                                 CODE OF VIRGINIA

RETAIL LICENSES (§ 4.1-206.3)

A. The Board may grant the following mixed beverages licenses:

   1. Mixed beverage restaurant licenses, which shall authorize the licensee to
   sell and serve mixed beverages for on-premises consumption in dining areas and
   other designated areas of such restaurant or off-premises consumption. Such
   license may be granted only to persons (i) who operate a restaurant and (ii)
   whose gross receipts from the sale of food cooked, or prepared, and consumed
   on the premises and nonalcoholic beverages served on the premises, after
   issuance of such license, amount to at least 45 percent of the gross receipts
   from the sale of mixed beverages and food. For the purposes of this
   subdivision, other designated areas shall include outdoor dining areas,
   whether or not contiguous to the licensed premises, which outdoor dining areas
   may have more than one means of ingress and egress to an adjacent public
   thoroughfare, provided such areas are under the control of the licensee and
   approved by the Board. Such noncontiguous designated areas shall not be
   approved for any retail license issued pursuant to subdivision A 5 of &#xA7;
   4.1-201.
   				If the restaurant is located on the premises of a hotel or motel with no
   fewer than four permanent bedrooms where food and beverage service is
   customarily provided by the restaurant in designated areas, bedrooms, and
   other private rooms of such hotel or motel, such licensee may (a) sell and
   serve mixed beverages for on-premises consumption in such designated areas,
   bedrooms, and other private rooms or off-premises consumption and (b) sell
   spirits packaged in original closed containers purchased from the Board for
   on-premises consumption to registered guests and at scheduled functions of
   such hotel or motel only in such bedrooms or private rooms. However, with
   regard to a hotel classified as a resort complex, the Board may authorize the
   sale and on-premises consumption of alcoholic beverages in all areas within
   the resort complex deemed appropriate by the Board. Nothing herein shall
   prohibit any person from keeping and consuming his own lawfully acquired
   spirits in bedrooms or private rooms.
   				If the restaurant is located on the premises of and operated by a private,
   nonprofit, or profit club exclusively for its members and their guests, or
   members of another private, nonprofit, or profit club in another city with
   which it has an agreement for reciprocal dining privileges, such license shall
   also authorize the licensees to (1) sell and serve mixed beverages for
   on-premises or off-premises consumption and (2) sell spirits that are packaged
   in original closed containers with a maximum capacity of two fluid ounces or
   50 milliliters and purchased from the Board for on-premises consumption. Where
   such club prepares no food in its restaurant but purchases its food
   requirements from a restaurant licensed by the Board and located on another
   portion of the premises of the same hotel or motel building, this fact shall
   not prohibit the granting of a license by the Board to such club qualifying in
   all other respects. The club&#8217;s gross receipts from the sale of
   nonalcoholic beverages consumed on the premises and food resold to its members
   and guests and consumed on the premises shall amount to at least 45 percent of
   its gross receipts from the sale of mixed beverages and food. The food sales
   made by a restaurant to such a club shall be excluded in any consideration of
   the qualifications of such restaurant for a license from the Board.
   				If the restaurant is located on the premises of and operated by a
   municipal golf course, the Board shall recognize the seasonal nature of the
   business and waive any applicable monthly food sales requirements for those
   months when weather conditions may reduce patronage of the golf course,
   provided that prepared food, including meals, is available to patrons during
   the same months. The gross receipts from the sale of food cooked, or prepared,
   and consumed on the premises and nonalcoholic beverages served on the
   premises, after the issuance of such license, shall amount to at least 45
   percent of the gross receipts from the sale of mixed beverages and food on an
   annualized basis.
   				If the restaurant is located on the premises of and operated by a culinary
   lodging resort, such license shall authorize the licensee to (A) sell
   alcoholic beverages, without regard to the amount of gross receipts from the
   sale of food prepared and consumed on the premises, for off-premises
   consumption or for on-premises consumption in areas upon the licensed premises
   approved by the Board and other designated areas of the resort, including
   outdoor areas under the control of the licensee, and (B) permit the possession
   and consumption of lawfully acquired alc
   				If the restaurant is located on the premises of a mixed beverage casino
   licensee owned by an operator licensed under Article 3 (&#xA7; 58.1-4108 et
   seq.) of Chapter 41 of Title 58.1, such mixed beverage restaurant license
   shall authorize the licensee to sell alcoholic beverages for on-premises
   consumption on the licensed premises of the restaurant during all hours of
   operation of the mixed beverage casino licensee. Any alcoholic beverages
   purchased from such restaurant may be (I) taken onto the premises of the mixed
   beverage casino licensee and (II) possessed or consumed in areas designated by
   the Board, after consultation with the mixed beverage casino licensee.
   Designated areas may include any areas on the premises of the mixed beverage
   casino licensee, including entertainment venues, conference rooms, private
   rooms, hotels, pools, marinas, or green spaces. Alcoholic beverages purchased
   from a restaurant pursuant to this subdivision shall be contained in glassware
   or a paper, plastic, or similar disposable container that clearly displays the
   name or logo of the restaurant from which the alcoholic beverage was
   purchased.
   				The granting of a license pursuant to this subdivision shall automatically
   authorize the licensee to obtain a license to sell and serve wine and beer for
   on-premises consumption and in closed containers for off-premises consumption;
   however, the licensee shall be required to pay the local fee required for such
   additional license pursuant to &#xA7; 4.1-233.1.

