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

3VAC5-50-190. Bed and breakfast licenses; restrictions and conditions.

A. Pursuant to § 4.1-206.3 A 9 of the Code of Virginia, the board may grant a bed and breakfast license to any person who operates an establishment consisting of:

1. No more than 15 bedrooms available for rent;

2. Offering to the public, for compensation, transitory lodging or sleeping accommodations; and

3. Offering at least one meal per day, which may but need not be breakfast, to each person to whom overnight lodging is provided.

B. In addition to other applicable statutes and regulations of the board, the following restrictions and conditions apply to persons licensed as bed and breakfast establishments:

1. Alcoholic beverages served under the privileges conferred by the license must be purchased from a government store, wine or beer wholesaler or farm winery;

2. Alcoholic beverages may be served for on-premises consumption to persons who are registered, overnight guests and are of legal age to consume alcoholic beverages;

3. Lodging, meals and service of alcoholic beverages shall be provided at one general price and no additional charges, premiums or surcharges shall be exacted for the service of alcoholic beverages;

4. Alcoholic beverages may be served in dining areas, private guest rooms and other designated areas, including outside terraces or patios;

5. The bed and breakfast establishment upon request or order of lodgers making overnight reservations, may purchase and have available for the lodger upon arrival, any alcoholic beverages so ordered, provided that no premium or surcharge above the purchase price of the alcoholic beverages may be exacted from the consumer for this accommodation purchase;

6. Alcoholic beverages purchased under the license may not be commingled or stored with the private stock of alcoholic beverages belonging to owners of the bed and breakfast establishment; and

7. The bed and breakfast establishment shall maintain complete and accurate records of the purchases of alcoholic beverages and provide sufficient evidence that at least one meal per day is offered to persons to whom overnight lodging is provided.

Statutory Authority

§ 4.1-111 of the Code of Virginia.

Historical Notes

Derived from VR125-01-5 § 19, 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 38, Issue 1, eff. January 1, 2022.

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