Administrative Code

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Virginia Administrative Code
Title 3. Alcoholic Beverage and Cannabis Control
Agency 5. Virginia Alcoholic Beverage Control Authority
Chapter 50. Retail Operations
12/9/2022

3VAC5-50-100. Definitions and qualifications for retail off-premises wine and beer licenses and off-premises beer....

A. Retail off-premises wine and beer licenses may be issued to persons operating the following types of establishments provided the total monthly sales and inventory (cost) of the required commodities listed in the definitions are not less than those shown:

1. "Delicatessen." An establishment which sells a variety of prepared foods or foods requiring little preparation such as cheeses, salads, cooked meats and related condiments:

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

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

2. "Drugstore." An establishment selling medicines prepared by a licensed pharmacist according to prescription and other medicines and articles of home and general use:

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

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

3. "Grocery store." An establishment that sells food and other items intended for human consumption, including a variety of ingredients commonly used in the preparation of meals:

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

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

4. "Convenience grocery store." An establishment that has an enclosed room in a permanent structure where stock is displayed and offered for sale, and maintains an inventory of edible items intended for human consumption, consisting of a variety of such items of the type normally sold in grocery stores:

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

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

In regard to both grocery stores and convenience grocery stores, "edible items" shall mean such items normally used in the preparation of meals, including liquids.

5. "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

B. The board 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.

C. The board in determining the eligibility of an establishment for a license 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.

D. Notwithstanding the above, the board may issue a temporary license for any of the above retail operations. 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 board 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.

Statutory Authority

§ 4.1-111 of the Code of Virginia.

Historical Notes

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; Volume 30, Issue 9, eff. January 29, 2014; Volume 38, Issue 1, eff. January 1, 2022.

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