These 14 Va. ABC laws go into effect July 1

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HAMPTON ROADS, Va. (WAVY) —  Governor Ralph Northam has signed into law 14 Virginia Alcoholic Beverage Control (ABC) Authority legislative proposals passed by the Virginia General Assembly during the 2018 session.

The laws go into effect Sunday, July 1.

Licensing Fee

HB 826 and SB 884– increases the ABC general license application fee from $65 to $195 and the application fee for mixed beverage special event licenses from $15 to $45. The law also increases the state tax on wine shipper’s licenses, beer shipper’s licenses and wine and beer shipper’s licenses from $95 to $230. This proposal was the result of discussions with industry stakeholders regarding the agency’s increased efforts to process applications in a timely manner. Additional revenues will be used to support Virginia ABC Bureau of Law Enforcement operations.

Notary Requirement

SB 647 removes the requirement that applicants for certain ABC licenses provide a written statement, under oath. Instead, applicants will swear and affirm that all of the information contained in the application is true. This change will allow Virginia ABC to continue to move towards being paperless with the implementation of its new licensing system.

Higher Education Substance Abuse Advisory Committee

HB 852 and SB 120 directs Virginia ABC to establish and appoint members to the Virginia Institutions of Higher Education Substance Use Advisory Committee, with the goal of developing and updating a 
statewide strategic plan for substance use education, prevention and intervention at Virginia’s 
public and private institutions of higher education.

Electronic Records

HB 1379 permits electronic records of retail licensees to be stored off site under certain conditions, provided that such records are readily retrievable and available for electronic inspection by Virginia ABC or its special agents at the licensed premises.

Distilleries

SB 486 allows licensed distillers to include in samples, spirits or vermouth not manufactured on the licensed premises, provided that at least 75 percent of the spirits used are manufactured on the distillery’s premises. Distilleries may keep no more than 10 spirits not manufactured on site. The law also increases the number of banquet licenses for special events a licensed distiller may purchase per year from four to eight and allows the licensee to sell samples of spirits at such special events.

Additional Measures Impacting Alcohol Licenses

HB 486 adds property related to the Old Prices Fork School Comprehensive Community Revitalization project for which a mixed beverage license may be issued without requiring a local referendum.

HB 1602 and SB 61 reates a new confectionary license which authorizes the licensee to prepare and sell confectionary that contains five percent or less alcohol by volume for off-premise consumption.

SB 588 expands the privileges of the existing annual mixed beverage special events license to include museums or other facilities owned by the locality and used primarily for historic interpretation.

SB 695 creates an internet beer retailer license, establishes the privileges of and fee for the license, and defines “internet beer retailer.”

SB 769 allows museum licensees who operate a museum located in the Town of Front Royal that is dedicated to educating the consuming public about historic beer products to sell beer for on-premises consumption in areas approved by the Virginia ABC Board of Directors.

Swim Clubs

HB 1520 allows any private swim club operated by a duly organized nonprofit corporation or  association to allow its members to bring and consume lawfully acquired alcoholic beverages onto 
the premises.

Wholesalers

HB 1005 and SB 174 permits wine wholesalers to have designated exclusive sales territories. This law matches how beer franchise territories are currently structured.

HB 820 and SB 382 requires that before any wine or beer may be delivered to a retail licensee for resale, the wine or beer must first be delivered to the licensed premises of a wine or beer wholesaler, unloaded from the transporting vehicle, kept on the licensed premises of the wholesaler for not less than four hours prior to reloading on a vehicle, and recorded in the wholesaler’s inventory.

Brewery Remote Locations

HB 422 and SB 306 requires that when a brewery licensee sells at retail the brands of beer that the brewery owns, at least 20 percent of the volume of beer sold for on-premises consumption in any calendar year shall be manufactured on the licensed premises. This law has a delayed effective date of Jan. 1, 2019, with a further delayed effective date of April 30, 2022, for Deschutes Brewery in Roanoke.
 

Copyright 2019 Nexstar Broadcasting, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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