{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-206.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-206.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-206.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-206.3.html"}],"law_id":71341,"edition_id":1,"section_id":71341,"structure_id":14859,"section_number":"4.1-206.3","catch_line":"Retail licenses","history":"2020, cc. 15, 16, 32, 34, 400, 1009, 1113, 1114, 1179; 2020, Sp. Sess. I, c. 34; 2021, Sp. Sess. I, cc. 182, 281, 282, 390, 391; 2022, cc. 78, 79, 589, 590; 2023, cc. 408, 409; 2024, cc. 105, 111, 159, 255, 619, 622, 627.","full_text":"A\n\nThe Board may grant the following mixed beverages licenses:1\n\nMixed beverage restaurant licenses, which shall authorize the licensee to sell and serve mixed beverages for on-premises consumption in dining areas and other designated areas of such restaurant or off-premises consumption. Such license may be granted only to persons (i) who operate a restaurant and (ii) whose gross receipts from the sale of food cooked, or prepared, and consumed on the premises and nonalcoholic beverages served on the premises, after issuance of such license, amount to at least 45 percent of the gross receipts from the sale of mixed beverages and food. For the purposes of this subdivision, other designated areas shall include outdoor dining areas, whether or not contiguous to the licensed premises, which outdoor dining areas may have more than one means of ingress and egress to an adjacent public thoroughfare, provided such areas are under the control of the licensee and approved by the Board. Such noncontiguous designated areas shall not be approved for any retail license issued pursuant to subdivision A 5 of § 4.1-201.\n\t\t\t\tIf the restaurant is located on the premises of a hotel or motel with no fewer than four permanent bedrooms where food and beverage service is customarily provided by the restaurant in designated areas, bedrooms, and other private rooms of such hotel or motel, such licensee may (a) sell and serve mixed beverages for on-premises consumption in such designated areas, bedrooms, and other private rooms or off-premises consumption and (b) sell spirits packaged in original closed containers purchased from the Board for on-premises consumption to registered guests and at scheduled functions of such hotel or motel only in such bedrooms or private rooms. However, with regard to a hotel classified as a resort complex, the Board may authorize the sale and on-premises consumption of alcoholic beverages in all areas within the resort complex deemed appropriate by the Board. Nothing herein shall prohibit any person from keeping and consuming his own lawfully acquired spirits in bedrooms or private rooms.\n\t\t\t\tIf the restaurant is located on the premises of and operated by a private, nonprofit, or profit club exclusively for its members and their guests, or members of another private, nonprofit, or profit club in another city with which it has an agreement for reciprocal dining privileges, such license shall also authorize the licensees to (1) sell and serve mixed beverages for on-premises or off-premises consumption and (2) sell spirits that are packaged in original closed containers with a maximum capacity of two fluid ounces or 50 milliliters and purchased from the Board for on-premises consumption. Where such club prepares no food in its restaurant but purchases its food requirements from a restaurant licensed by the Board and located on another portion of the premises of the same hotel or motel building, this fact shall not prohibit the granting of a license by the Board to such club qualifying in all other respects. The club’s gross receipts from the sale of nonalcoholic beverages consumed on the premises and food resold to its members and guests and consumed on the premises shall amount to at least 45 percent of its gross receipts from the sale of mixed beverages and food. The food sales made by a restaurant to such a club shall be excluded in any consideration of the qualifications of such restaurant for a license from the Board.\n\t\t\t\tIf the restaurant is located on the premises of and operated by a municipal golf course, the Board shall recognize the seasonal nature of the business and waive any applicable monthly food sales requirements for those months when weather conditions may reduce patronage of the golf course, provided that prepared food, including meals, is available to patrons during the same months. The gross receipts from the sale of food cooked, or prepared, and consumed on the premises and nonalcoholic beverages served on the premises, after the issuance of such license, shall amount to at least 45 percent of the gross receipts from the sale of mixed beverages and food on an annualized basis.\n\t\t\t\tIf the restaurant is located on the premises of and operated by a culinary lodging resort, such license shall authorize the licensee to (A) sell alcoholic beverages, without regard to the amount of gross receipts from the sale of food prepared and consumed on the premises, for off-premises consumption or for on-premises consumption in areas upon the licensed premises approved by the Board and other designated areas of the resort, including outdoor areas under the control of the licensee, and (B) permit the possession and consumption of lawfully acquired alc\n\t\t\t\tIf the restaurant is located on the premises of a mixed beverage casino licensee owned by an operator licensed under Article 3 (§ 58.1-4108 et seq.) of Chapter 41 of Title 58.1, such mixed beverage restaurant license shall authorize the licensee to sell alcoholic beverages for on-premises consumption on the licensed premises of the restaurant during all hours of operation of the mixed beverage casino licensee. Any alcoholic beverages purchased from such restaurant may be (I) taken onto the premises of the mixed beverage casino licensee and (II) possessed or consumed in areas designated by the Board, after consultation with the mixed beverage casino licensee. Designated areas may include any areas on the premises of the mixed beverage casino licensee, including entertainment venues, conference rooms, private rooms, hotels, pools, marinas, or green spaces. Alcoholic beverages purchased from a restaurant pursuant to this subdivision shall be contained in glassware or a paper, plastic, or similar disposable container that clearly displays the name or logo of the restaurant from which the alcoholic beverage was purchased.\n\t\t\t\tThe granting of a license pursuant to this subdivision shall automatically authorize the licensee to obtain a license to sell and serve wine and beer for on-premises consumption and in closed containers for off-premises consumption; however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1.2\n\nMixed beverage caterer’s licenses, which may be granted only to a person regularly engaged in the business of providing food and beverages to others for service at private gatherings or at special events, which shall authorize the licensee to sell and serve alcoholic beverages for on-premises consumption. The annual gross receipts from the sale of food cooked and prepared for service and nonalcoholic beverages served at gatherings and events referred to in this subdivision shall amount to at least 45 percent of the gross receipts from the sale of mixed beverages and food.3\n\nMixed beverage limited caterer’s licenses, which may be granted only to a person regularly engaged in the business of providing food and beverages to others for service at private gatherings or at special events, not to exceed 12 gatherings or events per year, which shall authorize the licensee to sell and serve alcoholic beverages for on-premises consumption. The annual gross receipts from the sale of food cooked and prepared for service and nonalcoholic beverages served at gatherings and events referred to in this subdivision shall amount to at least 45 percent of the gross receipts from the sale of mixed beverages and food.4\n\nMixed beverage carrier licenses to (i) persons operating a common carrier of passengers by train, boat, bus, or airplane, which shall authorize the licensee to sell and serve mixed beverages anywhere in the Commonwealth to passengers while in transit aboard any such common carrier, and in designated rooms of establishments of air carriers at airports in the Commonwealth and (ii) financial institutions, subsidiaries of a financial institution, or persons approved by the applicable airport authority that have entered into a contract with a financial institution or subsidiary of a financial institution to operate a passenger lounge, which shall authorize the licensee to sell and serve mixed beverages in designated areas of a passenger lounge for ticketed air carrier passengers that is located within an airport in the Commonwealth. For purposes of supplying its airplanes, as well as any airplanes of a licensed express carrier flying under the same brand, an air carrier licensee may appoint an authorized representative to load alcoholic beverages onto the same airplanes and to transport and store alcoholic beverages at or in close proximity to the airport where the alcoholic beverages will be delivered onto airplanes of the air carrier and any such licensed express carrier. The air carrier licensee shall (a) designate for purposes of its license all locations where the inventory of alcoholic beverages may be stored and from which the alcoholic beverages will be delivered onto airplanes of the air carrier and any such licensed express carrier and (b) maintain records of all alcoholic beverages to be transported, stored, and delivered by its authorized representative. The granting of a license pursuant to this subdivision shall automatically authorize the licensee to obtain a license to sell and serve wine and beer for on-premises consumption or in closed containers for off-premises consumption; however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1.\n\t\t\t\tFor the purposes of this subdivision:\n\t\t\t\t“Financial institution” means any bank, trust company, savings institution, industrial loan association, consumer finance company, or credit union.\n\t\t\t\t“Passenger lounge” means any restricted-access passenger waiting room or lounge leased to persons by the applicable airport authority in which food and beverage services are provided to ticketed passengers.5\n\nAnnual mixed beverage sports facility licenses to persons operating a sports facility or food concessions at a sports facility, which shall authorize the licensee to sell mixed beverages during any event and immediately subsequent thereto to patrons within all seating areas, concourses, walkways, concession areas, and additional locations designated by the Board (i) in closed containers for off-premises consumption or (ii) in paper, plastic, or similar disposable containers or in single original metal cans for on-premises consumption. Upon authorization of the licensee, any person may keep and consume his own lawfully acquired alcoholic beverages on the premises in all areas and locations covered by the license. The granting of a license pursuant to this subdivision shall automatically authorize the licensee to obtain a license to sell and serve wine and beer for on-premises consumption or in closed containers for off-premises consumption; however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1.6\n\nLimited mixed beverage restaurant licenses, which shall authorize the licensee to sell and serve dessert wines as defined by Board regulation and no more than six varieties of liqueurs, which liqueurs shall be combined with coffee or other nonalcoholic beverages, for on-premises consumption in dining areas of the restaurant or off-premises consumption. Such license may be granted only to persons who operate a restaurant and in no event shall the sale of such wine or liqueur-based drinks, together with the sale of any other alcoholic beverages, exceed 10 percent of the total annual gross sales of all food and alcoholic beverages. The granting of a license pursuant to this subdivision shall automatically authorize the licensee to obtain a license to sell and serve wine and beer for on-premises consumption or in closed containers for off-premises consumption; however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1.7\n\nAnnual mixed beverage performing arts facility licenses, which shall (i) authorize the licensee to sell, on the dates of performances or events, alcoholic beverages in paper, plastic, or similar disposable containers or in single original metal cans for on-premises consumption in all seating areas, concourses, walkways, concession areas, similar facilities, and other areas upon the licensed premises approved by the Board and (ii) automatically authorize the licensee to obtain a license to sell and serve wine and beer for on-premises consumption or in closed containers for off-premises consumption; however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1. Such licenses may be granted to persons operating a performing arts facility or food concessions at a performing arts facility.8\n\nCombined mixed beverage restaurant and caterer’s licenses, which may be granted to any restaurant or hotel that meets the qualifications for both a mixed beverage restaurant pursuant to subdivision 1 and mixed beverage caterer pursuant to subdivision 2 for the same business location, and which license shall authorize the licensee to operate as both a mixed beverage restaurant and mixed beverage caterer at the same business premises designated in the license, with a common alcoholic beverage inventory for purposes of the restaurant and catering operations. Such licensee shall meet the separate food qualifications established for the mixed beverage restaurant license pursuant to subdivision 1 and mixed beverage caterer’s license pursuant to subdivision 2. The granting of a license pursuant to this subdivision shall automatically authorize the licensee to obtain a license to sell and serve wine and beer for on-premises consumption or in closed containers for off-premises consumption; however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1.9\n\nBed and breakfast licenses, which shall authorize the licensee to (i) serve alcoholic beverages in dining areas, private guest rooms, and other designated areas to persons to whom overnight lodging is being provided, with or without meals, for on-premises consumption only in such rooms and areas, and without regard to the amount of gross receipts from the sale of food prepared and consumed on the premises and (ii) permit the consumption of lawfully acquired alcoholic beverages by persons to whom overnight lodging is being provided in (a) bedrooms or private guest rooms or (b) other designated areas of the bed and breakfast establishment. For purposes of this subdivision, “other designated areas” includes outdoor dining areas, whether or not contiguous to the licensed premises, which may have more than one means of ingress and egress to an adjacent public thoroughfare, provided that such outdoor dining areas are under the control of the licensee and approved by the Board. Such noncontiguous designated areas shall not be approved for any retail license issued pursuant to subdivision A 5 of § 4.1-201.10\n\nMuseum licenses, which may be issued to nonprofit museums exempt from taxation under § 501(c)(3) of the Internal Revenue Code, which shall authorize the licensee to (i) permit the consumption of lawfully acquired alcoholic beverages on the premises of the licensee by any bona fide member and guests thereof and (ii) serve alcoholic beverages on the premises of the licensee to any bona fide member and guests thereof. However, alcoholic beverages shall not be sold or charged for in any way by the licensee. The privileges of this license shall be limited to the premises of the museum, regularly occupied and utilized as such.11\n\nCommercial lifestyle center licenses, which may be issued only to a commercial owners’ association governing a commercial lifestyle center, which shall authorize any retail on-premises restaurant licensee that is a tenant of the commercial lifestyle center to sell alcoholic beverages to any bona fide customer to whom alcoholic beverages may be lawfully sold for consumption on that portion of the licensed premises of the commercial lifestyle center designated by the Board, including (i) plazas, seating areas, concourses, walkways, or such other similar areas and (ii) the premises of any tenant location of the commercial lifestyle center that is not a retail licensee of the Board, upon approval of such tenant, but excluding any parking areas. Only alcoholic beverages purchased from such retail on-premises restaurant licensees may be consumed on the licensed premises of the commercial lifestyle center, and such alcoholic beverages shall be contained in paper, plastic, or similar disposable containers with the name or logo of the restaurant licensee that sold the alcoholic beverage clearly displayed. Alcoholic beverages shall not be sold or charged for in any way by the commercial lifestyle center licensee. The licensee shall post appropriate signage clearly demarcating for the public the boundaries of the licensed premises; however, no physical barriers shall be required for this purpose. The licensee shall provide adequate security for the licensed premises to ensure compliance with the applicable provisions of this subtitle and Board regulations.12\n\nMixed beverage port restaurant licenses, which shall authorize the licensee to sell and serve mixed beverages for consumption in dining areas and other designated areas of such restaurant. Such license may be granted only to persons operating a business (i) that is primarily engaged in the sale of meals; (ii) that is located on property owned by the United States government or an agency thereof and used as a port of entry to or egress from the United States; and (iii) whose gross receipts from the sale of food cooked, or prepared, and consumed on the premises and nonalcoholic beverages served on the premises, after issuance of such license, amount to at least 45 percent of the gross receipts from the sale of mixed beverages and food. For the purposes of this subdivision, other designated areas shall include outdoor dining areas, whether or not contiguous to the licensed premises, which outdoor dining areas may have more than one means of ingress and egress to an adjacent public thoroughfare, provided such areas are under the control of the licensee and approved by the Board. Such noncontiguous designated areas shall not be approved for any retail license issued pursuant to subdivision A 5 of § 4.1-201. The granting of a license pursuant to this subdivision shall automatically authorize the licensee to obtain a license to sell and serve wine and beer for on-premises consumption or in closed containers for off-premises consumption; however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1.13\n\nAnnual mixed beverage special events licenses to (i) a duly organized nonprofit corporation or association operating either a performing arts facility or an art education and exhibition facility; (ii) a nonprofit corporation or association chartered by Congress for the preservation of sites, buildings, and objects significant in American history and culture; (iii) persons operating an agricultural event and entertainment park or similar facility that has a minimum of 50,000 square feet of indoor exhibit space and equine and other livestock show areas, which includes barns, pavilions, or other structures equipped with roofs, exterior walls, and open-door or closed-door access; or (iv) a locality for special events conducted on the premises of a museum for historic interpretation that is owned and operated by the locality. The operation in all cases shall be upon premises owned by such licensee or occupied under a bona fide lease, the original term of which was for more than one year’s duration. Such license shall authorize the licensee to sell alcoholic beverages during scheduled events and performances for on-premises consumption in areas upon the licensed premises approved by the Board.14\n\nMixed beverage casino licenses, which shall authorize the licensee to (i) sell and serve mixed beverages for on-premises consumption in areas designated by the Board, after consultation with the mixed beverage casino licensee, without regard to the amount of gross receipts from the sale of food prepared and consumed on the premises and (ii) provide complimentary mixed beverages to patrons for on-premises consumption in private areas or restricted access areas designated by the Board, after consultation with the mixed beverage casino licensee. Designated areas may include any areas on the premises of the mixed beverage casino licensee, including entertainment venues, private rooms, conference rooms, hotels, pools, marinas, or green spaces. The granting of a license pursuant to this subdivision shall authorize the licensee to obtain a license to sell and serve wine and beer for on-premises consumption and in closed containers for off-premises consumption in accordance with the provisions of this subdivision governing mixed beverages; however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1. Notwithstanding any law or regulation to the contrary, a mixed beverage casino licensee may exercise the privileges of its license as set forth in this subdivision during all hours of operation of the casino gaming establishment; however, such licensee shall not sell wine or beer for off-premises consumption between the hours of 12 a.m. and 6 a.m.\n\t\t\t\tA mixed beverage casino licensee may (a) provide patrons gifts of alcoholic beverages in closed containers for personal consumption off the licensed premises or in areas designated by the Board, after consultation with the mixed beverage casino licensee, and (b) enable patrons who participate in a loyalty or reward credit program to redeem credits for the purchase of alcoholic beverages for on-premises consumption. A summary of the operation of such loyalty or reward credit program shall be provided to the Board upon request.