                                 CODE OF VIRGINIA

EXEMPTIONS FROM LICENSURE (§ 4.1-200)

The licensure requirements of this chapter shall not apply to:

1. A person in charge of an institution regularly conducted as a hospital or
sanatorium for the care of persons in ill health, or as a home devoted
exclusively to the care of aged people, who administers or causes to be
administered alcoholic beverages to any bona fide patient or inmate of the
institution who is in need of the same, either by way of external application or
otherwise for emergency medicinal purposes. Such person may charge for the
alcoholic beverages so administered, and carry such stock as may be necessary
for this purpose. No charge shall be made of any patient for the alcoholic
beverages so administered to him where the same have been supplied to the
institution by the Board free of charge.

2. The manufacture, sale and delivery or shipment by persons authorized under
existing laws to engage in such business of any medicine containing sufficient
medication to prevent it from being used as a beverage.

3. The manufacture, sale and delivery or shipment by persons authorized under
existing laws to engage in such business of any medicinal preparations
manufactured in accordance with formulas prescribed by the United States
pharmacopoeia; national formulary, patent and proprietary preparations; and
other bona fide medicinal and technical preparations; which contain no more
alcohol than is necessary to extract the medicinal properties of the drugs
contained in such preparations, and no more alcohol than is necessary to hold
the medicinal agents in solution and to preserve the same, and which are
manufactured and sold to be used exclusively as medicine and not as beverages.

4. The manufacture, sale and delivery or shipment of toilet, medicinal and
antiseptic preparations and solutions not intended for internal human use nor to
be sold as beverages.

5. The manufacture and sale of food products known as flavoring extracts which
are manufactured and sold for cooking and culinary purposes only and not sold as
beverages.

6. Any person who manufactures at his residence or at a gourmet brewing shop for
domestic consumption at his residence, but not to be sold, dispensed or given
away, except as hereinafter provided, wine or beer or both, in an amount not to
exceed the limits permitted by federal law.
			Any person who manufactures wine or beer in accordance with this subdivision
may remove from his residence an amount not to exceed fifty liters of such wine
or fifteen gallons of such beer on any one occasion for (i) personal or family
use, provided such use does not violate the provisions of this subtitle or Board
regulations; (ii) giving to any person to whom wine or beer may be lawfully sold
an amount not to exceed (a) one liter of wine per person per year or (b)
seventy-two ounces of beer per person per year, provided such gift is for
noncommercial purposes; or (iii) giving to any person to whom beer may lawfully
be sold a sample of such wine or beer, not to exceed (a) one ounce of wine by
volume or (b) two ounces of beer by volume for on-premises consumption at events
organized for judging or exhibiting such wine or beer, including events held on
the premises of a retail licensee. Nothing in this paragraph shall be construed
to authorize the sale of such wine or beer.
			The provision of this subdivision shall not apply to any person who resides
on property on which a winery, farm winery, or brewery is located.

7. Any person who keeps and possesses lawfully acquired alcoholic beverages in
his residence for his personal use or that of his family. However, such
alcoholic beverages may be served or given to guests in such residence by such
person, his family or servants when (i) such guests are 21 years of age or older
or are accompanied by a parent, guardian, or spouse who is 21 years of age or
older, (ii) the consumption or possession of such alcoholic beverages by family
members or such guests occurs only in such residence where the alcoholic
beverages are allowed to be served or given pursuant to this subdivision, and
(iii) such service or gift is in no way a shift or device to evade the
provisions of this subtitle. The provisions of this subdivision shall not apply
when a person serves or provides alcoholic beverages to a guest occupying the
residence as the lessee of a short-term rental, as that term is defined in
&#xA7; 15.2-983, regardless of whether the person who permanently resides in the
residence is present during the short-term rental.

8. Any person who manufactures and sells cider to distillery licensees, or any
person who manufactures wine from grapes grown by such person and sells it to
winery licensees.

9. The sale of wine and beer in or through canteens or post exchanges on United
States reservations when permitted by the proper authority of the United States.

10. The keeping and consumption of any lawfully acquired alcoholic beverages at
a private meeting or private party limited in attendance to members and guests
of a particular group, association or organization at a banquet or similar
affair, or at a special event, if a banquet license has been granted. However,
no banquet license shall be required for private meetings or private parties
limited in attendance to the members of a common interest community as defined
in &#xA7; 54.1-2345 and their guests, provided (i) the alcoholic beverages shall
not be sold or charged for in any way, (ii) the premises where the alcoholic
beverages are consumed is limited to the common area regularly occupied and
utilized for such private meetings or private parties, and (iii) such meetings
or parties are not open to the public.

HISTORY: Code 1950, §§ 4-50, 4-89, 4-90; 1954, c. 147; 1970, cc. 113, 541;
1972, cc. 75, 76, 741; 1973, c. 413; 1975, c. 408; 1976, c. 37; 1981, c. 410;
1984, c. 200; 1992, c. 349; 1993, c. 866; 1995, cc. 497, 518; 2001, c. 117;
2006, cc. 274, 740; 2010, c. 294; 2011, c. 8; 2017, c. 741.