The Board may grant the following manufacturer licenses:
1. Distiller's licenses, which shall authorize the licensee to manufacture alcoholic beverages other than wine and beer, and to sell and deliver or ship the same, in accordance with Board regulations, in closed containers, to the Board and to persons outside the Commonwealth for resale outside the Commonwealth. When the Board has established a government store on the distiller's licensed premises pursuant to subsection D of § 4.1-119, such license shall also authorize the licensee to make a charge to consumers to participate in an organized tasting event conducted in accordance with subsection G of § 4.1-119 and Board regulations.
2. Limited distiller's licenses, to distilleries that (i) are located on a farm in the Commonwealth on land zoned agricultural and owned or leased by such distillery or its owner and (ii) use agricultural products that are grown on the farm in the manufacture of their alcoholic beverages. Limited distiller's licensees shall be treated as distillers for all purposes of this subtitle except as otherwise provided in this subdivision. For purposes of this subdivision, "land zoned agricultural" means (a) land zoned as an agricultural district or classification or (b) land otherwise permitted by a locality for limited distillery use. For purposes of this subdivision, "land zoned agricultural" does not include land zoned "residential conservation." Except for the limitation on land zoned "residential conservation," nothing in this definition shall otherwise limit or affect local zoning authority.
3. Brewery licenses, which shall authorize the licensee to manufacture beer and to sell and deliver or ship the beer so manufactured, in accordance with Board regulations, in closed containers to (i) persons licensed to sell the beer at wholesale and (ii) persons outside the Commonwealth for resale outside the Commonwealth. Such license shall also authorize the licensee to sell at retail at premises described in the brewery license (a) the brands of beer that the brewery owns for on-premises consumption, provided that not less than 20 percent of the volume of beer sold for on-premises consumption in any calendar year is manufactured on the licensed premises, and (b) beer in closed containers, which shall include growlers and other reusable containers, for off-premises consumption.
4. Limited brewery licenses, to breweries that manufacture no more than 15,000 barrels of beer per calendar year, provided that (i) the brewery is located on a farm in the Commonwealth on land zoned agricultural and owned or leased by such brewery or its owner and (ii) agricultural products, including barley, other grains, hops, or fruit, used by such brewery in the manufacture of its beer are grown on the farm. The licensed premises shall be limited to the portion of the farm on which agricultural products, including barley, other grains, hops, or fruit, used by such brewery in the manufacture of its beer are grown and that is contiguous to the premises of such brewery where the beer is manufactured, exclusive of any residence and the curtilage thereof. However, the Board may, with notice to the local governing body in accordance with the provisions of § 4.1-230, also approve other portions of the farm to be included as part of the licensed premises. For purposes of this subdivision, "land zoned agricultural" means (a) land zoned as an agricultural district or classification or (b) land otherwise permitted by a locality for limited brewery use. For purposes of this subdivision, "land zoned agricultural" does not include land zoned "residential conservation." Except for the limitation on land zoned "residential conservation," nothing in this definition shall otherwise limit or affect local zoning authority.
Limited brewery licensees shall be treated as breweries for all purposes of this subtitle except as otherwise provided in this subdivision.
5. Winery licenses, which shall authorize the licensee to manufacture wine and to sell and deliver or ship the wine, in accordance with Board regulations, in closed containers, to persons licensed to sell the wine so manufactured at wholesale for the purpose of resale, and to persons outside the Commonwealth for resale outside the Commonwealth. In addition, such license shall authorize the licensee to (i) operate distilling equipment on the premises of the licensee in the manufacture of spirits from fruit or fruit juices only, which shall be used only for the fortification of wine produced by the licensee; (ii) operate a contract winemaking facility on the premises of the licensee in accordance with Board regulations; (iii) store wine in bonded warehouses on or off the licensed premises upon permit issued by the Board; and (iv) sell wine at retail at the place of business designated in the winery license for on-premises consumption or in closed containers for off-premises consumption, provided that any brand of wine not owned by the winery licensee is purchased from a wholesale wine licensee and any wine sold for on-premises consumption is manufactured on the licensed premises.
6. Farm winery licenses, which shall authorize the licensee to manufacture wine containing 21 percent or less of alcohol by volume and to sell, deliver, or ship the wine, in accordance with Board regulations, in closed containers, to (i) the Board, (ii) persons licensed to sell the wine so manufactured at wholesale for the purpose of resale, or (iii) persons outside the Commonwealth. In addition, the licensee may (a) acquire and receive deliveries and shipments of wine and sell and deliver or ship this wine, in accordance with Board regulations, to the Board, persons licensed to sell wine at wholesale for the purpose of resale, or persons outside the Commonwealth; (b) operate a contract winemaking facility on the premises of the licensee in accordance with Board regulations; and (c) store wine in bonded warehouses located on or off the licensed premises upon permits issued by the Board. For the purposes of this subtitle, a farm winery license shall be designated either as a Class A or Class B farm winery license in accordance with the limitations set forth in § 4.1-219. A farm winery may enter into an agreement in accordance with Board regulations with a winery or farm winery licensee operating a contract winemaking facility.