\n\t\t\t\tA mixed beverage casino license may only be issued to a casino gaming establishment owned by an operator licensed under Article 3 (§ 58.1-4108 et seq.) of Chapter 41 of Title 58.1.B\n\nThe Board may grant an on-and-off-premises wine and beer license to the following:1\n\nHotels, restaurants, and clubs, which shall authorize the licensee to sell wine and beer (i) in closed containers for off-premises consumption or (ii) for on-premises consumption, either with or without meals, in dining areas and other designated areas of such restaurants, or in dining areas, private guest rooms, and other designated areas of such hotels or clubs, for consumption only in such rooms and areas. However, with regard to a hotel classified by the Board as (a) a resort complex, the Board may authorize the sale and consumption of alcoholic beverages in all areas within the resort complex deemed appropriate by the Board or (b) a limited service hotel, the Board may authorize the sale and consumption of alcoholic beverages in dining areas, private guest rooms, and other designated areas to persons to whom overnight lodging is being provided, for on-premises consumption in such rooms or areas, and without regard to the amount of gross receipts from the sale of food prepared and consumed on the premises, provided that at least one meal is provided each day by the hotel to such guests. With regard to facilities registered in accordance with Chapter 49 (§ 38.2-4900 et seq.) of Title 38.2 as continuing care communities that are also licensed by the Board under this subdivision, any resident may, upon authorization of the licensee, keep and consume his own lawfully acquired alcoholic beverages on the premises in all areas covered by the license. For purposes of this subdivision, “other designated areas” includes outdoor dining areas, whether or not contiguous to the licensed premises, which may have more than one means of ingress and egress to an adjacent public thoroughfare, provided that such outdoor dining areas are under the control of the licensee and approved by the Board. Such noncontiguous designated areas shall not be approved for any retail license issued pursuant to subdivision A 5 of § 4.1-201.2\n\nHospitals, which shall authorize the licensee to sell wine and beer (i) in the rooms of patients for their on-premises consumption only in such rooms, provided the consent of the patient’s attending physician is first obtained or (ii) in closed containers for off-premises consumption.3\n\nRural grocery stores, which shall authorize the licensee to sell wine and beer for on-premises consumption or in closed containers for off-premises consumption. No license shall be granted unless (i) the grocery store is located in any town or in a rural area outside the corporate limits of any city or town and (ii) it appears affirmatively that a substantial public demand for such licensed establishment exists and that public convenience and the purposes of this subtitle will be promoted by granting the license.4\n\nColiseums, stadiums, and racetracks, which shall authorize the licensee to sell wine and beer during any event and immediately subsequent thereto to patrons within all seating areas, concourses, walkways, concession areas, and additional locations designated by the Board (i) in closed containers for off-premises consumption or (ii) in paper, plastic, or similar disposable containers or in single original metal cans for on-premises consumption. Upon authorization of the licensee, any person may keep and consume his own lawfully acquired alcoholic beverages on the premises in all areas and locations covered by the license. Such licenses may be granted to persons operating food concessions at coliseums, stadiums, racetracks, or similar facilities.5\n\nPerforming arts food concessionaires, which shall authorize the licensee to sell wine and beer during the performance of any event to patrons within all seating areas, concourses, walkways, or concession areas, or other areas approved by the Board (i) in closed containers for off-premises consumption or (ii) in paper, plastic, or similar disposable containers or in single original metal cans for on-premises consumption. Upon authorization of the licensee, any person may keep and consume his own lawfully acquired alcoholic beverages on the premises in all areas and locations covered by the license. Such licenses may be granted to persons operating food concessions at any performing arts facility.6\n\nExhibition halls, which shall authorize the licensee to sell wine and beer during the event to patrons or attendees within all seating areas, exhibition areas, concourses, walkways, concession areas, and such additional locations designated by the Board in such facilities (i) in closed containers for off-premises consumption or (ii) in paper, plastic, or similar disposable containers or in single original metal cans for on-premises consumption. Upon authorization of the licensee, any person may keep and consume his own lawfully acquired alcoholic beverages on the premises in all areas and locations covered by the license. Such licenses may be granted to persons operating food concessions at exhibition or exposition halls, convention centers, or similar facilities located in any county operating under the urban county executive form of government or any city that is completely surrounded by such county. For purposes of this subdivision, “exhibition or exposition hall” and “convention centers” mean facilities conducting private or public trade shows or exhibitions in an indoor facility having in excess of 100,000 square feet of floor space.7\n\nConcert and dinner-theaters, which shall authorize the licensee to sell wine and beer during events to patrons or attendees within all seating areas, exhibition areas, concourses, walkways, concession areas, dining areas, and such additional locations designated by the Board in such facilities, for on-premises consumption or in closed containers for off-premises consumption. Persons licensed pursuant to this subdivision shall serve food, prepared on or off premises, whenever wine or beer is served. Such licenses may be granted to persons operating concert or dinner-theater venues on property fronting Natural Bridge School Road in Natural Bridge Station and formerly operated as Natural Bridge High School.8\n\nHistoric cinema houses, which shall authorize the licensee to sell wine and beer, either with or without meals, during any showing of a motion picture to patrons to whom alcoholic beverages may be lawfully sold, for on-premises consumption or in closed containers for off-premises consumption. The privileges of this license shall be limited to the premises of the historic cinema house regularly occupied and utilized as such.9\n\nNonprofit museums, which shall authorize the licensee to sell wine and beer for on-premises consumption or in closed containers for off-premises consumption in areas approved by the Board. Such licenses may be granted to persons operating a nonprofit museum exempt from taxation under § 501(c)(3) of the Internal Revenue Code, located in the Town of Front Royal, and dedicated to educating the consuming public about historic beer products. The privileges of this license shall be limited to the premises of the museum, regularly occupied and utilized as such.C\n\nThe Board may grant the following off-premises wine and beer licenses:1\n\nRetail off-premises wine and beer licenses, which may be granted to a convenience grocery store, delicatessen, drugstore, gift shop, gourmet oyster house, gourmet shop, grocery store, or marina store as defined in § 4.1-100 and Board regulations. Such license shall authorize the licensee to sell wine and beer in closed containers for off-premises consumption and, notwithstanding the provisions of § 4.1-308, to give to any person to whom wine or beer may be lawfully sold a sample of wine or beer for on-premises consumption; however, no single sample shall exceed four ounces of beer or two ounces of wine and no more than 12 ounces of beer or five ounces of wine shall be served to any person per day. The licensee may also give samples of wine and beer in designated areas at events held by the licensee for the purpose of featuring and educating the consuming public about the alcoholic beverages being tasted. With the consent of the licensee, farm wineries, wineries, breweries, distillers, and wholesale licensees or authorized representatives of such licensees may participate in such tastings, including the pouring of samples. The licensee shall comply with any food inventory and sales volume requirements established by Board regulation.2\n\nGourmet brewing shop licenses, which shall authorize the licensee to sell to any person to whom wine or beer may be lawfully sold, ingredients for making wine or brewing beer, including packaging, and to rent to such persons facilities for manufacturing, fermenting, and bottling such wine or beer, for off-premises consumption in accordance with subdivision 6 of § 4.1-200.3\n\nConfectionery licenses, which shall authorize the licensee to prepare and sell on the licensed premises for off-premises consumption confectionery that contains five percent or less alcohol by volume. Any alcohol contained in such confectionery shall not be in liquid form at the time such confectionery is sold.D\n\nThe Board may grant the following banquet, special event, and tasting licenses:1\n\nPer-day event licenses.\n\t\t\t\ta. Banquet licenses to persons in charge of private banquets, and to duly organized nonprofit corporations or associations in charge of special events, which shall authorize the licensee to sell or give wine and beer in rooms or areas approved by the Board for the occasion for on-premises consumption in such rooms or areas. Licensees who are nonprofit corporations or associations conducting fundraisers (i) shall also be authorized to sell wine, as part of any fundraising activity, in closed containers for off-premises consumption to persons to whom wine may be lawfully sold; (ii) shall be limited to no more than one such fundraiser per year; and (iii) if conducting such fundraiser through an online meeting platform, may ship such wine, in accordance with Board regulations, in closed containers to persons located within the Commonwealth. Except as provided in § 4.1-215, a separate license shall be required for each day of each banquet or special event. For the purposes of this subdivision, when the location named in the original application for a license is outdoors, the application may also name an alternative location in the event of inclement weather. However, no such license shall be required of any hotel, restaurant, or club holding a retail wine and beer license.\n\t\t\t\tb. Mixed beverage special events licenses to a duly organized nonprofit corporation or association in charge of a special event, which shall authorize the licensee to sell and serve mixed beverages for on-premises consumption in areas approved by the Board on the premises of the place designated in the license. A separate license shall be required for each day of each special event.\n\t\t\t\tc. Mixed beverage club events licenses to a club holding a wine and beer club license, which shall authorize the licensee to sell and serve mixed beverages for on-premises consumption by club members and their guests in areas approved by the Board on the club premises. A separate license shall be required for each day of each club event. No more than 12 such licenses shall be granted to a club in any calendar year. The granting of a license pursuant to this subdivision shall automatically authorize the licensee to obtain a license to sell and serve wine and beer for on-premises consumption; however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1.\n\t\t\t\td. Tasting licenses, which shall authorize the licensee to sell or give samples of alcoholic beverages of the type specified in the license in designated areas at events held by the licensee. A tasting license shall be issued for the purpose of featuring and educating the consuming public about the alcoholic beverages being tasted. A separate license shall be required for each day of each tasting event. No tasting license shall be required for conduct authorized by § 4.1-201.1.2\n\nAnnual licenses.\n\t\t\t\ta. Annual banquet licenses to duly organized private nonprofit fraternal, patriotic, or charitable membership organizations that are exempt from state and federal taxation and in charge of banquets conducted exclusively for members and their guests, which shall authorize the licensee to serve wine and beer in rooms or areas approved by the Board for the occasion for on-premises consumption in such rooms or areas. Such license shall authorize the licensee to conduct no more than 12 banquets per calendar year. For the purposes of this subdivision, when the location named in the original application for a license is outdoors, the application may also name an alternative location in the event of inclement weather. However, no such license shall be required of any hotel, restaurant, or club holding a retail wine and beer license.\n\t\t\t\tb. Banquet facility licenses to volunteer fire departments and volunteer emergency medical services agencies, which shall authorize the licensee to permit the consumption of lawfully acquired alcoholic beverages on the premises of the licensee by any person, and bona fide members and guests thereof, otherwise eligible for a banquet license. However, lawfully acquired alcoholic beverages shall not be purchased or sold by the licensee or sold or charged for in any way by the person permitted to use the premises. Such premises shall be a volunteer fire or volunteer emergency medical services agency station or both, regularly occupied as such and recognized by the governing body of the county, city, or town in which it is located. Under conditions as specified by Board regulation, such premises may be other than a volunteer fire or volunteer emergency medical services agency station, provided such other premises are occupied and under the control of the volunteer fire department or volunteer emergency medical services agency while the privileges of its license are being exercised.\n\t\t\t\tc. Designated outdoor refreshment area licenses to a locality, business improvement district, or nonprofit organization, which shall authorize (i) the licensee to permit the consumption of alcoholic beverages within the area designated by the Board for the designated outdoor refreshment area and (ii) any permanent retail on-premises licensee that is located within the area designated by the Board for the designated outdoor refreshment area to sell alcoholic beverages within the permanent retail location for consumption in the area designated for the designated outdoor refreshment area, including sidewalks and the premises of businesses not licensed to sell alcoholic beverages at retail, upon approval of such businesses. In determining the designated area for the designated outdoor refreshment area, the Board shall consult with the locality. Designated outdoor refreshment area licensees shall be limited to 16 events per year, and the duration of any event shall not exceed three consecutive days. However, the Board may increase the frequency and duration of events after adoption of an ordinance by a locality requesting such increase in frequency and duration. Such ordinance shall include the size and scope of the area within which such events will be held, a public safety plan, and any other considerations deemed necessary by the Board. Such limitations on the number of events that may be held shall not apply during the effective dates of any rule, regulation, or order that is issued by the Governor or State Health Commissioner to meet a public health emergency and that effectively reduces allowable restaurant seating capacity; however, designated outdoor refreshment area licensees shall be subject to all other applicable provisions of this subtitle and Board regulations and shall provide notice to the Board regarding the days and times during which the privileges of the license will be exercised. Only alcoholic beverages purchased from permanent retail on-premises licensees located within the designated area may be consumed at the event, and such alcoholic beverages shall be contained in paper, plastic, or similar disposable containers that clearly display the name or logo of the retail on-premises licensee from which the alcoholic beverage was purchased. Alcoholic beverages shall not be sold or charged for in any way by the designated outdoor refreshment area licensee. The designated outdoor refreshment area licensee shall post appropriate signage clearly demarcating for the public the boundaries of the event; however, no physical barriers shall be required for this purpose. The designated outdoor refreshment area licensee shall provide adequate security for the event to ensure compliance with the applicable provisions of this subtitle and Board regulations.\n\t\t\t\td. Annual mixed beverage banquet licenses to duly organized private nonprofit fraternal, patriotic, or charitable membership organizations that are exempt from state and federal taxation and in charge of banquets conducted exclusively for members and their guests, which shall authorize the licensee to serve mixed beverages for on-premises consumption in areas approved by the Board on the premises of the place designated in the license. Such license shall authorize the licensee to conduct no more than 12 banquets per calendar year. The granting of a license pursuant to this subdivision shall automatically authorize the licensee to obtain a license to sell and serve wine and beer for on-premises consumption; however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1.\n\t\t\t\te. Equine sporting event licenses, which may be issued to organizations holding equestrian, hunt, and steeplechase events, which shall authorize the licensee to permit the consumption of lawfully acquired alcoholic beverages on the premises of the licensee by patrons thereof during such event. However, alcoholic beverages shall not be sold or charged for in any way by the licensee. The privileges of this license shall be (i) limited to the premises of the licensee, regularly occupied and utilized for equestrian, hunt, and steeplechase events, and (ii) exercised on no more than four calendar days per year.\n\t\t\t\tf. Annual arts venue event licenses, to persons operating an arts venue, which shall authorize the licensee participating in a community art walk that is open to the public to serve lawfully acquired wine or beer on the premises of the licensee to adult patrons thereof during such events. However, alcoholic beverages shall not be sold or charged for in any way, directly or indirectly, by the licensee, and the licensee shall not give more than two five-ounce glasses of wine or two 12-ounce glasses of beer to any one adult patron. The privileges of this license shall be (i) limited to the premises of the arts venue regularly occupied and used as such and (ii) exercised on no more than 12 calendar days per year.E\n\nThe Board may grant a marketplace license to persons operating a business enterprise of which the primary function is not the sale of alcoholic beverages, which shall authorize the licensee to serve complimentary wine or beer to bona fide customers on the licensed premises subject to any limitations imposed by the Board; however, the licensee shall not give more than two five-ounce glasses of wine or two 12-ounce glasses of beer to any customer per day, nor shall it sell or otherwise charge a fee to such customer for the wine or beer served or consumed. In order to be eligible for and retain a marketplace license, the applicant’s business enterprise must (i) provide a single category of goods or services in a manner intended to create a personalized experience for the customer; (ii) employ staff with expertise in such goods or services; (iii) be ineligible for any other license granted by the Board; (iv) have an alcoholic beverage control manager on the licensed premises at all times alcohol is served; (v) ensure that all employees satisfy any training requirements imposed by the Board; and (vi) purchase all wine and beer to be served from a licensed wholesaler or the Authority and retain purchase records as prescribed by the Board. In determining whether to grant a marketplace license, the Board shall consider (a) the average amount of time customers spend at the business; (b) the business’s hours of operation; (c) the amount of time that the business has been in operation; and (d) any other requirements deemed necessary by the Board to protect the public health, safety, and welfare.F\n\nThe Board may grant the following shipper, bottler, and related licenses:1\n\nWine and beer shipper licenses, which shall carry the privileges and limitations set forth in § 4.1-209.1.2\n\nInternet wine and beer retailer licenses, which shall authorize persons located within or outside the Commonwealth to sell and ship wine and beer, in accordance with § 4.1-209.1 and Board regulations, in closed containers to persons in the Commonwealth to whom wine and beer may be lawfully sold for off-premises consumption. Such licensee shall not be required to comply with the monthly food sale requirement established by Board regulations.3\n\nBottler licenses, which shall authorize the licensee to acquire and receive deliveries and shipments of beer in closed containers and to bottle, sell, and deliver or ship it, in accordance with Board regulations to (i) wholesale beer licensees for the purpose of resale, (ii) owners of boats registered under the laws of the United States sailing for ports of call of a foreign country or another state, and (iii) persons outside the Commonwealth for resale outside the Commonwealth.4\n\nFulfillment warehouse licenses, which shall authorize associations as defined in § 13.1-313 with a place of business located in the Commonwealth to (i) receive deliveries and shipments of wine or beer owned by holders of wine and beer shipper’s licenses; (ii) store such wine or beer on behalf of the owner; and (iii) pick, pack, and ship such wine or beer as directed by the owner, all in accordance with Board regulations. No wholesale wine or wholesale beer licensee, whether licensed in the Commonwealth or not, or any person under common control of such licensee, shall acquire or hold any financial interest, direct or indirect, in the business for which any fulfillment warehouse license is issued.5\n\nMarketing portal licenses, which shall authorize agricultural cooperative associations organized under the provisions of the Agricultural Cooperative Association Act (§ 13.1-312 et seq.), with a place of business located in the Commonwealth, in accordance with Board regulations, to solicit and receive orders for wine or beer through the use of the Internet from persons in the Commonwealth to whom wine or beer may be lawfully sold, on behalf of holders of wine and beer shipper’s licenses. Upon receipt of an order for wine or beer, the licensee shall forward it to a holder of a wine and beer shipper’s license for fulfillment. Marketing portal licensees may also accept payment on behalf of the shipper.6\n\nThird-party delivery licenses, which shall carry the privileges and limitations set forth in § 4.1-212.2.","order_by":null,"text":{"0":{"id":257178,"text":"The Board may grant the following mixed beverages licenses:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":257179,"text":"Mixed beverage restaurant licenses, which shall authorize the licensee to sell and serve mixed beverages for on-premises consumption in dining areas and other designated areas of such restaurant or off-premises consumption. Such license may be granted only to persons (i) who operate a restaurant and (ii) whose gross receipts from the sale of food cooked, or prepared, and consumed on the premises and nonalcoholic beverages served on the premises, after issuance of such license, amount to at least 45 percent of the gross receipts from the sale of mixed beverages and food. For the purposes of this subdivision, other designated areas shall include outdoor dining areas, whether or not contiguous to the licensed premises, which outdoor dining areas may have more than one means of ingress and egress to an adjacent public thoroughfare, provided such areas are under the control of the licensee and approved by the Board. Such noncontiguous designated areas shall not be approved for any retail license issued pursuant to subdivision A 5 of § 4.1-201.\n\t\t\t\tIf the restaurant is located on the premises of a hotel or motel with no fewer than four permanent bedrooms where food and beverage service is customarily provided by the restaurant in designated areas, bedrooms, and other private rooms of such hotel or motel, such licensee may (a) sell and serve mixed beverages for on-premises consumption in such designated areas, bedrooms, and other private rooms or off-premises consumption and (b) sell spirits packaged in original closed containers purchased from the Board for on-premises consumption to registered guests and at scheduled functions of such hotel or motel only in such bedrooms or private rooms. However, with regard to a hotel classified as a resort complex, the Board may authorize the sale and on-premises consumption of alcoholic beverages in all areas within the resort complex deemed appropriate by the Board. Nothing herein shall prohibit any person from keeping and consuming his own lawfully acquired spirits in bedrooms or private rooms.\n\t\t\t\tIf the restaurant is located on the premises of and operated by a private, nonprofit, or profit club exclusively for its members and their guests, or members of another private, nonprofit, or profit club in another city with which it has an agreement for reciprocal dining privileges, such license shall also authorize the licensees to (1) sell and serve mixed beverages for on-premises or off-premises consumption and (2) sell spirits that are packaged in original closed containers with a maximum capacity of two fluid ounces or 50 milliliters and purchased from the Board for on-premises consumption. Where such club prepares no food in its restaurant but purchases its food requirements from a restaurant licensed by the Board and located on another portion of the premises of the same hotel or motel building, this fact shall not prohibit the granting of a license by the Board to such club qualifying in all other respects. The club’s gross receipts from the sale of nonalcoholic beverages consumed on the premises and food resold to its members and guests and consumed on the premises shall amount to at least 45 percent of its gross receipts from the sale of mixed beverages and food. The food sales made by a restaurant to such a club shall be excluded in any consideration of the qualifications of such restaurant for a license from the Board.\n\t\t\t\tIf the restaurant is located on the premises of and operated by a municipal golf course, the Board shall recognize the seasonal nature of the business and waive any applicable monthly food sales requirements for those months when weather conditions may reduce patronage of the golf course, provided that prepared food, including meals, is available to patrons during the same months. The gross receipts from the sale of food cooked, or prepared, and consumed on the premises and nonalcoholic beverages served on the premises, after the issuance of such license, shall amount to at least 45 percent of the gross receipts from the sale of mixed beverages and food on an annualized basis.\n\t\t\t\tIf the restaurant is located on the premises of and operated by a culinary lodging resort, such license shall authorize the licensee to (A) sell alcoholic beverages, without regard to the amount of gross receipts from the sale of food prepared and consumed on the premises, for off-premises consumption or for on-premises consumption in areas upon the licensed premises approved by the Board and other designated areas of the resort, including outdoor areas under the control of the licensee, and (B) permit the possession and consumption of lawfully acquired alc\n\t\t\t\tIf the restaurant is located on the premises of a mixed beverage casino licensee owned by an operator licensed under Article 3 (§ 58.1-4108 et seq.) of Chapter 41 of Title 58.1, such mixed beverage restaurant license shall authorize the licensee to sell alcoholic beverages for on-premises consumption on the licensed premises of the restaurant during all hours of operation of the mixed beverage casino licensee. Any alcoholic beverages purchased from such restaurant may be (I) taken onto the premises of the mixed beverage casino licensee and (II) possessed or consumed in areas designated by the Board, after consultation with the mixed beverage casino licensee. Designated areas may include any areas on the premises of the mixed beverage casino licensee, including entertainment venues, conference rooms, private rooms, hotels, pools, marinas, or green spaces. Alcoholic beverages purchased from a restaurant pursuant to this subdivision shall be contained in glassware or a paper, plastic, or similar disposable container that clearly displays the name or logo of the restaurant from which the alcoholic beverage was purchased.