   2. Mixed beverage caterer&#8217;s licenses, which may be granted only to a
   person regularly engaged in the business of providing food and beverages to
   others for service at private gatherings or at special events, which shall
   authorize the licensee to sell and serve alcoholic beverages for on-premises
   consumption. The annual gross receipts from the sale of food cooked and
   prepared for service and nonalcoholic beverages served at gatherings and
   events referred to in this subdivision shall amount to at least 45 percent of
   the gross receipts from the sale of mixed beverages and food.

   3. Mixed beverage limited caterer&#8217;s licenses, which may be granted only
   to a person regularly engaged in the business of providing food and beverages
   to others for service at private gatherings or at special events, not to
   exceed 12 gatherings or events per year, which shall authorize the licensee to
   sell and serve alcoholic beverages for on-premises consumption. The annual
   gross receipts from the sale of food cooked and prepared for service and
   nonalcoholic beverages served at gatherings and events referred to in this
   subdivision shall amount to at least 45 percent of the gross receipts from the
   sale of mixed beverages and food.

   4. Mixed beverage carrier licenses to (i) persons operating a common carrier
   of passengers by train, boat, bus, or airplane, which shall authorize the
   licensee to sell and serve mixed beverages anywhere in the Commonwealth to
   passengers while in transit aboard any such common carrier, and in designated
   rooms of establishments of air carriers at airports in the Commonwealth and
   (ii) financial institutions, subsidiaries of a financial institution, or
   persons approved by the applicable airport authority that have entered into a
   contract with a financial institution or subsidiary of a financial institution
   to operate a passenger lounge, which shall authorize the licensee to sell and
   serve mixed beverages in designated areas of a passenger lounge for ticketed
   air carrier passengers that is located within an airport in the Commonwealth.
   For purposes of supplying its airplanes, as well as any airplanes of a
   licensed express carrier flying under the same brand, an air carrier licensee
   may appoint an authorized representative to load alcoholic beverages onto the
   same airplanes and to transport and store alcoholic beverages at or in close
   proximity to the airport where the alcoholic beverages will be delivered onto
   airplanes of the air carrier and any such licensed express carrier. The air
   carrier licensee shall (a) designate for purposes of its license all locations
   where the inventory of alcoholic beverages may be stored and from which the
   alcoholic beverages will be delivered onto airplanes of the air carrier and
   any such licensed express carrier and (b) maintain records of all alcoholic
   beverages to be transported, stored, and delivered by its authorized
   representative. The granting of a license pursuant to this subdivision shall
   automatically authorize the licensee to obtain a license to sell and serve
   wine and beer for on-premises consumption or in closed containers for
   off-premises consumption; however, the licensee shall be required to pay the
   local fee required for such additional license pursuant to &#xA7; 4.1-233.1.
   				For the purposes of this subdivision:
   				&#8220;Financial institution&#8221; means any bank, trust company, savings
   institution, industrial loan association, consumer finance company, or credit
   union.
   				&#8220;Passenger lounge&#8221; means any restricted-access passenger
   waiting room or lounge leased to persons by the applicable airport authority
   in which food and beverage services are provided to ticketed passengers.

   5. Annual mixed beverage sports facility licenses to persons operating a
   sports facility or food concessions at a sports facility, which shall
   authorize the licensee to sell mixed beverages during any event and
   immediately subsequent thereto to patrons within all seating areas,
   concourses, walkways, concession areas, and additional locations designated by
   the Board (i) in closed containers for off-premises consumption or (ii) in
   paper, plastic, or similar disposable containers or in single original metal
   cans for on-premises consumption. Upon authorization of the licensee, any
   person may keep and consume his own lawfully acquired alcoholic beverages on
   the premises in all areas and locations covered by the license. The granting
   of a license pursuant to this subdivision shall automatically authorize the
   licensee to obtain a license to sell and serve wine and beer for on-premises
   consumption or in closed containers for off-premises consumption; however, the
   licensee shall be required to pay the local fee required for such additional
   license pursuant to &#xA7; 4.1-233.1.

   6. Limited mixed beverage restaurant licenses, which shall authorize the
   licensee to sell and serve dessert wines as defined by Board regulation and no
   more than six varieties of liqueurs, which liqueurs shall be combined with
   coffee or other nonalcoholic beverages, for on-premises consumption in dining
   areas of the restaurant or off-premises consumption. Such license may be
   granted only to persons who operate a restaurant and in no event shall the
   sale of such wine or liqueur-based drinks, together with the sale of any other
   alcoholic beverages, exceed 10 percent of the total annual gross sales of all
   food and alcoholic beverages. The granting of a license pursuant to this
   subdivision shall automatically authorize the licensee to obtain a license to
   sell and serve wine and beer for on-premises consumption or in closed
   containers for off-premises consumption; however, the licensee shall be
   required to pay the local fee required for such additional license pursuant to
   &#xA7; 4.1-233.1.

