Updates and New ABC Licenses/Permits Effective July 1, 2007
Updates
New Retail Application
ABC has updated its Retail License Application. The updates include: integrated document checklists for required documents, updated instructions and information for the new license types effective July 1, 2007. The new application is available on the Forms and Reports page under New Applicant Forms.
Amended Tasting Regulations
The Code of Virginia § 4.1-201.1.6 has been amended to clarify that the $100 limitation on the purchase of alcoholic beverages by a manufacturer from a retail licensee for a tasting conducted by the manufacturer, wholesaler, or authorized representative does not include taxes or gratuities. The amount of the gratuity is capped at 20 percent of the cost of the alcoholic beverages, including the tax.
Circular Letter 07-03 (PDF download file size 34 KB) has been issued to the affected licensees and permittees.
Updated Solicitor Tasting Application
An updated version of the Solicitor Tasting Application is available on the Forms and Reports page under New Applicant Forms. The new version includes the updated tasting regulation mentioned above as well as an addendum that may be completed to satisfy the statutory requirements for the permit in the event that any related contracts do not.
New License and Permit Types
Internet Wine Retailer
The Internet Wine Retailer License will allow persons who own an establishment with adequate inventory, shelving, and storage facilities, and which is not a retail store open to the public, to take orders for wine via Internet or telephone, and ship the wine directly to consumers. The license fee is $150 per year.
To apply for this license please complete the Retail License Application located on the Forms and Reports page under New Applicant Forms. Questions on this license type should be directed to your ABC Compliance Agent.
Restricted Wholesale Wine License
The Restricted Wholesale Wine License was created for a non-profit non-stock corporation to be formed by the Commissioner of the Department of Agriculture and Consumer Services. This corporation will have the ability to distribute up to 3,000 cases of wine per year, per winery or farm winery client. The license fee is $185 per year per client. Wineries interested in this privilege will apply to the Department of Agriculture's non-profit non-stock corporation to be added as a client.
More information will be provided as it becomes available.
Delivery Permit
Off-premises wine and beer retailers, as well as breweries, wineries, and farm wineries that originally lost their delivery privileges as a result of the 2005 4th U.S. Circuit Court of Appeals decision in Brooks v. Vassar, may apply for the Delivery Permit, which will allow them to deliver up to four cases of wine or beer per delivery to consumers. For in-state licensees, there will be no additional cost to add this permit. For out-of-state licensees, the license fee is $120 per year.
In-state licensees or applicants (as indicated above) interested in adding this to their current license must complete the Application for In-State Delivery Permit located on the Forms and Reports page under New Applicant Forms.
Out-of -state licensees must use the Retail License Application located on the Forms and Reports page under New Applicant Forms.
Circular Letter 07-04 Updated 7-13-2007 (PDF download file size 23 KB) has been issued to affected Compliance & Industry licensees.
Circular Letter 07-05 Updated 7-13-2007 (PDF download file size 24 KB) has been issued to affected Retail licensees.
Mixed Beverage Limited Caterer
Catering owners who regularly provide food and beverages to others for service at private gatherings or at special events can now apply for the Mixed Beverage Limited Caterer's License. The new license, which is attractive for the smaller catering business owner, allows the owner (licensee) to sell and serve alcoholic beverages for on-premise consumption for up to 12 events per year. The license fee is $500 per year.
To apply for this license please complete the Retail License Application located on the Forms and Reports page under New Applicant Forms. Questions on this license type should be directed to your local ABC regional office.
Limited Mixed Beverage Restaurant
Restaurant owners wanting to serve liqueurs with coffee, or other nonalcoholic beverages, may apply for the Limited Mixed Beverage Restaurant License. The new license allows the licensee to sell and serve no more than six varieties of liqueurs that can only be combined with coffee or other nonalcoholic beverages for consumption in dining areas of the restaurant. The license fee ranges from $460 to $1,330 per year based upon seating capacity in the establishment.
To apply for this license please complete the Retail License Application located on the Forms and Reports page under New Applicant Forms. Questions on this license type should be directed to your local ABC regional office.
Meal-Assembly Kitchen
Intended for meal-assembly franchises, the Meal-Assembly Kitchen License will allow licensee owners who offer customers ingredients for the preparation of meals in professional kitchen facilities to provide a limited amount of beer or wine to customers. Specifically, the licensees will have the ability to serve no more than two five-ounce glasses of wine or two 12-ounce glasses of beer per customer at special events or private gatherings at the establishment. The license fee is $100 per year.
To apply for this license please complete the Retail License Application located on the Forms and Reports page under New Applicant Forms. Questions on this license type should be directed to your local ABC regional office.