\n\t\t\t\tThe granting of a license pursuant to this subdivision shall automatically authorize the licensee to obtain a license to sell and serve wine and beer for on-premises consumption and in closed containers for off-premises consumption; however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":257180,"text":"Mixed beverage caterer’s licenses, which may be granted only to a person regularly engaged in the business of providing food and beverages to others for service at private gatherings or at special events, which shall authorize the licensee to sell and serve alcoholic beverages for on-premises consumption. The annual gross receipts from the sale of food cooked and prepared for service and nonalcoholic beverages served at gatherings and events referred to in this subdivision shall amount to at least 45 percent of the gross receipts from the sale of mixed beverages and food.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":257181,"text":"Mixed beverage limited caterer’s licenses, which may be granted only to a person regularly engaged in the business of providing food and beverages to others for service at private gatherings or at special events, not to exceed 12 gatherings or events per year, which shall authorize the licensee to sell and serve alcoholic beverages for on-premises consumption. The annual gross receipts from the sale of food cooked and prepared for service and nonalcoholic beverages served at gatherings and events referred to in this subdivision shall amount to at least 45 percent of the gross receipts from the sale of mixed beverages and food.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":257182,"text":"Mixed beverage carrier licenses to (i) persons operating a common carrier of passengers by train, boat, bus, or airplane, which shall authorize the licensee to sell and serve mixed beverages anywhere in the Commonwealth to passengers while in transit aboard any such common carrier, and in designated rooms of establishments of air carriers at airports in the Commonwealth and (ii) financial institutions, subsidiaries of a financial institution, or persons approved by the applicable airport authority that have entered into a contract with a financial institution or subsidiary of a financial institution to operate a passenger lounge, which shall authorize the licensee to sell and serve mixed beverages in designated areas of a passenger lounge for ticketed air carrier passengers that is located within an airport in the Commonwealth. For purposes of supplying its airplanes, as well as any airplanes of a licensed express carrier flying under the same brand, an air carrier licensee may appoint an authorized representative to load alcoholic beverages onto the same airplanes and to transport and store alcoholic beverages at or in close proximity to the airport where the alcoholic beverages will be delivered onto airplanes of the air carrier and any such licensed express carrier. The air carrier licensee shall (a) designate for purposes of its license all locations where the inventory of alcoholic beverages may be stored and from which the alcoholic beverages will be delivered onto airplanes of the air carrier and any such licensed express carrier and (b) maintain records of all alcoholic beverages to be transported, stored, and delivered by its authorized representative. The granting of a license pursuant to this subdivision shall automatically authorize the licensee to obtain a license to sell and serve wine and beer for on-premises consumption or in closed containers for off-premises consumption; however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1.\n\t\t\t\tFor the purposes of this subdivision:\n\t\t\t\t“Financial institution” means any bank, trust company, savings institution, industrial loan association, consumer finance company, or credit union.\n\t\t\t\t“Passenger lounge” means any restricted-access passenger waiting room or lounge leased to persons by the applicable airport authority in which food and beverage services are provided to ticketed passengers.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":257183,"text":"Annual mixed beverage sports facility licenses to persons operating a sports facility or food concessions at a sports facility, which shall authorize the licensee to sell mixed beverages during any event and immediately subsequent thereto to patrons within all seating areas, concourses, walkways, concession areas, and additional locations designated by the Board (i) in closed containers for off-premises consumption or (ii) in paper, plastic, or similar disposable containers or in single original metal cans for on-premises consumption. Upon authorization of the licensee, any person may keep and consume his own lawfully acquired alcoholic beverages on the premises in all areas and locations covered by the license. The granting of a license pursuant to this subdivision shall automatically authorize the licensee to obtain a license to sell and serve wine and beer for on-premises consumption or in closed containers for off-premises consumption; however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":257184,"text":"Limited mixed beverage restaurant licenses, which shall authorize the licensee to sell and serve dessert wines as defined by Board regulation and no more than six varieties of liqueurs, which liqueurs shall be combined with coffee or other nonalcoholic beverages, for on-premises consumption in dining areas of the restaurant or off-premises consumption. Such license may be granted only to persons who operate a restaurant and in no event shall the sale of such wine or liqueur-based drinks, together with the sale of any other alcoholic beverages, exceed 10 percent of the total annual gross sales of all food and alcoholic beverages. The granting of a license pursuant to this subdivision shall automatically authorize the licensee to obtain a license to sell and serve wine and beer for on-premises consumption or in closed containers for off-premises consumption; however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":257185,"text":"Annual mixed beverage performing arts facility licenses, which shall (i) authorize the licensee to sell, on the dates of performances or events, alcoholic beverages in paper, plastic, or similar disposable containers or in single original metal cans for on-premises consumption in all seating areas, concourses, walkways, concession areas, similar facilities, and other areas upon the licensed premises approved by the Board and (ii) automatically authorize the licensee to obtain a license to sell and serve wine and beer for on-premises consumption or in closed containers for off-premises consumption; however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1. Such licenses may be granted to persons operating a performing arts facility or food concessions at a performing arts facility.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":257186,"text":"Combined mixed beverage restaurant and caterer’s licenses, which may be granted to any restaurant or hotel that meets the qualifications for both a mixed beverage restaurant pursuant to subdivision 1 and mixed beverage caterer pursuant to subdivision 2 for the same business location, and which license shall authorize the licensee to operate as both a mixed beverage restaurant and mixed beverage caterer at the same business premises designated in the license, with a common alcoholic beverage inventory for purposes of the restaurant and catering operations. Such licensee shall meet the separate food qualifications established for the mixed beverage restaurant license pursuant to subdivision 1 and mixed beverage caterer’s license pursuant to subdivision 2. The granting of a license pursuant to this subdivision shall automatically authorize the licensee to obtain a license to sell and serve wine and beer for on-premises consumption or in closed containers for off-premises consumption; however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":257187,"text":"Bed and breakfast licenses, which shall authorize the licensee to (i) serve alcoholic beverages in dining areas, private guest rooms, and other designated areas to persons to whom overnight lodging is being provided, with or without meals, for on-premises consumption only in such rooms and areas, and without regard to the amount of gross receipts from the sale of food prepared and consumed on the premises and (ii) permit the consumption of lawfully acquired alcoholic beverages by persons to whom overnight lodging is being provided in (a) bedrooms or private guest rooms or (b) other designated areas of the bed and breakfast establishment. For purposes of this subdivision, “other designated areas” includes outdoor dining areas, whether or not contiguous to the licensed premises, which may have more than one means of ingress and egress to an adjacent public thoroughfare, provided that such outdoor dining areas are under the control of the licensee and approved by the Board. Such noncontiguous designated areas shall not be approved for any retail license issued pursuant to subdivision A 5 of § 4.1-201.","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":257188,"text":"Museum licenses, which may be issued to nonprofit museums exempt from taxation under § 501(c)(3) of the Internal Revenue Code, which shall authorize the licensee to (i) permit the consumption of lawfully acquired alcoholic beverages on the premises of the licensee by any bona fide member and guests thereof and (ii) serve alcoholic beverages on the premises of the licensee to any bona fide member and guests thereof. However, alcoholic beverages shall not be sold or charged for in any way by the licensee. The privileges of this license shall be limited to the premises of the museum, regularly occupied and utilized as such.","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":257189,"text":"Commercial lifestyle center licenses, which may be issued only to a commercial owners’ association governing a commercial lifestyle center, which shall authorize any retail on-premises restaurant licensee that is a tenant of the commercial lifestyle center to sell alcoholic beverages to any bona fide customer to whom alcoholic beverages may be lawfully sold for consumption on that portion of the licensed premises of the commercial lifestyle center designated by the Board, including (i) plazas, seating areas, concourses, walkways, or such other similar areas and (ii) the premises of any tenant location of the commercial lifestyle center that is not a retail licensee of the Board, upon approval of such tenant, but excluding any parking areas. Only alcoholic beverages purchased from such retail on-premises restaurant licensees may be consumed on the licensed premises of the commercial lifestyle center, and such alcoholic beverages shall be contained in paper, plastic, or similar disposable containers with the name or logo of the restaurant licensee that sold the alcoholic beverage clearly displayed. Alcoholic beverages shall not be sold or charged for in any way by the commercial lifestyle center licensee. The licensee shall post appropriate signage clearly demarcating for the public the boundaries of the licensed premises; however, no physical barriers shall be required for this purpose. The licensee shall provide adequate security for the licensed premises to ensure compliance with the applicable provisions of this subtitle and Board regulations.","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"A12"},"12":{"id":257190,"text":"Mixed beverage port restaurant licenses, which shall authorize the licensee to sell and serve mixed beverages for consumption in dining areas and other designated areas of such restaurant. Such license may be granted only to persons operating a business (i) that is primarily engaged in the sale of meals; (ii) that is located on property owned by the United States government or an agency thereof and used as a port of entry to or egress from the United States; and (iii) whose gross receipts from the sale of food cooked, or prepared, and consumed on the premises and nonalcoholic beverages served on the premises, after issuance of such license, amount to at least 45 percent of the gross receipts from the sale of mixed beverages and food. For the purposes of this subdivision, other designated areas shall include outdoor dining areas, whether or not contiguous to the licensed premises, which outdoor dining areas may have more than one means of ingress and egress to an adjacent public thoroughfare, provided such areas are under the control of the licensee and approved by the Board. Such noncontiguous designated areas shall not be approved for any retail license issued pursuant to subdivision A 5 of § 4.1-201. The granting of a license pursuant to this subdivision shall automatically authorize the licensee to obtain a license to sell and serve wine and beer for on-premises consumption or in closed containers for off-premises consumption; however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1.","type":"section","prefixes":["A","12"],"prefix":"12","entire_prefix":"A12","prefix_anchor":"A12","level":2,"prior_prefix":"A11","next_prefix":"A13"},"13":{"id":257191,"text":"Annual mixed beverage special events licenses to (i) a duly organized nonprofit corporation or association operating either a performing arts facility or an art education and exhibition facility; (ii) a nonprofit corporation or association chartered by Congress for the preservation of sites, buildings, and objects significant in American history and culture; (iii) persons operating an agricultural event and entertainment park or similar facility that has a minimum of 50,000 square feet of indoor exhibit space and equine and other livestock show areas, which includes barns, pavilions, or other structures equipped with roofs, exterior walls, and open-door or closed-door access; or (iv) a locality for special events conducted on the premises of a museum for historic interpretation that is owned and operated by the locality. The operation in all cases shall be upon premises owned by such licensee or occupied under a bona fide lease, the original term of which was for more than one year’s duration. Such license shall authorize the licensee to sell alcoholic beverages during scheduled events and performances for on-premises consumption in areas upon the licensed premises approved by the Board.","type":"section","prefixes":["A","13"],"prefix":"13","entire_prefix":"A13","prefix_anchor":"A13","level":2,"prior_prefix":"A12","next_prefix":"A14"},"14":{"id":257192,"text":"Mixed beverage casino licenses, which shall authorize the licensee to (i) sell and serve mixed beverages for on-premises consumption in areas designated by the Board, after consultation with the mixed beverage casino licensee, without regard to the amount of gross receipts from the sale of food prepared and consumed on the premises and (ii) provide complimentary mixed beverages to patrons for on-premises consumption in private areas or restricted access areas designated by the Board, after consultation with the mixed beverage casino licensee. Designated areas may include any areas on the premises of the mixed beverage casino licensee, including entertainment venues, private rooms, conference rooms, hotels, pools, marinas, or green spaces. The granting of a license pursuant to this subdivision shall authorize the licensee to obtain a license to sell and serve wine and beer for on-premises consumption and in closed containers for off-premises consumption in accordance with the provisions of this subdivision governing mixed beverages; however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1. Notwithstanding any law or regulation to the contrary, a mixed beverage casino licensee may exercise the privileges of its license as set forth in this subdivision during all hours of operation of the casino gaming establishment; however, such licensee shall not sell wine or beer for off-premises consumption between the hours of 12 a.m. and 6 a.m.\n\t\t\t\tA mixed beverage casino licensee may (a) provide patrons gifts of alcoholic beverages in closed containers for personal consumption off the licensed premises or in areas designated by the Board, after consultation with the mixed beverage casino licensee, and (b) enable patrons who participate in a loyalty or reward credit program to redeem credits for the purchase of alcoholic beverages for on-premises consumption. A summary of the operation of such loyalty or reward credit program shall be provided to the Board upon request.\n\t\t\t\tA mixed beverage casino license may only be issued to a casino gaming establishment owned by an operator licensed under Article 3 (§ 58.1-4108 et seq.) of Chapter 41 of Title 58.1.","type":"section","prefixes":["A","14"],"prefix":"14","entire_prefix":"A14","prefix_anchor":"A14","level":2,"prior_prefix":"A13","next_prefix":"B"},"15":{"id":257193,"text":"The Board may grant an on-and-off-premises wine and beer license to the following:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A14","next_prefix":"B1"},"16":{"id":257194,"text":"Hotels, restaurants, and clubs, which shall authorize the licensee to sell wine and beer (i) in closed containers for off-premises consumption or (ii) for on-premises consumption, either with or without meals, in dining areas and other designated areas of such restaurants, or in dining areas, private guest rooms, and other designated areas of such hotels or clubs, for consumption only in such rooms and areas. However, with regard to a hotel classified by the Board as (a) a resort complex, the Board may authorize the sale and consumption of alcoholic beverages in all areas within the resort complex deemed appropriate by the Board or (b) a limited service hotel, the Board may authorize the sale and consumption of alcoholic beverages in dining areas, private guest rooms, and other designated areas to persons to whom overnight lodging is being provided, for on-premises consumption in such rooms or areas, and without regard to the amount of gross receipts from the sale of food prepared and consumed on the premises, provided that at least one meal is provided each day by the hotel to such guests. With regard to facilities registered in accordance with Chapter 49 (§ 38.2-4900 et seq.) of Title 38.2 as continuing care communities that are also licensed by the Board under this subdivision, any resident may, upon authorization of the licensee, keep and consume his own lawfully acquired alcoholic beverages on the premises in all areas covered by the license. For purposes of this subdivision, “other designated areas” includes outdoor dining areas, whether or not contiguous to the licensed premises, which may have more than one means of ingress and egress to an adjacent public thoroughfare, provided that such outdoor dining areas are under the control of the licensee and approved by the Board. Such noncontiguous designated areas shall not be approved for any retail license issued pursuant to subdivision A 5 of § 4.1-201.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"17":{"id":257195,"text":"Hospitals, which shall authorize the licensee to sell wine and beer (i) in the rooms of patients for their on-premises consumption only in such rooms, provided the consent of the patient’s attending physician is first obtained or (ii) in closed containers for off-premises consumption.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"18":{"id":257196,"text":"Rural grocery stores, which shall authorize the licensee to sell wine and beer for on-premises consumption or in closed containers for off-premises consumption. No license shall be granted unless (i) the grocery store is located in any town or in a rural area outside the corporate limits of any city or town and (ii) it appears affirmatively that a substantial public demand for such licensed establishment exists and that public convenience and the purposes of this subtitle will be promoted by granting the license.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"19":{"id":257197,"text":"Coliseums, stadiums, and racetracks, which shall authorize the licensee to sell wine and beer during any event and immediately subsequent thereto to patrons within all seating areas, concourses, walkways, concession areas, and additional locations designated by the Board (i) in closed containers for off-premises consumption or (ii) in paper, plastic, or similar disposable containers or in single original metal cans for on-premises consumption. Upon authorization of the licensee, any person may keep and consume his own lawfully acquired alcoholic beverages on the premises in all areas and locations covered by the license. Such licenses may be granted to persons operating food concessions at coliseums, stadiums, racetracks, or similar facilities.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"20":{"id":257198,"text":"Performing arts food concessionaires, which shall authorize the licensee to sell wine and beer during the performance of any event to patrons within all seating areas, concourses, walkways, or concession areas, or other areas approved by the Board (i) in closed containers for off-premises consumption or (ii) in paper, plastic, or similar disposable containers or in single original metal cans for on-premises consumption. Upon authorization of the licensee, any person may keep and consume his own lawfully acquired alcoholic beverages on the premises in all areas and locations covered by the license. Such licenses may be granted to persons operating food concessions at any performing arts facility.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"21":{"id":257199,"text":"Exhibition halls, which shall authorize the licensee to sell wine and beer during the event to patrons or attendees within all seating areas, exhibition areas, concourses, walkways, concession areas, and such additional locations designated by the Board in such facilities (i) in closed containers for off-premises consumption or (ii) in paper, plastic, or similar disposable containers or in single original metal cans for on-premises consumption. Upon authorization of the licensee, any person may keep and consume his own lawfully acquired alcoholic beverages on the premises in all areas and locations covered by the license. Such licenses may be granted to persons operating food concessions at exhibition or exposition halls, convention centers, or similar facilities located in any county operating under the urban county executive form of government or any city that is completely surrounded by such county. For purposes of this subdivision, “exhibition or exposition hall” and “convention centers” mean facilities conducting private or public trade shows or exhibitions in an indoor facility having in excess of 100,000 square feet of floor space.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"22":{"id":257200,"text":"Concert and dinner-theaters, which shall authorize the licensee to sell wine and beer during events to patrons or attendees within all seating areas, exhibition areas, concourses, walkways, concession areas, dining areas, and such additional locations designated by the Board in such facilities, for on-premises consumption or in closed containers for off-premises consumption. Persons licensed pursuant to this subdivision shall serve food, prepared on or off premises, whenever wine or beer is served. Such licenses may be granted to persons operating concert or dinner-theater venues on property fronting Natural Bridge School Road in Natural Bridge Station and formerly operated as Natural Bridge High School.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"23":{"id":257201,"text":"Historic cinema houses, which shall authorize the licensee to sell wine and beer, either with or without meals, during any showing of a motion picture to patrons to whom alcoholic beverages may be lawfully sold, for on-premises consumption or in closed containers for off-premises consumption. The privileges of this license shall be limited to the premises of the historic cinema house regularly occupied and utilized as such.","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"24":{"id":257202,"text":"Nonprofit museums, which shall authorize the licensee to sell wine and beer for on-premises consumption or in closed containers for off-premises consumption in areas approved by the Board. Such licenses may be granted to persons operating a nonprofit museum exempt from taxation under § 501(c)(3) of the Internal Revenue Code, located in the Town of Front Royal, and dedicated to educating the consuming public about historic beer products. The privileges of this license shall be limited to the premises of the museum, regularly occupied and utilized as such.","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"C"},"25":{"id":257203,"text":"The Board may grant the following off-premises wine and beer licenses:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B9","next_prefix":"C1"},"26":{"id":257204,"text":"Retail off-premises wine and beer licenses, which may be granted to a convenience grocery store, delicatessen, drugstore, gift shop, gourmet oyster house, gourmet shop, grocery store, or marina store as defined in § 4.1-100 and Board regulations. Such license shall authorize the licensee to sell wine and beer in closed containers for off-premises consumption and, notwithstanding the provisions of § 4.1-308, to give to any person to whom wine or beer may be lawfully sold a sample of wine or beer for on-premises consumption; however, no single sample shall exceed four ounces of beer or two ounces of wine and no more than 12 ounces of beer or five ounces of wine shall be served to any person per day. The licensee may also give samples of wine and beer in designated areas at events held by the licensee for the purpose of featuring and educating the consuming public about the alcoholic beverages being tasted. With the consent of the licensee, farm wineries, wineries, breweries, distillers, and wholesale licensees or authorized representatives of such licensees may participate in such tastings, including the pouring of samples. The licensee shall comply with any food inventory and sales volume requirements established by Board regulation.