2006 Code of Virginia § 4.1-100 - Definitions

4.1-100. Definitions.

As used in this title unless the context requires a different meaning:

"Alcohol" means the product known as ethyl or grain alcohol obtained bydistillation of any fermented liquor, rectified either once or more often,whatever the origin, and shall include synthetic ethyl alcohol, but shall notinclude methyl alcohol and alcohol completely denatured in accordance withformulas approved by the government of the United States.

"Alcohol vaporizing device" means any device, machine, or process thatmixes any alcoholic beverages with pure oxygen or other gas to produce avaporized product for the purpose of consumption by inhalation.

"Alcoholic beverages" includes alcohol, spirits, wine, and beer, and anyone or more of such varieties containing one-half of one percent or more ofalcohol by volume, including mixed alcoholic beverages, and every liquid orsolid, patented or not, containing alcohol, spirits, wine, or beer andcapable of being consumed by a human being. Any liquid or solid containingmore than one of the four varieties shall be considered as belonging to thatvariety which has the higher percentage of alcohol, however obtained,according to the order in which they are set forth in this definition; exceptthat beer may be manufactured to include flavoring materials and othernonbeverage ingredients containing alcohol, as long as no more than 49percent of the overall alcohol content of the finished product is derivedfrom the addition of flavors and other nonbeverage ingredients containingalcohol for products with an alcohol content of no more than six percent byvolume; or, in the case of products with an alcohol content of more than sixpercent by volume, as long as no more than one and one-half percent of thevolume of the finished product consists of alcohol derived from added flavorsand other nonbeverage ingredients containing alcohol.

"Barrel" means any container or vessel having a capacity of more than 43ounces.

"Bed and breakfast establishment" means any establishment (i) having nomore than 15 bedrooms; (ii) offering to the public, for compensation,transitory lodging or sleeping accommodations; and (iii) offering at leastone meal per day, which may but need not be breakfast, to each person to whomovernight lodging is provided.

"Beer" means any alcoholic beverage obtained by the fermentation of aninfusion or decoction of barley, malt, and hops or of any similar products indrinkable water and containing one-half of one percent or more of alcohol byvolume.

"Board" means the Virginia Alcoholic Beverage Control Board.

"Bottle" means any vessel intended to contain liquids and having a capacityof not more than 43 ounces.

"Club" means any private nonprofit corporation or association which is theowner, lessee, or occupant of an establishment operated solely for anational, social, patriotic, political, athletic, or other like purpose, butnot for pecuniary gain, the advantages of which belong to all of the members.It also means the establishment so operated. A corporation or associationshall not lose its status as a club because of the conduct of charitablegaming conducted pursuant to Article 1.1:1 ( 18.2-340.15 et seq.) of Chapter8 of Title 18.2 in which nonmembers participate frequently or in largenumbers, provided that no alcoholic beverages are served or consumed in theroom where such charitable gaming is being conducted while such gaming isbeing conducted and that no alcoholic beverages are made available upon thepremises to any person who is neither a member nor a bona fide guest of amember.

Any such corporation or association which has been declared exempt fromfederal and state income taxes as one which is not organized and operated forpecuniary gain or profit shall be deemed a nonprofit corporation orassociation.

"Container" means any barrel, bottle, carton, keg, vessel or otherreceptacle used for holding alcoholic beverages.

"Convenience grocery store" means an establishment which (i) has anenclosed room in a permanent structure where stock is displayed and offeredfor sale and (ii) maintains an inventory of edible items intended for humanconsumption consisting of a variety of such items of the types normally soldin grocery stores.

"Day spa" means any commercial establishment that offers to the public bothmassage therapy, performed by persons certified in accordance with 54.1-3029, and barbering or cosmetology services performed by personslicensed in accordance with Chapter 7 ( 54.1-700 et seq.) of Title 54.1.

"Designated area" means a room or area approved by the Board foron-premises licensees.

"Dining area" means a public room or area in which meals are regularlyserved.

"Establishment" means any place where alcoholic beverages of one or morevarieties are lawfully manufactured, sold, or used.

"Farm winery" means an establishment (i) located on a farm in theCommonwealth with a producing vineyard, orchard, or similar growing area andwith facilities for fermenting and bottling wine on the premises where theowner or lessee manufactures wine that contains not more than 18 percentalcohol by volume or (ii) located in the Commonwealth with a producingvineyard, orchard, or similar growing area or agreements for purchasinggrapes or other fruits from agricultural growers within the Commonwealth, andwith facilities for fermenting and bottling wine on the premises where theowner or lessee manufactures wine that contains not more than 18 percentalcohol by volume. As used in this definition, the terms "owner" and"lessee" shall include a cooperative formed by an association ofindividuals for the purpose of manufacturing wine. In the event suchcooperative is licensed as a farm winery, the term "farm" as used in thisdefinition includes all of the land owned or leased by the individual membersof the cooperative as long as such land is located in the Commonwealth.

