                                 CODE OF VIRGINIA

DEFINITIONS (§ 4.1-100)

As used in this subtitle unless the context requires a different meaning:
		&#8220;Alcohol&#8221; means the product known as ethyl or grain alcohol
obtained by distillation of any fermented liquor, rectified either once or more
often, whatever the origin, and shall include synthetic ethyl alcohol, but shall
not include methyl alcohol and alcohol completely denatured in accordance with
formulas approved by the government of the United States.
		&#8220;Alcohol vaporizing device&#8221; means any device, machine, or process
that mixes any alcoholic beverages with pure oxygen or other gas to produce a
vaporized product for the purpose of consumption by inhalation.
		&#8220;Alcoholic beverages&#8221; includes alcohol, spirits, wine, and beer,
and any one or more of such varieties containing one-half of one percent or more
of alcohol by volume, including mixed alcoholic beverages, and every liquid or
solid, powder or crystal, patented or not, containing alcohol, spirits, wine, or
beer and capable of being consumed by a human being. Any liquid or solid
containing more than one of the four varieties shall be considered as belonging
to that variety which has the higher percentage of alcohol, however obtained,
according to the order in which they are set forth in this definition; except
that beer may be manufactured to include flavoring materials and other
nonbeverage ingredients containing alcohol, as long as no more than 49 percent
of the overall alcohol content of the finished product is derived from the
addition of flavors and other nonbeverage ingredients containing alcohol for
products with an alcohol content of no more than six percent by volume; or, in
the case of products with an alcohol content of more than six percent by volume,
as long as no more than one and one-half percent of the volume of the finished
product consists of alcohol derived from added flavors and other nonbeverage
ingredients containing alcohol.
		&#8220;Arts venue&#8221; means a commercial or nonprofit establishment that is
open to the public and in which works of art are sold or displayed.
		&#8220;Authority&#8221; means the Virginia Alcoholic Beverage Control
Authority created pursuant to this subtitle.
		&#8220;Barrel&#8221; means any container or vessel having a capacity of more
than 43 ounces.
		&#8220;Bed and breakfast establishment&#8221; means any establishment (i)
having no more than 15 bedrooms; (ii) offering to the public, for compensation,
transitory lodging or sleeping accommodations; and (iii) offering at least one
meal per day, which may but need not be breakfast, to each person to whom
overnight lodging is provided. For purposes of the licensing requirements of
this subtitle, &#8220;bed and breakfast establishment&#8221; includes any
property offered to the public for short-term rental, as that term is defined in
§ 15.2-983, other than a hotel as defined in this section, regardless of
whether a meal is offered to each person to whom overnight lodging is provided.
		&#8220;Beer&#8221; means any alcoholic beverage obtained by the fermentation
of an infusion or decoction of barley, malt, and hops or of any similar products
in drinkable water and containing one-half of one percent or more of alcohol by
volume.
		&#8220;Board&#8221; means the Board of Directors of the Virginia Alcoholic
Beverage Control Authority.
		&#8220;Bottle&#8221; means any vessel intended to contain liquids and having a
capacity of not more than 43 ounces.
		&#8220;Bus&#8221; means a motor vehicle that (i) is operated by a common
carrier licensed under Chapter 20 (§ 46.2-2000 et seq.) of Title 46.2 to
transport passengers for compensation over the highways of the Commonwealth on
regular or irregular routes of not less than 100 miles, (ii) seats no more than
24 passengers, (iii) is 40 feet in length or longer, (iv) offers wireless
Internet services, (v) is equipped with charging stations at every seat for
cellular phones or other portable devices, and (vi) during the transportation of
passengers, is staffed by an attendant who has satisfied all training
requirements set forth in this subtitle or Board regulation.
		&#8220;Club&#8221; means any private nonprofit corporation or association
which is the owner, lessee, or occupant of an establishment operated solely for
a national, social, patriotic, political, athletic, or other like purpose, but
not for pecuniary gain, the advantages of which belong to all of the members. It
also means the establishment so operated. A corporation or association shall not
lose its status as a club because of the conduct of charitable gaming conducted
pursuant to Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2 in
which nonmembers participate frequently or in large numbers, provided that no
alcoholic beverages are served or consumed in the room where such charitable
gaming is being conducted while such gaming is being conducted and that no
alcoholic beverages are made available upon the premises to any person who is
neither a member nor a bona fide guest of a member.
		Any such corporation or association which has been declared exempt from
federal and state income taxes as one which is not organized and operated for
pecuniary gain or profit shall be deemed a nonprofit corporation or association.
