2006 Code of Virginia § 4.1-200 - Exemptions from licensure

4.1-200. Exemptions from licensure.

The licensure requirements of this chapter shall not apply to:

1. A person in charge of an institution regularly conducted as a hospital orsanatorium for the care of persons in ill health, or as a home devotedexclusively to the care of aged people, who administers or causes to beadministered alcoholic beverages to any bona fide patient or inmate of theinstitution who is in need of the same, either by way of external applicationor otherwise for emergency medicinal purposes. Such person may charge for thealcoholic beverages so administered, and carry such stock as may be necessaryfor this purpose. No charge shall be made of any patient for the alcoholicbeverages so administered to him where the same have been supplied to theinstitution by the Board free of charge.

2. The manufacture, sale and delivery or shipment by persons authorized underexisting laws to engage in such business of any medicine containingsufficient medication to prevent it from being used as a beverage.

3. The manufacture, sale and delivery or shipment by persons authorized underexisting laws to engage in such business of any medicinal preparationsmanufactured in accordance with formulas prescribed by the United Statespharmacopoeia; national formulary, patent and proprietary preparations; andother bona fide medicinal and technical preparations; which contain no morealcohol than is necessary to extract the medicinal properties of the drugscontained in such preparations, and no more alcohol than is necessary to holdthe medicinal agents in solution and to preserve the same, and which aremanufactured and sold to be used exclusively as medicine and not as beverages.

4. The manufacture, sale and delivery or shipment of toilet, medicinal andantiseptic preparations and solutions not intended for internal human use norto be sold as beverages.

5. The manufacture and sale of food products known as flavoring extractswhich are manufactured and sold for cooking and culinary purposes only andnot sold as beverages.

6. Any person who manufactures at his residence or at a gourmet brewing shopfor domestic consumption at his residence, but not to be sold, dispensed orgiven away, except as hereinafter provided, wine or beer or both, in anamount not to exceed the limits permitted by federal law.

Any person who manufactures wine or beer in accordance with this subdivisionmay remove from his residence an amount not to exceed fifty liters of suchwine or fifteen gallons of such beer on any one occasion for (i) personal orfamily use, provided such use does not violate the provisions of this titleor Board regulations; (ii) giving to any person to whom wine or beer may belawfully sold an amount not to exceed (a) one liter of wine per person peryear or (b) seventy-two ounces of beer per person per year, provided suchgift is for noncommercial purposes; or (iii) giving to any person to whombeer may lawfully be sold a sample of such wine or beer, not to exceed (a)one ounce of wine by volume or (b) two ounces of beer by volume foron-premises consumption at events organized for judging or exhibiting suchwine or beer, including events held on the premises of a retail licensee.Nothing in this paragraph shall be construed to authorize the sale of suchwine or beer.

The provision of this subdivision shall not apply to any person who resideson property on which a winery, farm winery, or brewery is located.

7. Any person who keeps and possesses lawfully acquired alcoholic beveragesin his residence for his personal use or that of his family. However, suchalcoholic beverages may be served or given to guests in such residence bysuch person, his family or servants when (i) such guests are 21 years of ageor older or are accompanied by a parent, guardian, or spouse who is 21 yearsof age or older and (ii) such service or gift is in no way a shift or deviceto evade the provisions of this title.

8. Any person who manufactures and sells cider to distillery licensees, orany person who manufactures wine from grapes grown by such person and sellsit to winery licensees.

9. The sale of wine and beer in or through canteens or post exchanges onUnited States reservations when permitted by the proper authority of theUnited States.

10. The keeping and consumption of any lawfully acquired alcoholic beveragesat a private meeting or private party limited in attendance to members andguests of a particular group, association or organization at a banquet orsimilar affair, or at a special event, if a banquet license has been granted.

(Code 1950, 4-50, 4-89, 4-90; 1954, c. 147; 1970, cc. 113, 541; 1972, cc.75, 76, 741; 1973, c. 413; 1975, c. 408; 1976, c. 37; 1981, c. 410; 1984, c.200; 1992, c. 349; 1993, c. 866; 1995, cc. 497, 518; 2001, c. 117; 2006, cc.274, 740.)