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Updates and New License Types Effective July 1, 2012

2012 Updates

Brewery License Enhancements

The General Assembly passed Senate Bill 604, which increases privileges for breweries. Prior to July 1, 2012, breweries were required to obtain a second license to sell beer for off-premises consumption and a restaurant license in order to sell beer for on-premises consumption. Under the new law, brewers will be able to operate more like a Virginia farm winery, with on- and off-premises sales privileges combined into the brewery license.

If desired, both levels of brewery license (limited and unlimited) may be amended to carry the keg off privilege, delivery permit privilege or a combination of both. See the License Types and Costs listing on the ABC website for pricing details.

Contract Brewing

The General Assembly passed House Bill 359, which amends section 4.1-111 of the Code of Virginia and directs the ABC Board to adopt regulations to: Prescribe the terms and conditions under which a licensed brewery may manufacture beer pursuant to an agreement with a brand owner not under common control with the manufacturing brewery and sell and deliver the beer so manufactured to the brand owner. The regulations shall require that (i) the brand owner be an entity appropriately licensed as a brewery or beer wholesaler, (ii) a written agreement be entered into by the parties, and (iii) records as deemed appropriate by the Board are maintained by the parties.

This amendment to the Code of Virginia does not authorize breweries to produce beer under agreements (contracts) for other brand owners but merely directs that the Board adopt regulations to permit such production. The process of promulgating the regulation has been initiated. Until such time as the prescribed regulations are adopted by the Board, contract brewing is not permitted.

Questions on these brewery topics should be directed to your local ABC Compliance Agent.

2012 New License Type

Annual Mixed Beverage Motor Sports Facility License

Identical House Bill 555 and Senate Bill 521 created a new “annual mixed beverage motor sports facility” license. The license will authorize the selling of mixed beverages throughout the facilities of Virginia’s two NASCAR tracks located in Richmond and Martinsville. Prior to July 1, 2012, the tracks could only obtain mixed beverage licenses for use within restaurants.

To apply for this license, please complete the Retail License Application linked from the Forms and Reports page under New Applicant Forms. Questions on this license type should be directed to your local ABC Compliance Agent.

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