875; 2013, cc. 107, 117; 2014, cc. 124, 510; 2015, cc. 25, 38, 54, 288, 348, 730, 735; 2016, cc. 324, 710; 2017, cc. 152, 157, 160, 492, 585, 741; 2018, c. 337; 2019, cc. 37, 178, 466, 628; 2020, cc. 755, 1009, 1010, 1113, 1114; 2023, c. 731; 2024, cc. 111, 255, 619, 622, 627.","full_text":"As used in this subtitle unless the context requires a different meaning:\n\t\t“Alcohol” means the product known as ethyl or grain alcohol obtained by distillation of any fermented liquor, rectified either once or more often, whatever the origin, and shall include synthetic ethyl alcohol, but shall not include methyl alcohol and alcohol completely denatured in accordance with formulas approved by the government of the United States.\n\t\t“Alcohol vaporizing device” means any device, machine, or process that mixes any alcoholic beverages with pure oxygen or other gas to produce a vaporized product for the purpose of consumption by inhalation.\n\t\t“Alcoholic beverages” includes alcohol, spirits, wine, and beer, and any one or more of such varieties containing one-half of one percent or more of alcohol by volume, including mixed alcoholic beverages, and every liquid or solid, powder or crystal, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed by a human being. Any liquid or solid containing more than one of the four varieties shall be considered as belonging to that variety which has the higher percentage of alcohol, however obtained, according to the order in which they are set forth in this definition; except that beer may be manufactured to include flavoring materials and other nonbeverage ingredients containing alcohol, as long as no more than 49 percent of the overall alcohol content of the finished product is derived from the addition of flavors and other nonbeverage ingredients containing alcohol for products with an alcohol content of no more than six percent by volume; or, in the case of products with an alcohol content of more than six percent by volume, as long as no more than one and one-half percent of the volume of the finished product consists of alcohol derived from added flavors and other nonbeverage ingredients containing alcohol.\n\t\t“Arts venue” means a commercial or nonprofit establishment that is open to the public and in which works of art are sold or displayed.\n\t\t“Authority” means the Virginia Alcoholic Beverage Control Authority created pursuant to this subtitle.\n\t\t“Barrel” means any container or vessel having a capacity of more than 43 ounces.\n\t\t“Bed and breakfast establishment” means any establishment (i) having no more than 15 bedrooms; (ii) offering to the public, for compensation, transitory lodging or sleeping accommodations; and (iii) offering at least one meal per day, which may but need not be breakfast, to each person to whom overnight lodging is provided. For purposes of the licensing requirements of this subtitle, “bed and breakfast establishment” includes any property offered to the public for short-term rental, as that term is defined in \u00a7 15.2-983, other than a hotel as defined in this section, regardless of whether a meal is offered to each person to whom overnight lodging is provided.\n\t\t“Beer” means any alcoholic beverage obtained by the fermentation of an infusion or decoction of barley, malt, and hops or of any similar products in drinkable water and containing one-half of one percent or more of alcohol by volume.\n\t\t“Board” means the Board of Directors of the Virginia Alcoholic Beverage Control Authority.\n\t\t“Bottle” means any vessel intended to contain liquids and having a capacity of not more than 43 ounces.\n\t\t“Bus” means a motor vehicle that (i) is operated by a common carrier licensed under Chapter 20 (\u00a7 46.2-2000 et seq.) of Title 46.2 to transport passengers for compensation over the highways of the Commonwealth on regular or irregular routes of not less than 100 miles, (ii) seats no more than 24 passengers, (iii) is 40 feet in length or longer, (iv) offers wireless Internet services, (v) is equipped with charging stations at every seat for cellular phones or other portable devices, and (vi) during the transportation of passengers, is staffed by an attendant who has satisfied all training requirements set forth in this subtitle or Board regulation.\n\t\t“Club” means any private nonprofit corporation or association which is the owner, lessee, or occupant of an establishment operated solely for a national, social, patriotic, political, athletic, or other like purpose, but not for pecuniary gain, the advantages of which belong to all of the members. It also means the establishment so operated. A corporation or association shall not lose its status as a club because of the conduct of charitable gaming conducted pursuant to Article 1.1:1 (\u00a7 18.2-340.15 et seq.) of Chapter 8 of Title 18.2 in which nonmembers participate frequently or in large numbers, provided that no alcoholic beverages are served or consumed in the room where such charitable gaming is being conducted while such gaming is being conducted and that no alcoholic beverages are made available upon the premises to any person who is neither a member nor a bona fide guest of a member.\n\t\tAny such corporation or association which has been declared exempt from federal and state income taxes as one which is not organized and operated for pecuniary gain or profit shall be deemed a nonprofit corporation or association.\n\t\t“Commercial lifestyle center” means a mixed-use commercial development covering a minimum of 10 acres of land and having at least 100,000 square feet of retail space featuring national specialty chain stores and a combination of dining, entertainment, office, residential, or hotel establishments located in a physically integrated outdoor setting that is pedestrian friendly and that is governed by a commercial owners’ association that is responsible for the management, maintenance, and operation of the common areas thereof.\n\t\t“Container” means any barrel, bottle, carton, keg, vessel, or other receptacle used for holding alcoholic beverages.\n\t\t“Contract winemaking facility” means the premises of a licensed winery or farm winery that obtains grapes, fruits, and other agricultural products from a person holding a winery or farm winery license and crushes, processes, ferments, bottles, or provides any combination of such services pursuant to an agreement with the winery or farm winery licensee. For all purposes of this subtitle, wine produced by a contract winemaking facility for a winery or farm winery shall be considered to be wine owned and produced by the winery or farm winery that supplied the grapes, fruits, or other agricultural products used in the production of the wine. The contract winemaking facility shall have no right to sell the wine so produced, unless the terms of payment have not been fulfilled in accordance with the contract. The contract winemaking facility may charge the winery or farm winery for its services. A winery licensee may utilize contract winemaking services only for the manufacture or processing of wine of which no less than 90 percent of the grapes, fruits, and other agricultural products used to make such wine are grown in the Commonwealth.\n\t\t“Convenience grocery store” means an establishment that (i) has an enclosed room in a permanent structure where stock is displayed and offered for sale and (ii) maintains an inventory of edible items intended for human consumption consisting of a variety of such items of the types normally sold in grocery stores.\n\t\t“Culinary lodging resort” means a facility (i) having not less than 13 overnight guest rooms in a building that has at least 20,000 square feet of indoor floor space; (ii) located on a farm in the Commonwealth with at least 1,000 acres of land zoned agricultural; (iii) equipped with a full-service kitchen; and (iv) offering to the public, for compensation, at least one meal per day, lodging, and recreational and educational activities related to farming, livestock, and other rural activities.\n\t\t“Delicatessen” means an establishment that sells a variety of prepared foods or foods requiring little preparation, such as cheeses, salads, cooked meats, and related condiments.\n\t\t“Designated area” means a room or area approved by the Board for on-premises licensees.\n\t\t“Dining area” means a public room or area in which meals are regularly served.\n\t\t“Drugstore” means an establishment that sells medicines prepared by a licensed pharmacist pursuant to a prescription and other medicines and items for home and general use.\n\t\t“Establishment” means any place where alcoholic beverages of one or more varieties are lawfully manufactured, sold, or used.\n\t\t“Farm winery” means (i) an establishment or cooperative located in the Commonwealth on land zoned agricultural that has (a) a vineyard, orchard, or similar growing area that produces fruits or other agricultural products used to manufacture the wine of such farm winery, subject to the requirements set forth in \u00a7 4.1-219, and (b) facilities for fermenting and bottling wine on the premises where such farm winery manufactures wine that contains not more than 21 percent alcohol by volume or (ii) an accredited public or private institution of higher education, provided that (a) no wine manufactured by the institution shall be sold, (b) the wine manufactured by the institution shall be used solely for research and educational purposes, (c) the wine manufactured by the institution shall be stored on the premises of such farm winery that shall be separate and apart from all other facilities of the institution, and (d) such farm winery is operated in strict conformance with the requirements of this clause (ii) and Board regulations. As used in this definition, the term “cooperative” means a cooperative formed by an association of individuals for the purpose of manufacturing wine. In determining whether a cooperative licensed as a farm winery has met the requirements set forth in clause (i), the Board shall consider all land in the Commonwealth that is owned or leased by a member of the cooperative. For purposes of this definition, “land zoned agricultural” means (1) land zoned as an agricultural district or classification or (2) land otherwise permitted by a locality for farm winery use. For purposes of this definition, “land zoned agricultural” does not include land zoned “residential conservation.” Except for the limitation on land zoned “residential conservation,” nothing in the definition of “land zoned agricultural” shall otherwise limit or affect local zoning authority.\n\t\t“Gift shop” means any bona fide retail store selling, predominantly, gifts, books, souvenirs, specialty items relating to history, original and handmade arts and products, collectibles, crafts, and floral arrangements, which is open to the public on a regular basis. Such shop shall be a permanent structure where stock is displayed and offered for sale and which has facilities to properly secure any stock of wine or beer. Such shop may be located (i) on the premises or grounds of a government registered national, state or local historic building or site or (ii) within the premises of a museum. The Board shall consider the purpose, characteristics, nature, and operation of the shop in determining whether it shall be considered a gift shop.\n\t\t“Gourmet brewing shop” means an establishment which sells to persons to whom wine or beer may lawfully be sold, ingredients for making wine or brewing beer, including packaging, and rents to such persons facilities for manufacturing, fermenting and bottling such wine or beer.\n\t\t“Gourmet oyster house” means an establishment that (i) is located on the premises of a commercial marina, (ii) is permitted by the Department of Health to serve oysters and other fresh seafood for consumption on the premises, and (iii) offers to the public events for the purpose of featuring and educating the consuming public about local oysters and other seafood products.\n\t\t“Gourmet shop” means an establishment provided with adequate inventory, shelving, and storage facilities, where, in consideration of payment, substantial amounts of domestic and imported wines and beers of various types and sizes and related products such as cheeses and gourmet foods are habitually furnished to persons.\n\t\t“Government store” means a store established by the Authority for the sale of alcoholic beverages.\n\t\t“Grocery store” means an establishment that sells food and other items intended for human consumption, including a variety of ingredients commonly used in the preparation of meals.\n\t\t“Historic cinema house” means a nonprofit establishment exempt from taxation under \u00a7 501(c)(3) of the Internal Revenue Code that was built prior to 1970 and that exists for the primary purpose of showing motion pictures to the public.\n\t\t“Hotel” means any duly licensed establishment, provided with special space and accommodation, where, in consideration of payment, food and lodging are habitually furnished to persons, and which has four or more bedrooms. It shall also mean the person who operates such hotel.\n\t\t“Interdicted person” means a person to whom the sale of alcoholic beverages is prohibited by order pursuant to this subtitle.\n\t\t“Internet wine and beer retailer” means a person who owns or operates an establishment with adequate inventory, shelving, and storage facilities, where, in consideration of payment, Internet or telephone orders are taken and shipped directly to consumers and which establishment is not a retail store open to the public.\n\t\t“Intoxicated” means a condition in which a person has drunk enough alcoholic beverages to observably affect his manner, disposition, speech, muscular movement, general appearance, or behavior.\n\t\t“Licensed” means the holding of a valid license granted by the Authority.\n\t\t“Licensee” means any person to whom a license has been granted by the Authority.\n\t\t“Liqueur” means any of a class of highly flavored alcoholic beverages that do not exceed an alcohol content of 25 percent by volume.\n\t\t“Low alcohol beverage cooler” means a drink containing one-half of one percent or more of alcohol by volume, but not more than seven and one-half percent alcohol by volume, and consisting of spirits mixed with nonalcoholic beverages or flavoring or coloring materials; it may also contain water, fruit juices, fruit adjuncts, sugar, carbon dioxide, preservatives or other similar products manufactured by fermenting fruit or fruit juices. Low alcohol beverage coolers shall be treated as wine for all purposes of this subtitle, except that low alcohol beverage coolers may be manufactured by a licensed distiller or a distiller located outside the Commonwealth.