		&#8220;Commercial lifestyle center&#8221; means a mixed-use commercial
development covering a minimum of 10 acres of land and having at least 100,000
square feet of retail space featuring national specialty chain stores and a
combination of dining, entertainment, office, residential, or hotel
establishments located in a physically integrated outdoor setting that is
pedestrian friendly and that is governed by a commercial owners&#8217;
association that is responsible for the management, maintenance, and operation
of the common areas thereof.
		&#8220;Container&#8221; means any barrel, bottle, carton, keg, vessel, or
other receptacle used for holding alcoholic beverages.
		&#8220;Contract winemaking facility&#8221; means the premises of a licensed
winery or farm winery that obtains grapes, fruits, and other agricultural
products from a person holding a winery or farm winery license and crushes,
processes, ferments, bottles, or provides any combination of such services
pursuant to an agreement with the winery or farm winery licensee. For all
purposes of this subtitle, wine produced by a contract winemaking facility for a
winery or farm winery shall be considered to be wine owned and produced by the
winery or farm winery that supplied the grapes, fruits, or other agricultural
products used in the production of the wine. The contract winemaking facility
shall have no right to sell the wine so produced, unless the terms of payment
have not been fulfilled in accordance with the contract. The contract winemaking
facility may charge the winery or farm winery for its services. A winery
licensee may utilize contract winemaking services only for the manufacture or
processing of wine of which no less than 90 percent of the grapes, fruits, and
other agricultural products used to make such wine are grown in the
Commonwealth.
		&#8220;Convenience grocery store&#8221; means an establishment that (i) has an
enclosed room in a permanent structure where stock is displayed and offered for
sale and (ii) maintains an inventory of edible items intended for human
consumption consisting of a variety of such items of the types normally sold in
grocery stores.
		&#8220;Culinary lodging resort&#8221; means a facility (i) having not less
than 13 overnight guest rooms in a building that has at least 20,000 square feet
of indoor floor space; (ii) located on a farm in the Commonwealth with at least
1,000 acres of land zoned agricultural; (iii) equipped with a full-service
kitchen; and (iv) offering to the public, for compensation, at least one meal
per day, lodging, and recreational and educational activities related to
farming, livestock, and other rural activities.
		&#8220;Delicatessen&#8221; means an establishment that sells a variety of
prepared foods or foods requiring little preparation, such as cheeses, salads,
cooked meats, and related condiments.
		&#8220;Designated area&#8221; means a room or area approved by the Board for
on-premises licensees.
		&#8220;Dining area&#8221; means a public room or area in which meals are
regularly served.
		&#8220;Drugstore&#8221; means an establishment that sells medicines prepared
by a licensed pharmacist pursuant to a prescription and other medicines and
items for home and general use.
		&#8220;Establishment&#8221; means any place where alcoholic beverages of one
or more varieties are lawfully manufactured, sold, or used.
		&#8220;Farm winery&#8221; means (i) an establishment or cooperative located in
the Commonwealth on land zoned agricultural that has (a) a vineyard, orchard, or
similar growing area that produces fruits or other agricultural products used to
manufacture the wine of such farm winery, subject to the requirements set forth
in § 4.1-219, and (b) facilities for fermenting and bottling wine on the
premises where such farm winery manufactures wine that contains not more than 21
percent alcohol by volume or (ii) an accredited public or private institution of
higher education, provided that (a) no wine manufactured by the institution
shall be sold, (b) the wine manufactured by the institution shall be used solely
for research and educational purposes, (c) the wine manufactured by the
institution shall be stored on the premises of such farm winery that shall be
separate and apart from all other facilities of the institution, and (d) such
farm winery is operated in strict conformance with the requirements of this
clause (ii) and Board regulations. As used in this definition, the term
&#8220;cooperative&#8221; means a cooperative formed by an association of
individuals for the purpose of manufacturing wine. In determining whether a
cooperative licensed as a farm winery has met the requirements set forth in
clause (i), the Board shall consider all land in the Commonwealth that is owned
or leased by a member of the cooperative. For purposes of this definition,
&#8220;land zoned agricultural&#8221; means (1) land zoned as an agricultural
district or classification or (2) land otherwise permitted by a locality for
farm winery use. For purposes of this definition, &#8220;land zoned
agricultural&#8221; does not include land zoned &#8220;residential
conservation.&#8221; Except for the limitation on land zoned &#8220;residential
conservation,&#8221; nothing in the definition of &#8220;land zoned
agricultural&#8221; shall otherwise limit or affect local zoning authority.