   7. Annual mixed beverage performing arts facility licenses, which shall (i)
   authorize the licensee to sell, on the dates of performances or events,
   alcoholic beverages in paper, plastic, or similar disposable containers or in
   single original metal cans for on-premises consumption in all seating areas,
   concourses, walkways, concession areas, similar facilities, and other areas
   upon the licensed premises approved by the Board and (ii) automatically
   authorize the licensee to obtain a license to sell and serve wine and beer for
   on-premises consumption or in closed containers for off-premises consumption;
   however, the licensee shall be required to pay the local fee required for such
   additional license pursuant to &#xA7; 4.1-233.1. Such licenses may be granted
   to persons operating a performing arts facility or food concessions at a
   performing arts facility.

   8. Combined mixed beverage restaurant and caterer&#8217;s licenses, which may
   be granted to any restaurant or hotel that meets the qualifications for both a
   mixed beverage restaurant pursuant to subdivision 1 and mixed beverage caterer
   pursuant to subdivision 2 for the same business location, and which license
   shall authorize the licensee to operate as both a mixed beverage restaurant
   and mixed beverage caterer at the same business premises designated in the
   license, with a common alcoholic beverage inventory for purposes of the
   restaurant and catering operations. Such licensee shall meet the separate food
   qualifications established for the mixed beverage restaurant license pursuant
   to subdivision 1 and mixed beverage caterer&#8217;s license pursuant to
   subdivision 2. The granting of a license pursuant to this subdivision shall
   automatically authorize the licensee to obtain a license to sell and serve
   wine and beer for on-premises consumption or in closed containers for
   off-premises consumption; however, the licensee shall be required to pay the
   local fee required for such additional license pursuant to &#xA7; 4.1-233.1.

   9. Bed and breakfast licenses, which shall authorize the licensee to (i) serve
   alcoholic beverages in dining areas, private guest rooms, and other designated
   areas to persons to whom overnight lodging is being provided, with or without
   meals, for on-premises consumption only in such rooms and areas, and without
   regard to the amount of gross receipts from the sale of food prepared and
   consumed on the premises and (ii) permit the consumption of lawfully acquired
   alcoholic beverages by persons to whom overnight lodging is being provided in
   (a) bedrooms or private guest rooms or (b) other designated areas of the bed
   and breakfast establishment. For purposes of this subdivision, &#8220;other
   designated areas&#8221; includes outdoor dining areas, whether or not
   contiguous to the licensed premises, which may have more than one means of
   ingress and egress to an adjacent public thoroughfare, provided that such
   outdoor dining areas are under the control of the licensee and approved by the
   Board. Such noncontiguous designated areas shall not be approved for any
   retail license issued pursuant to subdivision A 5 of &#xA7; 4.1-201.

   10. Museum licenses, which may be issued to nonprofit museums exempt from
   taxation under &#xA7; 501(c)(3) of the Internal Revenue Code, which shall
   authorize the licensee to (i) permit the consumption of lawfully acquired
   alcoholic beverages on the premises of the licensee by any bona fide member
   and guests thereof and (ii) serve alcoholic beverages on the premises of the
   licensee to any bona fide member and guests thereof. However, alcoholic
   beverages shall not be sold or charged for in any way by the licensee. The
   privileges of this license shall be limited to the premises of the museum,
   regularly occupied and utilized as such.

   11. Commercial lifestyle center licenses, which may be issued only to a
   commercial owners&#8217; association governing a commercial lifestyle center,
   which shall authorize any retail on-premises restaurant licensee that is a
   tenant of the commercial lifestyle center to sell alcoholic beverages to any
   bona fide customer to whom alcoholic beverages may be lawfully sold for
   consumption on that portion of the licensed premises of the commercial
   lifestyle center designated by the Board, including (i) plazas, seating areas,
   concourses, walkways, or such other similar areas and (ii) the premises of any
   tenant location of the commercial lifestyle center that is not a retail
   licensee of the Board, upon approval of such tenant, but excluding any parking
   areas. Only alcoholic beverages purchased from such retail on-premises
   restaurant licensees may be consumed on the licensed premises of the
   commercial lifestyle center, and such alcoholic beverages shall be contained
   in paper, plastic, or similar disposable containers with the name or logo of
   the restaurant licensee that sold the alcoholic beverage clearly displayed.
   Alcoholic beverages shall not be sold or charged for in any way by the
   commercial lifestyle center licensee. The licensee shall post appropriate
   signage clearly demarcating for the public the boundaries of the licensed
   premises; however, no physical barriers shall be required for this purpose.
   The licensee shall provide adequate security for the licensed premises to
   ensure compliance with the applicable provisions of this subtitle and Board
   regulations.