\n\t\t“Marina store” means an establishment that is located on the same premises as a marina, is operated by the owner of such marina, and sells food and nautical and fishing supplies.\n\t\t“Meals” means, for a mixed beverage license, an assortment of foods commonly ordered in bona fide, full-service restaurants as principal meals of the day. Such restaurants shall include establishments specializing in full course meals with a single substantial entree.\n\t\t“Member of a club” means (i) a person who maintains his membership in the club by the payment of monthly, quarterly, or annual dues in the manner established by the rules and regulations thereof or (ii) a person who is a member of a bona fide auxiliary, local chapter, or squadron composed of direct lineal descendants of a bona fide member, whether alive or deceased, of a national or international organization to which an individual lodge holding a club license is an authorized member in the same locality. It shall also mean a lifetime member whose financial contribution is not less than 10 times the annual dues of resident members of the club, the full amount of such contribution being paid in advance in a lump sum.\n\t\t“Mixed beverage” or “mixed alcoholic beverage” means a drink composed in whole or in part of spirits.\n\t\t“Mixer” means any prepackaged ingredients containing beverages or flavoring or coloring materials, and which may also contain water, fruit juices, fruit adjuncts, sugar, carbon dioxide, or preservatives which are not commonly consumed unless combined with alcoholic beverages, whether or not such ingredients contain alcohol. Such specialty beverage product shall be manufactured or distributed by a Virginia corporation.\n\t\t“Municipal golf course” means any golf course that is owned by any town incorporated in 1849 and which is the county seat of Smyth County.\n\t\t“Performing arts facility” means an indoor or outdoor amphitheater, arena, multipurpose theater, or similar facility at which live musical, dance, theatre, or similar performances, the types of which are approved by the Authority, are performed, provided that the facility has stationary stadium or similar seating for more than 500 persons.\n\t\t“Place or premises” means the real estate, together with any buildings or other improvements thereon, designated in the application for a license as the place at which the manufacture, bottling, distribution, use or sale of alcoholic beverages shall be performed, except that portion of any such building or other improvement actually and exclusively used as a private residence.\n\t\t“Principal stockholder” means any person who individually or in concert with his spouse and immediate family members beneficially owns or controls, directly or indirectly, five percent or more of the equity ownership of any person that is a licensee of the Authority, or who in concert with his spouse and immediate family members has the power to vote or cause the vote of five percent or more of any such equity ownership. “Principal stockholder” does not include a broker-dealer registered under the Securities Exchange Act of 1934, as amended, that holds in inventory shares for sale on the financial markets for a publicly traded corporation holding, directly or indirectly, a license from the Authority.\n\t\t“Public place” means any place, building, or conveyance to which the public has, or is permitted to have, access, including restaurants, soda fountains, hotel dining areas, lobbies and corridors of hotels, and any park, place of public resort or amusement, highway, street, lane, or sidewalk adjoining any highway, street, or lane.\n\t\t“Public place” does not include (i) hotel or restaurant dining areas or ballrooms while in use for private meetings or private parties limited in attendance to members and guests of a particular group, association or organization; (ii) restaurants licensed by the Authority in office buildings or industrial or similar facilities while such restaurant is closed to the public and in use for private meetings or parties limited in attendance to employees and nonpaying guests of the owner or a lessee of all or part of such building or facility; (iii) offices, office buildings or industrial facilities while closed to the public and in use for private meetings or parties limited in attendance to employees and nonpaying guests of the owner or a lessee of all or part of such building or facility; or (iv) private recreational or chartered boats which are not licensed by the Board and on which alcoholic beverages are not sold.\n\t\t“Residence” means any building or part of a building or structure where a person resides, but does not include any part of a building that is not actually and exclusively used as a private residence, nor any part of a hotel or club other than a private guest room thereof.\n\t\t“Resort complex” means a facility (i) with a hotel owning year-round sports and recreational facilities located contiguously on the same property; (ii) owned by a nonstock, nonprofit, taxable corporation with voluntary membership which, as its primary function, makes available golf, ski, and other recreational facilities both to its members and to the general public; or (iii) operated by a corporation that operates as a management company which, as its primary function, makes available (a) vacation accommodations, guest rooms, or dwelling units and (b) golf, ski, and other recreational facilities to members of the managed entities and the general public. The hotel or corporation shall have or manage a minimum of 140 private guest rooms or dwelling units contained on not less than 50 acres, whether or not contiguous to the licensed premises; if the guest rooms or dwelling units are located on property that is not contiguous to the licensed premises, such guest rooms and dwelling units shall be located within the same locality. The Authority may consider the purpose, characteristics, and operation of the applicant establishment in determining whether it shall be considered as a resort complex. All other pertinent qualifications established by the Board for a hotel operation shall be observed by such licensee.\n\t\t“Restaurant” means, for a wine and beer license or a limited mixed beverage restaurant license, any establishment provided with special space and accommodation, where, in consideration of payment, meals or other foods prepared on the premises are regularly sold.\n\t\t“Restaurant” means, for a mixed beverage license other than a limited mixed beverage restaurant license, an established place of business (i) where meals with substantial entrees are regularly sold and (ii) which has adequate facilities and sufficient employees for cooking, preparing, and serving such meals for consumption at tables in dining areas on the premises, and includes establishments specializing in full course meals with a single substantial entree.\n\t\t“Sale” and “sell” includes soliciting or receiving an order for; keeping, offering or exposing for sale; peddling, exchanging or bartering; or delivering otherwise than gratuitously, by any means, alcoholic beverages.\n\t\t“Sangria” means a drink consisting of red or white wine mixed with some combination of sweeteners, fruit, fruit juice, soda, or soda water that may also be mixed with brandy, triple sec, or other similar spirits.\n\t\t“Special agent” means an employee of the Virginia Alcoholic Beverage Control Authority whom the Board has designated as a law-enforcement officer pursuant to \u00a7 4.1-105.\n\t\t“Special event” means an event sponsored by a duly organized nonprofit corporation or association and conducted for an athletic, charitable, civic, educational, political, or religious purpose.\n\t\t“Spirits” means any beverage that contains alcohol obtained by distillation mixed with drinkable water and other substances, in solution, and includes, among other things, brandy, rum, whiskey, and gin, or any one or more of the last four named ingredients, but shall not include any such liquors completely denatured in accordance with formulas approved by the United States government.\n\t\t“Sports facility” means a coliseum, stadium, racetrack, or similar facility at which professional sports, as defined in \u00a7 58.1-4030, or similar events, the types of which are approved by the Authority, are conducted.\n\t\t“Wine” means any alcoholic beverage, including cider, obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing (i) sugar, including honey and milk, either with or without additional sugar; (ii) one-half of one percent or more of alcohol by volume; and (iii) no product of distillation. “Wine” includes any wine to which wine spirits have been added, as provided in the Internal Revenue Code, to make products commonly known as “fortified wine” which do not exceed an alcohol content of 21 percent by volume.\n\t\t“Wine cooler” means a drink containing one-half of one percent or more of alcohol by volume, and not more than three and two-tenths percent of alcohol by weight or four percent by volume consisting of wine mixed with nonalcoholic beverages or flavoring or coloring materials, and which may also contain water, fruit juices, fruit adjuncts, sugar, carbon dioxide, or preservatives and shall include other similar products manufactured by fermenting fruit or fruit juices. Wine coolers and similar fermented fruit juice beverages shall be treated as wine for all purposes except for taxation under \u00a7 4.1-236.\n\t\t“With or without meals” means the selling and serving of alcoholic beverages by retail licensees for on-premises consumption whether or not accompanied by food so long as the total food-beverage ratio required by \u00a7 4.1-206.3, or the monthly food sale requirement established by Board regulation, is met by such retail licensee.","order_by":null,"text":{"0":{"id":203826,"text":"As used in this subtitle unless the context requires a different meaning:\n\t\t“Alcohol” means the product known as ethyl or grain alcohol obtained by distillation of any fermented liquor, rectified either once or more often, whatever the origin, and shall include synthetic ethyl alcohol, but shall not include methyl alcohol and alcohol completely denatured in accordance with formulas approved by the government of the United States.\n\t\t“Alcohol vaporizing device” means any device, machine, or process that mixes any alcoholic beverages with pure oxygen or other gas to produce a vaporized product for the purpose of consumption by inhalation.\n\t\t“Alcoholic beverages” includes alcohol, spirits, wine, and beer, and any one or more of such varieties containing one-half of one percent or more of alcohol by volume, including mixed alcoholic beverages, and every liquid or solid, powder or crystal, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed by a human being. Any liquid or solid containing more than one of the four varieties shall be considered as belonging to that variety which has the higher percentage of alcohol, however obtained, according to the order in which they are set forth in this definition; except that beer may be manufactured to include flavoring materials and other nonbeverage ingredients containing alcohol, as long as no more than 49 percent of the overall alcohol content of the finished product is derived from the addition of flavors and other nonbeverage ingredients containing alcohol for products with an alcohol content of no more than six percent by volume; or, in the case of products with an alcohol content of more than six percent by volume, as long as no more than one and one-half percent of the volume of the finished product consists of alcohol derived from added flavors and other nonbeverage ingredients containing alcohol.\n\t\t“Arts venue” means a commercial or nonprofit establishment that is open to the public and in which works of art are sold or displayed.\n\t\t“Authority” means the Virginia Alcoholic Beverage Control Authority created pursuant to this subtitle.\n\t\t“Barrel” means any container or vessel having a capacity of more than 43 ounces.\n\t\t“Bed and breakfast establishment” means any establishment (i) having no more than 15 bedrooms; (ii) offering to the public, for compensation, transitory lodging or sleeping accommodations; and (iii) offering at least one meal per day, which may but need not be breakfast, to each person to whom overnight lodging is provided. For purposes of the licensing requirements of this subtitle, “bed and breakfast establishment” includes any property offered to the public for short-term rental, as that term is defined in \u00a7 15.2-983, other than a hotel as defined in this section, regardless of whether a meal is offered to each person to whom overnight lodging is provided.\n\t\t“Beer” means any alcoholic beverage obtained by the fermentation of an infusion or decoction of barley, malt, and hops or of any similar products in drinkable water and containing one-half of one percent or more of alcohol by volume.\n\t\t“Board” means the Board of Directors of the Virginia Alcoholic Beverage Control Authority.\n\t\t“Bottle” means any vessel intended to contain liquids and having a capacity of not more than 43 ounces.\n\t\t“Bus” means a motor vehicle that (i) is operated by a common carrier licensed under Chapter 20 (\u00a7 46.2-2000 et seq.) of Title 46.2 to transport passengers for compensation over the highways of the Commonwealth on regular or irregular routes of not less than 100 miles, (ii) seats no more than 24 passengers, (iii) is 40 feet in length or longer, (iv) offers wireless Internet services, (v) is equipped with charging stations at every seat for cellular phones or other portable devices, and (vi) during the transportation of passengers, is staffed by an attendant who has satisfied all training requirements set forth in this subtitle or Board regulation.\n\t\t“Club” means any private nonprofit corporation or association which is the owner, lessee, or occupant of an establishment operated solely for a national, social, patriotic, political, athletic, or other like purpose, but not for pecuniary gain, the advantages of which belong to all of the members. It also means the establishment so operated. A corporation or association shall not lose its status as a club because of the conduct of charitable gaming conducted pursuant to Article 1.1:1 (\u00a7 18.2-340.15 et seq.) of Chapter 8 of Title 18.2 in which nonmembers participate frequently or in large numbers, provided that no alcoholic beverages are served or consumed in the room where such charitable gaming is being conducted while such gaming is being conducted and that no alcoholic beverages are made available upon the premises to any person who is neither a member nor a bona fide guest of a member.