                                 CODE OF VIRGINIA

LIMITED BREWERY LICENSE; LOCAL REGULATION OF CERTAIN ACTIVITIES (§
15.2-2288.3:1)

A. It is the policy of the Commonwealth to preserve the economic vitality of the
Virginia beer industry while maintaining appropriate land use authority to
protect the health, safety, and welfare of the citizens of the Commonwealth and
to permit the reasonable expectation of uses in specific zoning categories.
Local restriction upon such activities and public events of breweries licensed
pursuant to subdivision 4 of &#xA7; 4.1-206.1 to market and sell their products
shall be reasonable and shall take into account the economic impact on such
licensed brewery of such restriction, the agricultural nature of such activities
and events, and whether such activities and events are usual and customary for
such licensed breweries. Usual and customary activities and events at such
licensed breweries shall be permitted unless there is a substantial impact on
the health, safety, or welfare of the public. No local ordinance regulating
noise, other than outdoor amplified music, arising from activities and events at
such licensed breweries shall be more restrictive than that in the general noise
ordinance. In authorizing outdoor amplified music at such licensed brewery, the
locality shall consider the effect on adjacent property owners and nearby
residents.

B. No locality shall regulate any of the following activities of a brewery
licensed under subdivision 4 of § 4.1-206.1:

   1. The production and harvesting of barley, other grains, hops, fruit, or
   other agricultural products and the manufacturing of beer;

   2. The on-premises sale, tasting, or consumption of beer during regular
   business hours within the normal course of business of such licensed brewery;

   3. The direct sale and shipment of beer in accordance with Title 4.1 and
   regulations of the Board of Directors of the Alcoholic Beverage Control
   Authority;

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

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

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

C. Any locality may exempt any brewery licensed in accordance with subdivision 4
of &#xA7; 4.1-206.1 on land zoned agricultural from any local regulation of
minimum parking, road access, or road upgrade requirements.

HISTORY: 2014, c. 365; 2015, cc. 38, 730; 2020, cc. 1113, 1114.