3 Va. Admin. Code § 5-50-100 - Definitions and qualifications for retail off-premises wine and beer licenses

A. Retail off-premises wine and beer licenses as described in § 4.1-206.3 C 1 of the Code of Virginia, excluding gourmet shops, may be issued to persons operating those establishments, provided the total monthly sales and inventory (cost) of the required commodities listed in the definitions are not less than those shown:

Monthly sales......................................................... $2,000

Inventory (cost)....................................................... $2,000

B. "Gourmet shop." An establishment provided with adequate inventory, shelving, and storage facilities where, in consideration of payment, substantial amounts of domestic and imported wines and beers of various types and sizes and related products, such as cheese and gourmet foods, are habitually furnished to persons:

Monthly sales.......................................................... $1,000

Inventory (cost)....................................................... $1,000

C. The Virginia Alcoholic Beverage Control Authority (authority) may grant a license to an establishment not meeting the qualifying figures in subsections A and B of this section, provided it affirmatively appears that there is a substantial public demand for such an establishment and that public convenience will be promoted by the issuance of the license.

D. When determining the eligibility of an establishment for a license, the authority shall give consideration to, but shall not be limited to, the following:

1. The extent to which sales of required commodities are secondary or merely incidental to sales of all products sold in such establishment;

2. The extent to which a variety of edible items of the types normally found in grocery stores are sold; and

3. The extent to which such establishment is constructed, arranged, or illuminated to allow reasonable observation of the age and sobriety of purchasers of alcoholic beverages.

E. Notwithstanding subsections A through D of this section, the authority may issue a temporary license for any of the licenses listed in § 4.1-206.3 C 1 of the Code of Virginia. Such licenses may be issued only after application has been filed in accordance with § 4.1-230 of the Code of Virginia and in cases where the sole objection to issuance of a license is that the establishment will not be qualified in terms of the sale of food or edible items. If a temporary license is issued, the authority shall conduct an audit of the business after a reasonable period of operation not to exceed 180 days. Should the business be qualified, the license applied for may be issued. If the business is not qualified, the application will become the subject of a hearing if the applicant so desires. No further temporary license shall be issued to the applicant or to any other person with respect to that establishment for a period of one year from the expiration and, once the application becomes the subject of a hearing, no temporary license may be issued.

Notes

3 Va. Admin. Code § 5-50-100

Derived from VR125-01-5 §10, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 7, Issue 4, eff. December 19, 1990; Volume 8, Issue 6, eff. January 15, 1992; Volume 9, Issue 6, eff. January 13, 1993; Volume 10, Issue 11, eff. March 23, 1994; Volume 25, Issue 11, eff. March 4, 2009; Amended, Virginia Register Volume 30, Issue 9, eff. January 29, 2014; Amended, Virginia Register Volume 38, Issue 01, eff. 1/1/2022; Amended, Virginia Register Volume 41, Issue 11, eff. 2/12/2025.

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.