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"27":{"id":257205,"text":"Gourmet brewing shop licenses, which shall authorize the licensee to sell to any person to whom wine or beer may be lawfully sold, ingredients for making wine or brewing beer, including packaging, and to rent to such persons facilities for manufacturing, fermenting, and bottling such wine or beer, for off-premises consumption in accordance with subdivision 6 of § 4.1-200.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"28":{"id":257206,"text":"Confectionery licenses, which shall authorize the licensee to prepare and sell on the licensed premises for off-premises consumption confectionery that contains five percent or less alcohol by volume. Any alcohol contained in such confectionery shall not be in liquid form at the time such confectionery is sold.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"29":{"id":257207,"text":"The Board may grant the following banquet, special event, and tasting licenses:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"D1"},"30":{"id":257208,"text":"Per-day event licenses.\n\t\t\t\ta. Banquet licenses to persons in charge of private banquets, and to duly organized nonprofit corporations or associations in charge of special events, which shall authorize the licensee to sell or give wine and beer in rooms or areas approved by the Board for the occasion for on-premises consumption in such rooms or areas. Licensees who are nonprofit corporations or associations conducting fundraisers (i) shall also be authorized to sell wine, as part of any fundraising activity, in closed containers for off-premises consumption to persons to whom wine may be lawfully sold; (ii) shall be limited to no more than one such fundraiser per year; and (iii) if conducting such fundraiser through an online meeting platform, may ship such wine, in accordance with Board regulations, in closed containers to persons located within the Commonwealth. Except as provided in § 4.1-215, a separate license shall be required for each day of each banquet or special event. For the purposes of this subdivision, when the location named in the original application for a license is outdoors, the application may also name an alternative location in the event of inclement weather. However, no such license shall be required of any hotel, restaurant, or club holding a retail wine and beer license.\n\t\t\t\tb. Mixed beverage special events licenses to a duly organized nonprofit corporation or association in charge of a special event, which shall authorize the licensee to sell and serve mixed beverages for on-premises consumption in areas approved by the Board on the premises of the place designated in the license. A separate license shall be required for each day of each special event.\n\t\t\t\tc. Mixed beverage club events licenses to a club holding a wine and beer club license, which shall authorize the licensee to sell and serve mixed beverages for on-premises consumption by club members and their guests in areas approved by the Board on the club premises. A separate license shall be required for each day of each club event. No more than 12 such licenses shall be granted to a club in any calendar year. The granting of a license pursuant to this subdivision shall automatically authorize the licensee to obtain a license to sell and serve wine and beer for on-premises consumption; however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1.\n\t\t\t\td. Tasting licenses, which shall authorize the licensee to sell or give samples of alcoholic beverages of the type specified in the license in designated areas at events held by the licensee. A tasting license shall be issued for the purpose of featuring and educating the consuming public about the alcoholic beverages being tasted. A separate license shall be required for each day of each tasting event. No tasting license shall be required for conduct authorized by § 4.1-201.1.","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"31":{"id":257209,"text":"Annual licenses.\n\t\t\t\ta. Annual banquet licenses to duly organized private nonprofit fraternal, patriotic, or charitable membership organizations that are exempt from state and federal taxation and in charge of banquets conducted exclusively for members and their guests, which shall authorize the licensee to serve wine and beer in rooms or areas approved by the Board for the occasion for on-premises consumption in such rooms or areas. Such license shall authorize the licensee to conduct no more than 12 banquets per calendar year. For the purposes of this subdivision, when the location named in the original application for a license is outdoors, the application may also name an alternative location in the event of inclement weather. However, no such license shall be required of any hotel, restaurant, or club holding a retail wine and beer license.\n\t\t\t\tb. Banquet facility licenses to volunteer fire departments and volunteer emergency medical services agencies, which shall authorize the licensee to permit the consumption of lawfully acquired alcoholic beverages on the premises of the licensee by any person, and bona fide members and guests thereof, otherwise eligible for a banquet license. However, lawfully acquired alcoholic beverages shall not be purchased or sold by the licensee or sold or charged for in any way by the person permitted to use the premises. Such premises shall be a volunteer fire or volunteer emergency medical services agency station or both, regularly occupied as such and recognized by the governing body of the county, city, or town in which it is located. Under conditions as specified by Board regulation, such premises may be other than a volunteer fire or volunteer emergency medical services agency station, provided such other premises are occupied and under the control of the volunteer fire department or volunteer emergency medical services agency while the privileges of its license are being exercised.\n\t\t\t\tc. Designated outdoor refreshment area licenses to a locality, business improvement district, or nonprofit organization, which shall authorize (i) the licensee to permit the consumption of alcoholic beverages within the area designated by the Board for the designated outdoor refreshment area and (ii) any permanent retail on-premises licensee that is located within the area designated by the Board for the designated outdoor refreshment area to sell alcoholic beverages within the permanent retail location for consumption in the area designated for the designated outdoor refreshment area, including sidewalks and the premises of businesses not licensed to sell alcoholic beverages at retail, upon approval of such businesses. In determining the designated area for the designated outdoor refreshment area, the Board shall consult with the locality. Designated outdoor refreshment area licensees shall be limited to 16 events per year, and the duration of any event shall not exceed three consecutive days. However, the Board may increase the frequency and duration of events after adoption of an ordinance by a locality requesting such increase in frequency and duration. Such ordinance shall include the size and scope of the area within which such events will be held, a public safety plan, and any other considerations deemed necessary by the Board. Such limitations on the number of events that may be held shall not apply during the effective dates of any rule, regulation, or order that is issued by the Governor or State Health Commissioner to meet a public health emergency and that effectively reduces allowable restaurant seating capacity; however, designated outdoor refreshment area licensees shall be subject to all other applicable provisions of this subtitle and Board regulations and shall provide notice to the Board regarding the days and times during which the privileges of the license will be exercised. Only alcoholic beverages purchased from permanent retail on-premises licensees located within the designated area may be consumed at the event, and such alcoholic beverages shall be contained in paper, plastic, or similar disposable containers that clearly display the name or logo of the retail on-premises licensee from which the alcoholic beverage was purchased. Alcoholic beverages shall not be sold or charged for in any way by the designated outdoor refreshment area licensee. The designated outdoor refreshment area licensee shall post appropriate signage clearly demarcating for the public the boundaries of the event; however, no physical barriers shall be required for this purpose. The designated outdoor refreshment area licensee shall provide adequate security for the event to ensure compliance with the applicable provisions of this subtitle and Board regulations.\n\t\t\t\td. Annual mixed beverage banquet licenses to duly organized private nonprofit fraternal, patriotic, or charitable membership organizations that are exempt from state and federal taxation and in charge of banquets conducted exclusively for members and their guests, which shall authorize the licensee to serve mixed beverages for on-premises consumption in areas approved by the Board on the premises of the place designated in the license. Such license shall authorize the licensee to conduct no more than 12 banquets per calendar year. The granting of a license pursuant to this subdivision shall automatically authorize the licensee to obtain a license to sell and serve wine and beer for on-premises consumption; however, the licensee shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1.\n\t\t\t\te. Equine sporting event licenses, which may be issued to organizations holding equestrian, hunt, and steeplechase events, which shall authorize the licensee to permit the consumption of lawfully acquired alcoholic beverages on the premises of the licensee by patrons thereof during such event. However, alcoholic beverages shall not be sold or charged for in any way by the licensee. The privileges of this license shall be (i) limited to the premises of the licensee, regularly occupied and utilized for equestrian, hunt, and steeplechase events, and (ii) exercised on no more than four calendar days per year.\n\t\t\t\tf. Annual arts venue event licenses, to persons operating an arts venue, which shall authorize the licensee participating in a community art walk that is open to the public to serve lawfully acquired wine or beer on the premises of the licensee to adult patrons thereof during such events. However, alcoholic beverages shall not be sold or charged for in any way, directly or indirectly, by the licensee, and the licensee shall not give more than two five-ounce glasses of wine or two 12-ounce glasses of beer to any one adult patron. The privileges of this license shall be (i) limited to the premises of the arts venue regularly occupied and used as such and (ii) exercised on no more than 12 calendar days per year.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"E"},"32":{"id":257210,"text":"The Board may grant a marketplace license to persons operating a business enterprise of which the primary function is not the sale of alcoholic beverages, which shall authorize the licensee to serve complimentary wine or beer to bona fide customers on the licensed premises subject to any limitations imposed by the Board; however, the licensee shall not give more than two five-ounce glasses of wine or two 12-ounce glasses of beer to any customer per day, nor shall it sell or otherwise charge a fee to such customer for the wine or beer served or consumed. In order to be eligible for and retain a marketplace license, the applicant’s business enterprise must (i) provide a single category of goods or services in a manner intended to create a personalized experience for the customer; (ii) employ staff with expertise in such goods or services; (iii) be ineligible for any other license granted by the Board; (iv) have an alcoholic beverage control manager on the licensed premises at all times alcohol is served; (v) ensure that all employees satisfy any training requirements imposed by the Board; and (vi) purchase all wine and beer to be served from a licensed wholesaler or the Authority and retain purchase records as prescribed by the Board. In determining whether to grant a marketplace license, the Board shall consider (a) the average amount of time customers spend at the business; (b) the business’s hours of operation; (c) the amount of time that the business has been in operation; and (d) any other requirements deemed necessary by the Board to protect the public health, safety, and welfare.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D2","next_prefix":"F"},"33":{"id":257211,"text":"The Board may grant the following shipper, bottler, and related licenses:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"34":{"id":257212,"text":"Wine and beer shipper licenses, which shall carry the privileges and limitations set forth in § 4.1-209.1.","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"35":{"id":257213,"text":"Internet wine and beer retailer licenses, which shall authorize persons located within or outside the Commonwealth to sell and ship wine and beer, in accordance with § 4.1-209.1 and Board regulations, in closed containers to persons in the Commonwealth to whom wine and beer may be lawfully sold for off-premises consumption. Such licensee shall not be required to comply with the monthly food sale requirement established by Board regulations.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"F3"},"36":{"id":257214,"text":"Bottler licenses, which shall authorize the licensee to acquire and receive deliveries and shipments of beer in closed containers and to bottle, sell, and deliver or ship it, in accordance with Board regulations to (i) wholesale beer licensees for the purpose of resale, (ii) owners of boats registered under the laws of the United States sailing for ports of call of a foreign country or another state, and (iii) persons outside the Commonwealth for resale outside the Commonwealth.","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"F4"},"37":{"id":257215,"text":"Fulfillment warehouse licenses, which shall authorize associations as defined in § 13.1-313 with a place of business located in the Commonwealth to (i) receive deliveries and shipments of wine or beer owned by holders of wine and beer shipper’s licenses; (ii) store such wine or beer on behalf of the owner; and (iii) pick, pack, and ship such wine or beer as directed by the owner, all in accordance with Board regulations. No wholesale wine or wholesale beer licensee, whether licensed in the Commonwealth or not, or any person under common control of such licensee, shall acquire or hold any financial interest, direct or indirect, in the business for which any fulfillment warehouse license is issued.","type":"section","prefixes":["F","4"],"prefix":"4","entire_prefix":"F4","prefix_anchor":"F4","level":2,"prior_prefix":"F3","next_prefix":"F5"},"38":{"id":257216,"text":"Marketing portal licenses, which shall authorize agricultural cooperative associations organized under the provisions of the Agricultural Cooperative Association Act (§ 13.1-312 et seq.), with a place of business located in the Commonwealth, in accordance with Board regulations, to solicit and receive orders for wine or beer through the use of the Internet from persons in the Commonwealth to whom wine or beer may be lawfully sold, on behalf of holders of wine and beer shipper’s licenses. Upon receipt of an order for wine or beer, the licensee shall forward it to a holder of a wine and beer shipper’s license for fulfillment. Marketing portal licensees may also accept payment on behalf of the shipper.","type":"section","prefixes":["F","5"],"prefix":"5","entire_prefix":"F5","prefix_anchor":"F5","level":2,"prior_prefix":"F4","next_prefix":"F6"},"39":{"id":257217,"text":"Third-party delivery licenses, which shall carry the privileges and limitations set forth in § 4.1-212.2.","type":"section","prefixes":["F","6"],"prefix":"6","entire_prefix":"F6","prefix_anchor":"F6","level":2,"prior_prefix":"F5"}},"ancestry":[{"id":14859,"edition_id":1,"name":"Licenses Granted by Board; Limitations; Revocation and Suspension","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13825,"metadata":{},"date_created":"2026-06-26 03:50:26","date_modified":"2026-06-26 03:50:26","permalink":{"id":218831,"object_type":"structure","relational_id":14859,"identifier":"2","token":"4.1\/I\/2\/2","url":"\/4.1\/I\/2\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13825,"edition_id":1,"name":"Administration of Licenses","identifier":"2","label":"chapter","depth":3,"order_by":1,"parent_id":13130,"metadata":{},"date_created":"2026-06-26 03:46:00","date_modified":"2026-06-26 03:46:00","permalink":{"id":218791,"object_type":"structure","relational_id":13825,"identifier":"2","token":"4.1\/I\/2","url":"\/4.1\/I\/2\/","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":79854,"structure_id":14859,"section_number":"4.1-206","catch_line":"Repealed","url":"\/4.1-206\/","token":"4.1\/I\/2\/2\/4.1-206","metadata":false},{"id":85579,"structure_id":14859,"section_number":"4.1-206.1","catch_line":"Manufacturer licenses","url":"\/4.1-206.1\/","token":"4.1\/I\/2\/2\/4.1-206.1","metadata":false},{"id":64438,"structure_id":14859,"section_number":"4.1-206.2","catch_line":"Wholesale licenses","url":"\/4.1-206.2\/","token":"4.1\/I\/2\/2\/4.1-206.2","metadata":false},{"id":71341,"structure_id":14859,"section_number":"4.1-206.3","catch_line":"Retail licenses","url":"\/4.1-206.3\/","token":"4.1\/I\/2\/2\/4.1-206.3","metadata":false},{"id":61956,"structure_id":14859,"section_number":"4.1-207","catch_line":"Repealed","url":"\/4.1-207\/","token":"4.1\/I\/2\/2\/4.1-207","metadata":false},{"id":76919,"structure_id":14859,"section_number":"4.1-207.1","catch_line":"Repealed","url":"\/4.1-207.1\/","token":"4.1\/I\/2\/2\/4.1-207.1","metadata":false},{"id":74961,"structure_id":14859,"section_number":"4.1-208","catch_line":"Repealed","url":"\/4.1-208\/","token":"4.1\/I\/2\/2\/4.1-208","metadata":false},{"id":69143,"structure_id":14859,"section_number":"4.1-209","catch_line":"Wine and beer license privileges; advertising; displays; tastings","url":"\/4.1-209\/","token":"4.1\/I\/2\/2\/4.1-209","metadata":false},{"id":56854,"structure_id":14859,"section_number":"4.1-209.1","catch_line":"Direct shipment of wine and beer; shipper's license","url":"\/4.1-209.1\/","token":"4.1\/I\/2\/2\/4.1-209.1","metadata":false},{"id":75458,"structure_id":14859,"section_number":"4.1-210","catch_line":"Repealed","url":"\/4.1-210\/","token":"4.1\/I\/2\/2\/4.1-210","metadata":false},{"id":79818,"structure_id":14859,"section_number":"4.1-211","catch_line":"Temporary licenses","url":"\/4.1-211\/","token":"4.1\/I\/2\/2\/4.1-211","metadata":false},{"id":78252,"structure_id":14859,"section_number":"4.1-212","catch_line":"Permits required in certain instances","url":"\/4.1-212\/","token":"4.1\/I\/2\/2\/4.1-212","metadata":false},{"id":63303,"structure_id":14859,"section_number":"4.1-212.1","catch_line":"Delivery of wine and beer; kegs; regulations of Board","url":"\/4.1-212.1\/","token":"4.1\/I\/2\/2\/4.1-212.1","metadata":false},{"id":71769,"structure_id":14859,"section_number":"4.1-212.2","catch_line":"Third-party deliveries; limitations; penalties","url":"\/4.1-212.2\/","token":"4.1\/I\/2\/2\/4.1-212.2","metadata":false},{"id":70957,"structure_id":14859,"section_number":"4.1-213","catch_line":"Manufacture and sale of cider","url":"\/4.1-213\/","token":"4.1\/I\/2\/2\/4.1-213","metadata":false},{"id":59198,"structure_id":14859,"section_number":"4.1-214","catch_line":"Limitations on licenses; sale outside the Commonwealth","url":"\/4.1-214\/","token":"4.1\/I\/2\/2\/4.1-214","metadata":false},{"id":82323,"structure_id":14859,"section_number":"4.1-215","catch_line":"Limitation on manufacturers, bottlers, and wholesalers; exemptions","url":"\/4.1-215\/","token":"4.1\/I\/2\/2\/4.1-215","metadata":false},{"id":68333,"structure_id":14859,"section_number":"4.1-216","catch_line":"Further limitations on manufacturers, bottlers, importers, brokers or wholesalers; ownership interests prohibited; exceptions; prohibited trade practices","url":"\/4.1-216\/","token":"4.1\/I\/2\/2\/4.1-216","metadata":false},{"id":83813,"structure_id":14859,"section_number":"4.1-216.1","catch_line":"Point-of-sale advertising materials authorized under certain conditions; civil penalties","url":"\/4.1-216.1\/","token":"4.1\/I\/2\/2\/4.1-216.1","metadata":false},{"id":75252,"structure_id":14859,"section_number":"4.1-217","catch_line":"Limitation on brewery licenses","url":"\/4.1-217\/","token":"4.1\/I\/2\/2\/4.1-217","metadata":false},{"id":74830,"structure_id":14859,"section_number":"4.1-218","catch_line":"Limitation on wine and beer importers","url":"\/4.1-218\/","token":"4.1\/I\/2\/2\/4.1-218","metadata":false},{"id":67187,"structure_id":14859,"section_number":"4.1-219","catch_line":"Limitations on Class I, II, III, and IV farm wineries","url":"\/4.1-219\/","token":"4.1\/I\/2\/2\/4.1-219","metadata":false},{"id":77840,"structure_id":14859,"section_number":"4.1-220","catch_line":"Repealed","url":"\/4.1-220\/","token":"4.1\/I\/2\/2\/4.1-220","metadata":false},{"id":78481,"structure_id":14859,"section_number":"4.1-221","catch_line":"Limitation on mixed beverage licensees; exceptions","url":"\/4.1-221\/","token":"4.1\/I\/2\/2\/4.1-221","metadata":false},{"id":57397,"structure_id":14859,"section_number":"4.1-221.1","catch_line":"Limitation of tasting licenses","url":"\/4.1-221.1\/","token":"4.1\/I\/2\/2\/4.1-221.1","metadata":false},{"id":80682,"structure_id":14859,"section_number":"4.1-222","catch_line":"Conditions under which Board may refuse to grant licenses","url":"\/4.1-222\/","token":"4.1\/I\/2\/2\/4.1-222","metadata":false},{"id":86989,"structure_id":14859,"section_number":"4.1-223","catch_line":"Conditions under which Board shall refuse to grant licenses","url":"\/4.1-223\/","token":"4.1\/I\/2\/2\/4.1-223","metadata":false},{"id":59746,"structure_id":14859,"section_number":"4.1-224","catch_line":"Notice and hearings for refusal to grant licenses; Administrative Process Act; exceptions","url":"\/4.1-224\/","token":"4.1\/I\/2\/2\/4.1-224","metadata":false},{"id":56780,"structure_id":14859,"section_number":"4.1-225","catch_line":"Grounds for which Board may suspend or revoke licenses; exception","url":"\/4.1-225\/","token":"4.1\/I\/2\/2\/4.1-225","metadata":false},{"id":59182,"structure_id":14859,"section_number":"4.1-225.1","catch_line":"Summary suspension in emergency circumstances; grounds; notice and hearing","url":"\/4.1-225.1\/","token":"4.1\/I\/2\/2\/4.1-225.1","metadata":false},{"id":70174,"structure_id":14859,"section_number":"4.1-226","catch_line":"Grounds for which Board shall suspend or revoke licenses","url":"\/4.1-226\/","token":"4.1\/I\/2\/2\/4.1-226","metadata":false},{"id":79871,"structure_id":14859,"section_number":"4.1-227","catch_line":"Suspension or revocation of licenses; notice and hearings; imposition of penalties","url":"\/4.1-227\/","token":"4.1\/I\/2\/2\/4.1-227","metadata":false},{"id":74907,"structure_id":14859,"section_number":"4.1-228","catch_line":"Suspension or revocation; disposition of beverages on hand; termination","url":"\/4.1-228\/","token":"4.1\/I\/2\/2\/4.1-228","metadata":false},{"id":84633,"structure_id":14859,"section_number":"4.1-229","catch_line":"Suspension or revocation of permits; grounds; notice and hearing; exception","url":"\/4.1-229\/","token":"4.1\/I\/2\/2\/4.1-229","metadata":false}],"previous_section":{"id":64438,"structure_id":14859,"section_number":"4.1-206.2","catch_line":"Wholesale licenses","url":"\/4.1-206.2\/","token":"4.1\/I\/2\/2\/4.1-206.2","metadata":false},"next_section":{"id":61956,"structure_id":14859,"section_number":"4.1-207","catch_line":"Repealed","url":"\/4.1-207\/","token":"4.1\/I\/2\/2\/4.1-207","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-206.3\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 15<\/a>, 16<\/a>, 32<\/a>, 34<\/a>, 400<\/a>, 1009<\/a>, 1113<\/a>, 1114<\/a>, and 1179<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 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 2022, chapters 78<\/a>, 79<\/a>, 589<\/a>, and 590<\/a>; in 2023, chapters 408<\/a> and 409<\/a>; in 2024, chapters 105<\/a>, 111<\/a>, 159<\/a>, 255<\/a>, 619<\/a>, 622<\/a>, and 627<\/a>.