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2013 SESSION
13103058DBe it enacted by the General Assembly of Virginia:
1. That §§ 35.1-25 and 35.1-26 of the Code of Virginia are amended and reenacted as follows:
§ 35.1-25. Exemptions.
The provisions of this title applicable to restaurants shall not apply to:
1. Boardinghouses that do not accommodate transients;
2. Cafeterias operated by industrial plants for employees only;
3. Churches,; fraternal, school, and social organizations,;
and volunteer fire departments and rescue squads which that hold occasional dinners,
bazaars, and other fund raisers of one or two days' duration, at which food (i) prepared in the homes of
members or;
(ii) prepared in the kitchen of the
church, school,
or organization; or (iii)
purchased or donated from a restaurant
licensed pursuant to Chapter 3 (§ 35.1-18 et seq.)
is offered for sale to the public;
4. Grocery stores, including the delicatessen portion which that
is a part of a grocery store selling exclusively for off-premises consumption,
and places manufacturing or selling packaged or canned goods;
5. Churches which that serve meals consisting of
food prepared in the homes of members or in the kitchen of the church or purchased or donated from a restaurant
licensed pursuant to Chapter 3 (§ 35.1-18 et seq.)
for their members or their invited guests; or
6. Convenience stores or gas stations that are subject to the
Department of Agriculture and Consumer Services' Rules
and Regulations Pertaining to the Sanitary and Operating Procedures in Retail
Food Stores
Establishment Regulations or any regulations subsequently
adopted and that (i) have 15 or fewer seats at which food is served to the
public on the premises of the convenience store or gas station and (ii) are not
associated with a national or regional restaurant chain. Notwithstanding this
exemption, such convenience stores or gas stations shall remain responsible for
collecting any applicable local meals tax.
7. Organizations that are exempt from taxation under § 501(c)(3) of the Internal Revenue Code that hold occasional fund-raisers for the duration of the event at which food (i) prepared in the homes of members; (ii) prepared in the kitchen of the organization; or (iii) purchased or donated from a restaurant licensed pursuant to Chapter 3 (§ 35.1-18 et seq.) is offered for sale to the public.
§ 35.1-26. Cities, counties, and towns may by ordinance exempt certain fairs, youth athletic activities and fund-raisers.
The governing body of any county, city, or town may provide by ordinance that this title shall not apply to:
1. Food booths at fairs, if such booths are promoted or sponsored by any political subdivision of the Commonwealth or by any charitable nonprofit organization or group thereof.
2. Concession stands at youth athletic activities, if such stands are promoted or sponsored by either a youth athletic association or by any charitable nonprofit organization or group thereof which has been recognized as being a part of the recreational program of the political subdivision where the association or organization is located by an ordinance or resolution of such political subdivision.
3. Organizations
that are exempt from taxation under § 501(c)(3) of the Internal Revenue Code
that hold occasional fund-raisers for the duration of the event at which food
is prepared by such organization and is offered for sale to the public.
The ordinance shall provide that the health officer of the county, city, or town in which the fair or activity is held, or a qualified person designated by him, shall exercise such supervision of the sale of food as the ordinance may prescribe.