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2007 SESSION
071137204Be it enacted by the General Assembly of Virginia:
1. That § 15.2-2288.3 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-2288.3. Licensed farm wineries; local regulation of certain activities.
A. Localities may shall not
require that a special exception or special use permit be obtained for the
processing, production, harvesting of fruit
and other agricultural products, manufacturing
and production of wine by licensed farm wineries.
B. (Expires July 1, 2007) No locality may shall
regulate, adopt any requirements for special exceptions or special
use permits, or enforce any restrictions or conditions
relating to on-premises
sale, tasting, and consumption of wine
during regular business hours at licensed farm wineries beyond that set forth in Title 4.1 that would be more
restrictive than its requirements in effect as of January 1, 2006. Further, any
special exception or special use permit in effect as of January 1, 2006, shall
remain in effect until July 1, 2007, unless such exception or permit is either
no longer required by the locality or is amended to be less restrictive.
C. (Expires July 1, 2007) No locality may shall,
as related to farm wineries, regulate, adopt any requirements for
special exceptions or special use permits, or
enforce any existing restrictions or conditions
that (i) prohibit music or the amplification of music,
except as necessary to prevent such music from being audible beyond the farm
winery property or property adjacent thereto owned or controlled by the owners
of the farm winery, unless consent is obtained from all affected adjacent
property owners prohibit noise from being
audible beyond the farm winery property; (ii) establish
any restrictions or conditions, beyond restrictions or conditions placed upon
private personal gatherings by nonfarm winery citizens, that regulate
private personal parties held by the owners of the farm winery who reside at
the farm winery or on property adjacent thereto owned or controlled by the
owners of the farm winery at which event wine is not sold or marketed
and for which no monetary consideration is received by
the farm winery or its agents; or (iii)
are more restrictive as to the construction or expansion of farm winery
facilities, as long as such facilities are for farm wine production or
processing, as compared to other agricultural facilities in agricultural
districts; (iv) limit indoor wine
tasting luncheons, dinners, and events that are incidental and customary to a
farm winery, where the purpose is to promote, market, sell, or educate guests
about wine; (v) limit the direct
sale and shipment of wine by common carrier
to consumers; or (vi) limit the sale
of wine-related and accessory
items customary and incidental to the sale of wine, beyond the restrictions or
conditions placed upon other retailers.
D. A locality may, as related to farm wineries, regulate, adopt any requirements for special exceptions or special use permits, or enforce any restrictions or conditions upon outdoor events at a farm winery where such outdoor event exceeds 10 persons per acre of fresh fruit or agricultural products grown on such farm winery property or property adjacent thereto owned or leased by the owner of the farm winery that are used by the owner to manufacture the wine sold by such farm winery. However, these restrictions may not be more restrictive than similar activities in an agricultural district.
E. If a court of competent jurisdiction holds that a locality has violated the rights of a farm winery set forth in this section, such court may award reasonable attorney fees to the complainant.