                                 CODE OF VIRGINIA

MANUFACTURER LICENSES (§ 4.1-206.1)

The Board may grant the following manufacturer licenses:

1. Distiller&#8217;s licenses, which shall authorize the licensee to manufacture
alcoholic beverages other than wine and beer, and to sell and deliver or ship
the same, in accordance with Board regulations, in closed containers, to the
Board and to persons outside the Commonwealth for resale outside the
Commonwealth. When the Board has established a government store on the
distiller&#8217;s licensed premises pursuant to subsection D of &#xA7; 4.1-119,
such license shall also authorize the licensee to make a charge to consumers to
participate in an organized tasting event conducted in accordance with
subsection G of &#xA7; 4.1-119 and Board regulations.

2. Limited distiller&#8217;s licenses, to distilleries that (i) are located on a
farm in the Commonwealth on land zoned agricultural and owned or leased by such
distillery or its owner and (ii) use agricultural products that are grown on the
farm in the manufacture of their alcoholic beverages. Limited distiller&#8217;s
licensees shall be treated as distillers for all purposes of this title except
as otherwise provided in this subdivision. For purposes of this subdivision,
&#8220;land zoned agricultural&#8221; means (a) land zoned as an agricultural
district or classification or (b) land otherwise permitted by a locality for
limited distillery use. For purposes of this subdivision, &#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 this definition shall otherwise limit or affect
local zoning authority.

3. Brewery licenses, which shall authorize the licensee to manufacture beer and
to sell and deliver or ship the beer so manufactured, in accordance with Board
regulations, in closed containers to (i) persons licensed to sell the beer at
wholesale and (ii) persons outside the Commonwealth for resale outside the
Commonwealth. Such license shall also authorize the licensee to sell at retail
at premises described in the brewery license (a) the brands of beer that the
brewery owns for on-premises consumption, provided that not less than 20 percent
of the volume of beer sold for on-premises consumption in any calendar year is
manufactured on the licensed premises, and (b) beer in closed containers, which
shall include growlers and other reusable containers, for off-premises
consumption.

4. Limited brewery licenses, to breweries that manufacture no more than 15,000
barrels of beer per calendar year, provided that (i) the brewery is located on a
farm in the Commonwealth on land zoned agricultural and owned or leased by such
brewery or its owner and (ii) agricultural products, including barley, other
grains, hops, or fruit, used by such brewery in the manufacture of its beer are
grown on the farm. The licensed premises shall be limited to the portion of the
farm on which agricultural products, including barley, other grains, hops, or
fruit, used by such brewery in the manufacture of its beer are grown and that is
contiguous to the premises of such brewery where the beer is manufactured,
exclusive of any residence and the curtilage thereof. However, the Board may,
with notice to the local governing body in accordance with the provisions of
&#xA7; 4.1-230, also approve other portions of the farm to be included as part
of the licensed premises. For purposes of this subdivision, &#8220;land zoned
agricultural&#8221; means (a) land zoned as an agricultural district or
classification or (b) land otherwise permitted by a locality for limited brewery
use. For purposes of this subdivision, &#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
this definition shall otherwise limit or affect local zoning authority.
			Limited brewery licensees shall be treated as breweries for all purposes of
this title except as otherwise provided in this subdivision.

5. Winery licenses, which shall authorize the licensee to (i) manufacture wine
and to sell and deliver or ship such wine, in accordance with Board regulations,
in closed containers, to persons licensed to sell the wine so manufactured at
wholesale for the purpose of resale, and to persons outside the Commonwealth for
resale outside the Commonwealth; (ii) operate distilling equipment on the
premises of the licensee in the manufacture of spirits from fruit or fruit
juices only, which shall be used only for the fortification of wine produced by
the licensee; (iii) operate a contract winemaking facility on the premises of
the licensee in accordance with Board regulations; (iv) store wine in bonded
warehouses on or off the licensed premises upon permit issued by the Board; and
(v) sell wine at retail at the place of business designated in the winery
license for on-premises consumption or in closed containers for off-premises
consumption, provided that any brand of wine not owned by the winery licensee is
purchased from a wholesale wine licensee and no less than 20 percent of the wine
sold for on-premises consumption is manufactured on the licensed premises.

6. Farm winery licenses, which shall authorize the licensee to (i) manufacture
wine containing 21 percent or less of alcohol by volume and to sell, deliver, or
ship such wine, in accordance with Board regulations, in closed containers, to
the Board, persons licensed to sell the wine so manufactured at wholesale for
the purpose of resale, or persons outside the Commonwealth; (ii) acquire and
receive deliveries and shipments of wine and sell and deliver or ship such wine,
in accordance with Board regulations, to the Board, persons licensed to sell
wine at wholesale for the purpose of resale, or persons outside the
Commonwealth; (iii) operate a contract winemaking facility on the premises of
the licensee in accordance with the provisions of this subtitle and Board
regulations; (iv) enter into an agreement with a contract winemaking facility in
accordance with the provisions of this subtitle and Board regulations; and (v)
store wine in bonded warehouses located on or off the licensed premises upon
permits issued by the Board. For the purposes of this title, a farm winery
license shall be designated either as a Class I, Class II, Class III, or Class
IV farm winery license in accordance with the limitations set forth in &#xA7;
4.1-219.
			Such licenses shall also authorize the licensee to sell wine at retail for
on-premises consumptions or in closed containers for off-premises consumption at
the places of business designated in the licenses, which may include no more
than five additional retail establishments of the licensee. The licensee may
sell at these places of business wine manufactured by such licensee, wine
manufactured by a contract winemaking facility with which the licensee has
entered into an agreement pursuant to the provisions of this subtitle and Board
regulations, and wine purchased from a wholesale wine licensee. In addition, the
licensee may pre-mix wine and sell such wine at these places of business.

7. Wine importer&#8217;s licenses, which shall authorize persons located within
or outside the Commonwealth to sell and deliver or ship wine, in accordance with
Board regulations, in closed containers, to persons in the Commonwealth licensed
to sell such wine at wholesale for the purpose of resale, and to persons outside
the Commonwealth for resale outside the Commonwealth.

8. Beer importer&#8217;s licenses, which shall authorize persons located within
or outside the Commonwealth to sell and deliver or ship beer, in accordance with
Board regulations, in closed containers, to persons in the Commonwealth licensed
to sell such beer at wholesale for the purpose of resale and to persons outside
the Commonwealth for resale outside the Commonwealth.

HISTORY: 2020, cc. 756, 1008, 1113, 1114; 2021, Sp. Sess. I, cc. 281, 282; 2023,
c. 731.