   12. Mixed beverage port restaurant licenses, which shall authorize the
   licensee to sell and serve mixed beverages for consumption in dining areas and
   other designated areas of such restaurant. Such license may be granted only to
   persons operating a business (i) that is primarily engaged in the sale of
   meals; (ii) that is located on property owned by the United States government
   or an agency thereof and used as a port of entry to or egress from the United
   States; and (iii) whose gross receipts from the sale of food cooked, or
   prepared, and consumed on the premises and nonalcoholic beverages served on
   the premises, after issuance of such license, amount to at least 45 percent of
   the gross receipts from the sale of mixed beverages and food. For the purposes
   of this subdivision, other designated areas shall include outdoor dining
   areas, whether or not contiguous to the licensed premises, which outdoor
   dining areas may have more than one means of ingress and egress to an adjacent
   public thoroughfare, provided such areas are under the control of the licensee
   and approved by the Board. Such noncontiguous designated areas shall not be
   approved for any retail license issued pursuant to subdivision A 5 of &#xA7;
   4.1-201. The granting of a license pursuant to this subdivision shall
   automatically authorize the licensee to obtain a license to sell and serve
   wine and beer for on-premises consumption or in closed containers for
   off-premises consumption; however, the licensee shall be required to pay the
   local fee required for such additional license pursuant to &#xA7; 4.1-233.1.

   13. Annual mixed beverage special events licenses to (i) a duly organized
   nonprofit corporation or association operating either a performing arts
   facility or an art education and exhibition facility; (ii) a nonprofit
   corporation or association chartered by Congress for the preservation of
   sites, buildings, and objects significant in American history and culture;
   (iii) persons operating an agricultural event and entertainment park or
   similar facility that has a minimum of 50,000 square feet of indoor exhibit
   space and equine and other livestock show areas, which includes barns,
   pavilions, or other structures equipped with roofs, exterior walls, and
   open-door or closed-door access; or (iv) a locality for special events
   conducted on the premises of a museum for historic interpretation that is
   owned and operated by the locality. The operation in all cases shall be upon
   premises owned by such licensee or occupied under a bona fide lease, the
   original term of which was for more than one year&#8217;s duration. Such
   license shall authorize the licensee to sell alcoholic beverages during
   scheduled events and performances for on-premises consumption in areas upon
   the licensed premises approved by the Board.

   14. Mixed beverage casino licenses, which shall authorize the licensee to (i)
   sell and serve mixed beverages for on-premises consumption in areas designated
   by the Board, after consultation with the mixed beverage casino licensee,
   without regard to the amount of gross receipts from the sale of food prepared
   and consumed on the premises and (ii) provide complimentary mixed beverages to
   patrons for on-premises consumption in private areas or restricted access
   areas designated by the Board, after consultation with the mixed beverage
   casino licensee. Designated areas may include any areas on the premises of the
   mixed beverage casino licensee, including entertainment venues, private rooms,
   conference rooms, hotels, pools, marinas, or green spaces. The granting of a
   license pursuant to this subdivision shall authorize the licensee to obtain a
   license to sell and serve wine and beer for on-premises consumption and in
   closed containers for off-premises consumption in accordance with the
   provisions of this subdivision governing mixed beverages; however, the
   licensee shall be required to pay the local fee required for such additional
   license pursuant to &#xA7; 4.1-233.1. Notwithstanding any law or regulation to
   the contrary, a mixed beverage casino licensee may exercise the privileges of
   its license as set forth in this subdivision during all hours of operation of
   the casino gaming establishment; however, such licensee shall not sell wine or
   beer for off-premises consumption between the hours of 12 a.m. and 6 a.m.
   				A mixed beverage casino licensee may (a) provide patrons gifts of
   alcoholic beverages in closed containers for personal consumption off the
   licensed premises or in areas designated by the Board, after consultation with
   the mixed beverage casino licensee, and (b) enable patrons who participate in
   a loyalty or reward credit program to redeem credits for the purchase of
   alcoholic beverages for on-premises consumption. A summary of the operation of
   such loyalty or reward credit program shall be provided to the Board upon
   request.
   				A mixed beverage casino license may only be issued to a casino gaming
   establishment owned by an operator licensed under Article 3 (&#xA7; 58.1-4108
   et seq.) of Chapter 41 of Title 58.1.