\n\t\tAny such corporation or association which has been declared exempt from federal and state income taxes as one which is not organized and operated for pecuniary gain or profit shall be deemed a nonprofit corporation or association.\n\t\t“Commercial lifestyle center” means a mixed-use commercial development covering a minimum of 10 acres of land and having at least 100,000 square feet of retail space featuring national specialty chain stores and a combination of dining, entertainment, office, residential, or hotel establishments located in a physically integrated outdoor setting that is pedestrian friendly and that is governed by a commercial owners’ association that is responsible for the management, maintenance, and operation of the common areas thereof.\n\t\t“Container” means any barrel, bottle, carton, keg, vessel, or other receptacle used for holding alcoholic beverages.\n\t\t“Contract winemaking facility” means the premises of a licensed winery or farm winery that obtains grapes, fruits, and other agricultural products from a person holding a winery or farm winery license and crushes, processes, ferments, bottles, or provides any combination of such services pursuant to an agreement with the winery or farm winery licensee. For all purposes of this subtitle, wine produced by a contract winemaking facility for a winery or farm winery shall be considered to be wine owned and produced by the winery or farm winery that supplied the grapes, fruits, or other agricultural products used in the production of the wine. The contract winemaking facility shall have no right to sell the wine so produced, unless the terms of payment have not been fulfilled in accordance with the contract. The contract winemaking facility may charge the winery or farm winery for its services. A winery licensee may utilize contract winemaking services only for the manufacture or processing of wine of which no less than 90 percent of the grapes, fruits, and other agricultural products used to make such wine are grown in the Commonwealth.\n\t\t“Convenience grocery store” means an establishment that (i) has an enclosed room in a permanent structure where stock is displayed and offered for sale and (ii) maintains an inventory of edible items intended for human consumption consisting of a variety of such items of the types normally sold in grocery stores.\n\t\t“Culinary lodging resort” means a facility (i) having not less than 13 overnight guest rooms in a building that has at least 20,000 square feet of indoor floor space; (ii) located on a farm in the Commonwealth with at least 1,000 acres of land zoned agricultural; (iii) equipped with a full-service kitchen; and (iv) offering to the public, for compensation, at least one meal per day, lodging, and recreational and educational activities related to farming, livestock, and other rural activities.\n\t\t“Delicatessen” means an establishment that sells a variety of prepared foods or foods requiring little preparation, such as cheeses, salads, cooked meats, and related condiments.\n\t\t“Designated area” means a room or area approved by the Board for on-premises licensees.\n\t\t“Dining area” means a public room or area in which meals are regularly served.\n\t\t“Drugstore” means an establishment that sells medicines prepared by a licensed pharmacist pursuant to a prescription and other medicines and items for home and general use.\n\t\t“Establishment” means any place where alcoholic beverages of one or more varieties are lawfully manufactured, sold, or used.\n\t\t“Farm winery” means (i) an establishment or cooperative located in the Commonwealth on land zoned agricultural that has (a) a vineyard, orchard, or similar growing area that produces fruits or other agricultural products used to manufacture the wine of such farm winery, subject to the requirements set forth in \u00a7 4.1-219, and (b) facilities for fermenting and bottling wine on the premises where such farm winery manufactures wine that contains not more than 21 percent alcohol by volume or (ii) an accredited public or private institution of higher education, provided that (a) no wine manufactured by the institution shall be sold, (b) the wine manufactured by the institution shall be used solely for research and educational purposes, (c) the wine manufactured by the institution shall be stored on the premises of such farm winery that shall be separate and apart from all other facilities of the institution, and (d) such farm winery is operated in strict conformance with the requirements of this clause (ii) and Board regulations. As used in this definition, the term “cooperative” means a cooperative formed by an association of individuals for the purpose of manufacturing wine. In determining whether a cooperative licensed as a farm winery has met the requirements set forth in clause (i), the Board shall consider all land in the Commonwealth that is owned or leased by a member of the cooperative. For purposes of this definition, “land zoned agricultural” means (1) land zoned as an agricultural district or classification or (2) land otherwise permitted by a locality for farm winery use. For purposes of this definition, “land zoned agricultural” does not include land zoned “residential conservation.” Except for the limitation on land zoned “residential conservation,” nothing in the definition of “land zoned agricultural” shall otherwise limit or affect local zoning authority.\n\t\t“Gift shop” means any bona fide retail store selling, predominantly, gifts, books, souvenirs, specialty items relating to history, original and handmade arts and products, collectibles, crafts, and floral arrangements, which is open to the public on a regular basis. Such shop shall be a permanent structure where stock is displayed and offered for sale and which has facilities to properly secure any stock of wine or beer. Such shop may be located (i) on the premises or grounds of a government registered national, state or local historic building or site or (ii) within the premises of a museum. The Board shall consider the purpose, characteristics, nature, and operation of the shop in determining whether it shall be considered a gift shop.\n\t\t“Gourmet brewing shop” means an establishment which sells to persons to whom wine or beer may lawfully be sold, ingredients for making wine or brewing beer, including packaging, and rents to such persons facilities for manufacturing, fermenting and bottling such wine or beer.\n\t\t“Gourmet oyster house” means an establishment that (i) is located on the premises of a commercial marina, (ii) is permitted by the Department of Health to serve oysters and other fresh seafood for consumption on the premises, and (iii) offers to the public events for the purpose of featuring and educating the consuming public about local oysters and other seafood products.\n\t\t“Gourmet shop” means an establishment provided with adequate inventory, shelving, and storage facilities, where, in consideration of payment, substantial amounts of domestic and imported wines and beers of various types and sizes and related products such as cheeses and gourmet foods are habitually furnished to persons.\n\t\t“Government store” means a store established by the Authority for the sale of alcoholic beverages.\n\t\t“Grocery store” means an establishment that sells food and other items intended for human consumption, including a variety of ingredients commonly used in the preparation of meals.\n\t\t“Historic cinema house” means a nonprofit establishment exempt from taxation under \u00a7 501(c)(3) of the Internal Revenue Code that was built prior to 1970 and that exists for the primary purpose of showing motion pictures to the public.\n\t\t“Hotel” means any duly licensed establishment, provided with special space and accommodation, where, in consideration of payment, food and lodging are habitually furnished to persons, and which has four or more bedrooms. It shall also mean the person who operates such hotel.\n\t\t“Interdicted person” means a person to whom the sale of alcoholic beverages is prohibited by order pursuant to this subtitle.\n\t\t“Internet wine and beer retailer” means a person who owns or operates an establishment with adequate inventory, shelving, and storage facilities, where, in consideration of payment, Internet or telephone orders are taken and shipped directly to consumers and which establishment is not a retail store open to the public.\n\t\t“Intoxicated” means a condition in which a person has drunk enough alcoholic beverages to observably affect his manner, disposition, speech, muscular movement, general appearance, or behavior.\n\t\t“Licensed” means the holding of a valid license granted by the Authority.\n\t\t“Licensee” means any person to whom a license has been granted by the Authority.\n\t\t“Liqueur” means any of a class of highly flavored alcoholic beverages that do not exceed an alcohol content of 25 percent by volume.\n\t\t“Low alcohol beverage cooler” means a drink containing one-half of one percent or more of alcohol by volume, but not more than seven and one-half percent alcohol by volume, and consisting of spirits mixed with nonalcoholic beverages or flavoring or coloring materials; it may also contain water, fruit juices, fruit adjuncts, sugar, carbon dioxide, preservatives or other similar products manufactured by fermenting fruit or fruit juices. Low alcohol beverage coolers shall be treated as wine for all purposes of this subtitle, except that low alcohol beverage coolers may be manufactured by a licensed distiller or a distiller located outside the Commonwealth.\n\t\t“Marina store” means an establishment that is located on the same premises as a marina, is operated by the owner of such marina, and sells food and nautical and fishing supplies.\n\t\t“Meals” means, for a mixed beverage license, an assortment of foods commonly ordered in bona fide, full-service restaurants as principal meals of the day. Such restaurants shall include establishments specializing in full course meals with a single substantial entree.\n\t\t“Member of a club” means (i) a person who maintains his membership in the club by the payment of monthly, quarterly, or annual dues in the manner established by the rules and regulations thereof or (ii) a person who is a member of a bona fide auxiliary, local chapter, or squadron composed of direct lineal descendants of a bona fide member, whether alive or deceased, of a national or international organization to which an individual lodge holding a club license is an authorized member in the same locality. It shall also mean a lifetime member whose financial contribution is not less than 10 times the annual dues of resident members of the club, the full amount of such contribution being paid in advance in a lump sum.\n\t\t“Mixed beverage” or “mixed alcoholic beverage” means a drink composed in whole or in part of spirits.\n\t\t“Mixer” means any prepackaged ingredients containing beverages or flavoring or coloring materials, and which may also contain water, fruit juices, fruit adjuncts, sugar, carbon dioxide, or preservatives which are not commonly consumed unless combined with alcoholic beverages, whether or not such ingredients contain alcohol. Such specialty beverage product shall be manufactured or distributed by a Virginia corporation.\n\t\t“Municipal golf course” means any golf course that is owned by any town incorporated in 1849 and which is the county seat of Smyth County.\n\t\t“Performing arts facility” means an indoor or outdoor amphitheater, arena, multipurpose theater, or similar facility at which live musical, dance, theatre, or similar performances, the types of which are approved by the Authority, are performed, provided that the facility has stationary stadium or similar seating for more than 500 persons.\n\t\t“Place or premises” means the real estate, together with any buildings or other improvements thereon, designated in the application for a license as the place at which the manufacture, bottling, distribution, use or sale of alcoholic beverages shall be performed, except that portion of any such building or other improvement actually and exclusively used as a private residence.\n\t\t“Principal stockholder” means any person who individually or in concert with his spouse and immediate family members beneficially owns or controls, directly or indirectly, five percent or more of the equity ownership of any person that is a licensee of the Authority, or who in concert with his spouse and immediate family members has the power to vote or cause the vote of five percent or more of any such equity ownership. “Principal stockholder” does not include a broker-dealer registered under the Securities Exchange Act of 1934, as amended, that holds in inventory shares for sale on the financial markets for a publicly traded corporation holding, directly or indirectly, a license from the Authority.\n\t\t“Public place” means any place, building, or conveyance to which the public has, or is permitted to have, access, including restaurants, soda fountains, hotel dining areas, lobbies and corridors of hotels, and any park, place of public resort or amusement, highway, street, lane, or sidewalk adjoining any highway, street, or lane.\n\t\t“Public place” does not include (i) hotel or restaurant dining areas or ballrooms while in use for private meetings or private parties limited in attendance to members and guests of a particular group, association or organization; (ii) restaurants licensed by the Authority in office buildings or industrial or similar facilities while such restaurant is closed to the public and in use for private meetings or parties limited in attendance to employees and nonpaying guests of the owner or a lessee of all or part of such building or facility; (iii) offices, office buildings or industrial facilities while closed to the public and in use for private meetings or parties limited in attendance to employees and nonpaying guests of the owner or a lessee of all or part of such building or facility; or (iv) private recreational or chartered boats which are not licensed by the Board and on which alcoholic beverages are not sold.\n\t\t“Residence” means any building or part of a building or structure where a person resides, but does not include any part of a building that is not actually and exclusively used as a private residence, nor any part of a hotel or club other than a private guest room thereof.