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1996 SESSION
961693432Be it enacted by the General Assembly of Virginia:
1. That § 4.1-210 of the Code of Virginia is amended and reenacted as follows:
§ 4.1-210. Mixed beverages licenses.
A. Subject to the provisions of § 4.1-124, the Board may grant the following licenses relating to mixed beverages:
1. Mixed beverage restaurant licenses, which shall authorize the licensee to
sell and serve mixed beverages for consumption in dining areas and other
designated areas on the premises of such restaurant. Such license may be
granted only to persons (i) who operate a restaurant and (ii) whose gross
receipts from the sale of food cooked or prepared, and consumed on the premises
and nonalcoholic beverages served on the premises, after issuance of such
license, amount to at least forty-five thirty-five
percent of the gross receipts from the sale of mixed beverages and food.
If the restaurant is located on the premises of a hotel or motel with not less than four permanent bedrooms where food and beverage service is customarily provided by the restaurant in designated areas, bedrooms and other private rooms of such hotel or motel, such licensee may (i) sell and serve mixed beverages for consumption in such designated areas, bedrooms and other private rooms and (ii) sell spirits packaged in original closed containers purchased from the Board for on-premises consumption to registered guests and at scheduled functions of such hotel or motel only in such bedrooms or private rooms. However, with regard to a hotel classified as a resort complex, the Board may authorize the sale and on-premises consumption of alcoholic beverages in all areas within the resort complex deemed appropriate by the Board. Nothing herein shall prohibit any person from keeping and consuming his own lawfully acquired spirits in bedrooms or private rooms.
If the restaurant is located on the premises of and operated by a private,
nonprofit or profit club exclusively for its members and their guests, or
members of another private, nonprofit or profit club in another city with which
it has an agreement for reciprocal dining privileges, such license shall also
authorize the licensees to sell and serve mixed beverages for on-premises
consumption. Where such club prepares no food in its restaurant but purchases
its food requirements from a restaurant licensed by the Board and located on
another portion of the premises of the same hotel or motel building, this fact
shall not prohibit the granting of a license by the Board to such club
qualifying in all other respects. The club's gross receipts from the sale of
nonalcoholic beverages consumed on the premises and food resold to its members
and guests and consumed on the premises shall amount to at least
forty-five thirty-five percent of its gross receipts from
the sale of mixed beverages and food. The food sales made by a restaurant to
such a club shall be excluded in any consideration of the qualifications of
such restaurant for a license from the Board.
2. Mixed beverage caterer's licenses, which may be granted only to a person
regularly engaged in the business of providing food and beverages to others for
service at private gatherings or at special events, which shall authorize the
licensee to sell and serve alcoholic beverages for on-premises consumption.
The annual gross receipts from the sale of food cooked and prepared for service
and nonalcoholic beverages served at gatherings and events referred to in this
subdivision shall amount to at least forty-five thirty-five
percent of the gross receipts from the sale of mixed beverages and food.
3. Mixed beverage special events licenses, to a duly organized nonprofit corporation or association in charge of a special event, which shall authorize the licensee to sell and serve mixed beverages for on-premises consumption in areas approved by the Board on the premises of the place designated in the license. A separate license shall be required for each day of each special event.
4. Annual mixed beverage special events licenses to (i) a duly organized nonprofit corporation or association operating a performing arts facility or (ii) a nonprofit corporation or association chartered by Congress for the preservation of sites, buildings and objects significant in American history and culture. The operation in either case shall be upon premises owned by such licensee or occupied under a bona fide lease the original term of which was for more than one year's duration. Such license shall authorize the sale, on the dates of performances or events in furtherance of the purposes of the nonprofit corporation or association, of alcoholic beverages, for on-premises consumption in areas upon the licensed premises approved by the Board.
5. Mixed beverage carrier licenses to persons operating a common carrier of passengers by train, boat or airplane, which shall authorize the licensee to sell and serve mixed beverages anywhere in the Commonwealth to passengers while in transit aboard any such common carrier, and in designated rooms of establishments of air carriers at airports in the Commonwealth.
B. The granting of any license under subdivisions 1 and 5 shall automatically include a license to sell and serve wine and beer for on-premises consumption. The licensee shall pay the state and local taxes required by §§ 4.1-231 and 4.1-233.