B. The Board may grant an on-and-off-premises wine and beer license to the
following:

   1. Hotels, restaurants, and clubs, which shall authorize the licensee to sell
   wine and beer (i) in closed containers for off-premises consumption or (ii)
   for on-premises consumption, either with or without meals, in dining areas and
   other designated areas of such restaurants, or in dining areas, private guest
   rooms, and other designated areas of such hotels or clubs, for consumption
   only in such rooms and areas. However, with regard to a hotel classified by
   the Board as (a) a resort complex, the Board may authorize the sale and
   consumption of alcoholic beverages in all areas within the resort complex
   deemed appropriate by the Board or (b) a limited service hotel, the Board may
   authorize the sale and consumption of alcoholic beverages in dining areas,
   private guest rooms, and other designated areas to persons to whom overnight
   lodging is being provided, for on-premises consumption in such rooms or areas,
   and without regard to the amount of gross receipts from the sale of food
   prepared and consumed on the premises, provided that at least one meal is
   provided each day by the hotel to such guests. With regard to facilities
   registered in accordance with Chapter 49 (&#xA7; 38.2-4900 et seq.) of Title
   38.2 as continuing care communities that are also licensed by the Board under
   this subdivision, any resident may, upon authorization of the licensee, keep
   and consume his own lawfully acquired alcoholic beverages on the premises in
   all areas covered by the license. For purposes of this subdivision,
   &#8220;other designated areas&#8221; includes outdoor dining areas, whether or
   not contiguous to the licensed premises, which may have more than one means of
   ingress and egress to an adjacent public thoroughfare, provided that such
   outdoor dining areas are under the control of the licensee and approved by the
   Board. Such noncontiguous designated areas shall not be approved for any
   retail license issued pursuant to subdivision A 5 of &#xA7; 4.1-201.

   2. Hospitals, which shall authorize the licensee to sell wine and beer (i) in
   the rooms of patients for their on-premises consumption only in such rooms,
   provided the consent of the patient&#8217;s attending physician is first
   obtained or (ii) in closed containers for off-premises consumption.

   3. Rural grocery stores, which shall authorize the licensee to sell wine and
   beer for on-premises consumption or in closed containers for off-premises
   consumption. No license shall be granted unless (i) the grocery store is
   located in any town or in a rural area outside the corporate limits of any
   city or town and (ii) it appears affirmatively that a substantial public
   demand for such licensed establishment exists and that public convenience and
   the purposes of this subtitle will be promoted by granting the license.

   4. Coliseums, stadiums, and racetracks, which shall authorize the licensee to
   sell wine and beer during any event and immediately subsequent thereto to
   patrons within all seating areas, concourses, walkways, concession areas, and
   additional locations designated by the Board (i) in closed containers for
   off-premises consumption or (ii) in paper, plastic, or similar disposable
   containers or in single original metal cans for on-premises consumption. Upon
   authorization of the licensee, any person may keep and consume his own
   lawfully acquired alcoholic beverages on the premises in all areas and
   locations covered by the license. Such licenses may be granted to persons
   operating food concessions at coliseums, stadiums, racetracks, or similar
   facilities.

   5. Performing arts food concessionaires, which shall authorize the licensee to
   sell wine and beer during the performance of any event to patrons within all
   seating areas, concourses, walkways, or concession areas, or other areas
   approved by the Board (i) in closed containers for off-premises consumption or
   (ii) in paper, plastic, or similar disposable containers or in single original
   metal cans for on-premises consumption. Upon authorization of the licensee,
   any person may keep and consume his own lawfully acquired alcoholic beverages
   on the premises in all areas and locations covered by the license. Such
   licenses may be granted to persons operating food concessions at any
   performing arts facility.

   6. Exhibition halls, which shall authorize the licensee to sell wine and beer
   during the event to patrons or attendees within all seating areas, exhibition
   areas, concourses, walkways, concession areas, and such additional locations
   designated by the Board in such facilities (i) in closed containers for
   off-premises consumption or (ii) in paper, plastic, or similar disposable
   containers or in single original metal cans for on-premises consumption. Upon
   authorization of the licensee, any person may keep and consume his own
   lawfully acquired alcoholic beverages on the premises in all areas and
   locations covered by the license. Such licenses may be granted to persons
   operating food concessions at exhibition or exposition halls, convention
   centers, or similar facilities located in any county operating under the urban
   county executive form of government or any city that is completely surrounded
   by such county. For purposes of this subdivision, &#8220;exhibition or
   exposition hall&#8221; and &#8220;convention centers&#8221; mean facilities
   conducting private or public trade shows or exhibitions in an indoor facility
   having in excess of 100,000 square feet of floor space.

   7. Concert and dinner-theaters, which shall authorize the licensee to sell
   wine and beer during events to patrons or attendees within all seating areas,
   exhibition areas, concourses, walkways, concession areas, dining areas, and
   such additional locations designated by the Board in such facilities, for
   on-premises consumption or in closed containers for off-premises consumption.
   Persons licensed pursuant to this subdivision shall serve food, prepared on or
   off premises, whenever wine or beer is served. Such licenses may be granted to
   persons operating concert or dinner-theater venues on property fronting
   Natural Bridge School Road in Natural Bridge Station and formerly operated as
   Natural Bridge High School.