<\/p>","references":[{"id":75144,"section_number":"15.2-912.3","catch_line":"Regulation of dance halls by counties, cities, and towns","order_by":null,"url":"\/15.2-912.3\/"},{"id":86837,"section_number":"15.2-912.4","catch_line":"Regulation of tobacco and hemp product retail sale locations","order_by":null,"url":"\/15.2-912.4\/"},{"id":55602,"section_number":"4.1-100","catch_line":"Definitions","order_by":null,"url":"\/4.1-100\/"},{"id":67902,"section_number":"4.1-103","catch_line":"General powers of Board","order_by":null,"url":"\/4.1-103\/"},{"id":81493,"section_number":"4.1-114","catch_line":"Annual review of operations of certain mixed beverage licensees","order_by":null,"url":"\/4.1-114\/"},{"id":70468,"section_number":"4.1-124","catch_line":"Referendum on the sale of mixed beverages","order_by":null,"url":"\/4.1-124\/"},{"id":79036,"section_number":"4.1-203","catch_line":"Separate license for each place of business; transfer or amendment; posting; expiration; carriers","order_by":null,"url":"\/4.1-203\/"},{"id":69143,"section_number":"4.1-209","catch_line":"Wine and beer license privileges; advertising; displays; tastings","order_by":null,"url":"\/4.1-209\/"},{"id":56854,"section_number":"4.1-209.1","catch_line":"Direct shipment of wine and beer; shipper's license","order_by":null,"url":"\/4.1-209.1\/"},{"id":79818,"section_number":"4.1-211","catch_line":"Temporary licenses","order_by":null,"url":"\/4.1-211\/"},{"id":82323,"section_number":"4.1-215","catch_line":"Limitation on manufacturers, bottlers, and wholesalers; exemptions","order_by":null,"url":"\/4.1-215\/"},{"id":56029,"section_number":"4.1-311","catch_line":"Limitations on transporting lawfully purchased alcoholic beverages; penalty","order_by":null,"url":"\/4.1-311\/"},{"id":61106,"section_number":"4.1-325","catch_line":"Prohibited acts by mixed beverage licensees; penalty","order_by":null,"url":"\/4.1-325\/"},{"id":58854,"section_number":"4.1-325.1","catch_line":"Falsifying application; penalty","order_by":null,"url":"\/4.1-325.1\/"}],"refers_to":[{"id":81376,"section_number":"13.1-312","catch_line":"Liberal construction of article","order_by":null,"url":"\/13.1-312\/"},{"id":64545,"section_number":"13.1-313","catch_line":"Definitions","order_by":null,"url":"\/13.1-313\/"},{"id":83470,"section_number":"38.2-4900","catch_line":"Definitions","order_by":null,"url":"\/38.2-4900\/"},{"id":55602,"section_number":"4.1-100","catch_line":"Definitions","order_by":null,"url":"\/4.1-100\/"},{"id":58089,"section_number":"4.1-201","catch_line":"Conduct not prohibited by this subtitle; limitation","order_by":null,"url":"\/4.1-201\/"},{"id":56854,"section_number":"4.1-209.1","catch_line":"Direct shipment of wine and beer; shipper's license","order_by":null,"url":"\/4.1-209.1\/"},{"id":71769,"section_number":"4.1-212.2","catch_line":"Third-party deliveries; limitations; penalties","order_by":null,"url":"\/4.1-212.2\/"},{"id":82323,"section_number":"4.1-215","catch_line":"Limitation on manufacturers, bottlers, and wholesalers; exemptions","order_by":null,"url":"\/4.1-215\/"},{"id":58142,"section_number":"4.1-233.1","catch_line":"Fees on local licenses","order_by":null,"url":"\/4.1-233.1\/"},{"id":80597,"section_number":"4.1-308","catch_line":"Drinking alcoholic beverages, or offering to another, in public place; penalty; exceptions","order_by":null,"url":"\/4.1-308\/"},{"id":84263,"section_number":"58.1-4108","catch_line":"Operator's license required; capital investment; equity interest; transferability; fee","order_by":null,"url":"\/58.1-4108\/"}],"permalink":{"id":218845,"object_type":"law","relational_id":71341,"identifier":"4.1-206.3","token":"4.1\/I\/2\/2\/4.1-206.3","url":"\/4.1-206.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-206.3\/","token":"4.1\/I\/2\/2\/4.1-206.3","dublin_core":{"Title":"Retail licenses","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-206.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> may grant the following mixed beverages<\/span> licenses: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Mixed beverage<\/span> restaurant<\/span> licenses, which shall authorize the licensee<\/span> to sell<\/span> and serve mixed beverages<\/span> for on-premises consumption in dining areas<\/span> and other designated areas<\/span> of such restaurant<\/span> or off-premises consumption. Such license may be granted only to persons (i) who operate a restaurant<\/span> and (ii) whose gross receipts from the sale<\/span> of food cooked, or prepared, and consumed on the premises and nonalcoholic beverages served on the premises, after issuance of such license, amount to at least 45 percent of the gross receipts from the sale<\/span> of mixed beverages<\/span> and food. For the purposes of this subdivision, other designated areas<\/span> shall include outdoor dining areas<\/span>, whether or not contiguous to the licensed<\/span> premises, which outdoor dining areas<\/span> may have more than one means of ingress and egress to an adjacent public thoroughfare, provided such areas are under the control of the licensee<\/span> and approved by the Board<\/span>. Such noncontiguous designated areas shall not be approved for any retail license issued pursuant to subdivision A 5 of § 4.1-201<\/a>.\n\t\t\t\tIf the restaurant<\/span> is located on the premises of a hotel<\/span> or motel with no fewer than four permanent bedrooms where food and beverage service is customarily provided by the restaurant<\/span> in designated areas, bedrooms, and other private rooms of such hotel<\/span> or motel, such licensee<\/span> may (a) sell<\/span> and serve mixed beverages<\/span> for on-premises consumption in such designated areas, bedrooms, and other private rooms or off-premises consumption and (b) sell<\/span> spirits<\/span> packaged in original closed containers<\/span> purchased from the Board<\/span> for on-premises consumption to registered guests and at scheduled functions of such hotel<\/span> or motel only in such bedrooms or private rooms. However, with regard to a hotel<\/span> classified as a resort complex<\/span>, the Board<\/span> may authorize the sale<\/span> and on-premises consumption of alcoholic beverages<\/span> in all areas within the resort complex<\/span> deemed appropriate by the Board<\/span>. Nothing herein shall prohibit any person from keeping and consuming his own lawfully acquired spirits<\/span> in bedrooms or private rooms.\n\t\t\t\tIf the restaurant<\/span> is located on the premises of and operated by a private, nonprofit, or profit club<\/span> exclusively for its members and their guests, or members of another private, nonprofit, or profit club<\/span> in another city with which it has an agreement for reciprocal dining privileges<\/span>, such license shall also authorize the licensees<\/span> to (1) sell<\/span> and serve mixed beverages<\/span> for on-premises or off-premises consumption and (2) sell<\/span> spirits<\/span> that are packaged in original closed containers<\/span> with a maximum capacity of two fluid ounces or 50 milliliters and purchased from the Board<\/span> for on-premises consumption. Where such club<\/span> prepares no food in its restaurant<\/span> but purchases its food requirements from a restaurant<\/span> licensed<\/span> by the Board<\/span> and located on another portion of the premises of the same hotel<\/span> or motel building, this fact<\/span> shall not prohibit the granting of a license by the Board<\/span> to such club<\/span> qualifying in all other respects. The club<\/span>’s gross receipts from the sale<\/span> of nonalcoholic beverages consumed on the premises and food resold to its members and guests and consumed on the premises shall amount to at least 45 percent of its gross receipts from the sale<\/span> of mixed beverages<\/span> and food. The food sales<\/span> made by a restaurant<\/span> to such a club<\/span> shall be excluded in any consideration of the qualifications of such restaurant<\/span> for a license from the Board<\/span>.\n\t\t\t\tIf the restaurant<\/span> is located on the premises of and operated by a municipal golf course<\/span>, the Board<\/span> shall recognize the seasonal nature of the business and waive<\/span> any applicable monthly food sales<\/span> requirements for those months when weather conditions may reduce patronage of the golf course, provided that prepared food, including meals<\/span>, is available to patrons during the same months. The gross receipts from the sale<\/span> of food cooked, or prepared, and consumed on the premises and nonalcoholic beverages served on the premises, after the issuance of such license, shall amount to at least 45 percent of the gross receipts from the sale<\/span> of mixed beverages<\/span> and food on an annualized basis.\n\t\t\t\tIf the restaurant<\/span> is located on the premises of and operated by a culinary lodging resort<\/span>, such license shall authorize the licensee<\/span> to (A) sell<\/span> alcoholic beverages<\/span>, without regard to the amount of gross receipts from the sale<\/span> of food prepared and consumed on the premises, for off-premises consumption or for on-premises consumption in areas upon the licensed<\/span> premises approved by the Board<\/span> and other designated areas<\/span> of the resort, including outdoor areas under the control of the licensee<\/span>, and (B) permit the possession<\/span> and consumption of lawfully acquired alc\n\t\t\t\tIf the restaurant<\/span> is located on the premises of a mixed beverage<\/span> casino licensee<\/span> owned by an operator licensed<\/span> under Article 3 (§ 58.1-4108<\/a> et seq.) of Chapter 41 of Title 58.1, such mixed beverage<\/span> restaurant<\/span> license shall authorize the licensee<\/span> to sell<\/span> alcoholic beverages<\/span> for on-premises consumption on the licensed<\/span> premises of the restaurant<\/span> during all hours of operation of the mixed beverage<\/span> casino licensee<\/span>. Any alcoholic beverages<\/span> purchased from such restaurant<\/span> may be (I) taken onto the premises of the mixed beverage<\/span> casino licensee<\/span> and (II) possessed or consumed in areas designated by the Board<\/span>, after consultation with the mixed beverage<\/span> casino licensee<\/span>. Designated areas may include any areas on the premises of the mixed beverage<\/span> casino licensee<\/span>, including entertainment venues<\/span>, conference rooms, private rooms, hotels<\/span>, pools, marinas, or green spaces. Alcoholic beverages<\/span> purchased from a restaurant<\/span> pursuant to this subdivision shall be contained in glassware or a paper, plastic, or similar disposable container<\/span> that clearly displays the name or logo of the restaurant<\/span> from which the alcoholic beverage was purchased.\n\t\t\t\tThe granting of a license pursuant to this subdivision shall automatically authorize the licensee<\/span> to obtain a license to sell<\/span> and serve wine<\/span> and beer<\/span> for on-premises consumption and in closed containers<\/span> for off-premises consumption; however, the licensee<\/span> shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Mixed beverage<\/span> caterer’s licenses, which may be granted only to a person regularly engaged in the business of providing food and beverages to others for service at private gatherings or at special events<\/span>, which shall authorize the licensee<\/span> to sell<\/span> and serve alcoholic beverages<\/span> for on-premises consumption. The annual gross receipts from the sale<\/span> of food cooked and prepared for service and nonalcoholic beverages served at gatherings and events referred to in this subdivision shall amount to at least 45 percent of the gross receipts from the sale<\/span> of mixed beverages<\/span> and food. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Mixed beverage<\/span> limited caterer’s licenses, which may be granted only to a person regularly engaged in the business of providing food and beverages to others for service at private gatherings or at special events<\/span>, not to exceed 12 gatherings or events per year, which shall authorize the licensee<\/span> to sell<\/span> and serve alcoholic beverages<\/span> for on-premises consumption. The annual gross receipts from the sale<\/span> of food cooked and prepared for service and nonalcoholic beverages served at gatherings and events referred to in this subdivision shall amount to at least 45 percent of the gross receipts from the sale<\/span> of mixed beverages<\/span> and food. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Mixed beverage<\/span> carrier licenses to (i) persons operating a common carrier of passengers by train, boat, bus<\/span>, or airplane, which shall authorize the licensee<\/span> to sell<\/span> and serve mixed beverages<\/span> anywhere in the Commonwealth to passengers while in transit aboard any such common carrier, and in designated rooms of establishments<\/span> of air carriers at airports in the Commonwealth and (ii) financial institutions<\/span>, subsidiaries of a financial institution<\/span>, or persons approved by the applicable airport authority<\/span> that have entered into a contract<\/span> with a financial institution<\/span> or subsidiary of a financial institution<\/span> to operate a passenger lounge<\/span>, which shall authorize the licensee<\/span> to sell<\/span> and serve mixed beverages<\/span> in designated areas of a passenger lounge<\/span> for ticketed air carrier passengers that is located within an airport in the Commonwealth. For purposes of supplying its airplanes, as well as any airplanes of a licensed<\/span> express carrier flying under the same brand, an air carrier licensee<\/span> may appoint an authorized representative to load alcoholic beverages<\/span> onto the same airplanes and to transport and store alcoholic beverages<\/span> at or in close proximity to the airport where the alcoholic beverages<\/span> will be delivered onto airplanes of the air carrier and any such licensed<\/span> express carrier. The air carrier licensee<\/span> shall (a) designate for purposes of its license all locations where the inventory of alcoholic beverages<\/span> may be stored and from which the alcoholic beverages<\/span> will be delivered onto airplanes of the air carrier and any such licensed<\/span> express carrier and (b) maintain records of all alcoholic beverages<\/span> to be transported, stored, and delivered by its authorized representative. The granting of a license pursuant to this subdivision shall automatically authorize the licensee<\/span> to obtain a license to sell<\/span> and serve wine<\/span> and beer<\/span> for on-premises consumption or in closed containers<\/span> for off-premises consumption; however, the licensee<\/span> shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1<\/a>.\n\t\t\t\tFor the purposes of this subdivision:\n\t\t\t\t“Financial institution<\/span>” means any bank, trust company, savings institution, industrial loan association, consumer finance company, or credit union.\n\t\t\t\t“Passenger lounge<\/span>” means any restricted-access passenger waiting room or lounge leased to persons by the applicable airport authority<\/span> in which food and beverage services are provided to ticketed passengers. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Annual mixed beverage<\/span> sports facility<\/span> licenses to persons operating a sports facility<\/span> or food concessions at a sports facility<\/span>, which shall authorize the licensee<\/span> to sell<\/span> mixed beverages<\/span> during any event and immediately subsequent thereto to patrons within all seating areas, concourses, walkways, concession areas, and additional locations designated by the Board<\/span> (i) in closed containers<\/span> for off-premises consumption or (ii) in paper, plastic, or similar disposable containers<\/span> or in single original metal cans for on-premises consumption. Upon authorization of the licensee<\/span>, any person may keep and consume his own lawfully acquired alcoholic beverages<\/span> on the premises in all areas and locations covered by the license. The granting of a license pursuant to this subdivision shall automatically authorize the licensee<\/span> to obtain a license to sell<\/span> and serve wine<\/span> and beer<\/span> for on-premises consumption or in closed containers<\/span> for off-premises consumption; however, the licensee<\/span> shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Limited mixed beverage<\/span> restaurant<\/span> licenses, which shall authorize the licensee<\/span> to sell<\/span> and serve dessert wines<\/span> as defined by Board<\/span> regulation and no more than six varieties of liqueurs<\/span>, which liqueurs<\/span> shall be combined with coffee or other nonalcoholic beverages, for on-premises consumption in dining areas<\/span> of the restaurant<\/span> or off-premises consumption. Such license may be granted only to persons who operate a restaurant<\/span> and in no event shall the sale<\/span> of such wine<\/span> or liqueur<\/span>-based drinks, together with the sale<\/span> of any other alcoholic beverages<\/span>, exceed 10 percent of the total annual gross sales<\/span> of all food and alcoholic beverages<\/span>. The granting of a license pursuant to this subdivision shall automatically authorize the licensee<\/span> to obtain a license to sell<\/span> and serve wine<\/span> and beer<\/span> for on-premises consumption or in closed containers<\/span> for off-premises consumption; however, the licensee<\/span> shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Annual mixed beverage<\/span> performing arts facility<\/span> licenses, which shall (i) authorize the licensee<\/span> to sell<\/span>, on the dates of performances or events, alcoholic beverages<\/span> in paper, plastic, or similar disposable containers<\/span> or in single original metal cans for on-premises consumption in all seating areas, concourses, walkways, concession areas, similar facilities, and other areas upon the licensed<\/span> premises approved by the Board<\/span> and (ii) automatically authorize the licensee<\/span> to obtain a license to sell<\/span> and serve wine<\/span> and beer<\/span> for on-premises consumption or in closed containers<\/span> for off-premises consumption; however, the licensee<\/span> shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1<\/a>. Such licenses may be granted to persons operating a performing arts facility<\/span> or food concessions at a performing arts facility<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Combined mixed beverage<\/span> restaurant<\/span> and caterer’s licenses, which may be granted to any restaurant<\/span> or hotel<\/span> that meets the qualifications for both a mixed beverage<\/span> restaurant<\/span> pursuant to subdivision 1 and mixed beverage<\/span> caterer pursuant to subdivision 2 for the same business location, and which license shall authorize the licensee<\/span> to operate as both a mixed beverage<\/span> restaurant<\/span> and mixed beverage<\/span> caterer at the same business premises designated in the license, with a common alcoholic beverage inventory for purposes of the restaurant<\/span> and catering operations. Such licensee<\/span> shall meet the separate food qualifications established for the mixed beverage<\/span> restaurant<\/span> license pursuant to subdivision 1 and mixed beverage<\/span> caterer’s license pursuant to subdivision 2. The granting of a license pursuant to this subdivision shall automatically authorize the licensee<\/span> to obtain a license to sell<\/span> and serve wine<\/span> and beer<\/span> for on-premises consumption or in closed containers<\/span> for off-premises consumption; however, the licensee<\/span> shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Bed and breakfast licenses, which shall authorize the licensee<\/span> to (i) serve alcoholic beverages<\/span> in dining areas<\/span>, private guest rooms, and other designated areas<\/span> to persons to whom overnight lodging is being provided, with or without meals<\/span>, for on-premises consumption only in such rooms and areas, and without regard to the amount of gross receipts from the sale<\/span> of food prepared and consumed on the premises and (ii) permit the consumption of lawfully acquired alcoholic beverages<\/span> by persons to whom overnight lodging is being provided in (a) bedrooms or private guest rooms or (b) other designated areas<\/span> of the bed and breakfast establishment<\/span>. For purposes of this subdivision, “other designated areas<\/span>” includes outdoor dining areas<\/span>, whether or not contiguous to the licensed<\/span> premises, which may have more than one means of ingress and egress to an adjacent public thoroughfare, provided that such outdoor dining areas<\/span> are under the control of the licensee<\/span> and approved by the Board<\/span>. Such noncontiguous designated areas shall not be approved for any retail license issued pursuant to subdivision A 5 of § 4.1-201<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Museum licenses, which may be issued to nonprofit museums exempt from taxation under § 501(c)(3) of the Internal Revenue Code, which shall authorize the licensee<\/span> to (i) permit the consumption of lawfully acquired alcoholic beverages<\/span> on the premises of the licensee<\/span> by any bona fide member and guests thereof and (ii) serve alcoholic beverages<\/span> on the premises of the licensee<\/span> to any bona fide member and guests thereof. However, alcoholic beverages<\/span> shall not be sold or charged for in any way by the licensee<\/span>. The privileges<\/span> of this license shall be limited to the premises of the museum, regularly occupied and utilized as such. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Commercial lifestyle center<\/span> licenses, which may be issued only to a commercial owners’ association governing a commercial lifestyle center<\/span>, which shall authorize any retail on-premises restaurant<\/span> licensee<\/span> that is a tenant of the commercial lifestyle center<\/span> to sell<\/span> alcoholic beverages<\/span> to any bona fide customer to whom alcoholic beverages<\/span> may be lawfully sold for consumption on that portion of the licensed<\/span> premises of the commercial lifestyle center<\/span> designated by the Board<\/span>, including (i) plazas, seating areas, concourses, walkways, or such other similar areas and (ii) the premises of any tenant location of the commercial lifestyle center<\/span> that is not a retail licensee<\/span> of the Board<\/span>, upon approval of such tenant, but excluding any parking areas. Only alcoholic beverages<\/span> purchased from such retail on-premises restaurant<\/span> licensees<\/span> may be consumed on the licensed<\/span> premises of the commercial lifestyle center<\/span>, and such alcoholic beverages<\/span> shall be contained in paper, plastic, or similar disposable containers<\/span> with the name or logo of the restaurant<\/span> licensee<\/span> that sold the alcoholic beverage clearly displayed. Alcoholic beverages<\/span> shall not be sold or charged for in any way by the commercial lifestyle center<\/span> licensee<\/span>. The licensee<\/span> shall post appropriate signage clearly demarcating for the public the boundaries of the licensed<\/span> premises; however, no physical barriers shall be required for this purpose. The licensee<\/span> shall provide adequate security for the licensed<\/span> premises to ensure compliance with the applicable provisions of this subtitle and Board<\/span> regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Mixed beverage<\/span> port restaurant<\/span> licenses, which shall authorize the licensee<\/span> to sell<\/span> and serve mixed beverages<\/span> for consumption in dining areas<\/span> and other designated areas<\/span> of such restaurant<\/span>. Such license may be granted only to persons operating a business (i) that is primarily engaged in the sale<\/span> of meals; (ii) that is located on property owned by the United States government or an agency thereof and used as a port of entry to or egress from the United States; and (iii) whose gross receipts from the sale<\/span> of food cooked, or prepared, and consumed on the premises and nonalcoholic beverages served on the premises, after issuance of such license, amount to at least 45 percent of the gross receipts from the sale<\/span> of mixed beverages<\/span> and food. For the purposes of this subdivision, other designated areas<\/span> shall include outdoor dining areas<\/span>, whether or not contiguous to the licensed<\/span> premises, which outdoor dining areas<\/span> may have more than one means of ingress and egress to an adjacent public thoroughfare, provided such areas are under the control of the licensee<\/span> and approved by the Board<\/span>. Such noncontiguous designated areas shall not be approved for any retail license issued pursuant to subdivision A 5 of § 4.1-201<\/a>. The granting of a license pursuant to this subdivision shall automatically authorize the licensee<\/span> to obtain a license to sell<\/span> and serve wine<\/span> and beer<\/span> for on-premises consumption or in closed containers<\/span> for off-premises consumption; however, the licensee<\/span> shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Annual mixed beverage<\/span> special events<\/span> licenses to (i) a duly organized nonprofit corporation or association operating either a performing arts facility<\/span> or an art education and exhibition facility; (ii) a nonprofit corporation or association chartered by Congress for the preservation of sites, buildings, and objects<\/span> significant in American history and culture; (iii) persons operating an agricultural event and entertainment park or similar facility that has a minimum of 50,000 square feet of indoor exhibit space and equine and other livestock show areas, which includes barns, pavilions, or other structures equipped with roofs, exterior walls, and open-door or closed-door access; or (iv) a locality for special events<\/span> conducted on the premises of a museum for historic interpretation that is owned and operated by the locality. The operation in all cases shall be upon premises owned by such licensee<\/span> or occupied under a bona fide lease, the original term of which was for more than one year’s duration. Such license shall authorize the licensee<\/span> to sell<\/span> alcoholic beverages<\/span> during scheduled events and performances for on-premises consumption in areas upon the licensed<\/span> premises approved by the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Mixed beverage<\/span> casino licenses, which shall authorize the licensee<\/span> to (i) sell<\/span> and serve mixed beverages<\/span> for on-premises consumption in areas designated by the Board<\/span>, after consultation with the mixed beverage<\/span> casino licensee<\/span>, without regard to the amount of gross receipts from the sale<\/span> of food prepared and consumed on the premises and (ii) provide complimentary mixed beverages<\/span> to patrons for on-premises consumption in private areas or restricted access areas designated by the Board<\/span>, after consultation with the mixed beverage<\/span> casino licensee<\/span>. Designated areas may include any areas on the premises of the mixed beverage<\/span> casino licensee<\/span>, including entertainment venues<\/span>, private rooms, conference rooms, hotels<\/span>, pools, marinas, or green spaces. The granting of a license pursuant to this subdivision shall authorize the licensee<\/span> to obtain a license to sell<\/span> and serve wine<\/span> and beer<\/span> for on-premises consumption and in closed containers<\/span> for off-premises consumption in accordance with the provisions of this subdivision governing mixed beverages<\/span>; however, the licensee<\/span> shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1<\/a>. Notwithstanding any law<\/span> or regulation to the contrary, a mixed beverage<\/span> casino licensee<\/span> may exercise the privileges<\/span> of its license as set forth in this subdivision during all hours of operation of the casino gaming establishment; however, such licensee<\/span> shall not sell<\/span> wine<\/span> or beer<\/span> for off-premises consumption between the hours of 12 a.m. and 6 a.m.