                                 CODE OF VIRGINIA

LIMITED DISTILLER&#8217;S LICENSE; LOCAL REGULATION OF CERTAIN ACTIVITIES (§
15.2-2288.3:2)

A. Local restriction upon activities of distilleries licensed pursuant to
subdivision 2 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
distillery of such restriction, the agricultural nature of such activities and
events, and whether such activities and events are usual and customary for such
licensed distilleries. Usual and customary activities and events at such
licensed distilleries shall be permitted unless there is a substantial impact on
the health, safety, or welfare of the public.

B. No locality shall regulate any of the following activities of a distillery
licensed under subdivision 2 of § 4.1-206.1:

   1. The production and harvesting of agricultural products and the
   manufacturing of alcoholic beverages other than wine or beer;

   2. The on-premises sale, tasting, or consumption of alcoholic beverages other
   than wine or beer during regular business hours in accordance with a contract
   between a distillery and the Alcoholic Beverage Control Board pursuant to the
   provisions of subsection D of &#xA7; 4.1-119;

   3. The sale and shipment of alcoholic beverages other than wine or beer to
   licensed wholesalers and out-of-state purchasers in accordance with Title 4.1,
   regulations of the Alcoholic Beverage Control Board, and federal law;

   4. The storage and warehousing of alcoholic beverages other than wine or beer
   in accordance with Title 4.1, regulations of the Alcoholic Beverage Control
   Board, and federal law; or

   5. The sale of items related to alcoholic beverages other than wine or beer
   that are incidental to the sale of such alcoholic beverages.

C. Any locality may exempt any distillery licensed in accordance with
subdivision 2 of &#xA7; 4.1-206.1 on land zoned agricultural from any local
regulation of minimum parking, road access, or road upgrade requirements.

HISTORY: 2015, c. 695; 2020, cc. 1113, 1114.