   8. Historic cinema houses, which shall authorize the licensee to sell wine and
   beer, either with or without meals, during any showing of a motion picture to
   patrons to whom alcoholic beverages may be lawfully sold, for on-premises
   consumption or in closed containers for off-premises consumption. The
   privileges of this license shall be limited to the premises of the historic
   cinema house regularly occupied and utilized as such.

   9. Nonprofit museums, which shall authorize the licensee to sell wine and beer
   for on-premises consumption or in closed containers for off-premises
   consumption in areas approved by the Board. Such licenses may be granted to
   persons operating a nonprofit museum exempt from taxation under &#xA7;
   501(c)(3) of the Internal Revenue Code, located in the Town of Front Royal,
   and dedicated to educating the consuming public about historic beer products.
   The privileges of this license shall be limited to the premises of the museum,
   regularly occupied and utilized as such.

C. The Board may grant the following off-premises wine and beer licenses:

   1. Retail off-premises wine and beer licenses, which may be granted to a
   convenience grocery store, delicatessen, drugstore, gift shop, gourmet oyster
   house, gourmet shop, grocery store, or marina store as defined in &#xA7;
   4.1-100 and Board regulations. Such license shall authorize the licensee to
   sell wine and beer in closed containers for off-premises consumption and,
   notwithstanding the provisions of &#xA7; 4.1-308, to give to any person to
   whom wine or beer may be lawfully sold a sample of wine or beer for
   on-premises consumption; however, no single sample shall exceed four ounces of
   beer or two ounces of wine and no more than 12 ounces of beer or five ounces
   of wine shall be served to any person per day. The licensee may also give
   samples of wine and beer in designated areas at events held by the licensee
   for the purpose of featuring and educating the consuming public about the
   alcoholic beverages being tasted. With the consent of the licensee, farm
   wineries, wineries, breweries, distillers, and wholesale licensees or
   authorized representatives of such licensees may participate in such tastings,
   including the pouring of samples. The licensee shall comply with any food
   inventory and sales volume requirements established by Board regulation.

   2. Gourmet brewing shop licenses, which shall authorize the licensee to sell
   to any person to whom wine or beer may be lawfully sold, ingredients for
   making wine or brewing beer, including packaging, and to rent to such persons
   facilities for manufacturing, fermenting, and bottling such wine or beer, for
   off-premises consumption in accordance with subdivision 6 of &#xA7; 4.1-200.

   3. Confectionery licenses, which shall authorize the licensee to prepare and
   sell on the licensed premises for off-premises consumption confectionery that
   contains five percent or less alcohol by volume. Any alcohol contained in such
   confectionery shall not be in liquid form at the time such confectionery is
   sold.

D. The Board may grant the following banquet, special event, and tasting
licenses:

   1. Per-day event licenses.
   				a. Banquet licenses to persons in charge of private banquets, and to duly
   organized nonprofit corporations or associations in charge of special events,
   which shall authorize the licensee to sell or give wine and beer in rooms or
   areas approved by the Board for the occasion for on-premises consumption in
   such rooms or areas. Licensees who are nonprofit corporations or associations
   conducting fundraisers (i) shall also be authorized to sell wine, as part of
   any fundraising activity, in closed containers for off-premises consumption to
   persons to whom wine may be lawfully sold; (ii) shall be limited to no more
   than one such fundraiser per year; and (iii) if conducting such fundraiser
   through an online meeting platform, may ship such wine, in accordance with
   Board regulations, in closed containers to persons located within the
   Commonwealth. Except as provided in &#xA7; 4.1-215, a separate license shall
   be required for each day of each banquet or special event. For the purposes of
   this subdivision, when the location named in the original application for a
   license is outdoors, the application may also name an alternative location in
   the event of inclement weather. However, no such license shall be required of
   any hotel, restaurant, or club holding a retail wine and beer license.
   				b. Mixed beverage special events licenses to a duly organized nonprofit
   corporation or association in charge of a special event, which shall authorize
   the licensee to sell and serve mixed beverages for on-premises consumption in
   areas approved by the Board on the premises of the place designated in the
   license. A separate license shall be required for each day of each special
   event.
   				c. Mixed beverage club events licenses to a club holding a wine and beer
   club license, which shall authorize the licensee to sell and serve mixed
   beverages for on-premises consumption by club members and their guests in
   areas approved by the Board on the club premises. A separate license shall be
   required for each day of each club event. No more than 12 such licenses shall
   be granted to a club in any calendar year. The granting of a license pursuant
   to this subdivision shall automatically authorize the licensee to obtain a
   license to sell and serve wine and beer for on-premises consumption; however,
   the licensee shall be required to pay the local fee required for such
   additional license pursuant to &#xA7; 4.1-233.1.
   				d. Tasting licenses, which shall authorize the licensee to sell or give
   samples of alcoholic beverages of the type specified in the license in
   designated areas at events held by the licensee. A tasting license shall be
   issued for the purpose of featuring and educating the consuming public about
   the alcoholic beverages being tasted. A separate license shall be required for
   each day of each tasting event. No tasting license shall be required for
   conduct authorized by &#xA7; 4.1-201.1.