"Gift shop" means any bona fide retail store selling, predominantly, gifts,books, souvenirs, specialty items relating to history, original and handmadearts and products, collectibles, crafts, and floral arrangements, which isopen to the public on a regular basis. Such shop shall be a permanentstructure where stock is displayed and offered for sale and which hasfacilities to properly secure any stock of wine or beer. Such shop may belocated (i) on the premises or grounds of a government registered national,state or local historic building or site or (ii) within the premises of amuseum. The Board shall consider the purpose, characteristics, nature, andoperation of the shop in determining whether it shall be considered a giftshop.

"Gourmet brewing shop" means an establishment which sells to persons towhom wine or beer may lawfully be sold, ingredients for making wine orbrewing beer, including packaging, and rents to such persons facilities formanufacturing, fermenting and bottling such wine or beer.

"Gourmet shop" means an establishment provided with adequate inventory,shelving, and storage facilities, where, in consideration of payment,substantial amounts of domestic and imported wines and beers of various typesand sizes and related products such as cheeses and gourmet foods arehabitually furnished to persons.

"Government store" means a store established by the Board for the sale ofalcoholic beverages.

"Hotel" means any duly licensed establishment, provided with special spaceand accommodation, where, in consideration of payment, food and lodging arehabitually furnished to persons, and which has four or more bedrooms. Itshall also mean the person who operates such hotel.

"Interdicted person" means a person to whom the sale of alcoholic beveragesis prohibited by order pursuant to this title.

"Intoxicated" means a condition in which a person has drunk enoughalcoholic beverages to observably affect his manner, disposition, speech,muscular movement, general appearance or behavior.

"Licensed" means the holding of a valid license issued by the Board.

"Licensee" means any person to whom a license has been granted by the Board.

"Low alcohol beverage cooler" means a drink containing one-half of onepercent or more of alcohol by volume, but not more than seven and one-halfpercent alcohol by volume, and consisting of spirits mixed with nonalcoholicbeverages or flavoring or coloring materials; it may also contain water,fruit juices, fruit adjuncts, sugar, carbon dioxide, preservatives or othersimilar products manufactured by fermenting fruit or fruit juices. Lowalcohol beverage coolers shall be treated as wine for all purposes of thistitle; except that low alcohol beverage coolers shall not be sold inlocalities that have not approved the sale of mixed beverages pursuant to 4.1-124. In addition, low alcohol beverage coolers shall not be sold foron-premises consumption other than by mixed beverage licensees.

"Meals" means, for a mixed beverage license, an assortment of foodscommonly ordered in bona fide, full-service restaurants as principal meals ofthe day. Such restaurants shall include establishments specializing in fullcourse meals with a single substantial entree.

"Member of a club" means (i) a person who maintains his membership in theclub by the payment of monthly, quarterly, or annual dues in the mannerestablished by the rules and regulations thereof or (ii) a person who is amember of a bona fide auxiliary, local chapter, or squadron composed ofdirect lineal descendants of a bona fide member, whether alive or deceased,of a national or international organization to which an individual lodgeholding a club license is an authorized member in the same locality. It shallalso mean a lifetime member whose financial contribution is not less than 10times the annual dues of resident members of the club, the full amount ofsuch contribution being paid in advance in a lump sum.

"Mixed beverage" or "mixed alcoholic beverage" means a drink composed inwhole or in part of spirits.

"Mixer" means any prepackaged ingredients containing beverages or flavoringor coloring materials, and which may also contain water, fruit juices, fruitadjuncts, sugar, carbon dioxide, or preservatives which are not commonlyconsumed unless combined with alcoholic beverages, whether or not suchingredients contain alcohol. Such specialty beverage product shall bemanufactured or distributed by a Virginia corporation.

"Place or premises" means the real estate, together with any buildings orother improvements thereon, designated in the application for a license asthe place at which the manufacture, bottling, distribution, use or sale ofalcoholic beverages shall be performed, except that portion of any suchbuilding or other improvement actually and exclusively used as a privateresidence.

"Public place" means any place, building, or conveyance to which the publichas, or is permitted to have, access, including restaurants, soda fountains,hotel dining areas, lobbies, and corridors of hotels, and any highway,street, lane, park, or place of public resort or amusement.