\n\t\t“Resort complex” means a facility (i) with a hotel owning year-round sports and recreational facilities located contiguously on the same property; (ii) owned by a nonstock, nonprofit, taxable corporation with voluntary membership which, as its primary function, makes available golf, ski, and other recreational facilities both to its members and to the general public; or (iii) operated by a corporation that operates as a management company which, as its primary function, makes available (a) vacation accommodations, guest rooms, or dwelling units and (b) golf, ski, and other recreational facilities to members of the managed entities and the general public. The hotel or corporation shall have or manage a minimum of 140 private guest rooms or dwelling units contained on not less than 50 acres, whether or not contiguous to the licensed premises; if the guest rooms or dwelling units are located on property that is not contiguous to the licensed premises, such guest rooms and dwelling units shall be located within the same locality. The Authority may consider the purpose, characteristics, and operation of the applicant establishment in determining whether it shall be considered as a resort complex. All other pertinent qualifications established by the Board for a hotel operation shall be observed by such licensee.\n\t\t“Restaurant” means, for a wine and beer license or a limited mixed beverage restaurant license, any establishment provided with special space and accommodation, where, in consideration of payment, meals or other foods prepared on the premises are regularly sold.\n\t\t“Restaurant” means, for a mixed beverage license other than a limited mixed beverage restaurant license, an established place of business (i) where meals with substantial entrees are regularly sold and (ii) which has adequate facilities and sufficient employees for cooking, preparing, and serving such meals for consumption at tables in dining areas on the premises, and includes establishments specializing in full course meals with a single substantial entree.\n\t\t“Sale” and “sell” includes soliciting or receiving an order for; keeping, offering or exposing for sale; peddling, exchanging or bartering; or delivering otherwise than gratuitously, by any means, alcoholic beverages.\n\t\t“Sangria” means a drink consisting of red or white wine mixed with some combination of sweeteners, fruit, fruit juice, soda, or soda water that may also be mixed with brandy, triple sec, or other similar spirits.\n\t\t“Special agent” means an employee of the Virginia Alcoholic Beverage Control Authority whom the Board has designated as a law-enforcement officer pursuant to \u00a7 4.1-105.\n\t\t“Special event” means an event sponsored by a duly organized nonprofit corporation or association and conducted for an athletic, charitable, civic, educational, political, or religious purpose.\n\t\t“Spirits” means any beverage that contains alcohol obtained by distillation mixed with drinkable water and other substances, in solution, and includes, among other things, brandy, rum, whiskey, and gin, or any one or more of the last four named ingredients, but shall not include any such liquors completely denatured in accordance with formulas approved by the United States government.\n\t\t“Sports facility” means a coliseum, stadium, racetrack, or similar facility at which professional sports, as defined in \u00a7 58.1-4030, or similar events, the types of which are approved by the Authority, are conducted.\n\t\t“Wine” means any alcoholic beverage, including cider, obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing (i) sugar, including honey and milk, either with or without additional sugar; (ii) one-half of one percent or more of alcohol by volume; and (iii) no product of distillation. “Wine” includes any wine to which wine spirits have been added, as provided in the Internal Revenue Code, to make products commonly known as “fortified wine” which do not exceed an alcohol content of 21 percent by volume.\n\t\t“Wine cooler” means a drink containing one-half of one percent or more of alcohol by volume, and not more than three and two-tenths percent of alcohol by weight or four percent by volume consisting of wine mixed with nonalcoholic beverages or flavoring or coloring materials, and which may also contain water, fruit juices, fruit adjuncts, sugar, carbon dioxide, or preservatives and shall include other similar products manufactured by fermenting fruit or fruit juices. Wine coolers and similar fermented fruit juice beverages shall be treated as wine for all purposes except for taxation under \u00a7 4.1-236.\n\t\t“With or without meals” means the selling and serving of alcoholic beverages by retail licensees for on-premises consumption whether or not accompanied by food so long as the total food-beverage ratio required by \u00a7 4.1-206.3, or the monthly food sale requirement established by Board regulation, is met by such retail licensee.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13259,"edition_id":1,"name":"Definitions and General Provisions","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":13130,"metadata":{},"date_created":"2026-06-26 03:44:31","date_modified":"2026-06-26 03:44:31","permalink":{"id":218573,"object_type":"structure","relational_id":13259,"identifier":"1","token":"4.1\/I\/1","url":"\/4.1\/I\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13130,"edition_id":1,"name":"Alcoholic Beverage Control Act","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":13129,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":218571,"object_type":"structure","relational_id":13130,"identifier":"I","token":"4.1\/I","url":"\/4.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13129,"edition_id":1,"name":"Alcoholic Beverage and Cannabis Control","identifier":"4.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":218569,"object_type":"structure","relational_id":13129,"identifier":"4.1","token":"4.1","url":"\/4.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55602,"structure_id":13259,"section_number":"4.1-100","catch_line":"Definitions","url":"\/4.1-100\/","token":"4.1\/I\/1\/4.1-100","metadata":false},{"id":54605,"structure_id":13259,"section_number":"4.1-101","catch_line":"Virginia Alcoholic Beverage Control Authority created; public purpose","url":"\/4.1-101\/","token":"4.1\/I\/1\/4.1-101","metadata":false},{"id":66649,"structure_id":13259,"section_number":"4.1-101.01","catch_line":"Board of Directors; membership; terms; compensation","url":"\/4.1-101.01\/","token":"4.1\/I\/1\/4.1-101.01","metadata":false},{"id":84894,"structure_id":13259,"section_number":"4.1-101.010","catch_line":"Exemption of Authority from personnel and procurement procedures; information systems; etc","url":"\/4.1-101.010\/","token":"4.1\/I\/1\/4.1-101.010","metadata":false},{"id":57706,"structure_id":13259,"section_number":"4.1-101.011","catch_line":"Reversion to the Commonwealth","url":"\/4.1-101.011\/","token":"4.1\/I\/1\/4.1-101.011","metadata":false},{"id":75389,"structure_id":13259,"section_number":"4.1-101.02","catch_line":"Appointment, salary, and powers of Chief Executive Officer; appointment of confidential assistant to the Chief Executive Officer","url":"\/4.1-101.02\/","token":"4.1\/I\/1\/4.1-101.02","metadata":false},{"id":80581,"structure_id":13259,"section_number":"4.1-101.03","catch_line":"Background investigations of Board members and Chief Executive Officer","url":"\/4.1-101.03\/","token":"4.1\/I\/1\/4.1-101.03","metadata":false},{"id":74090,"structure_id":13259,"section_number":"4.1-101.04","catch_line":"Financial interests of Board, employees, and family members prohibited","url":"\/4.1-101.04\/","token":"4.1\/I\/1\/4.1-101.04","metadata":false},{"id":70232,"structure_id":13259,"section_number":"4.1-101.05","catch_line":"Employees of the Authority","url":"\/4.1-101.05\/","token":"4.1\/I\/1\/4.1-101.05","metadata":false},{"id":85741,"structure_id":13259,"section_number":"4.1-101.06","catch_line":"Moneys of Authority","url":"\/4.1-101.06\/","token":"4.1\/I\/1\/4.1-101.06","metadata":false},{"id":57800,"structure_id":13259,"section_number":"4.1-101.07","catch_line":"Forms of accounts and records; audit; annual report","url":"\/4.1-101.07\/","token":"4.1\/I\/1\/4.1-101.07","metadata":false},{"id":83425,"structure_id":13259,"section_number":"4.1-101.08","catch_line":"Leases of property","url":"\/4.1-101.08\/","token":"4.1\/I\/1\/4.1-101.08","metadata":false},{"id":79173,"structure_id":13259,"section_number":"4.1-101.09","catch_line":"Exemptions from taxes or assessments","url":"\/4.1-101.09\/","token":"4.1\/I\/1\/4.1-101.09","metadata":false},{"id":59656,"structure_id":13259,"section_number":"4.1-101.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail; electronic communications as alternative to regular mail; limitation","url":"\/4.1-101.1\/","token":"4.1\/I\/1\/4.1-101.1","metadata":false},{"id":77392,"structure_id":13259,"section_number":"4.1-102","catch_line":"Repealed","url":"\/4.1-102\/","token":"4.1\/I\/1\/4.1-102","metadata":false},{"id":67902,"structure_id":13259,"section_number":"4.1-103","catch_line":"General powers of Board","url":"\/4.1-103\/","token":"4.1\/I\/1\/4.1-103","metadata":false},{"id":75212,"structure_id":13259,"section_number":"4.1-103.01","catch_line":"Additional powers; access to certain tobacco sales records; inspections; penalty","url":"\/4.1-103.01\/","token":"4.1\/I\/1\/4.1-103.01","metadata":false},{"id":73215,"structure_id":13259,"section_number":"4.1-103.02","catch_line":"Additional powers; substance abuse prevention; Virginia Institutions of Higher Education Substance Use Advisory Committee established","url":"\/4.1-103.02\/","token":"4.1\/I\/1\/4.1-103.02","metadata":false},{"id":61167,"structure_id":13259,"section_number":"4.1-103.03","catch_line":"Additional powers; mediation; alternative dispute resolution; confidentiality","url":"\/4.1-103.03\/","token":"4.1\/I\/1\/4.1-103.03","metadata":false},{"id":64998,"structure_id":13259,"section_number":"4.1-103.1","catch_line":"Criminal history records check required on certain employees; reimbursement of costs","url":"\/4.1-103.1\/","token":"4.1\/I\/1\/4.1-103.1","metadata":false},{"id":69388,"structure_id":13259,"section_number":"4.1-104","catch_line":"Purchases by the Board","url":"\/4.1-104\/","token":"4.1\/I\/1\/4.1-104","metadata":false},{"id":86288,"structure_id":13259,"section_number":"4.1-105","catch_line":"Police power of members, agents and employees of Board","url":"\/4.1-105\/","token":"4.1\/I\/1\/4.1-105","metadata":false},{"id":72518,"structure_id":13259,"section_number":"4.1-106","catch_line":"Liability of Board members; suits by and against Board","url":"\/4.1-106\/","token":"4.1\/I\/1\/4.1-106","metadata":false},{"id":54256,"structure_id":13259,"section_number":"4.1-107","catch_line":"Counsel for members, agents and employees of Board","url":"\/4.1-107\/","token":"4.1\/I\/1\/4.1-107","metadata":false},{"id":74236,"structure_id":13259,"section_number":"4.1-108","catch_line":"Hearings; representation by counsel","url":"\/4.1-108\/","token":"4.1\/I\/1\/4.1-108","metadata":false},{"id":65831,"structure_id":13259,"section_number":"4.1-109","catch_line":"Hearings; allowances to witnesses","url":"\/4.1-109\/","token":"4.1\/I\/1\/4.1-109","metadata":false},{"id":83427,"structure_id":13259,"section_number":"4.1-110","catch_line":"Purchase orders of Board for alcoholic beverages","url":"\/4.1-110\/","token":"4.1\/I\/1\/4.1-110","metadata":false},{"id":67886,"structure_id":13259,"section_number":"4.1-111","catch_line":"Regulations of Board","url":"\/4.1-111\/","token":"4.1\/I\/1\/4.1-111","metadata":false},{"id":83178,"structure_id":13259,"section_number":"4.1-112","catch_line":"Regulations relating to transportation of beer and wine coolers","url":"\/4.1-112\/","token":"4.1\/I\/1\/4.1-112","metadata":false},{"id":73820,"structure_id":13259,"section_number":"4.1-112.1","catch_line":"Repealed","url":"\/4.1-112.1\/","token":"4.1\/I\/1\/4.1-112.1","metadata":false},{"id":73363,"structure_id":13259,"section_number":"4.1-112.2","catch_line":"Outdoor advertising; limitations; variances; compliance with Title 33.2","url":"\/4.1-112.2\/","token":"4.1\/I\/1\/4.1-112.2","metadata":false},{"id":84178,"structure_id":13259,"section_number":"4.1-113","catch_line":"Board not to regulate certain advertising in the interiors of retail establishments","url":"\/4.1-113\/","token":"4.1\/I\/1\/4.1-113","metadata":false},{"id":85335,"structure_id":13259,"section_number":"4.1-113.1","catch_line":"Outdoor advertising; compliance with Title 33.2","url":"\/4.1-113.1\/","token":"4.1\/I\/1\/4.1-113.1","metadata":false},{"id":81493,"structure_id":13259,"section_number":"4.1-114","catch_line":"Annual review of operations of certain mixed beverage licensees","url":"\/4.1-114\/","token":"4.1\/I\/1\/4.1-114","metadata":false},{"id":68919,"structure_id":13259,"section_number":"4.1-115","catch_line":"Reports and accounting systems of Board; auditing books and records","url":"\/4.1-115\/","token":"4.1\/I\/1\/4.1-115","metadata":false},{"id":59758,"structure_id":13259,"section_number":"4.1-116","catch_line":"Disposition of moneys collected by Board; creation of Enterprise Fund; reserve fund","url":"\/4.1-116\/","token":"4.1\/I\/1\/4.1-116","metadata":false},{"id":65028,"structure_id":13259,"section_number":"4.1-117","catch_line":"Disposition of net profits to localities","url":"\/4.1-117\/","token":"4.1\/I\/1\/4.1-117","metadata":false},{"id":80535,"structure_id":13259,"section_number":"4.1-118","catch_line":"Certain information not to be made public","url":"\/4.1-118\/","token":"4.1\/I\/1\/4.1-118","metadata":false},{"id":77346,"structure_id":13259,"section_number":"4.1-119","catch_line":"Operation of government stores","url":"\/4.1-119\/","token":"4.1\/I\/1\/4.1-119","metadata":false},{"id":76836,"structure_id":13259,"section_number":"4.1-119.1","catch_line":"Human trafficking hotline; posted notice required","url":"\/4.1-119.1\/","token":"4.1\/I\/1\/4.1-119.1","metadata":false},{"id":59854,"structure_id":13259,"section_number":"4.1-120","catch_line":"When government stores closed","url":"\/4.1-120\/","token":"4.1\/I\/1\/4.1-120","metadata":false},{"id":67331,"structure_id":13259,"section_number":"4.1-121","catch_line":"Referendum on establishment of government stores","url":"\/4.1-121\/","token":"4.1\/I\/1\/4.1-121","metadata":false},{"id":82996,"structure_id":13259,"section_number":"4.1-122","catch_line":"Effect of local option referenda","url":"\/4.1-122\/","token":"4.1\/I\/1\/4.1-122","metadata":false},{"id":82559,"structure_id":13259,"section_number":"4.1-123","catch_line":"Referendum on Sunday wine and beer sales; exception","url":"\/4.1-123\/","token":"4.1\/I\/1\/4.1-123","metadata":false},{"id":70468,"structure_id":13259,"section_number":"4.1-124","catch_line":"Referendum on the sale of mixed beverages","url":"\/4.1-124\/","token":"4.1\/I\/1\/4.1-124","metadata":false},{"id":73204,"structure_id":13259,"section_number":"4.1-125","catch_line":"Section 4.1-124 