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2007 SESSION
071167732Be 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 not require that a special exception or
special use permit be obtained for the processing of wine by licensed farm
wineries It is the policy of the Commonwealth to preserve the economic
vitality of the Virginia wine industry while maintaining appropriate land use
authority to protect the health, safety, and welfare of the citizens of the
Commonwealth, and to permit the reasonable expectation of uses in specific
zoning categories. Local restriction upon such activities and events of farm
wineries licensed in accordance with Title 4.1 to market and sell their products
shall be reasonable and shall take into account the economic impact on the farm
winery of such restriction and whether such activities and events are usual and
customary for farm wineries throughout the Commonwealth. Usual and customary
activities and events at farm wineries shall be permitted without local
regulation unless there is a substantial impact on the health, safety, or
welfare of the public. No local ordinance regulating noise, other than outdoor
amplified music, arising from activities and events at farm wineries shall be
more restrictive than that in the general noise ordinance. In authorizing
outdoor amplified music at a farm winery, the locality shall consider the
effect on adjacent property owners and nearby residents.
B. (Expires July 1, 2007) No locality may adopt any
requirements for special exceptions or special use permits relating to licensed
farm wineries 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 treat private personal gatherings held by
the owner of a licensed farm winery who resides at the farm winery or on
property adjacent thereto that is owned or controlled by such owner at which
gatherings wine is not sold or marketed and for which no consideration is
received by the farm winery or its agents differently from private personal
gatherings by other citizens.
C. (Expires July 1, 2007) No locality may, as
related to farm wineries, 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, (ii) 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 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
shall regulate any of the following activities of a farm winery licensed in
accordance with subdivision 5 of § 4.1-207:
1. The production and harvesting of fruit and other agricultural products and the manufacturing of wine;
2. The on-premises sale, tasting, or consumption of wine during regular business hours within the normal course of business of the licensed farm winery;
3. The direct sale and shipment of wine by common carrier to consumers in accordance with Title 4.1 and regulations of the Alcoholic Beverage Control Board;
4. The sale and shipment of wine to the Alcoholic Beverage Control Board, licensed wholesalers, and out-of-state purchasers in accordance with Title 4.1, regulations of the Alcoholic Beverage Control Board, and federal law;
5. The storage, warehousing, and wholesaling of wine in accordance with Title 4.1, regulations of the Alcoholic Beverage Control Board, and federal law; or
6. The sale of wine-related items that are incidental to the sale of wine.
2. That the Secretary of Agriculture and Forestry shall continue his examination of the economic viability of the farm winery industry in Virginia. In so doing, the Secretary shall annually through 2008 (i) conduct a public hearing in the City of Richmond no later than November 1 to gather information from farm wineries and localities regarding issues raised by the provisions of this act and (ii) report such findings to the Governor and the General Assembly no later than December 1 of each year.