Updates and New ABC Licenses/Permits Effective July 1, 2008

2008 Updates

Updated Retail Application

ABC has updated its current Retail License Application due to changes from the General Assembly. The major update is a decrease in the price charged to applicants by ABC for a Virginia criminal background check. The new price is $15 effective July 1, 2008. The latest retail application is available on the Forms and Reports page under New Applicant Forms.

Amended Limited Mixed Beverage Restaurant

The Code of Virginia § 4.1-210 (A)(12) has been amended to allow holders of limited mixed beverage restaurant licenses to sell and serve dessert wine in addition to the no more than six varieties of liqueurs currently allowed. Sale of dessert wines and liqueur-based drinks may not exceed 10 percent of the licensee's total annual gross sales. To apply for this license please complete the Retail License Application located on the Forms and Reports page under New Applicant Forms.

Gourmet Shop Amendments

The Code of Virginia § 4.1-209 (A)(3) has 3 amendments.

1. Gourmet shop licensees must yearly maintain an average monthly inventory and sales volume of at least $1000 in cheese and gourmet foods. A prior regulation that gourmet shops have both monthly sales and inventory of not less than $2000 still remains in effect.
2. Gourmet shop licensees are authorized to conduct licensee-sponsored tastings where samples of wine or beer may be given to customers for on-premises consumption in designated areas during events held by the licensee for the purpose of featuring/educating the public about the alcoholic beverages being tasted.
3. With the consent of the gourmet shop licensee, farm wineries, wineries, breweries, and wholesale licensees are allowed to participate in the licensee-sponsored tastings, including the pouring of samples to any person to whom wine or beer may be lawfully sold.

Questions on this license type should be directed to your local ABC regional office or your ABC Compliance Agent.

2008 New License and Permit Types

Canal Boat Operator

The Code of Virginia § 4.1-100 has been amended to define a Canal Boat Operator as any nonprofit organization that operates tourism-oriented canal boats for recreational purposes on waterways declared non-navigable by the United States Congress pursuant to 33 U.S.C. § 59 ii. Pursuant to § 4.1-206 (11), the license will authorize the licensee to permit the consumption of lawfully acquired alcoholic beverages (beer, wine and mixed beverages) on the premises of the licensee by any bona fide customer attending either a private gathering or a special event. The licensee may not sell or otherwise charge a fee to customers for the alcoholic beverages consumed. The privileges of this license are limited to the premises of the licensee, including the canal, the canal boats while in operation, and any adjacent pathways.

To apply for this license please complete the Retail License Application located on the Forms and Reports page under New Applicant Forms. Questions on this license type should be directed to your local ABC regional office.

Amendment of Permits Required in Certain Instances

§ 4.1-212 (A)(11) and (A)(16) of the Code of Virginia have been amended to allow for the transfer of an ABC license upon application by a bona fide purchaser of a licensed premises under certain conditions. More information will be provided as it becomes available. Due to the complexity of the law, questions regarding license transfers should be directed to your local ABC regional office.