Virginia HB 598: Alcoholic beverage control; creates annual mixed beverage performing arts facility license.

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2020 SESSION

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CHAPTER 15 

An Act to amend and reenact � 4.1-210 of the Code of Virginia, 
relating to alcoholic beverage control; annual mixed beverage performing arts 
facility license. 

[H 598] 

Approved February 24, 2020 

Be it enacted by the General Assembly of Virginia:

1. That � 4.1-210 of the Code of Virginia is amended and 
reenacted as follows:

� 4.1-210. Mixed beverages licenses.

A. Subject to the provisions of � 4.1-124, the Board may grant 
the following licenses relating to mixed beverages:

1. Mixed beverage 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 (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 not less 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 (i) sell and 
serve mixed beverages for consumption in such designated areas, bedrooms and 
other private rooms and (ii) 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 agr