VA: ABC Explains 7 New Bev-Alc Laws
Six new alcohol laws will go into effect in Virginia starting July 1 — and a seventh on January 1, 2022. The state Alcoholic Beverage Control Authority (ABC) recently explained those laws, from the extension of cocktails to-go sales, to “low-alcohol beverages” sales in ABC stores, with the state of emergency, which was brought on by the COVID-19 pandemic, is set to expire on June 30.
Here’s a look at the changes coming to Virginia this week:
- Cocktails to-go extension: The state has extended sales of cocktails to-go from restaurants for one year. The ABC, along with more than 40 stakeholders, is also conducting a study of the public safety concerns around cocktails to-go.
- License reform and off-premise beer and wine sales: The laws delays the effective date of 2020 alcoholic beverage control license and fee reform until January 2022. During the delay, on-premise beer and wine licensees are allowed to sell beer and wine for off-premise consumption, as well as deliver beer and wine without a delivery permit.
- Low-alcohol beverages in ABC retail stores: Starting in January 2022, ABC-run stores will cease sales of low-alcohol beverages, unless they were manufactured by a Virginia distiller. Low-alcohol beverages are defined as spirits-based drinks up to 7.5% ABV. ABC retail stores will market Virginia-based low-alcohol beverages and products in excess of 7.5% ABV. The ABC said low-alcohol beverages are statutorily treated as wine for all purposes and the change is consistent with Virginia wines in ABC stores.
- Virtual fundraising events: Nonprofits may conduct virtual fundraising events and exercise their license privileges during the event, including the sale and shipment of wine in sealed containers.
- Special event licenses: Following the adoption of a local ordinance, the ABC can increase the frequency and duration of special event licenses, which are renamed “designated outdoor refreshment area” licenses. The law allows localities to work with the ABC to create “consumption areas” in entertainment or walking districts.Those areas will be allowed to sell alcohol to patrons who can consume beverages outside of a licensed establishment as long as they remain in the designated outdoor area, which could be several blocks in size.
- Enforcing unlawful games of skill: Starting July 1, games of skill will be unlawful in Virginia. The law “make it clear that a local county or city attorney, a commonwealth’s attorney and the attorney general can enforce against unlawful games of skill.”
- Locality notification for pending ABC licenses: ABC is required to notify the local chief administrative officer of a pending ABC license in their locality. The law also amends provision as to what constitutes “blight” for purposes of local action relative to activities at ABC-licensed establishments.
PA: Cocktails To-Go Permanence Shelved for the Summer
Attempts to make permanent sales of cocktails to-go from restaurants and bars stalled in the Pennsylvania state Senate last week, the Philadelphia Inquirer reported.
The point of contention with the legislation was attempts by Senate Republicans to expand sales of ready-to-drink, spirits-based canned cocktails beyond state-run stores to distributors and grocery and convenience stores. Language to expand sales was stripped out of the legislation in the House of Representatives last week.
In addition to cocktails to-go, the legislation would allow restaurants with extended outdoor premises to remain through 2022, as well as receive unlimited catering permits.
Chuck Moran, executive director of the Pennsylvania Licensed Beverage and Tavern Association, told the Inquirer that the lack of action was “disappointing, considering the industry is still in recovery mode and that the bill got derailed by an issue (RTDs/liquor privatization) that could have been handled separately. Taverns and restaurants just lost the summer season because of this.”
Pennsylvania Gov. Tom Wolf was a supporter of making to-go sales permanent, but the legislation (H.B. 1154), is now shelved for the summer.
TX: Sunday Beer and Wine Sales to Start at 10 a.m. on September 1
Sales of beer and wine on Sundays will begin two hours earlier beginning on September 1, MySA reported.
Legislation passed in May (H.B. 1518) will allow sales to begin at 10 a.m., as opposed to the current law which prohibits sales before noon. This isn’t new news, as the legislation passed in May.