applicable to certain towns","url":"\/4.1-125\/","token":"4.1\/I\/1\/4.1-125","metadata":false},{"id":55386,"structure_id":13259,"section_number":"4.1-126","catch_line":"Repealed","url":"\/4.1-126\/","token":"4.1\/I\/1\/4.1-126","metadata":false},{"id":86921,"structure_id":13259,"section_number":"4.1-127","catch_line":"Contests of local option referenda","url":"\/4.1-127\/","token":"4.1\/I\/1\/4.1-127","metadata":false},{"id":76354,"structure_id":13259,"section_number":"4.1-128","catch_line":"Local ordinances or resolutions regulating or taxing alcoholic beverages","url":"\/4.1-128\/","token":"4.1\/I\/1\/4.1-128","metadata":false},{"id":58360,"structure_id":13259,"section_number":"4.1-129","catch_line":"Local ordinances regulating time of sale of wine and beer","url":"\/4.1-129\/","token":"4.1\/I\/1\/4.1-129","metadata":false},{"id":69875,"structure_id":13259,"section_number":"4.1-130","catch_line":"Importation of beverages not under customs or internal revenue bonds; storage in approved warehouses; release","url":"\/4.1-130\/","token":"4.1\/I\/1\/4.1-130","metadata":false},{"id":61322,"structure_id":13259,"section_number":"4.1-131","catch_line":"Importation of beverages under customs bonds and holding in warehouses; release","url":"\/4.1-131\/","token":"4.1\/I\/1\/4.1-131","metadata":false},{"id":85843,"structure_id":13259,"section_number":"4.1-132","catch_line":"Transportation into or within Commonwealth under internal revenue bond and holding in warehouses; release","url":"\/4.1-132\/","token":"4.1\/I\/1\/4.1-132","metadata":false},{"id":77909,"structure_id":13259,"section_number":"4.1-133","catch_line":"Bailment system of warehousing; prohibited fees and charges","url":"\/4.1-133\/","token":"4.1\/I\/1\/4.1-133","metadata":false}],"next_section":{"id":54605,"structure_id":13259,"section_number":"4.1-101","catch_line":"Virginia Alcoholic Beverage Control Authority created; public purpose","url":"\/4.1-101\/","token":"4.1\/I\/1\/4.1-101","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-100\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 36 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 1952, chapter 496; in 1954, chapter 682; in 1962, chapter 533; in 1968, chapter 7; in 1970, chapters 302 and 309; in 1974, chapters 460 and 497; in 1975, chapter 408; in 1976, chapters 64 and 702; in 1977, chapter 280; in 1980, chapters 324 and 490; in 1983, chapter 340; in 1984, chapter 200; in 1985, chapters 448 and 457; in 1988, chapter 261; in 1990, chapters 707 and 932; in 1991, chapter 426; in 1993, chapters 190, 866, and 910; in 1995, chapters 497<\/a>, 518<\/a>, and 661<\/a>; in 1996, chapters 558<\/a> and 604<\/a>; in 1997, chapters 124<\/a> and 425<\/a>; in 1999, chapters 93<\/a>, 171<\/a>, and 481<\/a>; in 2000, chapters 786<\/a>, 1037<\/a>, and 1052<\/a>; in 2005, chapter 911<\/a>; in 2006, chapter 714<\/a>; in 2007, chapters 101<\/a>, 295<\/a>, 454<\/a>, and 558<\/a>; in 2008, chapters 198<\/a>, 513<\/a>, and 875<\/a>; in 2013, chapters 107<\/a> and 117<\/a>; in 2014, chapters 124<\/a> and 510<\/a>; in 2015, chapters 25<\/a>, 38<\/a>, 54<\/a>, 288<\/a>, 348<\/a>, 730<\/a>, and 735<\/a>; in 2016, chapters 324<\/a> and 710<\/a>; in 2017, chapters 152<\/a>, 157<\/a>, 160<\/a>, 492<\/a>, 585<\/a>, and 741<\/a>; in 2018, chapter 337<\/a>; in 2019, chapters 37<\/a>, 178<\/a>, 466<\/a>, and 628<\/a>; in 2020, chapters 755<\/a>, 1009<\/a>, 1010<\/a>, 1113<\/a>, and 1114<\/a>; in 2023, chapter 731<\/a>; in 2024, chapters 111<\/a>, 255<\/a>, 619<\/a>, 622<\/a>, and 627<\/a>.<\/p>","references":[{"id":70089,"section_number":"1-404","catch_line":"Licensing sale of mixed alcoholic beverages on lands ceded to or owned by United States","order_by":null,"url":"\/1-404\/"},{"id":78415,"section_number":"10.1-1425.23","catch_line":"Exemptions","order_by":null,"url":"\/10.1-1425.23\/"},{"id":56622,"section_number":"18.2-308.012","catch_line":"Prohibited conduct","order_by":null,"url":"\/18.2-308.012\/"},{"id":77776,"section_number":"2.2-511","catch_line":"Criminal cases","order_by":null,"url":"\/2.2-511\/"},{"id":69296,"section_number":"3.2-102","catch_line":"General powers and duties of the Commissioner","order_by":null,"url":"\/3.2-102\/"},{"id":55712,"section_number":"3.2-3000","catch_line":"Definitions","order_by":null,"url":"\/3.2-3000\/"},{"id":69092,"section_number":"3.2-3007","catch_line":"Definitions","order_by":null,"url":"\/3.2-3007\/"},{"id":56545,"section_number":"3.2-5116","catch_line":"Metal beverage containers with detachable metal pull tabs","order_by":null,"url":"\/3.2-5116\/"},{"id":71341,"section_number":"4.1-206.3","catch_line":"Retail licenses","order_by":null,"url":"\/4.1-206.3\/"},{"id":86530,"section_number":"51.1-212","catch_line":"Definitions","order_by":null,"url":"\/51.1-212\/"},{"id":85777,"section_number":"58.1-1101","catch_line":"Classification","order_by":null,"url":"\/58.1-1101\/"},{"id":79607,"section_number":"58.1-3505","catch_line":"Classification of farm animals, certain grains, agricultural products, farm machinery, farm implements and equipment; governing body may exempt","order_by":null,"url":"\/58.1-3505\/"},{"id":79478,"section_number":"58.1-3507","catch_line":"Certain machinery and tools segregated for local taxation only; notice prior to change in valuation, hearing","order_by":null,"url":"\/58.1-3507\/"},{"id":74770,"section_number":"58.1-3833","catch_line":"County food and beverage tax","order_by":null,"url":"\/58.1-3833\/"},{"id":58233,"section_number":"65.2-107","catch_line":"Post-traumatic stress disorder, anxiety disorder, or depressive disorder incurred by law-enforcement officers and firefighters","order_by":null,"url":"\/65.2-107\/"},{"id":59437,"section_number":"65.2-402","catch_line":"Presumption as to death or disability from respiratory disease, hypertension or heart disease, cancer","order_by":null,"url":"\/65.2-402\/"},{"id":85102,"section_number":"65.2-402.1","catch_line":"Presumption as to death or disability from infectious disease","order_by":null,"url":"\/65.2-402.1\/"}],"refers_to":[{"id":81829,"section_number":"15.2-983","catch_line":"Creation of registry for short-term rental of property","order_by":null,"url":"\/15.2-983\/"},{"id":84355,"section_number":"18.2-340.15","catch_line":"State control of charitable gaming","order_by":null,"url":"\/18.2-340.15\/"},{"id":86288,"section_number":"4.1-105","catch_line":"Police power of members, agents and employees of Board","order_by":null,"url":"\/4.1-105\/"},{"id":71341,"section_number":"4.1-206.3","catch_line":"Retail licenses","order_by":null,"url":"\/4.1-206.3\/"},{"id":67187,"section_number":"4.1-219","catch_line":"Limitations on Class I, II, III, and IV farm wineries","order_by":null,"url":"\/4.1-219\/"},{"id":69421,"section_number":"4.1-236","catch_line":"Excise tax on beer and wine coolers; payment of tax; exceptions","order_by":null,"url":"\/4.1-236\/"},{"id":70585,"section_number":"46.2-2000","catch_line":"Definitions","order_by":null,"url":"\/46.2-2000\/"},{"id":67888,"section_number":"58.1-4030","catch_line":"Definitions","order_by":null,"url":"\/58.1-4030\/"}],"permalink":{"id":218575,"object_type":"law","relational_id":55602,"identifier":"4.1-100","token":"4.1\/I\/1\/4.1-100","url":"\/4.1-100\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-100\/","token":"4.1\/I\/1\/4.1-100","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-100","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this subtitle unless the context requires a different meaning:\n\t\t“Alcohol” means the product known as ethyl or grain alcohol obtained by distillation of any fermented liquor, rectified either once or more often, whatever the origin, and shall include synthetic ethyl alcohol, but shall not include methyl alcohol and alcohol completely denatured in accordance with formulas approved by the government of the United States.\n\t\t“Alcohol vaporizing device<\/span>” means any device, machine, or process that mixes any alcoholic beverages with pure oxygen or other gas to produce a vaporized product for the purpose of consumption by inhalation.\n\t\t“Alcoholic beverages” includes alcohol, spirits<\/span>, wine, and beer, and any one or more of such varieties containing one-half of one percent or more of alcohol by volume, including mixed alcoholic beverages<\/span>, and every liquid or solid, powder or crystal, patented or not, containing alcohol, spirits<\/span>, wine, or beer and capable of being consumed by a human being. Any liquid or solid containing more than one of the four varieties shall be considered as belonging to that variety which has the higher percentage of alcohol, however obtained, according to the order<\/span> in which they are set forth in this definition; except that beer may be manufactured to include flavoring materials<\/span> and other nonbeverage ingredients containing alcohol, as long as no more than 49 percent of the overall alcohol content of the finished product is derived from the addition of flavors and other nonbeverage ingredients containing alcohol for products with an alcohol content of no more than six percent by volume; or, in the case of products with an alcohol content of more than six percent by volume, as long as no more than one and one-half percent of the volume of the finished product consists of alcohol derived from added flavors and other nonbeverage ingredients containing alcohol.\n\t\t“Arts venue<\/span>” means a commercial or nonprofit establishment that is open to the public and in which works of art are sold or displayed.\n\t\t“Authority<\/span>” means the Virginia Alcoholic Beverage Control Authority<\/span> created pursuant to this subtitle.\n\t\t“Barrel<\/span>” means any container<\/span> or vessel having a capacity of more than 43 ounces.\n\t\t“Bed and breakfast establishment<\/span>” means any establishment (i) having no more than 15 bedrooms; (ii) offering to the public, for compensation, transitory lodging or sleeping accommodations; and (iii) offering at least one meal per day, which may but need not be breakfast, to each person to whom overnight lodging is provided. For purposes of the licensing requirements of this subtitle, “bed and breakfast establishment<\/span>” includes any property offered to the public for short-term rental, as that term is defined in \u00a7 15.2-983<\/a>, other than a hotel<\/span> as defined in this section, regardless of whether a meal is offered to each person to whom overnight lodging is provided.\n\t\t“Beer” means any alcoholic beverage obtained by the fermentation of an infusion or decoction of barley, malt, and hops or of any similar products in drinkable water and containing one-half of one percent or more of alcohol by volume.\n\t\t“Board<\/span>” means the Board<\/span> of Directors of the Virginia Alcoholic Beverage Control Authority<\/span>.\n\t\t“Bottle<\/span>” means any vessel intended to contain liquids and having a capacity of not more than 43 ounces.\n\t\t“Bus<\/span>” means a motor vehicle that (i) is operated by a common carrier licensed<\/span> under Chapter 20 (\u00a7 46.2-2000<\/a> et seq.) of Title 46.2 to transport passengers for compensation over the highways of the Commonwealth on regular or irregular routes of not less than 100 miles, (ii) seats no more than 24 passengers, (iii) is 40 feet in length or longer, (iv) offers wireless Internet services, (v) is equipped with charging stations at every seat for cellular phones or other portable devices, and (vi) during the transportation of passengers, is staffed by an attendant who has satisfied all training requirements set forth in this subtitle or Board<\/span> regulation.\n\t\t“Club” means any private nonprofit corporation or association which is the owner, lessee, or occupant of an establishment operated solely for a national, social, patriotic, political, athletic, or other like purpose, but not for pecuniary gain, the advantages of which belong to all of the members. It also means the establishment so operated. A corporation or association shall not lose its status as a club because of the conduct of charitable gaming conducted pursuant to Article 1.1:1 (\u00a7 18.2-340.15<\/a> et seq.) of Chapter 8 of Title 18.2 in which nonmembers participate frequently or in large numbers, provided that no alcoholic beverages are served or consumed in the room where such charitable gaming is being conducted while such gaming is being conducted and that no alcoholic beverages are made available upon the premises to any person who is neither a member nor a bona fide guest of a member.\n\t\tAny such corporation or association which has been declared exempt from federal and state income taxes as one which is not organized and operated for pecuniary gain or profit shall be deemed a nonprofit corporation or association.\n\t\t“Commercial lifestyle center<\/span>” means a mixed-use commercial development covering a minimum of 10 acres of land and having at least 100,000 square feet of retail space featuring national specialty chain stores and a combination of dining, entertainment, office, residential, or hotel<\/span> establishments<\/span> located in a physically integrated outdoor setting that is pedestrian friendly and that is governed by a commercial owners’ association that is responsible for the management, maintenance, and operation of the common areas thereof.\n\t\t“Container<\/span>” means any barrel<\/span>, bottle<\/span>, carton, keg, vessel, or other receptacle used for holding alcoholic beverages.\n\t\t“Contract winemaking facility<\/span>” means the premises of a licensed<\/span> winery or farm winery<\/span> that obtains grapes, fruits, and other agricultural products from a person holding a winery or farm winery<\/span> license and crushes, processes, ferments, bottles<\/span>, or provides any combination of such services pursuant to an agreement with the winery or farm winery<\/span> licensee<\/span>. For all purposes of this subtitle, wine produced by a contract winemaking facility<\/span> for a winery or farm winery<\/span> shall be considered to be wine owned and produced by the winery or farm winery<\/span> that supplied the grapes, fruits, or other agricultural products used in the production of the wine. The contract winemaking facility<\/span> shall have no right to sell<\/span> the wine so produced, unless the terms of payment have not been fulfilled in accordance with the contract. The contract winemaking facility<\/span> may charge the winery or farm winery<\/span> for its services. A winery licensee<\/span> may utilize contract winemaking services only for the manufacture or processing of wine of which no less than 90 percent of the grapes, fruits, and other agricultural products used to make such wine are grown in the Commonwealth.