		&#8220;Gift shop&#8221; means any bona fide retail store selling,
predominantly, gifts, books, souvenirs, specialty items relating to history,
original and handmade arts and products, collectibles, crafts, and floral
arrangements, which is open to the public on a regular basis. Such shop shall be
a permanent structure where stock is displayed and offered for sale and which
has facilities to properly secure any stock of wine or beer. Such shop may be
located (i) on the premises or grounds of a government registered national,
state or local historic building or site or (ii) within the premises of a
museum. The Board shall consider the purpose, characteristics, nature, and
operation of the shop in determining whether it shall be considered a gift shop.
		&#8220;Gourmet brewing shop&#8221; means an establishment which sells to
persons to whom wine or beer may lawfully be sold, ingredients for making wine
or brewing beer, including packaging, and rents to such persons facilities for
manufacturing, fermenting and bottling such wine or beer.
		&#8220;Gourmet oyster house&#8221; means an establishment that (i) is located
on the premises of a commercial marina, (ii) is permitted by the Department of
Health to serve oysters and other fresh seafood for consumption on the premises,
and (iii) offers to the public events for the purpose of featuring and educating
the consuming public about local oysters and other seafood products.
		&#8220;Gourmet shop&#8221; means an establishment provided with adequate
inventory, shelving, and storage facilities, where, in consideration of payment,
substantial amounts of domestic and imported wines and beers of various types
and sizes and related products such as cheeses and gourmet foods are habitually
furnished to persons.
		&#8220;Government store&#8221; means a store established by the Authority for
the sale of alcoholic beverages.
		&#8220;Grocery store&#8221; means an establishment that sells food and other
items intended for human consumption, including a variety of ingredients
commonly used in the preparation of meals.
		&#8220;Historic cinema house&#8221; means a nonprofit establishment exempt
from taxation under § 501(c)(3) of the Internal Revenue Code that was built
prior to 1970 and that exists for the primary purpose of showing motion pictures
to the public.
		&#8220;Hotel&#8221; means any duly licensed establishment, provided with
special space and accommodation, where, in consideration of payment, food and
lodging are habitually furnished to persons, and which has four or more
bedrooms. It shall also mean the person who operates such hotel.
		&#8220;Interdicted person&#8221; means a person to whom the sale of alcoholic
beverages is prohibited by order pursuant to this subtitle.
		&#8220;Internet wine and beer retailer&#8221; means a person who owns or
operates an establishment with adequate inventory, shelving, and storage
facilities, where, in consideration of payment, Internet or telephone orders are
taken and shipped directly to consumers and which establishment is not a retail
store open to the public.
		&#8220;Intoxicated&#8221; means a condition in which a person has drunk enough
alcoholic beverages to observably affect his manner, disposition, speech,
muscular movement, general appearance, or behavior.
		&#8220;Licensed&#8221; means the holding of a valid license granted by the
Authority.
		&#8220;Licensee&#8221; means any person to whom a license has been granted by
the Authority.
		&#8220;Liqueur&#8221; means any of a class of highly flavored alcoholic
beverages that do not exceed an alcohol content of 25 percent by volume.
		&#8220;Low alcohol beverage cooler&#8221; means a drink containing one-half of
one percent or more of alcohol by volume, but not more than seven and one-half
percent alcohol by volume, and consisting of spirits mixed with nonalcoholic
beverages or flavoring or coloring materials; it may also contain water, fruit
juices, fruit adjuncts, sugar, carbon dioxide, preservatives or other similar
products manufactured by fermenting fruit or fruit juices. Low alcohol beverage
coolers shall be treated as wine for all purposes of this subtitle, except that
low alcohol beverage coolers may be manufactured by a licensed distiller or a
distiller located outside the Commonwealth.
		&#8220;Marina store&#8221; means an establishment that is located on the same
premises as a marina, is operated by the owner of such marina, and sells food
and nautical and fishing supplies.
		&#8220;Meals&#8221; means, for a mixed beverage license, an assortment of
foods commonly ordered in bona fide, full-service restaurants as principal meals
of the day. Such restaurants shall include establishments specializing in full
course meals with a single substantial entree.
		&#8220;Member of a club&#8221; means (i) a person who maintains his membership
in the club by the payment of monthly, quarterly, or annual dues in the manner
established by the rules and regulations thereof or (ii) a person who is a
member of a bona fide auxiliary, local chapter, or squadron composed of direct
lineal descendants of a bona fide member, whether alive or deceased, of a
national or international organization to which an individual lodge holding a
club license is an authorized member in the same locality. It shall also mean a
lifetime member whose financial contribution is not less than 10 times the
annual dues of resident members of the club, the full amount of such
contribution being paid in advance in a lump sum.
