2006 Code of Virginia § 4.1-210 - Mixed beverages licenses

4.1-210. Mixed beverages licenses.

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

1. Mixed beverage restaurant licenses, which shall authorize the licensee tosell and serve mixed beverages for consumption in dining areas and otherdesignated areas of such restaurant. Such license may be granted only topersons (i) who operate a restaurant and (ii) whose gross receipts from thesale of food cooked or prepared, and consumed on the premises andnonalcoholic beverages served on the premises, after issuance of suchlicense, amount to at least 45 percent of the gross receipts from the sale ofmixed beverages and food. For the purposes of this paragraph, otherdesignated areas shall include outdoor dining areas, whether or notcontiguous to the licensed premises, provided such areas are under thecontrol of the licensee and approved by the Board.

If the restaurant is located on the premises of a hotel or motel with notless than four permanent bedrooms where food and beverage service iscustomarily provided by the restaurant in designated areas, bedrooms andother private rooms of such hotel or motel, such licensee may (i) sell andserve mixed beverages for consumption in such designated areas, bedrooms andother private rooms and (ii) sell spirits packaged in original closedcontainers purchased from the Board for on-premises consumption to registeredguests and at scheduled functions of such hotel or motel only in suchbedrooms or private rooms. However, with regard to a hotel classified as aresort complex, the Board may authorize the sale and on-premises consumptionof alcoholic beverages in all areas within the resort complex deemedappropriate by the Board. Nothing herein shall prohibit any person fromkeeping and consuming his own lawfully acquired spirits in bedrooms orprivate 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, ormembers of another private, nonprofit or profit club in another city withwhich it has an agreement for reciprocal dining privileges, such licenseshall also authorize the licensees to sell and serve mixed beverages foron-premises consumption. Where such club prepares no food in its restaurantbut purchases its food requirements from a restaurant licensed by the Boardand located on another portion of the premises of the same hotel or motelbuilding, this fact shall not prohibit the granting of a license by the Boardto such club qualifying in all other respects. The club's gross receipts fromthe sale of nonalcoholic beverages consumed on the premises and food resoldto its members and guests and consumed on the premises shall amount to atleast 45 percent of its gross receipts from the sale of mixed beverages andfood. The food sales made by a restaurant to such a club shall be excluded inany consideration of the qualifications of such restaurant for a license fromthe Board.

2. Mixed beverage caterer's licenses, which may be granted only to a personregularly engaged in the business of providing food and beverages to othersfor service at private gatherings or at special events, which shall authorizethe licensee to sell and serve alcoholic beverages for on-premisesconsumption. The annual gross receipts from the sale of food cooked andprepared for service and nonalcoholic beverages served at gatherings andevents referred to in this subdivision shall amount to at least 45 percent ofthe gross receipts from the sale of mixed beverages and food.

3. Mixed beverage special events licenses, to a duly organized nonprofitcorporation or association in charge of a special event, which shallauthorize the licensee to sell and serve mixed beverages for on-premisesconsumption in areas approved by the Board on the premises of the placedesignated in the license. A separate license shall be required for each dayof each special event.

4. Annual mixed beverage special events licenses to (i) a duly organizednonprofit corporation or association operating a performing arts facility or(ii) a nonprofit corporation or association chartered by Congress for thepreservation of sites, buildings and objects significant in American historyand culture. The operation in either case shall be upon premises owned bysuch licensee or occupied under a bona fide lease the original term of whichwas for more than one year's duration. Such license shall authorize the sale,on the dates of performances or events in furtherance of the purposes of thenonprofit corporation or association, of alcoholic beverages, for on-premisesconsumption in areas upon the licensed premises approved by the Board.

5. Mixed beverage carrier licenses to persons operating a common carrier ofpassengers by train, boat or airplane, which shall authorize the licensee tosell and serve mixed beverages anywhere in the Commonwealth to passengerswhile in transit aboard any such common carrier, and in designated rooms ofestablishments of air carriers at airports in the Commonwealth.

6. Mixed beverage club events licenses, which shall authorize a club holdinga beer or wine and beer club license to sell and serve mixed beverages foron-premises consumption by club members and their guests in areas approved bythe Board on the club premises. A separate license shall be required for eachday of each club event. No more than 12 such licenses shall be granted to aclub in any calendar year.

7. Annual mixed beverage amphitheater licenses to persons operating foodconcessions at any outdoor performing arts amphitheater, arena or similarfacility that has seating for more than 20,000 persons and is located in anycounty with a population between 210,000 and 216,000 or in any city with apopulation between 392,000 and 394,000. Such license shall authorize thelicensee to sell alcoholic beverages during the performance of any event, inpaper, plastic or similar disposable containers to patrons within all seatingareas, concourses, walkways, concession areas, or similar facilities, foron-premises consumption.

8. Annual mixed beverage amphitheater licenses to persons operating foodconcessions at any outdoor performing arts amphitheater, arena or similarfacility that has seating for more than 5,000 persons and is located in anycity with a population between 103,900 and 104,500. Such license shallauthorize the licensee to sell alcoholic beverages during the performance ofany event, in paper, plastic or similar disposable containers to patronswithin all seating areas, concourses, walkways, concession areas, or similarfacilities, for on-premises consumption.

9. Annual mixed beverage motor sports facility license to persons operatingfood concessions at any outdoor motor sports road racing club facility, ofwhich the track surface is 3.27 miles in length, on 1,200 acres of ruralproperty bordering the Dan River, which shall authorize the licensee to sellmixed beverages, in paper, plastic, or similar disposable containers duringscheduled events, as well as events or performances immediately subsequentthereto, to patrons in all dining facilities, seating areas, viewing areas,walkways, concession areas or similar facilities, for on-premisesconsumption. Upon authorization of the licensee, any person may keep andconsume his own lawfully acquired alcoholic beverages on the premises in allareas and locations covered by the license.

10. Annual mixed beverage banquet licenses to duly organized privatenonprofit fraternal, patriotic or charitable membership organizations thatare exempt from state and federal taxation and in charge of banquetsconducted exclusively for its members and their guests, which shall authorizethe licensee to serve mixed beverages for on-premises consumption in areasapproved by the Board on the premises of the place designated in the license.Such license shall authorize the licensee to conduct no more than 12 banquetsper calendar year.

B. The granting of any license under subdivision 1, 5, 6, 7, 8, 9, or 10shall automatically include a license to sell and serve wine and beer foron-premises consumption. The licensee shall pay the state and local taxesrequired by 4.1-231 and 4.1-233.

(1968, c. 7, 4-98.2, 4-98.3; 1970, cc. 119, 627; 1972, cc. 679, 691; 1974,c. 460; 1975, c. 483; 1976, cc. 700, 768; 1978, c. 153; 1980, c. 490; 1981,c. 269; 1982, c. 119; 1986, cc. 70, 374; 1987, c. 107; 1990, c. 402; 1991, c.690; 1992, cc. 162, 215; 1993, cc. 190, 866, 910; 1998, c. 535; 2000, cc.1036, 1047, 1051; 2001, cc. 461, 845; 2004, c. 487; 2006, c. 731.)

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