\n\t\t\t\tA mixed beverage<\/span> casino licensee<\/span> may (a) provide patrons gifts of alcoholic beverages<\/span> in closed containers<\/span> for personal consumption off the licensed<\/span> premises or in areas designated by the Board<\/span>, after consultation with the mixed beverage<\/span> casino licensee<\/span>, and (b) enable patrons who participate in a loyalty or reward credit program to redeem credits for the purchase of alcoholic beverages<\/span> for on-premises consumption. A summary of the operation of such loyalty or reward credit program shall be provided to the Board<\/span> upon request.\n\t\t\t\tA mixed beverage<\/span> casino license may only be issued to a casino gaming establishment owned by an operator licensed<\/span> under Article 3 (§ 58.1-4108<\/a> et seq.) of Chapter 41 of Title 58.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> may grant an on-and-off-premises wine<\/span> and beer<\/span> license to the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Hotels<\/span>, restaurants<\/span>, and clubs<\/span>, which shall authorize the licensee<\/span> to sell<\/span> wine<\/span> and beer<\/span> (i) in closed containers<\/span> for off-premises consumption or (ii) for on-premises consumption, either with or without meals<\/span>, in dining areas<\/span> and other designated areas<\/span> of such restaurants<\/span>, or in dining areas<\/span>, private guest rooms, and other designated areas<\/span> of such hotels<\/span> or clubs<\/span>, for consumption only in such rooms and areas. However, with regard to a hotel<\/span> classified by the Board<\/span> as (a) a resort complex<\/span>, the Board<\/span> may authorize the sale<\/span> and consumption of alcoholic beverages<\/span> in all areas within the resort complex<\/span> deemed appropriate by the Board<\/span> or (b) a limited service hotel<\/span>, the Board<\/span> may authorize the sale<\/span> and consumption of alcoholic beverages<\/span> in dining areas<\/span>, private guest rooms, and other designated areas<\/span> to persons to whom overnight lodging is being provided, for on-premises consumption in such rooms or areas, and without regard to the amount of gross receipts from the sale<\/span> of food prepared and consumed on the premises, provided that at least one meal is provided each day by the hotel<\/span> to such guests. With regard to facilities registered in accordance with Chapter 49 (§ 38.2-4900<\/a> et seq.) of Title 38.2 as continuing care communities that are also licensed<\/span> by the Board<\/span> under this subdivision, any resident may, upon authorization of the licensee<\/span>, keep and consume his own lawfully acquired alcoholic beverages<\/span> on the premises in all areas covered by the license. For purposes of this subdivision, “other designated areas<\/span>” includes outdoor dining areas<\/span>, whether or not contiguous to the licensed<\/span> premises, which may have more than one means of ingress and egress to an adjacent public thoroughfare, provided that such outdoor dining areas<\/span> are under the control of the licensee<\/span> and approved by the Board<\/span>. Such noncontiguous designated areas shall not be approved for any retail license issued pursuant to subdivision A 5 of § 4.1-201<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Hospitals, which shall authorize the licensee<\/span> to sell<\/span> wine<\/span> and beer<\/span> (i) in the rooms of patients for their on-premises consumption only in such rooms, provided the consent of the patient’s attending physician is first obtained or (ii) in closed containers<\/span> for off-premises consumption. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Rural grocery stores<\/span>, which shall authorize the licensee<\/span> to sell<\/span> wine<\/span> and beer<\/span> for on-premises consumption or in closed containers<\/span> for off-premises consumption. No license shall be granted unless (i) the grocery store<\/span> is located in any town or in a rural area outside the corporate limits of any city or town and (ii) it appears affirmatively that a substantial public demand for such licensed<\/span> establishment exists and that public convenience and the purposes of this subtitle will be promoted by granting the license. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Coliseums, stadiums, and racetracks, which shall authorize the licensee<\/span> to sell<\/span> wine<\/span> and beer<\/span> during any event and immediately subsequent thereto to patrons within all seating areas, concourses, walkways, concession areas, and additional locations designated by the Board<\/span> (i) in closed containers<\/span> for off-premises consumption or (ii) in paper, plastic, or similar disposable containers<\/span> or in single original metal cans for on-premises consumption. Upon authorization of the licensee<\/span>, any person may keep and consume his own lawfully acquired alcoholic beverages<\/span> on the premises in all areas and locations covered by the license. Such licenses may be granted to persons operating food concessions at coliseums, stadiums, racetracks, or similar facilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Performing arts food concessionaires, which shall authorize the licensee<\/span> to sell<\/span> wine<\/span> and beer<\/span> during the performance of any event to patrons within all seating areas, concourses, walkways, or concession areas, or other areas approved by the Board<\/span> (i) in closed containers<\/span> for off-premises consumption or (ii) in paper, plastic, or similar disposable containers<\/span> or in single original metal cans for on-premises consumption. Upon authorization of the licensee<\/span>, any person may keep and consume his own lawfully acquired alcoholic beverages<\/span> on the premises in all areas and locations covered by the license. Such licenses may be granted to persons operating food concessions at any performing arts facility<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Exhibition halls, which shall authorize the licensee<\/span> to sell<\/span> wine<\/span> and beer<\/span> during the event to patrons or attendees within all seating areas, exhibition areas, concourses, walkways, concession areas, and such additional locations designated by the Board<\/span> in such facilities (i) in closed containers<\/span> for off-premises consumption or (ii) in paper, plastic, or similar disposable containers<\/span> or in single original metal cans for on-premises consumption. Upon authorization of the licensee<\/span>, any person may keep and consume his own lawfully acquired alcoholic beverages<\/span> on the premises in all areas and locations covered by the license. Such licenses may be granted to persons operating food concessions at exhibition or exposition halls<\/span>, convention centers<\/span>, or similar facilities located in any county operating under the urban county executive form of government or any city that is completely surrounded by such county. For purposes of this subdivision, “exhibition or exposition hall<\/span>” and “convention centers<\/span>” mean facilities conducting private or public trade shows or exhibitions in an indoor facility having in excess of 100,000 square feet of floor space. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Concert and dinner-theaters, which shall authorize the licensee<\/span> to sell<\/span> wine<\/span> and beer<\/span> during events to patrons or attendees within all seating areas, exhibition areas, concourses, walkways, concession areas, dining areas<\/span>, and such additional locations designated by the Board<\/span> in such facilities, for on-premises consumption or in closed containers<\/span> for off-premises consumption. Persons licensed<\/span> pursuant to this subdivision shall serve food, prepared on or off premises, whenever wine<\/span> or beer<\/span> is served. Such licenses may be granted to persons operating concert or dinner-theater venues<\/span> on property fronting Natural Bridge School Road in Natural Bridge Station and formerly operated as Natural Bridge High School. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Historic cinema houses<\/span>, which shall authorize the licensee<\/span> to sell<\/span> wine<\/span> and beer<\/span>, either with or without meals<\/span>, during any showing of a motion<\/span> picture to patrons to whom alcoholic beverages<\/span> may be lawfully sold, for on-premises consumption or in closed containers<\/span> for off-premises consumption. The privileges<\/span> of this license shall be limited to the premises of the historic cinema house<\/span> regularly occupied and utilized as such. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Nonprofit museums, which shall authorize the licensee<\/span> to sell<\/span> wine<\/span> and beer<\/span> for on-premises consumption or in closed containers<\/span> for off-premises consumption in areas approved by the Board<\/span>. Such licenses may be granted to persons operating a nonprofit museum exempt from taxation under § 501(c)(3) of the Internal Revenue Code, located in the Town of Front Royal, and dedicated to educating the consuming public about historic beer<\/span> products. The privileges<\/span> of this license shall be limited to the premises of the museum, regularly occupied and utilized as such. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Board<\/span> may grant the following off-premises wine<\/span> and beer<\/span> licenses: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Retail off-premises wine<\/span> and beer<\/span> licenses, which may be granted to a convenience grocery store<\/span>, delicatessen<\/span>, drugstore<\/span>, gift shop<\/span>, gourmet oyster house<\/span>, gourmet shop<\/span>, grocery store, or marina store<\/span> as defined in § 4.1-100<\/a> and Board<\/span> regulations. Such license shall authorize the licensee<\/span> to sell<\/span> wine<\/span> and beer<\/span> in closed containers<\/span> for off-premises consumption and, notwithstanding the provisions of § 4.1-308<\/a>, to give to any person to whom wine<\/span> or beer<\/span> may be lawfully sold a sample of wine<\/span> or beer<\/span> for on-premises consumption; however, no single sample shall exceed four ounces of beer<\/span> or two ounces of wine<\/span> and no more than 12 ounces of beer<\/span> or five ounces of wine<\/span> shall be served to any person per day. The licensee<\/span> may also give samples of wine<\/span> and beer<\/span> in designated areas at events held by the licensee<\/span> for the purpose of featuring and educating the consuming public about the alcoholic beverages<\/span> being tasted. With the consent of the licensee<\/span>, farm wineries, wineries, breweries, distillers, and wholesale licensees<\/span> or authorized representatives of such licensees<\/span> may participate in such tastings, including the pouring of samples. The licensee<\/span> shall comply with any food inventory and sales<\/span> volume requirements established by Board<\/span> regulation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Gourmet brewing shop<\/span> licenses, which shall authorize the licensee<\/span> to sell<\/span> to any person to whom wine<\/span> or beer<\/span> may be lawfully sold, ingredients for making wine<\/span> or brewing beer<\/span>, including packaging, and to rent to such persons facilities for manufacturing, fermenting, and bottling such wine<\/span> or beer<\/span>, for off-premises consumption in accordance with subdivision 6 of § 4.1-200<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Confectionery licenses, which shall authorize the licensee<\/span> to prepare and sell<\/span> on the licensed<\/span> premises for off-premises consumption confectionery that contains five percent or less alcohol<\/span> by volume. Any alcohol<\/span> contained in such confectionery shall not be in liquid form at the time such confectionery is sold. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Board<\/span> may grant the following banquet, special event<\/span>, and tasting licenses: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Per-day event licenses.\n\t\t\t\ta. Banquet licenses to persons in charge of private banquets, and to duly organized nonprofit corporations or associations in charge of special events<\/span>, which shall authorize the licensee<\/span> to sell<\/span> or give wine<\/span> and beer<\/span> in rooms or areas approved by the Board<\/span> for the occasion for on-premises consumption in such rooms or areas. Licensees<\/span> who are nonprofit corporations or associations conducting fundraisers (i) shall also be authorized to sell<\/span> wine<\/span>, as part of any fundraising activity, in closed containers<\/span> for off-premises consumption to persons to whom wine<\/span> may be lawfully sold; (ii) shall be limited to no more than one such fundraiser per year; and (iii) if conducting such fundraiser through an online meeting platform, may ship such wine<\/span>, in accordance with Board<\/span> regulations, in closed containers<\/span> to persons located within the Commonwealth. Except as provided in § 4.1-215<\/a>, a separate license shall be required for each day of each banquet or special event<\/span>. For the purposes of this subdivision, when the location named in the original application for a license is outdoors, the application may also name an alternative location in the event of inclement weather. However, no such license shall be required of any hotel<\/span>, restaurant<\/span>, or club<\/span> holding a retail wine<\/span> and beer<\/span> license.\n\t\t\t\tb. Mixed beverage<\/span> special events<\/span> licenses to a duly organized nonprofit corporation or association in charge of a special event<\/span>, which shall authorize the licensee<\/span> to sell<\/span> and serve mixed beverages<\/span> for on-premises consumption in areas approved by the Board<\/span> on the premises of the place designated in the license. A separate license shall be required for each day of each special event<\/span>.\n\t\t\t\tc. Mixed beverage<\/span> club<\/span> events licenses to a club<\/span> holding a wine<\/span> and beer<\/span> club<\/span> license, which shall authorize the licensee<\/span> to sell<\/span> and serve mixed beverages<\/span> for on-premises consumption by club<\/span> members and their guests in areas approved by the Board<\/span> on the club<\/span> premises. A separate license shall be required for each day of each club<\/span> event. No more than 12 such licenses shall be granted to a club<\/span> in any calendar year. The granting of a license pursuant to this subdivision shall automatically authorize the licensee<\/span> to obtain a license to sell<\/span> and serve wine<\/span> and beer<\/span> for on-premises consumption; however, the licensee<\/span> shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1<\/a>.\n\t\t\t\td. Tasting licenses, which shall authorize the licensee<\/span> to sell<\/span> or give samples of alcoholic beverages<\/span> of the type specified in the license in designated areas at events held by the licensee<\/span>. A tasting license shall be issued for the purpose of featuring and educating the consuming public about the alcoholic beverages<\/span> being tasted. A separate license shall be required for each day of each tasting event. No tasting license shall be required for conduct authorized by § 4.1-201.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Annual licenses.\n\t\t\t\ta. Annual banquet licenses to duly organized private nonprofit fraternal, patriotic, or charitable membership organizations that are exempt from state and federal taxation and in charge of banquets conducted exclusively for members and their guests, which shall authorize the licensee<\/span> to serve wine<\/span> and beer<\/span> in rooms or areas approved by the Board<\/span> for the occasion for on-premises consumption in such rooms or areas. Such license shall authorize the licensee<\/span> to conduct no more than 12 banquets per calendar year. For the purposes of this subdivision, when the location named in the original application for a license is outdoors, the application may also name an alternative location in the event of inclement weather. However, no such license shall be required of any hotel<\/span>, restaurant<\/span>, or club<\/span> holding a retail wine<\/span> and beer<\/span> license.\n\t\t\t\tb. Banquet facility licenses to volunteer fire departments and volunteer emergency medical services agencies, which shall authorize the licensee<\/span> to permit the consumption of lawfully acquired alcoholic beverages<\/span> on the premises of the licensee<\/span> by any person, and bona fide members and guests thereof, otherwise eligible for a banquet license. However, lawfully acquired alcoholic beverages<\/span> shall not be purchased or sold by the licensee<\/span> or sold or charged for in any way by the person permitted to use the premises. Such premises shall be a volunteer fire or volunteer emergency medical services agency station or both, regularly occupied as such and recognized by the governing body of the county, city, or town in which it is located. Under conditions as specified by Board<\/span> regulation, such premises may be other than a volunteer fire or volunteer emergency medical services agency station, provided such other premises are occupied and under the control of the volunteer fire department or volunteer emergency medical services agency while the privileges<\/span> of its license are being exercised.\n\t\t\t\tc. Designated outdoor refreshment area licenses to a locality, business improvement district, or nonprofit organization, which shall authorize (i) the licensee<\/span> to permit the consumption of alcoholic beverages<\/span> within the area designated by the Board<\/span> for the designated outdoor refreshment area and (ii) any permanent retail on-premises licensee<\/span> that is located within the area designated by the Board<\/span> for the designated outdoor refreshment area to sell<\/span> alcoholic beverages<\/span> within the permanent retail location for consumption in the area designated for the designated outdoor refreshment area, including sidewalks and the premises of businesses not licensed<\/span> to sell<\/span> alcoholic beverages<\/span> at retail, upon approval of such businesses. In determining the designated area<\/span> for the designated outdoor refreshment area, the Board<\/span> shall consult with the locality. Designated outdoor refreshment area licensees<\/span> shall be limited to 16 events per year, and the duration of any event shall not exceed three consecutive days. However, the Board<\/span> may increase the frequency and duration of events after adoption of an ordinance<\/span> by a locality requesting such increase in frequency and duration. Such ordinance<\/span> shall include the size and scope of the area within which such events will be held, a public safety plan, and any other considerations deemed necessary by the Board<\/span>. Such limitations on the number of events that may be held shall not apply during the effective dates of any rule, regulation, or order<\/span> that is issued by the Governor or State Health Commissioner to meet a public health emergency and that effectively reduces allowable restaurant<\/span> seating capacity; however, designated outdoor refreshment area licensees<\/span> shall be subject to all other applicable provisions of this subtitle and Board<\/span> regulations and shall provide notice to the Board<\/span> regarding the days and times during which the privileges<\/span> of the license will be exercised. Only alcoholic beverages<\/span> purchased from permanent retail on-premises licensees<\/span> located within the designated area<\/span> may be consumed at the event, and such alcoholic beverages<\/span> shall be contained in paper, plastic, or similar disposable containers<\/span> that clearly display the name or logo of the retail on-premises licensee<\/span> from which the alcoholic beverage was purchased. Alcoholic beverages<\/span> shall not be sold or charged for in any way by the designated outdoor refreshment area licensee<\/span>. The designated outdoor refreshment area licensee<\/span> shall post appropriate signage clearly demarcating for the public the boundaries of the event; however, no physical barriers shall be required for this purpose. The designated outdoor refreshment area licensee<\/span> shall provide adequate security for the event to ensure compliance with the applicable provisions of this subtitle and Board<\/span> regulations.\n\t\t\t\td. Annual mixed beverage<\/span> banquet licenses to duly organized private nonprofit fraternal, patriotic, or charitable membership organizations that are exempt from state and federal taxation and in charge of banquets conducted exclusively for members and their guests, which shall authorize the licensee<\/span> to serve mixed beverages<\/span> for on-premises consumption in areas approved by the Board<\/span> on the premises of the place designated in the license. Such license shall authorize the licensee<\/span> to conduct no more than 12 banquets per calendar year. The granting of a license pursuant to this subdivision shall automatically authorize the licensee<\/span> to obtain a license to sell<\/span> and serve wine<\/span> and beer<\/span> for on-premises consumption; however, the licensee<\/span> shall be required to pay the local fee required for such additional license pursuant to § 4.1-233.1<\/a>.\n\t\t\t\te. Equine sporting event licenses, which may be issued to organizations holding equestrian, hunt, and steeplechase events, which shall authorize the licensee<\/span> to permit the consumption of lawfully acquired alcoholic beverages<\/span> on the premises of the licensee<\/span> by patrons thereof during such event. However, alcoholic beverages<\/span> shall not be sold or charged for in any way by the licensee<\/span>. The privileges<\/span> of this license shall be (i) limited to the premises of the licensee<\/span>, regularly occupied and utilized for equestrian, hunt, and steeplechase events, and (ii) exercised on no more than four calendar days per year.\n\t\t\t\tf. Annual arts venue<\/span> event licenses, to persons operating an arts venue<\/span>, which shall authorize the licensee<\/span> participating in a community art walk that is open to the public to serve lawfully acquired wine<\/span> or beer<\/span> on the premises of the licensee<\/span> to adult patrons thereof during such events. However, alcoholic beverages<\/span> shall not be sold or charged for in any way, directly or indirectly, by the licensee<\/span>, and the licensee<\/span> shall not give more than two five-ounce glasses of wine<\/span> or two 12-ounce glasses of beer<\/span> to any one adult patron. The privileges<\/span> of this license shall be (i) limited to the premises of the arts venue<\/span> regularly occupied and used as such and (ii) exercised on no more than 12 calendar days per year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Board<\/span> may grant a marketplace license to persons operating a business enterprise of which the primary function is not the sale<\/span> of alcoholic beverages<\/span>, which shall authorize the licensee<\/span> to serve complimentary wine<\/span> or beer<\/span> to bona fide customers on the licensed<\/span> premises subject to any limitations imposed by the Board<\/span>; however, the licensee<\/span> shall not give more than two five-ounce glasses of wine<\/span> or two 12-ounce glasses of beer<\/span> to any customer per day, nor shall it sell<\/span> or otherwise charge a fee to such customer for the wine<\/span> or beer<\/span> served or consumed. In order<\/span> to be eligible for and retain a marketplace license, the applicant’s business enterprise must (i) provide a single category of goods or services in a manner intended to create a personalized experience for the customer; (ii) employ staff with expertise in such goods or services; (iii) be ineligible for any other license granted by the Board<\/span>; (iv) have an alcoholic beverage control manager on the licensed<\/span> premises at all times alcohol<\/span> is served; (v) ensure that all employees satisfy any training requirements imposed by the Board<\/span>; and (vi) purchase all wine<\/span> and beer<\/span> to be served from a licensed<\/span> wholesaler or the Authority<\/span> and retain purchase records as prescribed by the Board<\/span>. In determining whether to grant a marketplace license, the Board<\/span> shall consider (a) the average amount of time customers spend at the business; (b) the business’s hours of operation; (c) the amount of time that the business has been in operation; and (d) any other requirements deemed necessary by the Board<\/span> to protect the public health, safety, and welfare. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Board<\/span> may grant the following shipper, bottler, and related licenses: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Wine<\/span> and beer<\/span> shipper licenses, which shall carry the privileges<\/span> and limitations set forth in § 4.1-209.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Internet wine and beer retailer<\/span> licenses, which shall authorize persons located within or outside the Commonwealth to sell<\/span> and ship wine and beer, in accordance with § 4.1-209.1<\/a> and Board<\/span> regulations, in closed containers<\/span> to persons in the Commonwealth to whom wine and beer may be lawfully sold for off-premises consumption. Such licensee<\/span> shall not be required to comply with the monthly food sale<\/span> requirement established by Board<\/span> regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Bottler licenses, which shall authorize the licensee<\/span> to acquire and receive deliveries and shipments of beer in closed containers<\/span> and to bottle<\/span>, sell<\/span>, and deliver or ship it, in accordance with Board<\/span> regulations to (i) wholesale beer licensees<\/span> for the purpose of resale, (ii) owners of boats registered under the laws<\/span> of the United States sailing for ports of call of a foreign country or another state, and (iii) persons outside the Commonwealth for resale outside the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Fulfillment warehouse licenses, which shall authorize associations as defined in § 13.1-313<\/a> with a place of business located in the Commonwealth to (i) receive deliveries and shipments of wine or beer owned by holders of wine and beer shipper’s licenses; (ii) store such wine or beer on behalf of the owner; and (iii) pick, pack, and ship such wine or beer as directed by the owner, all in accordance with Board<\/span> regulations. No wholesale wine or wholesale beer licensee<\/span>, whether licensed<\/span> in the Commonwealth or not, or any person under common control of such licensee<\/span>, shall acquire or hold any financial interest, direct or indirect, in the business for which any fulfillment warehouse license is issued. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Marketing portal licenses, which shall authorize agricultural cooperative<\/span> associations organized under the provisions of the Agricultural Cooperative<\/span> Association Act (§ 13.1-312<\/a> et seq.), with a place of business located in the Commonwealth, in accordance with Board<\/span> regulations, to solicit and receive orders<\/span> for wine or beer through the use of the Internet from persons in the Commonwealth to whom wine or beer may be lawfully sold, on behalf of holders of wine and beer shipper’s licenses. Upon receipt of an order<\/span> for wine or beer, the licensee<\/span> shall forward it to a holder of a wine and beer shipper’s license for fulfillment. Marketing portal licensees<\/span> may also accept payment on behalf of the shipper. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Third-party<\/span> delivery licenses, which shall carry the privileges<\/span> and limitations set forth in § 4.1-212.2<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRETAIL LICENSES (\u00a7 4.1-206.3)\n\nA. The Board may grant the following mixed beverages licenses:\n\n 1. Mixed beverage restaurant licenses, which shall authorize the licensee to\n sell and serve mixed beverages for on-premises consumption in dining areas and\n other designated areas of such restaurant or off-premises consumption. Such\n license may be granted only to persons (i) who operate a restaurant and (ii)\n whose gross receipts from the sale of food cooked, or prepared, and consumed\n on the premises and nonalcoholic beverages served on the premises, after\n issuance of such license, amount to at least 45 percent of the gross receipts\n from the sale of mixed beverages and food. For the purposes of this\n subdivision, other designated areas shall include outdoor dining areas,\n whether or not contiguous to the licensed premises, which outdoor dining areas\n may have more than one means of ingress and egress to an adjacent public\n thoroughfare, provided such areas are under the control of the licensee and\n approved by the Board. Such noncontiguous designated areas shall not be\n approved for any retail license issued pursuant to subdivision A 5 of §\n 4.1-201.\n \t\t\t\tIf the restaurant is located on the premises of a hotel or motel with no\n fewer than four permanent bedrooms where food and beverage service is\n customarily provided by the restaurant in designated areas, bedrooms, and\n other private rooms of such hotel or motel, such licensee may (a) sell and\n serve mixed beverages for on-premises consumption in such designated areas,\n bedrooms, and other private rooms or off-premises consumption and (b) sell\n spirits packaged in original closed containers purchased from the Board for\n on-premises consumption to registered guests and at scheduled functions of\n such hotel or motel only in such bedrooms or private rooms. However, with\n regard to a hotel classified as a resort complex, the Board may authorize the\n sale and on-premises consumption of alcoholic beverages in all areas within\n the resort complex deemed appropriate by the Board. Nothing herein shall\n prohibit any person from keeping and consuming his own lawfully acquired\n spirits in bedrooms or private rooms.\n \t\t\t\tIf the restaurant is located on the premises of and operated by a private,\n nonprofit, or profit club exclusively for its members and their guests, or\n members of another private, nonprofit, or profit club in another city with\n which it has an agreement for reciprocal dining privileges, such license shall\n also authorize the licensees to (1) sell and serve mixed beverages for\n on-premises or off-premises consumption and (2) sell spirits that are packaged\n in original closed containers with a maximum capacity of two fluid ounces or\n 50 milliliters and purchased from the Board for on-premises consumption. Where\n such club prepares no food in its restaurant but purchases its food\n requirements from a restaurant licensed by the Board and located on another\n portion of the premises of the same hotel or motel building, this fact shall\n not prohibit the granting of a license by the Board to such club qualifying in\n all other respects. The club’s gross receipts from the sale of\n nonalcoholic beverages consumed on the premises and food resold to its members\n and guests and consumed on the premises shall amount to at least 45 percent of\n its gross receipts from the sale of mixed beverages and food. The food sales\n made by a restaurant to such a club shall be excluded in any consideration of\n the qualifications of such restaurant for a license from the Board.\n \t\t\t\tIf the restaurant is located on the premises of and operated by a\n municipal golf course, the Board shall recognize the seasonal nature of the\n business and waive any applicable monthly food sales requirements for those\n months when weather conditions may reduce patronage of the golf course,\n provided that prepared food, including meals, is available to patrons during\n the same months. The gross receipts from the sale of food cooked, or prepared,\n and consumed on the premises and nonalcoholic beverages served on the\n premises, after the issuance of such license, shall amount to at least 45\n percent of the gross receipts from the sale of mixed beverages and food on an\n annualized basis.\n \t\t\t\tIf the restaurant is located on the premises of and operated by a culinary\n lodging resort, such license shall authorize the licensee to (A) sell\n alcoholic beverages, without regard to the amount of gross receipts from the\n sale of food prepared and consumed on the premises, for off-premises\n consumption or for on-premises consumption in areas upon the licensed premises\n approved by the Board and other designated areas of the resort, including\n outdoor areas under the control of the licensee, and (B) permit the possession\n and consumption of lawfully acquired alc\n \t\t\t\tIf the restaurant is located on the premises of a mixed beverage casino\n licensee owned by an operator licensed under Article 3 (§ 58.1-4108 et\n seq.) of Chapter 41 of Title 58.1, such mixed beverage restaurant license\n shall authorize the licensee to sell alcoholic beverages for on-premises\n consumption on the licensed premises of the restaurant during all hours of\n operation of the mixed beverage casino licensee. Any alcoholic beverages\n purchased from such restaurant may be (I) taken onto the premises of the mixed\n beverage casino licensee and (II) possessed or consumed in areas designated by\n the Board, after consultation with the mixed beverage casino licensee.\n Designated areas may include any areas on the premises of the mixed beverage\n casino licensee, including entertainment venues, conference rooms, private\n rooms, hotels, pools, marinas, or green spaces. Alcoholic beverages purchased\n from a restaurant pursuant to this subdivision shall be contained in glassware\n or a paper, plastic, or similar disposable container that clearly displays the\n name or logo of the restaurant from which the alcoholic beverage was\n purchased.\n \t\t\t\tThe granting of a license pursuant to this subdivision shall automatically\n authorize the licensee to obtain a license to sell and serve wine and beer for\n on-premises consumption and in closed containers for off-premises consumption;\n however, the licensee shall be required to pay the local fee required for such\n additional license pursuant to § 4.1-233.1.\n\n 2. Mixed beverage caterer’s licenses, which may be granted only to a\n person regularly engaged in the business of providing food and beverages to\n others for service at private gatherings or at special events, which shall\n authorize the licensee to sell and serve alcoholic beverages for on-premises\n consumption. The annual gross receipts from the sale of food cooked and\n prepared for service and nonalcoholic beverages served at gatherings and\n events referred to in this subdivision shall amount to at least 45 percent of\n the gross receipts from the sale of mixed beverages and food.\n\n 3. Mixed beverage limited caterer’s licenses, which may be granted only\n to a person regularly engaged in the business of providing food and beverages\n to others for service at private gatherings or at special events, not to\n exceed 12 gatherings or events per year, which shall authorize the licensee to\n sell and serve alcoholic beverages for on-premises consumption. The annual\n gross receipts from the sale of food cooked and prepared for service and\n nonalcoholic beverages served at gatherings and events referred to in this\n subdivision shall amount to at least 45 percent of the gross receipts from the\n sale of mixed beverages and food.\n\n 4. Mixed beverage carrier licenses to (i) persons operating a common carrier\n of passengers by train, boat, bus, or airplane, which shall authorize the\n licensee to sell and serve mixed beverages anywhere in the Commonwealth to\n passengers while in transit aboard any such common carrier, and in designated\n rooms of establishments of air carriers at airports in the Commonwealth and\n (ii) financial institutions, subsidiaries of a financial institution, or\n persons approved by the applicable airport authority that have entered into a\n contract with a financial institution or subsidiary of a financial institution\n to operate a passenger lounge, which shall authorize the licensee to sell and\n serve mixed beverages in designated areas of a passenger lounge for ticketed\n air carrier passengers that is located within an airport in the Commonwealth.\n For purposes of supplying its airplanes, as well as any airplanes of a\n licensed express carrier flying under the same brand, an air carrier licensee\n may appoint an authorized representative to load alcoholic beverages onto the\n same airplanes and to transport and store alcoholic beverages at or in close\n proximity to the airport where the alcoholic beverages will be delivered onto\n airplanes of the air carrier and any such licensed express carrier. The air\n carrier licensee shall (a) designate for purposes of its license all locations\n where the inventory of alcoholic beverages may be stored and from which the\n alcoholic beverages will be delivered onto airplanes of the air carrier and\n any such licensed express carrier and (b) maintain records of all alcoholic\n beverages to be transported, stored, and delivered by its authorized\n representative. The granting of a license pursuant to this subdivision shall\n automatically authorize the licensee to obtain a license to sell and serve\n wine and beer for on-premises consumption or in closed containers for\n off-premises consumption; however, the licensee shall be required to pay the\n local fee required for such additional license pursuant to § 4.1-233.1.\n \t\t\t\tFor the purposes of this subdivision:\n \t\t\t\t“Financial institution” means any bank, trust company, savings\n institution, industrial loan association, consumer finance company, or credit\n union.\n \t\t\t\t“Passenger lounge” means any restricted-access passenger\n waiting room or lounge leased to persons by the applicable airport authority\n in which food and beverage services are provided to ticketed passengers.\n\n 5. Annual mixed beverage sports facility licenses to persons operating a\n sports facility or food concessions at a sports facility, which shall\n authorize the licensee to sell mixed beverages during any event and\n immediately subsequent thereto to patrons within all seating areas,\n concourses, walkways, concession areas, and additional locations designated by\n the Board (i) in closed containers for off-premises consumption or (ii) in\n paper, plastic, or similar disposable containers or in single original metal\n cans for on-premises consumption. Upon authorization of the licensee, any\n person may keep and consume his own lawfully acquired alcoholic beverages on\n the premises in all areas and locations covered by the license. The granting\n of a license pursuant to this subdivision shall automatically authorize the\n licensee to obtain a license to sell and serve wine and beer for on-premises\n consumption or in closed containers for off-premises consumption; however, the\n licensee shall be required to pay the local fee required for such additional\n license pursuant to § 4.1-233.1.\n\n 6. Limited mixed beverage restaurant licenses, which shall authorize the\n licensee to sell and serve dessert wines as defined by Board regulation and no\n more than six varieties of liqueurs, which liqueurs shall be combined with\n coffee or other nonalcoholic beverages, for on-premises consumption in dining\n areas of the restaurant or off-premises consumption. Such license may be\n granted only to persons who operate a restaurant and in no event shall the\n sale of such wine or liqueur-based drinks, together with the sale of any other\n alcoholic beverages, exceed 10 percent of the total annual gross sales of all\n food and alcoholic beverages. The granting of a license pursuant to this\n subdivision shall automatically authorize the licensee to obtain a license to\n sell and serve wine and beer for on-premises consumption or in closed\n containers for off-premises consumption; however, the licensee shall be\n required to pay the local fee required for such additional license pursuant to\n § 4.1-233.1.\n\n 7. Annual mixed beverage performing arts facility licenses, which shall (i)\n authorize the licensee to sell, on the dates of performances or events,\n alcoholic beverages in paper, plastic, or similar disposable containers or in\n single original metal cans for on-premises consumption in all seating areas,\n concourses, walkways, concession areas, similar facilities, and other areas\n upon the licensed premises approved by the Board and (ii) automatically\n authorize the licensee to obtain a license to sell and serve wine and beer for\n on-premises consumption or in closed containers for off-premises consumption;\n however, the licensee shall be required to pay the local fee required for such\n additional license pursuant to § 4.1-233.1. Such licenses may be granted\n to persons operating a performing arts facility or food concessions at a\n performing arts facility.\n\n 8. Combined mixed beverage restaurant and caterer’s licenses, which may\n be granted to any restaurant or hotel that meets the qualifications for both a\n mixed beverage restaurant pursuant to subdivision 1 and mixed beverage caterer\n pursuant to subdivision 2 for the same business location, and which license\n shall authorize the licensee to operate as both a mixed beverage restaurant\n and mixed beverage caterer at the same business premises designated in the\n license, with a common alcoholic beverage inventory for purposes of the\n restaurant and catering operations. Such licensee shall meet the separate food\n qualifications established for the mixed beverage restaurant license pursuant\n to subdivision 1 and mixed beverage caterer’s license pursuant to\n subdivision 2. The granting of a license pursuant to this subdivision shall\n automatically authorize the licensee to obtain a license to sell and serve\n wine and beer for on-premises consumption or in closed containers for\n off-premises consumption; however, the licensee shall be required to pay the\n local fee required for such additional license pursuant to § 4.1-233.1.\n\n 9. Bed and breakfast licenses, which shall authorize the licensee to (i) serve\n alcoholic beverages in dining areas, private guest rooms, and other designated\n areas to persons to whom overnight lodging is being provided, with or without\n meals, for on-premises consumption only in such rooms and areas, and without\n regard to the amount of gross receipts from the sale of food prepared and\n consumed on the premises and (ii) permit the consumption of lawfully acquired\n alcoholic beverages by persons to whom overnight lodging is being provided in\n (a) bedrooms or private guest rooms or (b) other designated areas of the bed\n and breakfast establishment. For purposes of this subdivision, “other\n designated areas” includes outdoor dining areas, whether or not\n contiguous to the licensed premises, which may have more than one means of\n ingress and egress to an adjacent public thoroughfare, provided that such\n outdoor dining areas are under the control of the licensee and approved by the\n Board. Such noncontiguous designated areas shall not be approved for any\n retail license issued pursuant to subdivision A 5 of § 4.1-201.\n\n 10. Museum licenses, which may be issued to nonprofit museums exempt from\n taxation under § 501(c)(3) of the Internal Revenue Code, which shall\n authorize the licensee to (i) permit the consumption of lawfully acquired\n alcoholic beverages on the premises of the licensee by any bona fide member\n and guests thereof and (ii) serve alcoholic beverages on the premises of the\n licensee to any bona fide member and guests thereof. However, alcoholic\n beverages shall not be sold or charged for in any way by the licensee. The\n privileges of this license shall be limited to the premises of the museum,\n regularly occupied and utilized as such.\n\n 11. Commercial lifestyle center licenses, which may be issued only to a\n commercial owners’ association governing a commercial lifestyle center,\n which shall authorize any retail on-premises restaurant licensee that is a\n tenant of the commercial lifestyle center to sell alcoholic beverages to any\n bona fide customer to whom alcoholic beverages may be lawfully sold for\n consumption on that portion of the licensed premises of the commercial\n lifestyle center designated by the Board, including (i) plazas, seating areas,\n concourses, walkways, or such other similar areas and (ii) the premises of any\n tenant location of the commercial lifestyle center that is not a retail\n licensee of the Board, upon approval of such tenant, but excluding any parking\n areas. Only alcoholic beverages purchased from such retail on-premises\n restaurant licensees may be consumed on the licensed premises of the\n commercial lifestyle center, and such alcoholic beverages shall be contained\n in paper, plastic, or similar disposable containers with the name or logo of\n the restaurant licensee that sold the alcoholic beverage clearly displayed.\n Alcoholic beverages shall not be sold or charged for in any way by the\n commercial lifestyle center licensee. The licensee shall post appropriate\n signage clearly demarcating for the public the boundaries of the licensed\n premises; however, no physical barriers shall be required for this purpose.\n The licensee shall provide adequate security for the licensed premises to\n ensure compliance with the applicable provisions of this subtitle and Board\n regulations.\n\n 12. Mixed beverage port restaurant licenses, which shall authorize the\n licensee to sell and serve mixed beverages for consumption in dining areas and\n other designated areas of such restaurant. Such license may be granted only to\n persons operating a business (i) that is primarily engaged in the sale of\n meals; (ii) that is located on property owned by the United States government\n or an agency thereof and used as a port of entry to or egress from the United\n States; and (iii) whose gross receipts from the sale of food cooked, or\n prepared, and consumed on the premises and nonalcoholic beverages served on\n the premises, after issuance of such license, amount to at least 45 percent of\n the gross receipts from the sale of mixed beverages and food. For the purposes\n of this subdivision, other designated areas shall include outdoor dining\n areas, whether or not contiguous to the licensed premises, which outdoor\n dining areas may have more than one means of ingress and egress to an adjacent\n public thoroughfare, provided such areas are under the control of the licensee\n and approved by the Board. Such noncontiguous designated areas shall not be\n approved for any retail license issued pursuant to subdivision A 5 of §\n 4.1-201. The granting of a license pursuant to this subdivision shall\n automatically authorize the licensee to obtain a license to sell and serve\n wine and beer for on-premises consumption or in closed containers for\n off-premises consumption; however, the licensee shall be required to pay the\n local fee required for such additional license pursuant to § 4.1-233.1.\n\n 13. Annual mixed beverage special events licenses to (i) a duly organized\n nonprofit corporation or association operating either a performing arts\n facility or an art education and exhibition facility; (ii) a nonprofit\n corporation or association chartered by Congress for the preservation of\n sites, buildings, and objects significant in American history and culture;\n (iii) persons operating an agricultural event and entertainment park or\n similar facility that has a minimum of 50,000 square feet of indoor exhibit\n space and equine and other livestock show areas, which includes barns,\n pavilions, or other structures equipped with roofs, exterior walls, and\n open-door or closed-door access; or (iv) a locality for special events\n conducted on the premises of a museum for historic interpretation that is\n owned and operated by the locality. The operation in all cases shall be upon\n premises owned by such licensee or occupied under a bona fide lease, the\n original term of which was for more than one year’s duration. Such\n license shall authorize the licensee to sell alcoholic beverages during\n scheduled events and performances for on-premises consumption in areas upon\n the licensed premises approved by the Board.\n\n 14. Mixed beverage casino licenses, which shall authorize the licensee to (i)\n sell and serve mixed beverages for on-premises consumption in areas designated\n by the Board, after consultation with the mixed beverage casino licensee,\n without regard to the amount of gross receipts from the sale of food prepared\n and consumed on the premises and (ii) provide complimentary mixed beverages to\n patrons for on-premises consumption in private areas or restricted access\n areas designated by the Board, after consultation with the mixed beverage\n casino licensee. Designated areas may include any areas on the premises of the\n mixed beverage casino licensee, including entertainment venues, private rooms,\n conference rooms, hotels, pools, marinas, or green spaces. The granting of a\n license pursuant to this subdivision shall authorize the licensee to obtain a\n license to sell and serve wine and beer for on-premises consumption and in\n closed containers for off-premises consumption in accordance with the\n provisions of this subdivision governing mixed beverages; however, the\n licensee shall be required to pay the local fee required for such additional\n license pursuant to § 4.1-233.1. Notwithstanding any law or regulation to\n the contrary, a mixed beverage casino licensee may exercise the privileges of\n its license as set forth in this subdivision during all hours of operation of\n the casino gaming establishment; however, such licensee shall not sell wine or\n beer for off-premises consumption between the hours of 12 a.m. and 6 a.m.