\n\t\t“Convenience grocery store<\/span>” means an establishment that (i) has an enclosed room in a permanent structure where stock is displayed and offered for sale<\/span> and (ii) maintains an inventory of edible items intended for human consumption consisting of a variety of such items of the types normally sold in grocery stores<\/span>.\n\t\t“Culinary lodging resort<\/span>” means a facility (i) having not less than 13 overnight guest rooms in a building that has at least 20,000 square feet of indoor floor space; (ii) located on a farm in the Commonwealth with at least 1,000 acres of land zoned agricultural<\/span>; (iii) equipped with a full-service kitchen; and (iv) offering to the public, for compensation, at least one meal per day, lodging, and recreational and educational activities related to farming, livestock, and other rural activities.\n\t\t“Delicatessen<\/span>” means an establishment that sells<\/span> a variety of prepared foods or foods requiring little preparation, such as cheeses, salads, cooked meats, and related condiments.\n\t\t“Designated area<\/span>” means a room or area approved by the Board<\/span> for on-premises licensees<\/span>.\n\t\t“Dining area<\/span>” means a public room or area in which meals are regularly served.\n\t\t“Drugstore<\/span>” means an establishment that sells<\/span> medicines prepared by a licensed<\/span> pharmacist pursuant to a prescription and other medicines and items for home and general use.\n\t\t“Establishment” means any place where alcoholic beverages of one or more varieties are lawfully manufactured, sold, or used.\n\t\t“Farm winery<\/span>” means (i) an establishment or cooperative<\/span> located in the Commonwealth on land zoned agricultural<\/span> that has (a) a vineyard, orchard, or similar growing area that produces fruits or other agricultural products used to manufacture the wine of such farm winery<\/span>, subject to the requirements set forth in \u00a7 4.1-219<\/a>, and (b) facilities for fermenting and bottling wine on the premises where such farm winery<\/span> manufactures wine that contains not more than 21 percent alcohol by volume or (ii) an accredited public or private institution of higher education, provided that (a) no wine manufactured by the institution shall be sold, (b) the wine manufactured by the institution shall be used solely for research and educational purposes, (c) the wine manufactured by the institution shall be stored on the premises of such farm winery<\/span> that shall be separate and apart from all other facilities of the institution, and (d) such farm winery<\/span> is operated in strict conformance with the requirements of this clause (ii) and Board<\/span> regulations. As used in this definition, the term “cooperative<\/span>” means a cooperative<\/span> formed by an association of individuals for the purpose of manufacturing wine. In determining whether a cooperative<\/span> licensed<\/span> as a farm winery<\/span> has met the requirements set forth in clause (i), the Board<\/span> shall consider all land in the Commonwealth that is owned or leased by a member of the cooperative<\/span>. For purposes of this definition, “land zoned agricultural<\/span>” means (1) land zoned as an agricultural district or classification or (2) land otherwise permitted by a locality for farm winery<\/span> use. For purposes of this definition, “land zoned agricultural<\/span>” does not include land zoned “residential conservation.” Except for the limitation on land zoned “residential conservation,” nothing in the definition of “land zoned agricultural<\/span>” shall otherwise limit or affect local zoning authority<\/span>.\n\t\t“Gift shop<\/span>” means any bona fide retail store selling, predominantly, gifts, books, souvenirs, specialty items relating to history, original and handmade arts and products, collectibles, crafts, and floral arrangements, which is open to the public on a regular basis. Such shop shall be a permanent structure where stock is displayed and offered for sale<\/span> and which has facilities to properly secure any stock of wine or beer. Such shop may be located (i) on the premises or grounds of a government registered national, state or local historic building or site or (ii) within the premises of a museum. The Board<\/span> shall consider the purpose, characteristics, nature, and operation of the shop in determining whether it shall be considered a gift shop<\/span>.\n\t\t“Gourmet brewing shop<\/span>” means an establishment which sells<\/span> to persons to whom wine or beer may lawfully be sold, ingredients for making wine or brewing beer, including packaging, and rents to such persons facilities for manufacturing, fermenting and bottling such wine or beer.\n\t\t“Gourmet oyster house<\/span>” means an establishment that (i) is located on the premises of a commercial marina, (ii) is permitted by the Department of Health to serve oysters and other fresh seafood for consumption on the premises, and (iii) offers to the public events for the purpose of featuring and educating the consuming public about local oysters and other seafood products.\n\t\t“Gourmet shop<\/span>” means an establishment provided with adequate inventory, shelving, and storage facilities, where, in consideration of payment, substantial amounts of domestic and imported wines<\/span> and beers<\/span> of various types and sizes and related products such as cheeses and gourmet foods are habitually furnished to persons.\n\t\t“Government store<\/span>” means a store established by the Authority<\/span> for the sale<\/span> of alcoholic beverages.\n\t\t“Grocery store” means an establishment that sells<\/span> food and other items intended for human consumption, including a variety of ingredients commonly used in the preparation of meals.\n\t\t“Historic cinema house<\/span>” means a nonprofit establishment exempt from taxation under \u00a7 501(c)(3) of the Internal Revenue Code that was built prior to 1970 and that exists for the primary purpose of showing motion<\/span> pictures to the public.\n\t\t“Hotel<\/span>” means any duly licensed<\/span> establishment, provided with special space and accommodation, where, in consideration of payment, food and lodging are habitually furnished to persons, and which has four or more bedrooms. It shall also mean the person who operates such hotel<\/span>.\n\t\t“Interdicted person<\/span>” means a person to whom the sale<\/span> of alcoholic beverages is prohibited by order<\/span> pursuant to this subtitle.\n\t\t“Internet wine and beer retailer<\/span>” means a person who owns or operates an establishment with adequate inventory, shelving, and storage facilities, where, in consideration of payment, Internet or telephone orders<\/span> are taken and shipped directly to consumers and which establishment is not a retail store open to the public.\n\t\t“Intoxicated<\/span>” means a condition in which a person has drunk enough alcoholic beverages to observably affect his manner, disposition<\/span>, speech, muscular movement, general appearance<\/span>, or behavior.\n\t\t“Licensed<\/span>” means the holding of a valid license granted by the Authority<\/span>.\n\t\t“Licensee<\/span>” means any person to whom a license has been granted by the Authority<\/span>.\n\t\t“Liqueur<\/span>” means any of a class of highly flavored alcoholic beverages that do not exceed an alcohol content of 25 percent by volume.\n\t\t“Low alcohol beverage cooler<\/span>” means a drink containing one-half of one percent or more of alcohol by volume, but not more than seven and one-half percent alcohol by volume, and consisting of spirits<\/span> mixed with nonalcoholic beverages or flavoring or coloring materials<\/span>; it may also contain water, fruit juices, fruit adjuncts, sugar, carbon dioxide, preservatives or other similar products manufactured by fermenting fruit or fruit juices. Low alcohol beverage coolers<\/span> shall be treated as wine for all purposes of this subtitle, except that low alcohol beverage coolers<\/span> may be manufactured by a licensed<\/span> distiller or a distiller located outside the Commonwealth.\n\t\t“Marina store<\/span>” means an establishment that is located on the same premises as a marina, is operated by the owner of such marina, and sells<\/span> food and nautical and fishing supplies.\n\t\t“Meals” means, for a mixed beverage<\/span> license, an assortment of foods commonly ordered in bona fide, full-service restaurants<\/span> as principal meals of the day. Such restaurants<\/span> shall include establishments<\/span> specializing in full course meals with a single substantial entree.\n\t\t“Member of a club<\/span>” means (i) a person who maintains his membership in the club by the payment of monthly, quarterly, or annual dues in the manner established by the rules and regulations thereof or (ii) a person who is a member of a bona fide auxiliary, local chapter, or squadron composed of direct lineal descendants of a bona fide member, whether alive or deceased, of a national or international organization to which an individual lodge holding a club license is an authorized member in the same locality. It shall also mean a lifetime member whose financial contribution is not less than 10 times the annual dues of resident members of the club, the full amount of such contribution being paid in advance in a lump sum.\n\t\t“Mixed beverage<\/span>” or “mixed alcoholic beverage<\/span>” means a drink composed in whole or in part of spirits<\/span>.\n\t\t“Mixer<\/span>” means any prepackaged ingredients containing beverages or flavoring or coloring materials<\/span>, and which may also contain water, fruit juices, fruit adjuncts, sugar, carbon dioxide, or preservatives which are not commonly consumed unless combined with alcoholic beverages, whether or not such ingredients contain alcohol. Such specialty beverage product shall be manufactured or distributed by a Virginia corporation.\n\t\t“Municipal golf course<\/span>” means any golf course that is owned by any town incorporated in 1849 and which is the county seat of Smyth County.\n\t\t“Performing arts facility<\/span>” means an indoor or outdoor amphitheater, arena, multipurpose theater, or similar facility at which live musical, dance, theatre, or similar performances, the types of which are approved by the Authority<\/span>, are performed, provided that the facility has stationary stadium or similar seating for more than 500 persons.\n\t\t“Place or premises<\/span>” means the real estate, together with any buildings or other improvements thereon, designated in the application for a license as the place at which the manufacture, bottling, distribution, use or sale<\/span> of alcoholic beverages shall be performed, except that portion of any such building or other improvement actually and exclusively used as a private residence<\/span>.\n\t\t“Principal stockholder<\/span>” means any person who individually or in concert with his spouse and immediate family members beneficially owns or controls, directly or indirectly, five percent or more of the equity<\/span> ownership of any person that is a licensee<\/span> of the Authority<\/span>, or who in concert with his spouse and immediate family members has the power to vote or cause the vote of five percent or more of any such equity<\/span> ownership. “Principal stockholder<\/span>” does not include a broker-dealer registered under the Securities Exchange Act of 1934, as amended, that holds in inventory shares for sale<\/span> on the financial markets for a publicly traded corporation holding, directly or indirectly, a license from the Authority<\/span>.\n\t\t“Public place<\/span>” means any place, building, or conveyance to which the public has, or is permitted to have, access, including restaurants<\/span>, soda fountains, hotel<\/span> dining areas<\/span>, lobbies and corridors of hotels<\/span>, and any park, place of public resort or amusement, highway, street, lane, or sidewalk adjoining any highway, street, or lane.\n\t\t“Public place<\/span>” does not include (i) hotel<\/span> or restaurant<\/span> dining areas<\/span> or ballrooms while in use for private meetings or private parties limited in attendance to members and guests of a particular group, association or organization; (ii) restaurants<\/span> licensed<\/span> by the Authority<\/span> in office buildings or industrial or similar facilities while such restaurant<\/span> is closed to the public and in use for private meetings or parties limited in attendance to employees and nonpaying guests of the owner or a lessee of all or part of such building or facility; (iii) offices, office buildings or industrial facilities while closed to the public and in use for private meetings or parties limited in attendance to employees and nonpaying guests of the owner or a lessee of all or part of such building or facility; or (iv) private recreational or chartered boats which are not licensed<\/span> by the Board<\/span> and on which alcoholic beverages are not sold.\n\t\t“Residence<\/span>” means any building or part of a building or structure where a person resides, but does not include any part of a building that is not actually and exclusively used as a private residence<\/span>, nor any part of a hotel<\/span> or club other than a private guest room thereof.\n\t\t“Resort complex<\/span>” means a facility (i) with a hotel<\/span> owning year-round sports and recreational facilities located contiguously on the same property; (ii) owned by a nonstock, nonprofit, taxable corporation with voluntary membership which, as its primary function, makes available golf, ski, and other recreational facilities both to its members and to the general public; or (iii) operated by a corporation that operates as a management company which, as its primary function, makes available (a) vacation accommodations, guest rooms, or dwelling units and (b) golf, ski, and other recreational facilities to members of the managed entities and the general public. The hotel<\/span> or corporation shall have or manage a minimum of 140 private guest rooms or dwelling units contained on not less than 50 acres, whether or not contiguous to the licensed<\/span> premises; if the guest rooms or dwelling units are located on property that is not contiguous to the licensed<\/span> premises, such guest rooms and dwelling units shall be located within the same locality. The Authority<\/span> may consider the purpose, characteristics, and operation of the applicant establishment in determining whether it shall be considered as a resort complex<\/span>. All other pertinent qualifications established by the Board<\/span> for a hotel<\/span> operation shall be observed by such licensee<\/span>.