		&#8220;Mixed beverage&#8221; or &#8220;mixed alcoholic beverage&#8221; means a
drink composed in whole or in part of spirits.
		&#8220;Mixer&#8221; means any prepackaged ingredients containing beverages or
flavoring or coloring materials, and which may also contain water, fruit juices,
fruit adjuncts, sugar, carbon dioxide, or preservatives which are not commonly
consumed unless combined with alcoholic beverages, whether or not such
ingredients contain alcohol. Such specialty beverage product shall be
manufactured or distributed by a Virginia corporation.
		&#8220;Municipal golf course&#8221; means any golf course that is owned by any
town incorporated in 1849 and which is the county seat of Smyth County.
		&#8220;Performing arts facility&#8221; means an indoor or outdoor
amphitheater, arena, multipurpose theater, or similar facility at which live
musical, dance, theatre, or similar performances, the types of which are
approved by the Authority, are performed, provided that the facility has
stationary stadium or similar seating for more than 500 persons.
		&#8220;Place or premises&#8221; means the real estate, together with any
buildings or other improvements thereon, designated in the application for a
license as the place at which the manufacture, bottling, distribution, use or
sale of alcoholic beverages shall be performed, except that portion of any such
building or other improvement actually and exclusively used as a private
residence.
		&#8220;Principal stockholder&#8221; means any person who individually or in
concert with his spouse and immediate family members beneficially owns or
controls, directly or indirectly, five percent or more of the equity ownership
of any person that is a licensee of the Authority, or who in concert with his
spouse and immediate family members has the power to vote or cause the vote of
five percent or more of any such equity ownership. &#8220;Principal
stockholder&#8221; does not include a broker-dealer registered under the
Securities Exchange Act of 1934, as amended, that holds in inventory shares for
sale on the financial markets for a publicly traded corporation holding,
directly or indirectly, a license from the Authority.
		&#8220;Public place&#8221; means any place, building, or conveyance to which
the public has, or is permitted to have, access, including restaurants, soda
fountains, hotel dining areas, lobbies and corridors of hotels, and any park,
place of public resort or amusement, highway, street, lane, or sidewalk
adjoining any highway, street, or lane.
		&#8220;Public place&#8221; does not include (i) hotel or restaurant dining
areas or ballrooms while in use for private meetings or private parties limited
in attendance to members and guests of a particular group, association or
organization; (ii) restaurants licensed by the Authority in office buildings or
industrial or similar facilities while such restaurant is closed to the public
and in use for private meetings or parties limited in attendance to employees
and nonpaying guests of the owner or a lessee of all or part of such building or
facility; (iii) offices, office buildings or industrial facilities while closed
to the public and in use for private meetings or parties limited in attendance
to employees and nonpaying guests of the owner or a lessee of all or part of
such building or facility; or (iv) private recreational or chartered boats which
are not licensed by the Board and on which alcoholic beverages are not sold.
		&#8220;Residence&#8221; means any building or part of a building or structure
where a person resides, but does not include any part of a building that is not
actually and exclusively used as a private residence, nor any part of a hotel or
club other than a private guest room thereof.
		&#8220;Resort complex&#8221; means a facility (i) with a hotel owning
year-round sports and recreational facilities located contiguously on the same
property; (ii) owned by a nonstock, nonprofit, taxable corporation with
voluntary membership which, as its primary function, makes available golf, ski,
and other recreational facilities both to its members and to the general public;
or (iii) operated by a corporation that operates as a management company which,
as its primary function, makes available (a) vacation accommodations, guest
rooms, or dwelling units and (b) golf, ski, and other recreational facilities to
members of the managed entities and the general public. The hotel or corporation
shall have or manage a minimum of 140 private guest rooms or dwelling units
contained on not less than 50 acres, whether or not contiguous to the licensed
premises; if the guest rooms or dwelling units are located on property that is
not contiguous to the licensed premises, such guest rooms and dwelling units
shall be located within the same locality. The Authority may consider the
purpose, characteristics, and operation of the applicant establishment in
determining whether it shall be considered as a resort complex. All other
pertinent qualifications established by the Board for a hotel operation shall be
observed by such licensee.
		&#8220;Restaurant&#8221; means, for a wine and beer license or a limited mixed
beverage restaurant license, any establishment provided with special space and
accommodation, where, in consideration of payment, meals or other foods prepared
on the premises are regularly sold.
