                                 CODE OF VIRGINIA

LICENSED FARM WINERIES; LOCAL REGULATION OF CERTAIN ACTIVITIES (§ 15.2-2288.3)

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

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

E. No locality shall regulate any of the following activities of a farm winery
licensed in accordance with subdivision 6 of § 4.1-206.1:

   1. The production and harvesting of fruit and other agricultural products and
   the manufacturing of wine;

   2. The on-premises sale, tasting, or consumption of wine during regular
   business hours within the normal course of business of the licensed farm
   winery;

   3. The direct sale and shipment of wine by common carrier to consumers in
   accordance with Title 4.1 and regulations of the Board of Directors of the
   Virginia Alcoholic Beverage Control Authority;

   4. The sale and shipment of wine to the Virginia Alcoholic Beverage Control
   Authority, licensed wholesalers, and out-of-state purchasers in accordance
   with Title 4.1, regulations of the Board of Directors of the Virginia
   Alcoholic Beverage Control Authority, and federal law;

   5. The storage, warehousing, and wholesaling of wine in accordance with Title
   4.1, regulations of the Board of Directors of the Virginia Alcoholic Beverage
   Control Authority, and federal law; or

   6. The sale of wine-related items that are incidental to the sale of wine.

HISTORY: 2006, c. 794; 2007, cc. 611, 657; 2009, cc. 416, 546; 2015, cc. 38,
730; 2020, cc. 1113, 1114.