Virginia HB 1753: Alcoholic beverage control; mixed beverage carrier license, airport passenger lounge.

Bill Text

VIRGINIAACTSOFASSEMBLY--2023SESSION
CHAPTER408
An Act to amend and reenact § 4.1-206.3, as it is currently effective and as it shall become effective, of
the Code of Virginia, relating to alcoholic beverage control; mixed beverage carrier license; airport
passenger lounge; emergency.
[H1753]
ApprovedMarch23,2023
Be it enacted by the General Assembly of Virginia:
1. That § 4.1-206.3, as it is currently effective and as it shall become effective, of the Code of
Virginia is amended and reenacted as follows:
§4.1-206.3. (Effective until July 1, 2024) Retail licenses.
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 §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'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