   2. Annual licenses.
   				a. Annual banquet licenses to duly organized private nonprofit fraternal,
   patriotic, or charitable membership organizations that are exempt from state
   and federal taxation and in charge of banquets conducted exclusively for
   members and their guests, which shall authorize the licensee to serve wine and
   beer in rooms or areas approved by the Board for the occasion for on-premises
   consumption in such rooms or areas. Such license shall authorize the licensee
   to conduct no more than 12 banquets per calendar year. For the purposes of
   this subdivision, when the location named in the original application for a
   license is outdoors, the application may also name an alternative location in
   the event of inclement weather. However, no such license shall be required of
   any hotel, restaurant, or club holding a retail wine and beer license.
   				b. Banquet facility licenses to volunteer fire departments and volunteer
   emergency medical services agencies, which shall authorize the licensee to
   permit the consumption of lawfully acquired alcoholic beverages on the
   premises of the licensee by any person, and bona fide members and guests
   thereof, otherwise eligible for a banquet license. However, lawfully acquired
   alcoholic beverages shall not be purchased or sold by the licensee or sold or
   charged for in any way by the person permitted to use the premises. Such
   premises shall be a volunteer fire or volunteer emergency medical services
   agency station or both, regularly occupied as such and recognized by the
   governing body of the county, city, or town in which it is located. Under
   conditions as specified by Board regulation, such premises may be other than a
   volunteer fire or volunteer emergency medical services agency station,
   provided such other premises are occupied and under the control of the
   volunteer fire department or volunteer emergency medical services agency while
   the privileges of its license are being exercised.
   				c. Designated outdoor refreshment area licenses to a locality, business
   improvement district, or nonprofit organization, which shall authorize (i) the
   licensee to permit the consumption of alcoholic beverages within the area
   designated by the Board for the designated outdoor refreshment area and (ii)
   any permanent retail on-premises licensee that is located within the area
   designated by the Board for the designated outdoor refreshment area to sell
   alcoholic beverages within the permanent retail location for consumption in
   the area designated for the designated outdoor refreshment area, including
   sidewalks and the premises of businesses not licensed to sell alcoholic
   beverages at retail, upon approval of such businesses. In determining the
   designated area for the designated outdoor refreshment area, the Board shall
   consult with the locality. Designated outdoor refreshment area licensees shall
   be limited to 16 events per year, and the duration of any event shall not
   exceed three consecutive days. However, the Board may increase the frequency
   and duration of events after adoption of an ordinance by a locality requesting
   such increase in frequency and duration. Such ordinance shall include the size
   and scope of the area within which such events will be held, a public safety
   plan, and any other considerations deemed necessary by the Board. Such
   limitations on the number of events that may be held shall not apply during
   the effective dates of any rule, regulation, or order that is issued by the
   Governor or State Health Commissioner to meet a public health emergency and
   that effectively reduces allowable restaurant seating capacity; however,
   designated outdoor refreshment area licensees shall be subject to all other
   applicable provisions of this subtitle and Board regulations and shall provide
   notice to the Board regarding the days and times during which the privileges
   of the license will be exercised. Only alcoholic beverages purchased from
   permanent retail on-premises licensees located within the designated area may
   be consumed at the event, and such alcoholic beverages shall be contained in
   paper, plastic, or similar disposable containers that clearly display the name
   or logo of the retail on-premises licensee from which the alcoholic beverage
   was purchased. Alcoholic beverages shall not be sold or charged for in any way
   by the designated outdoor refreshment area licensee. The designated outdoor
   refreshment area licensee shall post appropriate signage clearly demarcating
   for the public the boundaries of the event; however, no physical barriers
   shall be required for this purpose. The designated outdoor refreshment area
   licensee shall provide adequate security for the event to ensure compliance
   with the applicable provisions of this subtitle and Board regulations.
   				d. Annual mixed beverage banquet licenses to duly organized private
   nonprofit fraternal, patriotic, or charitable membership organizations that
   are exempt from state and federal taxation and in charge of banquets conducted
   exclusively for members and their guests, which shall authorize the licensee
   to serve mixed beverages for on-premises consumption in areas approved by the
   Board on the premises of the place designated in the license. Such license
   shall authorize the licensee to conduct no more than 12 banquets per calendar
   year. The granting of a license pursuant to this subdivision shall
   automatically authorize the licensee to obtain a license to sell and serve
   wine and beer for on-premises consumption; however, the licensee shall be
   required to pay the local fee required for such additional license pursuant to
   &#xA7; 4.1-233.1.
   				e. Equine sporting event licenses, which may be issued to organizations
   holding equestrian, hunt, and steeplechase events, which shall authorize the
   licensee to permit the consumption of lawfully acquired alcoholic beverages on
   the premises of the licensee by patrons thereof during such event. However,
   alcoholic beverages shall not be sold or charged for in any way by the
   licensee. The privileges of this license shall be (i) limited to the premises
   of the licensee, regularly occupied and utilized for equestrian, hunt, and
   steeplechase events, and (ii) exercised on no more than four calendar days per
   year.
   				f. Annual arts venue event licenses, to persons operating an arts venue,
   which shall authorize the licensee participating in a community art walk that
   is open to the public to serve lawfully acquired wine or beer on the premises
   of the licensee to adult patrons thereof during such events. However,
   alcoholic beverages shall not be sold or charged for in any way, directly or
   indirectly, by the licensee, and the licensee shall not give more than two
   five-ounce glasses of wine or two 12-ounce glasses of beer to any one adult
   patron. The privileges of this license shall be (i) limited to the premises of
   the arts venue regularly occupied and used as such and (ii) exercised on no
   more than 12 calendar days per year.

