CHAPTER 210

An Act to amend and reenact § 4-25, as amended, of the Code of Virginia,
relating to licenses issued by the Virginia Alcoholic Beverage Control

Board.
[H 363]
Approved March 7, 1964

Be it enacted by the General Assembly of Virginia:

1. That § 425, as amended, of the Code of Virginia, be amended and
reenacted as follows: ;

§ 4-25. The Board may grant, subject to revocation, as provided in
§ 4-37, the following licenses under the provisions of this chapter:

(a) Distillers’ licenses, which shall authorize the licensees to manu-
facture alcoholic beverages other than wine and beer, and to sell and
deliver or ship the same, in accordance with regulations of the Board, in
barrels, bottles or other closed containers, to the Board, and 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 the same.

(al) Fruit distillers’ license, which shall authorize the licensees to
manufacture any alcoholic beverages made from fruit or fruit juices, and
to sell and deliver or ship the same, in accordance with regulations of the
Board, in barrels, bottles or other closed containers, to the Board, and 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 the same.

(b) Winery licenses, which shall authorize the licensees to manufac-
ture wines and to sell and deliver or ship the same, in accordance wi
regulations of the Board, in barrels, bottles or other closed containers, to
the Board, and 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 the same,
and shall in addition authorize the licensee to 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.

(c) Brewery licenses, which shall authorize the licensees to manufac-
ture beer and to sell and deliver or ship the * beer so manufactured, in
accordance with regulations of the Board, in barrels, bottles or other
closed containers, to persons licensed under the provisions of this chapter
to sell the * beer so manufactured at wholesale or retail for the purpose of
resale, and to owners of boats registered under the laws of the United
States sailing for ports of call of a foreign country or another state, and 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 the same; and except
further that beer reconstituted from beer concentrate, other than recon-
stituted beer originally manufactured, concentrated and reconstituted at
the same plant located in this State, may not be sold by any licensees
under this subsection to persons licensed under the provisions of this chap-
ter to sell beer at retail for purposes of resale.

(d) Bottlers’ licenses, which shall authorize the licensees to acquire
and receive deliveries and shipments of beer in barrels or other closed
containers and to bottle, sell and deliver or ship the same, in accordance
with regulations of the Board, to persons licensed under the provisions of
this chapter to sell the same at wholesale * for the purpose of resale and
to owners of boats registered under the laws of the United States sailing
for ports of call of a foreign country or another state, and to persons out-
side 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 the same.

(e) Wholesale beer licenses, which shall authorize the licensees to
acquire and receive deliveries and shipments of beer and to sell and deliver
or ship the same, in accordance with regulations of the Board, in barrels,
bottles or other closed containers, to persons licensed under the provisions
of this chapter to sell the same at wholesale or retail for the purpose of
resale, and to owners of boats registered under the laws of the United
States sailing for ports of call of a foreign country or another state, and
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 the same.

(f) Wholesale druggist licenses to wholesale druggists, which licenses
shall authorize the licensees to buy alcohol from the Board and to sell and
deliver or ship the same in accordance with regulations of the Board and
under its supervision, to druggists for the purpose of compounding and
resale, and to persons duly authorized to operate pharmacies outside of
Virginia for the purpose of compounding and resale outside of Virginia,
except that no deliveries or shipment shall be made into any state the
laws of which prohibit the consignee from receiving or selling the same.

(g) Wholesale wine distributors’ licenses, which shall authorize the
licensees to acquire and receive deliveries and shipments of wine from the
Board, and to sell and deliver or ship the same in accordance with regu-
lations of the Board in barrels, bottles or other closed containers, to
persons licensed to sell the same in Virginia, and to persons outside of
Virginia for resale outside of Virginia, except that no deliveries or ship-
ments shall be made into any state the laws of which prohibit the con-
signee from selling or receiving the same.

(h) Retail on-premises wine and beer licenses to:

(1) Hotels, which licenses shall authorize the licensees to sell wine
and beer in dining rooms and other designated rooms thereof, either with
or without meals, for consumption on the premises only in such rooms or
in private guest rooms thereof;

_ (2) Restaurants, which licenses shall authorize the licensees to sell
wine and beer in the dining rooms thereof, either with or without meals,
for consumption on the premises only in such dining rooms;

(3) Clubs, which licenses shall authorize the licensees to sell wine
and beer in the dining rooms and other designated rooms thereof, either
with or without meals, for consumption on the premises only in such rooms
or in private guest rooms thereof;

_ (4) Persons operating boats, dining cars, buffet cars and club cars,
which licenses shall authorize the licensees to sell on the boats, dining cars,
buffet cars and club cars so operated by them wine and beer in the dining
rooms and other designated rooms of the boat and in the dining cars,
buffet cars and club cars of trains, either with or without meals, for
consumption on the premises only in such rooms, or in such cars when
carrying passengers.