\n\t\t“Restaurant<\/span>” means, for a wine and beer license or a limited mixed beverage<\/span> restaurant<\/span> license, any establishment provided with special space and accommodation, where, in consideration of payment, meals or other foods prepared on the premises are regularly sold.\n\t\t“Restaurant<\/span>” means, for a mixed beverage<\/span> license other than a limited mixed beverage<\/span> restaurant<\/span> license, an established place of business (i) where meals with substantial entrees are regularly sold and (ii) which has adequate facilities and sufficient employees for cooking, preparing, and serving such meals for consumption at tables in dining areas<\/span> on the premises, and includes establishments<\/span> specializing in full course meals with a single substantial entree.\n\t\t“Sale<\/span>” and “sell<\/span>” includes soliciting or receiving an order<\/span> for; keeping, offering or exposing for sale<\/span>; peddling, exchanging or bartering; or delivering otherwise than gratuitously, by any means, alcoholic beverages.\n\t\t“Sangria<\/span>” means a drink consisting of red or white wine mixed with some combination of sweeteners, fruit, fruit juice, soda, or soda water that may also be mixed with brandy, triple sec, or other similar spirits<\/span>.\n\t\t“Special agent<\/span>” means an employee of the Virginia Alcoholic Beverage Control Authority<\/span> whom the Board<\/span> has designated as a law<\/span>-enforcement officer pursuant to \u00a7 4.1-105<\/a>.\n\t\t“Special event<\/span>” means an event sponsored by a duly organized nonprofit corporation or association and conducted for an athletic, charitable, civic, educational, political, or religious purpose.\n\t\t“Spirits<\/span>” means any beverage that contains alcohol obtained by distillation mixed with drinkable water and other substances, in solution, and includes, among other things, brandy, rum, whiskey, and gin, or any one or more of the last four named ingredients, but shall not include any such liquors completely denatured in accordance with formulas approved by the United States government.\n\t\t“Sports facility<\/span>” means a coliseum, stadium, racetrack, or similar facility at which professional sports, as defined in \u00a7 58.1-4030<\/a>, or similar events, the types of which are approved by the Authority<\/span>, are conducted.\n\t\t“Wine” means any alcoholic beverage, including cider, obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing (i) sugar, including honey and milk, either with or without additional sugar; (ii) one-half of one percent or more of alcohol by volume; and (iii) no product of distillation. “Wine” includes any wine to which wine spirits<\/span> have been added, as provided in the Internal Revenue Code, to make products commonly known as “fortified wine<\/span>” which do not exceed an alcohol content of 21 percent by volume.\n\t\t“Wine cooler<\/span>” means a drink containing one-half of one percent or more of alcohol by volume, and not more than three and two-tenths percent of alcohol by weight or four percent by volume consisting of wine mixed with nonalcoholic beverages or flavoring or coloring materials<\/span>, and which may also contain water, fruit juices, fruit adjuncts, sugar, carbon dioxide, or preservatives and shall include other similar products manufactured by fermenting fruit or fruit juices. Wine coolers<\/span> and similar fermented fruit juice beverages shall be treated as wine for all purposes except for taxation under \u00a7 4.1-236<\/a>.\n\t\t“With or without meals<\/span>” means the selling and serving of alcoholic beverages by retail licensees<\/span> for on-premises consumption whether or not accompanied by food so long as the total food-beverage ratio required by \u00a7 4.1-206.3<\/a>, or the monthly food sale<\/span> requirement established by Board<\/span> regulation, is met by such retail licensee<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 4.1-100)\n\nAs used in this subtitle unless the context requires a different meaning:\n\t\t“Alcohol” means the product known as ethyl or grain alcohol\nobtained by distillation of any fermented liquor, rectified either once or more\noften, whatever the origin, and shall include synthetic ethyl alcohol, but shall\nnot include methyl alcohol and alcohol completely denatured in accordance with\nformulas approved by the government of the United States.\n\t\t“Alcohol vaporizing device” means any device, machine, or process\nthat mixes any alcoholic beverages with pure oxygen or other gas to produce a\nvaporized product for the purpose of consumption by inhalation.\n\t\t“Alcoholic beverages” includes alcohol, spirits, wine, and beer,\nand any one or more of such varieties containing one-half of one percent or more\nof alcohol by volume, including mixed alcoholic beverages, and every liquid or\nsolid, powder or crystal, patented or not, containing alcohol, spirits, wine, or\nbeer and capable of being consumed by a human being. Any liquid or solid\ncontaining more than one of the four varieties shall be considered as belonging\nto that variety which has the higher percentage of alcohol, however obtained,\naccording to the order in which they are set forth in this definition; except\nthat beer may be manufactured to include flavoring materials and other\nnonbeverage ingredients containing alcohol, as long as no more than 49 percent\nof the overall alcohol content of the finished product is derived from the\naddition of flavors and other nonbeverage ingredients containing alcohol for\nproducts with an alcohol content of no more than six percent by volume; or, in\nthe case of products with an alcohol content of more than six percent by volume,\nas long as no more than one and one-half percent of the volume of the finished\nproduct consists of alcohol derived from added flavors and other nonbeverage\ningredients containing alcohol.\n\t\t“Arts venue” means a commercial or nonprofit establishment that is\nopen to the public and in which works of art are sold or displayed.\n\t\t“Authority” means the Virginia Alcoholic Beverage Control\nAuthority created pursuant to this subtitle.\n\t\t“Barrel” means any container or vessel having a capacity of more\nthan 43 ounces.\n\t\t“Bed and breakfast establishment” means any establishment (i)\nhaving no more than 15 bedrooms; (ii) offering to the public, for compensation,\ntransitory lodging or sleeping accommodations; and (iii) offering at least one\nmeal per day, which may but need not be breakfast, to each person to whom\novernight lodging is provided. For purposes of the licensing requirements of\nthis subtitle, “bed and breakfast establishment” includes any\nproperty offered to the public for short-term rental, as that term is defined in\n\u00a7 15.2-983, other than a hotel as defined in this section, regardless of\nwhether a meal is offered to each person to whom overnight lodging is provided.\n\t\t“Beer” means any alcoholic beverage obtained by the fermentation\nof an infusion or decoction of barley, malt, and hops or of any similar products\nin drinkable water and containing one-half of one percent or more of alcohol by\nvolume.\n\t\t“Board” means the Board of Directors of the Virginia Alcoholic\nBeverage Control Authority.\n\t\t“Bottle” means any vessel intended to contain liquids and having a\ncapacity of not more than 43 ounces.\n\t\t“Bus” means a motor vehicle that (i) is operated by a common\ncarrier licensed under Chapter 20 (\u00a7 46.2-2000 et seq.) of Title 46.2 to\ntransport passengers for compensation over the highways of the Commonwealth on\nregular or irregular routes of not less than 100 miles, (ii) seats no more than\n24 passengers, (iii) is 40 feet in length or longer, (iv) offers wireless\nInternet services, (v) is equipped with charging stations at every seat for\ncellular phones or other portable devices, and (vi) during the transportation of\npassengers, is staffed by an attendant who has satisfied all training\nrequirements set forth in this subtitle or Board regulation.\n\t\t“Club” means any private nonprofit corporation or association\nwhich is the owner, lessee, or occupant of an establishment operated solely for\na national, social, patriotic, political, athletic, or other like purpose, but\nnot for pecuniary gain, the advantages of which belong to all of the members. It\nalso means the establishment so operated. A corporation or association shall not\nlose its status as a club because of the conduct of charitable gaming conducted\npursuant to Article 1.1:1 (\u00a7 18.2-340.15 et seq.) of Chapter 8 of Title 18.2 in\nwhich nonmembers participate frequently or in large numbers, provided that no\nalcoholic beverages are served or consumed in the room where such charitable\ngaming is being conducted while such gaming is being conducted and that no\nalcoholic beverages are made available upon the premises to any person who is\nneither a member nor a bona fide guest of a member.\n\t\tAny such corporation or association which has been declared exempt from\nfederal and state income taxes as one which is not organized and operated for\npecuniary gain or profit shall be deemed a nonprofit corporation or association.\n\t\t“Commercial lifestyle center” means a mixed-use commercial\ndevelopment covering a minimum of 10 acres of land and having at least 100,000\nsquare feet of retail space featuring national specialty chain stores and a\ncombination of dining, entertainment, office, residential, or hotel\nestablishments located in a physically integrated outdoor setting that is\npedestrian friendly and that is governed by a commercial owners’\nassociation that is responsible for the management, maintenance, and operation\nof the common areas thereof.\n\t\t“Container” means any barrel, bottle, carton, keg, vessel, or\nother receptacle used for holding alcoholic beverages.\n\t\t“Contract winemaking facility” means the premises of a licensed\nwinery or farm winery that obtains grapes, fruits, and other agricultural\nproducts from a person holding a winery or farm winery license and crushes,\nprocesses, ferments, bottles, or provides any combination of such services\npursuant to an agreement with the winery or farm winery licensee. For all\npurposes of this subtitle, wine produced by a contract winemaking facility for a\nwinery or farm winery shall be considered to be wine owned and produced by the\nwinery or farm winery that supplied the grapes, fruits, or other agricultural\nproducts used in the production of the wine. The contract winemaking facility\nshall have no right to sell the wine so produced, unless the terms of payment\nhave not been fulfilled in accordance with the contract. The contract winemaking\nfacility may charge the winery or farm winery for its services. A winery\nlicensee may utilize contract winemaking services only for the manufacture or\nprocessing of wine of which no less than 90 percent of the grapes, fruits, and\nother agricultural products used to make such wine are grown in the\nCommonwealth.\n\t\t“Convenience grocery store” means an establishment that (i) has an\nenclosed room in a permanent structure where stock is displayed and offered for\nsale and (ii) maintains an inventory of edible items intended for human\nconsumption consisting of a variety of such items of the types normally sold in\ngrocery stores.\n\t\t“Culinary lodging resort” means a facility (i) having not less\nthan 13 overnight guest rooms in a building that has at least 20,000 square feet\nof indoor floor space; (ii) located on a farm in the Commonwealth with at least\n1,000 acres of land zoned agricultural; (iii) equipped with a full-service\nkitchen; and (iv) offering to the public, for compensation, at least one meal\nper day, lodging, and recreational and educational activities related to\nfarming, livestock, and other rural activities.\n\t\t“Delicatessen” means an establishment that sells a variety of\nprepared foods or foods requiring little preparation, such as cheeses, salads,\ncooked meats, and related condiments.\n\t\t“Designated area” means a room or area approved by the Board for\non-premises licensees.\n\t\t“Dining area” means a public room or area in which meals are\nregularly served.\n\t\t“Drugstore” means an establishment that sells medicines prepared\nby a licensed pharmacist pursuant to a prescription and other medicines and\nitems for home and general use.\n\t\t“Establishment” means any place where alcoholic beverages of one\nor more varieties are lawfully manufactured, sold, or used.\n\t\t“Farm winery” means (i) an establishment or cooperative located in\nthe Commonwealth on land zoned agricultural that has (a) a vineyard, orchard, or\nsimilar growing area that produces fruits or other agricultural products used to\nmanufacture the wine of such farm winery, subject to the requirements set forth\nin \u00a7 4.1-219, and (b) facilities for fermenting and bottling wine on the\npremises where such farm winery manufactures wine that contains not more than 21\npercent alcohol by volume or (ii) an accredited public or private institution of\nhigher education, provided that (a) no wine manufactured by the institution\nshall be sold, (b) the wine manufactured by the institution shall be used solely\nfor research and educational purposes, (c) the wine manufactured by the\ninstitution shall be stored on the premises of such farm winery that shall be\nseparate and apart from all other facilities of the institution, and (d) such\nfarm winery is operated in strict conformance with the requirements of this\nclause (ii) and Board regulations. As used in this definition, the term\n“cooperative” means a cooperative formed by an association of\nindividuals for the purpose of manufacturing wine. In determining whether a\ncooperative licensed as a farm winery has met the requirements set forth in\nclause (i), the Board shall consider all land in the Commonwealth that is owned\nor leased by a member of the cooperative. For purposes of this definition,\n“land zoned agricultural” means (1) land zoned as an agricultural\ndistrict or classification or (2) land otherwise permitted by a locality for\nfarm winery use. For purposes of this definition, “land zoned\nagricultural” does not include land zoned “residential\nconservation.” Except for the limitation on land zoned “residential\nconservation,” nothing in the definition of “land zoned\nagricultural” shall otherwise limit or affect local zoning authority.