TITLE 4.1. ALCOHOLIC BEVERAGES CONTROL ACT.

§§ 4.1-111, 4.1-325, and 4.1-325.2 amended.
Alcoholic beverage control; gifts of alcoholic beverages by licensees. Allows retail licensees of the Alcoholic Beverage Control (ABC) Board to give gifts of alcoholic beverages under certain circumstances outlined in the bill. The bill also authorizes the ABC Board, by regulation, to establish limitations on the quantity and value of any such gifts. HB 2652; CH. 856.

§§ 4.1-132, 4.1-207, 4.1-212, and 4.1-238 amended.
Alcoholic beverage control; wine licenses; off-premises bonded warehouses. Expands the privileges of a winery and farm winery licensee to store wine in bonded warehouses on or off the licensed premises, provided such licensees obtain a permit from the ABC Board. The bill requires such licensees to post a bond to cover the tax liability of such licensee. The bill contains technical amendments related to this change. SB 798; CH. 564.

§ 4.1-201 amended.
Alcoholic beverage control; farm wineries; shipments to other farm wineries. Authorizes any farm winery licensee to sell and ship or deliver its wine in closed containers to another farm winery licensee, the wine so sold and shipped or delivered to be used by the receiving farm winery licensee in the manufacture of wine. Any wine received under this bill shall be deemed an agricultural product produced in the Commonwealth for the purposes of § 4.1-219. Provides for recordkeeping as to the source of such fruit or agricultural products transferred. SB 1201; CH. 630.

§§ 4.1-204, 4.1-207, 4.1-208, 4.1-209, 4.1-215, 4.1-230, 4.1-231, and 4.1-310 amended; § 4.1-112.1 added.
Alcoholic beverage control; wine and beer shippers' licenses. Provides for licensure by the ABC Board of wineries, farm wineries and breweries located within and outside of the Commonwealth to sell, deliver or ship by common carrier no more than two cases of wine or beer per consumer per month, in closed containers, to persons to whom alcoholic beverages may be lawfully sold in the Commonwealth for their personal use only and not for resale. Persons within or outside the Commonwealth, who are not wineries, farm wineries, or breweries may also apply for wine and/or beer shippers' licenses. Wineries, farm wineries, or breweries that apply for a shippers' license or that authorize any other person, other than retail off-premises licensees, to apply for a license shall notify any wholesale licensees that have been authorized to distribute such brands that an application has been filed for a shipper's license. Any applicant for a shipper's license must obtain the written consent of the winery, farm winery or brewery whose brands they propose to ship. Written authorization by the winery, farm winery or brewery may be withdrawn at any time. Such licensees are required to affix a conspicuous notice in 16-point type or greater to the outside of each shipping container of wine so shipped stating: "CONTAINS ALCOHOL BEVERAGES; SIGNATURE OF PERSON AGED 21 YEARS OR OLDER REQUIRED FOR DELIVERY." The bill provides that each shipment of wine or beer by a licensed shipper to a person in the Commonwealth shall be deemed to be sold in Virginia. Licensees collect taxes and remit such taxes to the Commonwealth on a monthly basis and are required to meet recordkeeping requirements. All deliveries of wine, farm wine and/or beer shall be performed by the owner or any agent, officer, director, shareholder or employee of the licensee. The Board may engage the services of alcoholic beverage control authorities in any state to assist with the inspection of the premises of a wine or beer shipper licensee or any applicant for such license. HB 1652; CH. 1030 (effective-see bill)/SB 1117; CH.1029 (effective-see bill).

§ 4.1-207 amended.
Alcoholic beverage control; farm winery licenses. Increases from two to five the number of additional retail outlets at which a holder of a farm winery license may sell such wine. The bill also provides that it is the intent of the General Assembly that any provision of this act shall be severable if a court of competent jurisdiction renders a final, nonappealable decision that it is unconstitutional to confer the licensed privileges afforded by this act while simultaneously withholding comparable privileges from wineries located out of state. SB 1200; CH. 629.

§§ 4.1-208 and 4.1-209 amended.
Erroneous cross references. Eliminates two cross references to a section repealed in 2002. HB 2540; CH. 329.

§ 4.1-209 amended.
Alcoholic beverage control; wine and beer licenses; outdoor performing arts facility. Authorizes the granting by the ABC Board of a retail wine and beer license to persons operating food concessions at any outdoor performing arts amphitheater, arena, or similar facility in the City of Charlottesville. HB 1601; CH. 589.

§ 4.1-219 amended.
Alcoholic beverage control; Class A farm wineries. Provides that, upon petition of the Department of Agriculture and Consumer Services (VDACS), the ABC Board may also permit the use by a Class A farm winery of a lesser percentage of products grown or produced on the farm if unusually severe weather or disease conditions cause a significant reduction in the availability of fruit or other agricultural products grown or produced on the farm to manufacture wine during a given license year. Currently, upon a petition by VDACS, the ABC Board may permit the use of a greater quantity of out-of-state products if supplies grown or produced in the Commonwealth are insufficient for a farm winery licensee, whether Class A or Class B, to achieve the level of production that otherwise could be anticipated during a given license year. SB 1202; CH. 631.

§ 4.1-225 amended.
Alcoholic beverage control; grounds for which ABC Board may suspend or revoke licenses. Clarifies that the ABC Board may suspend or revoke a retail license if the place occupied by the licensee has become a place where illegal drugs are regularly used or distributed. HB 1775; CH. 594.

§ 4.1-305 amended.
Underage alcohol possession. Provides that prosecution for underage possession of alcohol may occur either in the county or city in which the alcohol was consumed or in the county or city in which the person exhibited evidence of prior consumption. HB 2000; CH. 845.

§ 4.1-305 amended.
Probation for underage alcohol possession. Provides that a person convicted of underage possession of alcohol or using a false identification to purchase alcohol may be placed on probation pursuant to deferred disposition and referred to a community-based probation program if such program has been established as an alternative to a referral to a Virginia Alcohol Safety Action program or Department of Mental Health, Mental Retardation and Substance Abuse Services program if a community-based program is available. HB 2229; CH. 849.

§ 4.1-352 amended.
Certificate of forensic scientist as evidence. Removes references to "chemist" in section involving analysis of alcohol samples, correcting them to forensic scientist. The bill also allows a forensic scientist's certificate of analysis of alcohol into evidence without being sworn, only signed. HB 1918; CH. 130.

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