Such licenses shall also authorize the licensee to sell wine at retail at the places of business designated in the licenses, which may include no more than five additional retail establishments of the licensee. Wine may be sold at these business places for on-premises consumption and in closed containers for off-premises consumption, provided that any brand of wine not owned by the farm winery licensee is purchased from a wholesale wine licensee. In addition, wine may be pre-mixed by the licensee to be served and sold for on-premises or off-premises consumption at these business places.
7. Wine importer's licenses, which shall authorize persons located within or outside the Commonwealth to sell and deliver or ship wine, in accordance with Board regulations, in closed containers, to persons in the Commonwealth licensed to sell such wine at wholesale for the purpose of resale, and to persons outside the Commonwealth for resale outside the Commonwealth.
8. Beer importer's licenses, which shall authorize persons located within or outside the Commonwealth to sell and deliver or ship beer, in accordance with Board regulations, in closed containers, to persons in the Commonwealth licensed to sell such beer at wholesale for the purpose of resale and to persons outside the Commonwealth for resale outside the Commonwealth.
2020, cc. 756, 1008, 1113, 1114; 2021, Sp. Sess. I, cc. 281, 282; 2022, cc. 78, 79.
Structure Code of Virginia
Title 4.1 - Alcoholic Beverage and Cannabis Control
Chapter 2 - Administration of Licenses
§ 4.1-200. Exemptions from licensure
§ 4.1-201. Conduct not prohibited by this subtitle; limitation
§ 4.1-202. To whom privileges conferred by licenses extend; liability for violations of law
§ 4.1-203.1. Managers of licensed retail establishments
§ 4.1-206.1. (Effective until July 1, 2024) Manufacturer licenses
§ 4.1-206.1. (Effective July 1, 2024) Manufacturer licenses
§ 4.1-206.2. Wholesale licenses
§ 4.1-206.3. (Effective until July 1, 2024) Retail licenses
§ 4.1-206.3. (Effective July 1, 2024) Retail licenses
§ 4.1-209. Wine and beer license privileges; advertising; tastings
§ 4.1-209.1. Direct shipment of wine and beer; shipper's license
§ 4.1-212. Permits required in certain instances
§ 4.1-212.1. (Effective until July 1, 2024) Delivery of wine and beer; kegs; regulations of Board
§ 4.1-212.1. (Effective July 1, 2024) Delivery of wine and beer; kegs; regulations of Board
§ 4.1-212.2. Third-party deliveries; limitations; penalties
§ 4.1-213. Manufacture and sale of cider
§ 4.1-214. Limitations on licenses; sale outside the Commonwealth
§ 4.1-215. Limitation on manufacturers, bottlers, and wholesalers; exemptions
§ 4.1-217. Limitation on brewery licenses
§ 4.1-218. Limitation on wine and beer importers
§ 4.1-219. Limitation on Class A and Class B farm wineries
§ 4.1-221. (Effective until July 1, 2024) Limitation on mixed beverage licensees; exceptions
§ 4.1-221. (Effective July 1, 2024) Limitation on mixed beverage licensees; exceptions
§ 4.1-221.1. Limitation of tasting licenses
§ 4.1-222. Conditions under which Board may refuse to grant licenses
§ 4.1-223. Conditions under which Board shall refuse to grant licenses
§ 4.1-224. Notice and hearings for refusal to grant licenses; Administrative Process Act; exceptions
§ 4.1-225. Grounds for which Board may suspend or revoke licenses
§ 4.1-225.1. Summary suspension in emergency circumstances; grounds; notice and hearing
§ 4.1-226. Grounds for which Board shall suspend or revoke licenses
§ 4.1-227. Suspension or revocation of licenses; notice and hearings; imposition of penalties
§ 4.1-228. Suspension or revocation; disposition of beverages on hand; termination
§ 4.1-229. Suspension or revocation of permits; grounds; notice and hearing; exception
§ 4.1-230. Applications for licenses; publication; notice to localities; fees; permits
§ 4.1-231.1. Fees on state licenses
§ 4.1-232. Refund of state license tax
§ 4.1-233.1. Fees on local licenses
§ 4.1-234. Tax on wine and other alcoholic beverages; exceptions
§ 4.1-236. Excise tax on beer and wine coolers; payment of tax; exceptions
§ 4.1-237. Refund and adjustments on excise tax on beer and wine coolers