E. The Board may grant a marketplace license to persons operating a business
enterprise of which the primary function is not the sale of alcoholic beverages,
which shall authorize the licensee to serve complimentary wine or beer to bona
fide customers on the licensed premises subject to any limitations imposed by
the Board; however, the licensee shall not give more than two five-ounce glasses
of wine or two 12-ounce glasses of beer to any customer per day, nor shall it
sell or otherwise charge a fee to such customer for the wine or beer served or
consumed. In order to be eligible for and retain a marketplace license, the
applicant&#8217;s business enterprise must (i) provide a single category of
goods or services in a manner intended to create a personalized experience for
the customer; (ii) employ staff with expertise in such goods or services; (iii)
be ineligible for any other license granted by the Board; (iv) have an alcoholic
beverage control manager on the licensed premises at all times alcohol is
served; (v) ensure that all employees satisfy any training requirements imposed
by the Board; and (vi) purchase all wine and beer to be served from a licensed
wholesaler or the Authority and retain purchase records as prescribed by the
Board. In determining whether to grant a marketplace license, the Board shall
consider (a) the average amount of time customers spend at the business; (b) the
business&#8217;s hours of operation; (c) the amount of time that the business
has been in operation; and (d) any other requirements deemed necessary by the
Board to protect the public health, safety, and welfare.

F. The Board may grant the following shipper, bottler, and related licenses:

   1. Wine and beer shipper licenses, which shall carry the privileges and
   limitations set forth in &#xA7; 4.1-209.1.

   2. Internet wine and beer retailer licenses, which shall authorize persons
   located within or outside the Commonwealth to sell and ship wine and beer, in
   accordance with &#xA7; 4.1-209.1 and Board regulations, in closed containers
   to persons in the Commonwealth to whom wine and beer may be lawfully sold for
   off-premises consumption. Such licensee shall not be required to comply with
   the monthly food sale requirement established by Board regulations.

   3. Bottler licenses, which shall authorize the licensee to acquire and receive
   deliveries and shipments of beer in closed containers and to bottle, sell, and
   deliver or ship it, in accordance with Board regulations to (i) wholesale beer
   licensees for the purpose of resale, (ii) owners of boats registered under the
   laws of the United States sailing for ports of call of a foreign country or
   another state, and (iii) persons outside the Commonwealth for resale outside
   the Commonwealth.

   4. Fulfillment warehouse licenses, which shall authorize associations as
   defined in &#xA7; 13.1-313 with a place of business located in the
   Commonwealth to (i) receive deliveries and shipments of wine or beer owned by
   holders of wine and beer shipper&#8217;s licenses; (ii) store such wine or
   beer on behalf of the owner; and (iii) pick, pack, and ship such wine or beer
   as directed by the owner, all in accordance with Board regulations. No
   wholesale wine or wholesale beer licensee, whether licensed in the
   Commonwealth or not, or any person under common control of such licensee,
   shall acquire or hold any financial interest, direct or indirect, in the
   business for which any fulfillment warehouse license is issued.

   5. Marketing portal licenses, which shall authorize agricultural cooperative
   associations organized under the provisions of the Agricultural Cooperative
   Association Act (&#xA7; 13.1-312 et seq.), with a place of business located in
   the Commonwealth, in accordance with Board regulations, to solicit and receive
   orders for wine or beer through the use of the Internet from persons in the
   Commonwealth to whom wine or beer may be lawfully sold, on behalf of holders
   of wine and beer shipper&#8217;s licenses. Upon receipt of an order for wine
   or beer, the licensee shall forward it to a holder of a wine and beer
   shipper&#8217;s license for fulfillment. Marketing portal licensees may also
   accept payment on behalf of the shipper.

   6. Third-party delivery licenses, which shall carry the privileges and
   limitations set forth in &#xA7; 4.1-212.2.

HISTORY: 2020, cc. 15, 16, 32, 34, 400, 1009, 1113, 1114, 1179; 2020, Sp. Sess.
I, c. 34; 2021, Sp. Sess. I, cc. 182, 281, 282, 390, 391; 2022, cc. 78, 79, 589,
590; 2023, cc. 408, 409; 2024, cc. 105, 111, 159, 255, 619, 622, 627.