The term shall not include (i) hotel or restaurant dining areas or ballroomswhile in use for private meetings or private parties limited in attendance tomembers and guests of a particular group, association or organization; (ii)restaurants licensed by the Board in office buildings or industrial orsimilar facilities while such restaurant is closed to the public and in usefor private meetings or parties limited in attendance to employees andnonpaying guests of the owner or a lessee of all or part of such building orfacility; (iii) offices, office buildings or industrial facilities whileclosed to the public and in use for private meetings or parties limited inattendance to employees and nonpaying guests of the owner or a lessee of allor part of such building or facility; or (iv) private recreational orchartered boats which are not licensed by the Board and on which alcoholicbeverages are not sold.

"Residence" means any building or part of a building or structure where aperson resides, but does not include any part of a building which is notactually and exclusively used as a private residence, nor any part of a hotelor club other than a private guest room thereof.

"Resort complex" means a facility (i) with a hotel owning year-round sportsand recreational facilities located contiguously on the same property or (ii)owned by a nonstock, nonprofit, taxable corporation with voluntary membershipwhich, as its primary function, makes available golf, ski and otherrecreational facilities both to its members and the general public. The hotelor corporation shall have a minimum of 140 private guest rooms or dwellingunits contained on not less than 50 acres. The Board may consider thepurpose, characteristics, and operation of the applicant establishment indetermining whether it shall be considered as a resort complex. All otherpertinent qualifications established by the Board for a hotel operation shallbe observed by such licensee.

"Restaurant" means, for a beer, or wine and beer license, any establishmentprovided with special space and accommodation, where, in consideration ofpayment, meals or other foods prepared on the premises are regularly sold.

"Restaurant" means, for a mixed beverage license, an established place ofbusiness (i) where meals with substantial entrees are regularly sold and (ii)which has adequate facilities and sufficient employees for cooking,preparing, and serving such meals for consumption at tables in dining areason the premises, and includes establishments specializing in full coursemeals with a single substantial entree.

"Sale" and "sell" includes soliciting or receiving an order for; keeping,offering or exposing for sale; peddling, exchanging or bartering; ordelivering otherwise than gratuitously, by any means, alcoholic beverages.

"Special agent" means an employee of the Department of Alcoholic BeverageControl whom the Board has designated as a law-enforcement officer pursuantto 4.1-105.

"Special event" means an event sponsored by a duly organized nonprofitcorporation or association and conducted for an athletic, charitable, civic,educational, political, or religious purpose.

"Spirits" means any beverage which contains alcohol obtained bydistillation mixed with drinkable water and other substances, in solution,and includes, among other things, brandy, rum, whiskey, and gin, or any oneor more of the last four named ingredients; but shall not include any suchliquors completely denatured in accordance with formulas approved by theUnited States government.

"Wine" means any alcoholic beverage obtained by the fermentation of thenatural sugar content of fruits or other agricultural products containing (i)sugar, including honey and milk, either with or without additional sugar;(ii) one-half of one percent or more of alcohol by volume; and (iii) noproduct of distillation. The term includes any wine to which wine spiritshave been added, as provided in the Internal Revenue Code, to make productscommonly known as "fortified wine" which do not exceed an alcohol contentof 21 percent by volume.

"Wine cooler" means a drink containing one-half of one percent or more ofalcohol by volume, and not more than three and two-tenths percent of alcoholby weight or four percent by volume consisting of wine mixed withnonalcoholic beverages or flavoring or coloring materials, and which may alsocontain water, fruit juices, fruit adjuncts, sugar, carbon dioxide, orpreservatives and shall include other similar products manufactured byfermenting fruit or fruit juices. Wine coolers and similar fermented fruitjuice beverages shall be treated as wine for all purposes except for taxationunder 4.1-236.

"With or without meals" means the selling and serving of alcoholicbeverages by retail licensees for on-premises consumption whether or notaccompanied by food so long as the total food-beverage ratio required by 4.1-210, or the monthly food sale requirement established by Boardregulation, is met by such retail licensee.

(Code 1950, 4-2, 4-99; 1952, c. 496; 1954, c. 682; 1962, c. 533; 1968, c.7, 4-98.1; 1970, cc. 302, 309; 1974, cc. 460, 497; 1975, c. 408; 1976, cc.64, 702; 1977, c. 280; 1980, cc. 324, 490; 1983, c. 340; 1984, c. 200; 1985,cc. 448, 457; 1988, c. 261, 4-127; 1990, cc. 707, 932; 1991, c. 426; 1993,cc. 190, 866, 910; 1995, cc. 497, 518, 661; 1996, cc. 558, 604; 1997, cc.124, 425; 1999, cc. 93, 171, 481; 2000, cc. 786, 1037, 1052; 2005, c. 911;2006, c. 714.)

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