		&#8220;Restaurant&#8221; means, for a mixed beverage license other than a
limited mixed beverage restaurant license, an established place of business (i)
where meals with substantial entrees are regularly sold and (ii) which has
adequate facilities and sufficient employees for cooking, preparing, and serving
such meals for consumption at tables in dining areas on the premises, and
includes establishments specializing in full course meals with a single
substantial entree.
		&#8220;Sale&#8221; and &#8220;sell&#8221; includes soliciting or receiving an
order for; keeping, offering or exposing for sale; peddling, exchanging or
bartering; or delivering otherwise than gratuitously, by any means, alcoholic
beverages.
		&#8220;Sangria&#8221; means a drink consisting of red or white wine mixed with
some combination of sweeteners, fruit, fruit juice, soda, or soda water that may
also be mixed with brandy, triple sec, or other similar spirits.
		&#8220;Special agent&#8221; means an employee of the Virginia Alcoholic
Beverage Control Authority whom the Board has designated as a law-enforcement
officer pursuant to § 4.1-105.
		&#8220;Special event&#8221; means an event sponsored by a duly organized
nonprofit corporation or association and conducted for an athletic, charitable,
civic, educational, political, or religious purpose.
		&#8220;Spirits&#8221; means any beverage that contains alcohol obtained by
distillation mixed with drinkable water and other substances, in solution, and
includes, among other things, brandy, rum, whiskey, and gin, or any one or more
of the last four named ingredients, but shall not include any such liquors
completely denatured in accordance with formulas approved by the United States
government.
		&#8220;Sports facility&#8221; means a coliseum, stadium, racetrack, or similar
facility at which professional sports, as defined in § 58.1-4030, or similar
events, the types of which are approved by the Authority, are conducted.
		&#8220;Wine&#8221; means any alcoholic beverage, including cider, obtained by
the fermentation of the natural sugar content of fruits or other agricultural
products containing (i) sugar, including honey and milk, either with or without
additional sugar; (ii) one-half of one percent or more of alcohol by volume; and
(iii) no product of distillation. &#8220;Wine&#8221; includes any wine to which
wine spirits have been added, as provided in the Internal Revenue Code, to make
products commonly known as &#8220;fortified wine&#8221; which do not exceed an
alcohol content of 21 percent by volume.
		&#8220;Wine cooler&#8221; means a drink containing one-half of one percent or
more of alcohol by volume, and not more than three and two-tenths percent of
alcohol by weight or four percent by volume consisting of wine mixed with
nonalcoholic beverages or flavoring or coloring materials, and which may also
contain water, fruit juices, fruit adjuncts, sugar, carbon dioxide, or
preservatives and shall include other similar products manufactured by
fermenting fruit or fruit juices. Wine coolers and similar fermented fruit juice
beverages shall be treated as wine for all purposes except for taxation under §
4.1-236.
		&#8220;With or without meals&#8221; means the selling and serving of alcoholic
beverages by retail licensees for on-premises consumption whether or not
accompanied by food so long as the total food-beverage ratio required by §
4.1-206.3, or the monthly food sale requirement established by Board regulation,
is met by such retail licensee.

HISTORY: Code 1950, §§ 4-2, 4-99; 1952, c. 496; 1954, c. 682; 1962, c. 533;
1968, c. 7, § 4-98.1; 1970, cc. 302, 309; 1974, cc. 460, 497; 1975, c. 408;
1976, cc. 64, 702; 1977, c. 280; 1980, cc. 324, 490; 1983, c. 340; 1984, c. 200;
1985, cc. 448, 457; 1988, c. 261, § 4-127; 1990, cc. 707, 932; 1991, c. 426;
1993, cc. 190, 866, 910; 1995, cc. 497, 518, 661; 1996, cc. 558, 604; 1997, cc.
124, 425; 1999, cc. 93, 171, 481; 2000, cc. 786, 1037, 1052; 2005, c. 911; 2006,
c. 714; 2007, cc. 101, 295, 454, 558; 2008, cc. 198, 513, 875; 2013, cc. 107,
117; 2014, cc. 124, 510; 2015, cc. 25, 38, 54, 288, 348, 730, 735; 2016, cc.
324, 710; 2017, cc. 152, 157, 160, 492, 585, 741; 2018, c. 337; 2019, cc. 37,
178, 466, 628; 2020, cc. 755, 1009, 1010, 1113, 1114; 2023, c. 731; 2024, cc.
111, 255, 619, 622, 627.