\n \t\t\t\tA mixed beverage casino licensee may (a) provide patrons gifts of\n alcoholic beverages in closed containers for personal consumption off the\n licensed premises or in areas designated by the Board, after consultation with\n the mixed beverage casino licensee, and (b) enable patrons who participate in\n a loyalty or reward credit program to redeem credits for the purchase of\n alcoholic beverages for on-premises consumption. A summary of the operation of\n such loyalty or reward credit program shall be provided to the Board upon\n request.\n \t\t\t\tA mixed beverage casino license may only be issued to a casino gaming\n establishment owned by an operator licensed under Article 3 (§ 58.1-4108\n et seq.) of Chapter 41 of Title 58.1.\n\nB. The Board may grant an on-and-off-premises wine and beer license to the\nfollowing:\n\n 1. Hotels, restaurants, and clubs, which shall authorize the licensee to sell\n wine and beer (i) in closed containers for off-premises consumption or (ii)\n for on-premises consumption, either with or without meals, in dining areas and\n other designated areas of such restaurants, or in dining areas, private guest\n rooms, and other designated areas of such hotels or clubs, for consumption\n only in such rooms and areas. However, with regard to a hotel classified by\n the Board as (a) a resort complex, the Board may authorize the sale and\n consumption of alcoholic beverages in all areas within the resort complex\n deemed appropriate by the Board or (b) a limited service hotel, the Board may\n authorize the sale and consumption of alcoholic beverages in dining areas,\n private guest rooms, and other designated areas to persons to whom overnight\n lodging is being provided, for on-premises consumption in such rooms or areas,\n and without regard to the amount of gross receipts from the sale of food\n prepared and consumed on the premises, provided that at least one meal is\n provided each day by the hotel to such guests. With regard to facilities\n registered in accordance with Chapter 49 (§ 38.2-4900 et seq.) of Title\n 38.2 as continuing care communities that are also licensed by the Board under\n this subdivision, any resident may, upon authorization of the licensee, keep\n and consume his own lawfully acquired alcoholic beverages on the premises in\n all areas covered by the license. For purposes of this subdivision,\n “other designated areas” includes outdoor dining areas, whether or\n not contiguous to the licensed premises, which may have more than one means of\n ingress and egress to an adjacent public thoroughfare, provided that such\n outdoor dining areas are under the control of the licensee and approved by the\n Board. Such noncontiguous designated areas shall not be approved for any\n retail license issued pursuant to subdivision A 5 of § 4.1-201.\n\n 2. Hospitals, which shall authorize the licensee to sell wine and beer (i) in\n the rooms of patients for their on-premises consumption only in such rooms,\n provided the consent of the patient’s attending physician is first\n obtained or (ii) in closed containers for off-premises consumption.\n\n 3. Rural grocery stores, which shall authorize the licensee to sell wine and\n beer for on-premises consumption or in closed containers for off-premises\n consumption. No license shall be granted unless (i) the grocery store is\n located in any town or in a rural area outside the corporate limits of any\n city or town and (ii) it appears affirmatively that a substantial public\n demand for such licensed establishment exists and that public convenience and\n the purposes of this subtitle will be promoted by granting the license.\n\n 4. Coliseums, stadiums, and racetracks, which shall authorize the licensee to\n sell wine and beer during any event and immediately subsequent thereto to\n patrons within all seating areas, concourses, walkways, concession areas, and\n additional locations designated by the Board (i) in closed containers for\n off-premises consumption or (ii) in paper, plastic, or similar disposable\n containers or in single original metal cans for on-premises consumption. Upon\n authorization of the licensee, any person may keep and consume his own\n lawfully acquired alcoholic beverages on the premises in all areas and\n locations covered by the license. Such licenses may be granted to persons\n operating food concessions at coliseums, stadiums, racetracks, or similar\n facilities.\n\n 5. Performing arts food concessionaires, which shall authorize the licensee to\n sell wine and beer during the performance of any event to patrons within all\n seating areas, concourses, walkways, or concession areas, or other areas\n approved by the Board (i) in closed containers for off-premises consumption or\n (ii) in paper, plastic, or similar disposable containers or in single original\n metal cans for on-premises consumption. Upon authorization of the licensee,\n any person may keep and consume his own lawfully acquired alcoholic beverages\n on the premises in all areas and locations covered by the license. Such\n licenses may be granted to persons operating food concessions at any\n performing arts facility.\n\n 6. Exhibition halls, which shall authorize the licensee to sell wine and beer\n during the event to patrons or attendees within all seating areas, exhibition\n areas, concourses, walkways, concession areas, and such additional locations\n designated by the Board in such facilities (i) in closed containers for\n off-premises consumption or (ii) in paper, plastic, or similar disposable\n containers or in single original metal cans for on-premises consumption. Upon\n authorization of the licensee, any person may keep and consume his own\n lawfully acquired alcoholic beverages on the premises in all areas and\n locations covered by the license. Such licenses may be granted to persons\n operating food concessions at exhibition or exposition halls, convention\n centers, or similar facilities located in any county operating under the urban\n county executive form of government or any city that is completely surrounded\n by such county. For purposes of this subdivision, “exhibition or\n exposition hall” and “convention centers” mean facilities\n conducting private or public trade shows or exhibitions in an indoor facility\n having in excess of 100,000 square feet of floor space.\n\n 7. Concert and dinner-theaters, which shall authorize the licensee to sell\n wine and beer during events to patrons or attendees within all seating areas,\n exhibition areas, concourses, walkways, concession areas, dining areas, and\n such additional locations designated by the Board in such facilities, for\n on-premises consumption or in closed containers for off-premises consumption.\n Persons licensed pursuant to this subdivision shall serve food, prepared on or\n off premises, whenever wine or beer is served. Such licenses may be granted to\n persons operating concert or dinner-theater venues on property fronting\n Natural Bridge School Road in Natural Bridge Station and formerly operated as\n Natural Bridge High School.\n\n 8. Historic cinema houses, which shall authorize the licensee to sell wine and\n beer, either with or without meals, during any showing of a motion picture to\n patrons to whom alcoholic beverages may be lawfully sold, for on-premises\n consumption or in closed containers for off-premises consumption. The\n privileges of this license shall be limited to the premises of the historic\n cinema house regularly occupied and utilized as such.\n\n 9. Nonprofit museums, which shall authorize the licensee to sell wine and beer\n for on-premises consumption or in closed containers for off-premises\n consumption in areas approved by the Board. Such licenses may be granted to\n persons operating a nonprofit museum exempt from taxation under §\n 501(c)(3) of the Internal Revenue Code, located in the Town of Front Royal,\n and dedicated to educating the consuming public about historic beer products.\n The privileges of this license shall be limited to the premises of the museum,\n regularly occupied and utilized as such.\n\nC. The Board may grant the following off-premises wine and beer licenses:\n\n 1. Retail off-premises wine and beer licenses, which may be granted to a\n convenience grocery store, delicatessen, drugstore, gift shop, gourmet oyster\n house, gourmet shop, grocery store, or marina store as defined in §\n 4.1-100 and Board regulations. Such license shall authorize the licensee to\n sell wine and beer in closed containers for off-premises consumption and,\n notwithstanding the provisions of § 4.1-308, to give to any person to\n whom wine or beer may be lawfully sold a sample of wine or beer for\n on-premises consumption; however, no single sample shall exceed four ounces of\n beer or two ounces of wine and no more than 12 ounces of beer or five ounces\n of wine shall be served to any person per day. The licensee may also give\n samples of wine and beer in designated areas at events held by the licensee\n for the purpose of featuring and educating the consuming public about the\n alcoholic beverages being tasted. With the consent of the licensee, farm\n wineries, wineries, breweries, distillers, and wholesale licensees or\n authorized representatives of such licensees may participate in such tastings,\n including the pouring of samples. The licensee shall comply with any food\n inventory and sales volume requirements established by Board regulation.\n\n 2. Gourmet brewing shop licenses, which shall authorize the licensee to sell\n to any person to whom wine or beer may be lawfully sold, ingredients for\n making wine or brewing beer, including packaging, and to rent to such persons\n facilities for manufacturing, fermenting, and bottling such wine or beer, for\n off-premises consumption in accordance with subdivision 6 of § 4.1-200.\n\n 3. Confectionery licenses, which shall authorize the licensee to prepare and\n sell on the licensed premises for off-premises consumption confectionery that\n contains five percent or less alcohol by volume. Any alcohol contained in such\n confectionery shall not be in liquid form at the time such confectionery is\n sold.\n\nD. The Board may grant the following banquet, special event, and tasting\nlicenses:\n\n 1. Per-day event licenses.\n \t\t\t\ta. Banquet licenses to persons in charge of private banquets, and to duly\n organized nonprofit corporations or associations in charge of special events,\n which shall authorize the licensee to sell or give wine and beer in rooms or\n areas approved by the Board for the occasion for on-premises consumption in\n such rooms or areas. Licensees who are nonprofit corporations or associations\n conducting fundraisers (i) shall also be authorized to sell wine, as part of\n any fundraising activity, in closed containers for off-premises consumption to\n persons to whom wine may be lawfully sold; (ii) shall be limited to no more\n than one such fundraiser per year; and (iii) if conducting such fundraiser\n through an online meeting platform, may ship such wine, in accordance with\n Board regulations, in closed containers to persons located within the\n Commonwealth. Except as provided in § 4.1-215, a separate license shall\n be required for each day of each banquet or special event. For the purposes of\n this subdivision, when the location named in the original application for a\n license is outdoors, the application may also name an alternative location in\n the event of inclement weather. However, no such license shall be required of\n any hotel, restaurant, or club holding a retail wine and beer license.\n \t\t\t\tb. Mixed beverage special events licenses to a duly organized nonprofit\n corporation or association in charge of a special event, which shall authorize\n the licensee to sell and serve mixed beverages for on-premises consumption in\n areas approved by the Board on the premises of the place designated in the\n license. A separate license shall be required for each day of each special\n event.\n \t\t\t\tc. Mixed beverage club events licenses to a club holding a wine and beer\n club license, which shall authorize the licensee to sell and serve mixed\n beverages for on-premises consumption by club members and their guests in\n areas approved by the Board on the club premises. A separate license shall be\n required for each day of each club event. No more than 12 such licenses shall\n be granted to a club in any calendar year. The granting of a license pursuant\n to this subdivision shall automatically authorize the licensee to obtain a\n license to sell and serve wine and beer for on-premises consumption; however,\n the licensee shall be required to pay the local fee required for such\n additional license pursuant to § 4.1-233.1.\n \t\t\t\td. Tasting licenses, which shall authorize the licensee to sell or give\n samples of alcoholic beverages of the type specified in the license in\n designated areas at events held by the licensee. A tasting license shall be\n issued for the purpose of featuring and educating the consuming public about\n the alcoholic beverages being tasted. A separate license shall be required for\n each day of each tasting event. No tasting license shall be required for\n conduct authorized by § 4.1-201.1.\n\n 2. Annual licenses.\n \t\t\t\ta. Annual banquet licenses to duly organized private nonprofit fraternal,\n patriotic, or charitable membership organizations that are exempt from state\n and federal taxation and in charge of banquets conducted exclusively for\n members and their guests, which shall authorize the licensee to serve wine and\n beer in rooms or areas approved by the Board for the occasion for on-premises\n consumption in such rooms or areas. Such license shall authorize the licensee\n to conduct no more than 12 banquets per calendar year. For the purposes of\n this subdivision, when the location named in the original application for a\n license is outdoors, the application may also name an alternative location in\n the event of inclement weather. However, no such license shall be required of\n any hotel, restaurant, or club holding a retail wine and beer license.\n \t\t\t\tb. Banquet facility licenses to volunteer fire departments and volunteer\n emergency medical services agencies, which shall authorize the licensee to\n permit the consumption of lawfully acquired alcoholic beverages on the\n premises of the licensee by any person, and bona fide members and guests\n thereof, otherwise eligible for a banquet license. However, lawfully acquired\n alcoholic beverages shall not be purchased or sold by the licensee or sold or\n charged for in any way by the person permitted to use the premises. Such\n premises shall be a volunteer fire or volunteer emergency medical services\n agency station or both, regularly occupied as such and recognized by the\n governing body of the county, city, or town in which it is located. Under\n conditions as specified by Board regulation, such premises may be other than a\n volunteer fire or volunteer emergency medical services agency station,\n provided such other premises are occupied and under the control of the\n volunteer fire department or volunteer emergency medical services agency while\n the privileges of its license are being exercised.\n \t\t\t\tc. Designated outdoor refreshment area licenses to a locality, business\n improvement district, or nonprofit organization, which shall authorize (i) the\n licensee to permit the consumption of alcoholic beverages within the area\n designated by the Board for the designated outdoor refreshment area and (ii)\n any permanent retail on-premises licensee that is located within the area\n designated by the Board for the designated outdoor refreshment area to sell\n alcoholic beverages within the permanent retail location for consumption in\n the area designated for the designated outdoor refreshment area, including\n sidewalks and the premises of businesses not licensed to sell alcoholic\n beverages at retail, upon approval of such businesses. In determining the\n designated area for the designated outdoor refreshment area, the Board shall\n consult with the locality. Designated outdoor refreshment area licensees shall\n be limited to 16 events per year, and the duration of any event shall not\n exceed three consecutive days. However, the Board may increase the frequency\n and duration of events after adoption of an ordinance by a locality requesting\n such increase in frequency and duration. Such ordinance shall include the size\n and scope of the area within which such events will be held, a public safety\n plan, and any other considerations deemed necessary by the Board. Such\n limitations on the number of events that may be held shall not apply during\n the effective dates of any rule, regulation, or order that is issued by the\n Governor or State Health Commissioner to meet a public health emergency and\n that effectively reduces allowable restaurant seating capacity; however,\n designated outdoor refreshment area licensees shall be subject to all other\n applicable provisions of this subtitle and Board regulations and shall provide\n notice to the Board regarding the days and times during which the privileges\n of the license will be exercised. Only alcoholic beverages purchased from\n permanent retail on-premises licensees located within the designated area may\n be consumed at the event, and such alcoholic beverages shall be contained in\n paper, plastic, or similar disposable containers that clearly display the name\n or logo of the retail on-premises licensee from which the alcoholic beverage\n was purchased. Alcoholic beverages shall not be sold or charged for in any way\n by the designated outdoor refreshment area licensee. The designated outdoor\n refreshment area licensee shall post appropriate signage clearly demarcating\n for the public the boundaries of the event; however, no physical barriers\n shall be required for this purpose. The designated outdoor refreshment area\n licensee shall provide adequate security for the event to ensure compliance\n with the applicable provisions of this subtitle and Board regulations.\n \t\t\t\td. Annual mixed beverage banquet licenses to duly organized private\n nonprofit fraternal, patriotic, or charitable membership organizations that\n are exempt from state and federal taxation and in charge of banquets conducted\n exclusively for members and their guests, which shall authorize the licensee\n to serve mixed beverages for on-premises consumption in areas approved by the\n Board on the premises of the place designated in the license. Such license\n shall authorize the licensee to conduct no more than 12 banquets per calendar\n year. The granting of a license pursuant to this subdivision shall\n automatically authorize the licensee to obtain a license to sell and serve\n wine and beer for on-premises consumption; however, the licensee shall be\n required to pay the local fee required for such additional license pursuant to\n § 4.1-233.1.\n \t\t\t\te. Equine sporting event licenses, which may be issued to organizations\n holding equestrian, hunt, and steeplechase events, which shall authorize the\n licensee to permit the consumption of lawfully acquired alcoholic beverages on\n the premises of the licensee by patrons thereof during such event. However,\n alcoholic beverages shall not be sold or charged for in any way by the\n licensee. The privileges of this license shall be (i) limited to the premises\n of the licensee, regularly occupied and utilized for equestrian, hunt, and\n steeplechase events, and (ii) exercised on no more than four calendar days per\n year.\n \t\t\t\tf. Annual arts venue event licenses, to persons operating an arts venue,\n which shall authorize the licensee participating in a community art walk that\n is open to the public to serve lawfully acquired wine or beer on the premises\n of the licensee to adult patrons thereof during such events. However,\n alcoholic beverages shall not be sold or charged for in any way, directly or\n indirectly, by the licensee, and the licensee shall not give more than two\n five-ounce glasses of wine or two 12-ounce glasses of beer to any one adult\n patron. The privileges of this license shall be (i) limited to the premises of\n the arts venue regularly occupied and used as such and (ii) exercised on no\n more than 12 calendar days per year.\n\nE. The Board may grant a marketplace license to persons operating a business\nenterprise of which the primary function is not the sale of alcoholic beverages,\nwhich shall authorize the licensee to serve complimentary wine or beer to bona\nfide customers on the licensed premises subject to any limitations imposed by\nthe Board; however, the licensee shall not give more than two five-ounce glasses\nof wine or two 12-ounce glasses of beer to any customer per day, nor shall it\nsell or otherwise charge a fee to such customer for the wine or beer served or\nconsumed. In order to be eligible for and retain a marketplace license, the\napplicant’s business enterprise must (i) provide a single category of\ngoods or services in a manner intended to create a personalized experience for\nthe customer; (ii) employ staff with expertise in such goods or services; (iii)\nbe ineligible for any other license granted by the Board; (iv) have an alcoholic\nbeverage control manager on the licensed premises at all times alcohol is\nserved; (v) ensure that all employees satisfy any training requirements imposed\nby the Board; and (vi) purchase all wine and beer to be served from a licensed\nwholesaler or the Authority and retain purchase records as prescribed by the\nBoard. In determining whether to grant a marketplace license, the Board shall\nconsider (a) the average amount of time customers spend at the business; (b) the\nbusiness’s hours of operation; (c) the amount of time that the business\nhas been in operation; and (d) any other requirements deemed necessary by the\nBoard to protect the public health, safety, and welfare.\n\nF. The Board may grant the following shipper, bottler, and related licenses:\n\n 1. Wine and beer shipper licenses, which shall carry the privileges and\n limitations set forth in § 4.1-209.1.\n\n 2. Internet wine and beer retailer licenses, which shall authorize persons\n located within or outside the Commonwealth to sell and ship wine and beer, in\n accordance with § 4.1-209.1 and Board regulations, in closed containers\n to persons in the Commonwealth to whom wine and beer may be lawfully sold for\n off-premises consumption. Such licensee shall not be required to comply with\n the monthly food sale requirement established by Board regulations.\n\n 3. Bottler licenses, which shall authorize the licensee to acquire and receive\n deliveries and shipments of beer in closed containers and to bottle, sell, and\n deliver or ship it, in accordance with Board regulations to (i) wholesale beer\n licensees for the purpose of resale, (ii) owners of boats registered under the\n laws of the United States sailing for ports of call of a foreign country or\n another state, and (iii) persons outside the Commonwealth for resale outside\n the Commonwealth.\n\n 4. Fulfillment warehouse licenses, which shall authorize associations as\n defined in § 13.1-313 with a place of business located in the\n Commonwealth to (i) receive deliveries and shipments of wine or beer owned by\n holders of wine and beer shipper’s licenses; (ii) store such wine or\n beer on behalf of the owner; and (iii) pick, pack, and ship such wine or beer\n as directed by the owner, all in accordance with Board regulations. No\n wholesale wine or wholesale beer licensee, whether licensed in the\n Commonwealth or not, or any person under common control of such licensee,\n shall acquire or hold any financial interest, direct or indirect, in the\n business for which any fulfillment warehouse license is issued.\n\n 5. Marketing portal licenses, which shall authorize agricultural cooperative\n associations organized under the provisions of the Agricultural Cooperative\n Association Act (§ 13.1-312 et seq.), with a place of business located in\n the Commonwealth, in accordance with Board regulations, to solicit and receive\n orders for wine or beer through the use of the Internet from persons in the\n Commonwealth to whom wine or beer may be lawfully sold, on behalf of holders\n of wine and beer shipper’s licenses. Upon receipt of an order for wine\n or beer, the licensee shall forward it to a holder of a wine and beer\n shipper’s license for fulfillment. Marketing portal licensees may also\n accept payment on behalf of the shipper.\n\n 6. Third-party delivery licenses, which shall carry the privileges and\n limitations set forth in § 4.1-212.2.\n\nHISTORY: 2020, cc. 15, 16, 32, 34, 400, 1009, 1113, 1114, 1179; 2020, Sp. Sess.\nI, c. 34; 2021, Sp. Sess. I, cc. 182, 281, 282, 390, 391; 2022, cc. 78, 79, 589,\n590; 2023, cc. 408, 409; 2024, cc. 105, 111, 159, 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}}