Chap. 267.—An ACT to amend Chapter 94 of the Acts of the General Assembly
of 1934, approved March 7, 1934, and known, designated and cited as the
Alcoholic Beverage Control Act, by adding thereto a new section, numbered
Section 18-b, so as, among other things, to provide a definition of cider;
to prescribe who shall be permitted to manufacture the same, and to sell
the same at wholesale and retail in Virginia; and to authorize the board to
make regulations relating to the manufacture, possession, transportation or
sale of cider. [H B 483]

Approved March 26, 1938

1. Be it enacted by the General Assembly of Virginia, That chap-
ter ninety-four of the Acts of the General Assembly of nineteen hun-
dred and thirty-four, approved March seventh, nineteen hundred and
thirty-four, known, designated and cited as the Alcoholic Beverage
Control Act, be amended by adding thereto a new section, numbered
section eighteen-b, which new section shall read as follows:

Section 18-b. Cider defined; who may manufacture cider for
sale; who may sell cider at wholesale; who may sell cider at retail;
board to collect mark-up on all sales of cider; board may make regu-
lations governing all incidents of the manufacture and sale of cider.
(a) “Cider” shall mean any beverage obtained by the fermentation
of the natural sugar contents of apples, either with or without addi-
tional sugar, carbonated or otherwise, and containing not more than
four and one-half per centum (414%4%) of alcohol by volume.

(b) No person shall manufacture cider in this State except a
person holding a winery license issued under the provisions of this act.
Any such person manufacturing cider may sell such cider to the board;
to any person holding a wholesale wine distributor’s license issued
by the board; to any person holding a retail license issued by the board
and approved by the board for the purpose of selling cider; to persons
outside of Virginia for resale outside of Virginia, except that no
deliveries or shipments shall be made into any State the laws of which
prohibit the consignee from receiving or selling same.

(c) Any person holding a wholesale wine distributor’s license
may acquire and receive shipments of cider, and sell and deliver and
ship the same in accordance with regulations of the board, to the
board; to any person holding a wholesale wine distributor’s license
issued by the board; to any person holding a retail license issued by
the board and approved by the board for the purpose of selling cider;
to persons outside of Virginia for resale outside of Virginia, except
that no deliveries or shipments shall be made into any State the laws
of which prohibit the consignee from receiving or selling same.

(d) Any person holding a license to sell alcoholic beverages at
retail, issued by the board, may sell cider in the same manner and
to the same persons, and subject to the same limitations and condi-
tions, as such license authorizes him to sell other alcoholic beverages.

(e) No additional license fees shall be charged for the privilege
of handling cider.

(f) The board shall collect such mark-up as it deems fit on all
cider manufactured and sold, or either, in Virginia.

(g) The board shall from time to time adopt regulations relating
to the manufacture, possession, transportation, and sale of cider, which
in the opinion of the board are deemed necessary to prevent any un-
lawful manufacture, possession, transportation or sale of cider, and
to insure that the board will collect the mark-up required to be paid.

(h) The provisions of this section shall not be construed in any
way to limit the privileges set forth in subsection (b) of section sixty-
one of this act, nor shall any person be denied the privilege of manu-
facturing and selling sweet cider.

2. An emergency existing, this act shall be in force from its
passage. | }