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New VABC laws extend pandemic-related alcohol sales

On Thursday, seven laws affecting the Virginia Alcoholic Beverage Control Authority are set to start.

RICHMOND, Va. — This Thursday, seven laws affecting the Virginia Alcoholic Beverage Control Authority are set to start.

Some of them involve changes put in place during the pandemic.

Cocktails To Go (HB1879 and SB1299)

Restaurants can continue selling to-go cocktails for at least another year. A study into the feasibility of this being a long-term option is being conducted right now, and that may lead to a permanent change.

Virtual Fundraising Events (HB1973)

This bill allows a nonprofit corporation or association conducting virtual fundraising events to exercise the privilege of the license during the virtual fundraising event, including the sale and shipment of wine in closed containers.

Locality Notification for Pending ABC Licenses (HB2131)

This bill requires ABC to notify the local chief administrative officer of a pending ABC license in their locality. The bill also amends certain provisions as to what constitutes “blight” for purposes of local action relative to activities at ABC-licensed establishments.

Special Event Licenses (HB2266 and SB1471)

Both bills authorize ABC, after the adoption of a local ordinance, to increase the frequency and duration of what are currently known as special event licenses. The new legislation renames this license a “designated outdoor refreshment area” license. The legislation will allow localities to work with ABC to create consumption areas in portions of the jurisdiction that are likely to be entertainment or walking districts. ABC licensees in the designated districts will be able to sell alcohol to patrons who can consume the beverages outside the licensed establishment so long as they remain in the designated outdoor area, which could consist of several blocks.

License Reform and Off-Premises Beer/Wine (HB1845)

This bill extends the effective date of Virginia ABC’s major license reform legislation to Jan. 1, 2022. Additionally, the bill allows on-premise wine and beer licensees to sell wine or beer for off-premise consumption and to allow those licensees to deliver wine and beer that the licensee is authorized to sell without a delivery permit.

Sale of Lower Alcohol Beverages in ABC Stores (SB1428)

Beginning Jan. 1, 2022, ABC will cease to sell low alcohol beverages in its retail stores unless they were manufactured by a Virginia distiller. Low alcohol beverages are spirits-based drinks consisting of 7.5% or less alcohol by volume. ABC retail stores will market Virginia-based low alcohol beverages and those products over 7.5% alcohol by volume. Low alcohol beverages are statutorily treated as wine for all purposes and this change is consistent with the treatment of Virginia wines in ABC’s retail stores.

Games of Skill (HB2168 and SB1465)

This bill makes it clear that a local county or city attorney, a commonwealth’s attorney and the attorney general can enforce against unlawful games of skill. Beginning July 1, 2021, games of skill will be unlawful in Virginia.

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