\n\t\t“Gift shop” means any bona fide retail store selling,\npredominantly, gifts, books, souvenirs, specialty items relating to history,\noriginal and handmade arts and products, collectibles, crafts, and floral\narrangements, which is open to the public on a regular basis. Such shop shall be\na permanent structure where stock is displayed and offered for sale and which\nhas facilities to properly secure any stock of wine or beer. Such shop may be\nlocated (i) on the premises or grounds of a government registered national,\nstate or local historic building or site or (ii) within the premises of a\nmuseum. The Board shall consider the purpose, characteristics, nature, and\noperation of the shop in determining whether it shall be considered a gift shop.\n\t\t“Gourmet brewing shop” means an establishment which sells to\npersons to whom wine or beer may lawfully be sold, ingredients for making wine\nor brewing beer, including packaging, and rents to such persons facilities for\nmanufacturing, fermenting and bottling such wine or beer.\n\t\t“Gourmet oyster house” means an establishment that (i) is located\non the premises of a commercial marina, (ii) is permitted by the Department of\nHealth to serve oysters and other fresh seafood for consumption on the premises,\nand (iii) offers to the public events for the purpose of featuring and educating\nthe consuming public about local oysters and other seafood products.\n\t\t“Gourmet shop” means an establishment provided with adequate\ninventory, shelving, and storage facilities, where, in consideration of payment,\nsubstantial amounts of domestic and imported wines and beers of various types\nand sizes and related products such as cheeses and gourmet foods are habitually\nfurnished to persons.\n\t\t“Government store” means a store established by the Authority for\nthe sale of alcoholic beverages.\n\t\t“Grocery store” means an establishment that sells food and other\nitems intended for human consumption, including a variety of ingredients\ncommonly used in the preparation of meals.\n\t\t“Historic cinema house” means a nonprofit establishment exempt\nfrom taxation under \u00a7 501(c)(3) of the Internal Revenue Code that was built\nprior to 1970 and that exists for the primary purpose of showing motion pictures\nto the public.\n\t\t“Hotel” means any duly licensed establishment, provided with\nspecial space and accommodation, where, in consideration of payment, food and\nlodging are habitually furnished to persons, and which has four or more\nbedrooms. It shall also mean the person who operates such hotel.\n\t\t“Interdicted person” means a person to whom the sale of alcoholic\nbeverages is prohibited by order pursuant to this subtitle.\n\t\t“Internet wine and beer retailer” means a person who owns or\noperates an establishment with adequate inventory, shelving, and storage\nfacilities, where, in consideration of payment, Internet or telephone orders are\ntaken and shipped directly to consumers and which establishment is not a retail\nstore open to the public.\n\t\t“Intoxicated” means a condition in which a person has drunk enough\nalcoholic beverages to observably affect his manner, disposition, speech,\nmuscular movement, general appearance, or behavior.\n\t\t“Licensed” means the holding of a valid license granted by the\nAuthority.\n\t\t“Licensee” means any person to whom a license has been granted by\nthe Authority.\n\t\t“Liqueur” means any of a class of highly flavored alcoholic\nbeverages that do not exceed an alcohol content of 25 percent by volume.\n\t\t“Low alcohol beverage cooler” means a drink containing one-half of\none percent or more of alcohol by volume, but not more than seven and one-half\npercent alcohol by volume, and consisting of spirits mixed with nonalcoholic\nbeverages or flavoring or coloring materials; it may also contain water, fruit\njuices, fruit adjuncts, sugar, carbon dioxide, preservatives or other similar\nproducts manufactured by fermenting fruit or fruit juices. Low alcohol beverage\ncoolers shall be treated as wine for all purposes of this subtitle, except that\nlow alcohol beverage coolers may be manufactured by a licensed distiller or a\ndistiller located outside the Commonwealth.\n\t\t“Marina store” means an establishment that is located on the same\npremises as a marina, is operated by the owner of such marina, and sells food\nand nautical and fishing supplies.\n\t\t“Meals” means, for a mixed beverage license, an assortment of\nfoods commonly ordered in bona fide, full-service restaurants as principal meals\nof the day. Such restaurants shall include establishments specializing in full\ncourse meals with a single substantial entree.\n\t\t“Member of a club” means (i) a person who maintains his membership\nin the club by the payment of monthly, quarterly, or annual dues in the manner\nestablished by the rules and regulations thereof or (ii) a person who is a\nmember of a bona fide auxiliary, local chapter, or squadron composed of direct\nlineal descendants of a bona fide member, whether alive or deceased, of a\nnational or international organization to which an individual lodge holding a\nclub license is an authorized member in the same locality. It shall also mean a\nlifetime member whose financial contribution is not less than 10 times the\nannual dues of resident members of the club, the full amount of such\ncontribution being paid in advance in a lump sum.\n\t\t“Mixed beverage” or “mixed alcoholic beverage” means a\ndrink composed in whole or in part of spirits.\n\t\t“Mixer” means any prepackaged ingredients containing beverages or\nflavoring or coloring materials, and which may also contain water, fruit juices,\nfruit adjuncts, sugar, carbon dioxide, or preservatives which are not commonly\nconsumed unless combined with alcoholic beverages, whether or not such\ningredients contain alcohol. Such specialty beverage product shall be\nmanufactured or distributed by a Virginia corporation.\n\t\t“Municipal golf course” means any golf course that is owned by any\ntown incorporated in 1849 and which is the county seat of Smyth County.\n\t\t“Performing arts facility” means an indoor or outdoor\namphitheater, arena, multipurpose theater, or similar facility at which live\nmusical, dance, theatre, or similar performances, the types of which are\napproved by the Authority, are performed, provided that the facility has\nstationary stadium or similar seating for more than 500 persons.\n\t\t“Place or premises” means the real estate, together with any\nbuildings or other improvements thereon, designated in the application for a\nlicense as the place at which the manufacture, bottling, distribution, use or\nsale of alcoholic beverages shall be performed, except that portion of any such\nbuilding or other improvement actually and exclusively used as a private\nresidence.\n\t\t“Principal stockholder” means any person who individually or in\nconcert with his spouse and immediate family members beneficially owns or\ncontrols, directly or indirectly, five percent or more of the equity ownership\nof any person that is a licensee of the Authority, or who in concert with his\nspouse and immediate family members has the power to vote or cause the vote of\nfive percent or more of any such equity ownership. “Principal\nstockholder” does not include a broker-dealer registered under the\nSecurities Exchange Act of 1934, as amended, that holds in inventory shares for\nsale on the financial markets for a publicly traded corporation holding,\ndirectly or indirectly, a license from the Authority.\n\t\t“Public place” means any place, building, or conveyance to which\nthe public has, or is permitted to have, access, including restaurants, soda\nfountains, hotel dining areas, lobbies and corridors of hotels, and any park,\nplace of public resort or amusement, highway, street, lane, or sidewalk\nadjoining any highway, street, or lane.\n\t\t“Public place” does not include (i) hotel or restaurant dining\nareas or ballrooms while in use for private meetings or private parties limited\nin attendance to members and guests of a particular group, association or\norganization; (ii) restaurants licensed by the Authority in office buildings or\nindustrial or similar facilities while such restaurant is closed to the public\nand in use for private meetings or parties limited in attendance to employees\nand nonpaying guests of the owner or a lessee of all or part of such building or\nfacility; (iii) offices, office buildings or industrial facilities while closed\nto the public and in use for private meetings or parties limited in attendance\nto employees and nonpaying guests of the owner or a lessee of all or part of\nsuch building or facility; or (iv) private recreational or chartered boats which\nare not licensed by the Board and on which alcoholic beverages are not sold.\n\t\t“Residence” means any building or part of a building or structure\nwhere a person resides, but does not include any part of a building that is not\nactually and exclusively used as a private residence, nor any part of a hotel or\nclub other than a private guest room thereof.\n\t\t“Resort complex” means a facility (i) with a hotel owning\nyear-round sports and recreational facilities located contiguously on the same\nproperty; (ii) owned by a nonstock, nonprofit, taxable corporation with\nvoluntary membership which, as its primary function, makes available golf, ski,\nand other recreational facilities both to its members and to the general public;\nor (iii) operated by a corporation that operates as a management company which,\nas its primary function, makes available (a) vacation accommodations, guest\nrooms, or dwelling units and (b) golf, ski, and other recreational facilities to\nmembers of the managed entities and the general public. The hotel or corporation\nshall have or manage a minimum of 140 private guest rooms or dwelling units\ncontained on not less than 50 acres, whether or not contiguous to the licensed\npremises; if the guest rooms or dwelling units are located on property that is\nnot contiguous to the licensed premises, such guest rooms and dwelling units\nshall be located within the same locality. The Authority may consider the\npurpose, characteristics, and operation of the applicant establishment in\ndetermining whether it shall be considered as a resort complex. All other\npertinent qualifications established by the Board for a hotel operation shall be\nobserved by such licensee.\n\t\t“Restaurant” means, for a wine and beer license or a limited mixed\nbeverage restaurant license, any establishment provided with special space and\naccommodation, where, in consideration of payment, meals or other foods prepared\non the premises are regularly sold.\n\t\t“Restaurant” means, for a mixed beverage license other than a\nlimited mixed beverage restaurant license, an established place of business (i)\nwhere meals with substantial entrees are regularly sold and (ii) which has\nadequate facilities and sufficient employees for cooking, preparing, and serving\nsuch meals for consumption at tables in dining areas on the premises, and\nincludes establishments specializing in full course meals with a single\nsubstantial entree.\n\t\t“Sale” and “sell” includes soliciting or receiving an\norder for; keeping, offering or exposing for sale; peddling, exchanging or\nbartering; or delivering otherwise than gratuitously, by any means, alcoholic\nbeverages.\n\t\t“Sangria” means a drink consisting of red or white wine mixed with\nsome combination of sweeteners, fruit, fruit juice, soda, or soda water that may\nalso be mixed with brandy, triple sec, or other similar spirits.\n\t\t“Special agent” means an employee of the Virginia Alcoholic\nBeverage Control Authority whom the Board has designated as a law-enforcement\nofficer pursuant to \u00a7 4.1-105.\n\t\t“Special event” means an event sponsored by a duly organized\nnonprofit corporation or association and conducted for an athletic, charitable,\ncivic, educational, political, or religious purpose.\n\t\t“Spirits” means any beverage that contains alcohol obtained by\ndistillation mixed with drinkable water and other substances, in solution, and\nincludes, among other things, brandy, rum, whiskey, and gin, or any one or more\nof the last four named ingredients, but shall not include any such liquors\ncompletely denatured in accordance with formulas approved by the United States\ngovernment.\n\t\t“Sports facility” means a coliseum, stadium, racetrack, or similar\nfacility at which professional sports, as defined in \u00a7 58.1-4030, or similar\nevents, the types of which are approved by the Authority, are conducted.\n\t\t“Wine” means any alcoholic beverage, including cider, obtained by\nthe fermentation of the natural sugar content of fruits or other agricultural\nproducts containing (i) sugar, including honey and milk, either with or without\nadditional sugar; (ii) one-half of one percent or more of alcohol by volume; and\n(iii) no product of distillation. “Wine” includes any wine to which\nwine spirits have been added, as provided in the Internal Revenue Code, to make\nproducts commonly known as “fortified wine” which do not exceed an\nalcohol content of 21 percent by volume.\n\t\t“Wine cooler” means a drink containing one-half of one percent or\nmore of alcohol by volume, and not more than three and two-tenths percent of\nalcohol by weight or four percent by volume consisting of wine mixed with\nnonalcoholic beverages or flavoring or coloring materials, and which may also\ncontain water, fruit juices, fruit adjuncts, sugar, carbon dioxide, or\npreservatives and shall include other similar products manufactured by\nfermenting fruit or fruit juices. Wine coolers and similar fermented fruit juice\nbeverages shall be treated as wine for all purposes except for taxation under \u00a7\n4.1-236.\n\t\t“With or without meals” means the selling and serving of alcoholic\nbeverages by retail licensees for on-premises consumption whether or not\naccompanied by food so long as the total food-beverage ratio required by \u00a7\n4.1-206.3, or the monthly food sale requirement established by Board regulation,\nis met by such retail licensee.\n\nHISTORY: Code 1950, \u00a7\u00a7 4-2, 4-99; 1952, c. 496; 1954, c. 682; 1962, c. 533;\n1968, c. 7, \u00a7 4-98.1; 1970, cc. 302, 309; 1974, cc. 460, 497; 1975, c. 408;\n1976, cc. 64, 702; 1977, c. 280; 1980, cc. 324, 490; 1983, c. 340; 1984, c. 200;\n1985, cc. 448, 457; 1988, c. 261, \u00a7 4-127; 1990, cc. 707, 932; 1991, c. 426;\n1993, cc. 190, 866, 910; 1995, cc. 497, 518, 661; 1996, cc. 558, 604; 1997, cc.\n124, 425; 1999, cc. 93, 171, 481; 2000, cc. 786, 1037, 1052; 2005, c. 911; 2006,\nc. 714; 2007, cc. 101, 295, 454, 558; 2008, cc. 198, 513, 875; 2013, cc. 107,\n117; 2014, cc. 124, 510; 2015, cc. 25, 38, 54, 288, 348, 730, 735; 2016, cc.\n324, 710; 2017, cc. 152, 157, 160, 492, 585, 741; 2018, c. 337; 2019, cc. 37,\n178, 466, 628; 2020, cc. 755, 1009, 1010, 1113, 1114; 2023, c. 731; 2024, cc.\n111, 255, 619, 622, 627.","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}}