(i) Retail on-premises beer licenses to:

(1) Hotels, which licenses shall authorize the licensees to sell beer
in the dining rooms and other designated rooms thereof, either with or
without meals, for consumption on the premises only in such rooms or in
private guest rooms thereof;

(2) Restaurants, which licenses shall authorize the licensees to sell
beer in dining rooms thereof, either with or without meals, for consumption
on the premises only in such dining rooms;

(3) Clubs, which licenses shall authorize the licensees to sell beer in
the dining rooms and other designated rooms thereof, either with or
without meals, for consumption on the premises only in such rooms or in
private guest rooms thereof;

_ (4) Persons operating boats, dining cars, buffet cars and club cars,
which licenses shall authorize the licensees to sell on the boats, dining
cars, buffet cars and club cars so operated by them beer in the dining
rooms and other designated rooms of the boats and in the dining cars,
buffet cars and club cars of trains, either with or without meals, for
consumption on the premises only in such rooms, or in such cars when
carrying passengers ;

5) (a) Grocery stores situate in any town or in a rural area out-
side of the corporate limits of any city or town, which licenses shall
authorize the licensees to sell beer in such establishments for con-
sumption on the premises; provided, however, no such license shall be
issued for any such establishment unless it shall appear affirmatively that
a substantial public demand for such licensed establishment exists, and
that public convenience and the purpose of this chapter will be promoted
by the issuance of such license.

(b) Taverns situate within the corporate limits of any city of the
first class, which licenses shall authorize the licensees to sell beer in such
establishments for consumption on the premises only; provided, however,
no such license shall be issued for any such establishment unless it shall
appear affirmatively that a substantial public demand for such licensed
establishment exists, and that public convenience and the purposes of
this chapter will be promoted by the issuance of such license.

(j) Retail off-premises wine and beer licenses which shall authorize
the licensees to sell wine and beer at retail only in closed packages for
consumption off the premises of such licensees and to deliver or ship the
eae the purchasers thereof, in accordance with regulations of the

oard.

(k) Retail off-premises winery licenses, which shall be issued only
to persons holding winery licenses, which licenses shall authorize the
licensees to sell wine at retail at the place of business designated in the
winery license, in closed packages for consumption off the premises of
such licensees and to deliver or ship the same to the purchasers thereof,
in accordance with regulations of the Board.

(1) Retail off-premises beer licenses which shall authorize the
licensees to sell beer at retail only in closed packages for consumption
off the premises of such licensees and to deliver or ship the same to the
purchasers thereof, in accordance with regulations of the Board.

(m) Retail on-and-off premises wine and beer licenses to persons
enumerated in subsection (h) of this section, which licenses shall confer
all the rights and powers conferred by retail on-premises wine and beer
licenses and in addition thereto shall authorize the licensees to sell wine and
beer at retail in closed packages for consumption off the premises of
such licensees and to deliver or ship the same to the purchasers thereof,
in accordance with regulations of the Board.

(n) Retail on-and-off premises beer licenses to the persons enumer-
ated in subsection (i) of this section, which licenses shall confer all the
rights and powers conferred by retail on-premises beer licenses and in
addition thereto shall authorize the licensees to sell beer at retail in closed
packages for consumption off the premises of such licensees and to deliver
or ship the same to the purchasers thereof in accordance with regulations
of the Board.

(o) Druggists’ licenses to druggists, which licenses shall authorize the
licensees to sell alcoholic beverages upon prescriptions as provided in

4-49.
: (p) Banquet licenses to persons in charge of banquets, which licenses
shall authorize the licensees to sell wine and beer in designated rooms for
consumption on the premises. A separate license shall be required for
each banquet; but no such license shall be required of any hotel, restaurant
or club holding a retail wine and beer license issued under the provisions
of this chapter.

(q) The terms “designated rooms” as used in this section shall mean
rooms approved by the Board for particular licensees.

(r) The Board shall at least weekly certify to the State Tax Com-
missioner a list of all persons licensed hereunder, during the period
covered by such certification.