Current through Register Vol. 41, No. 3, September 23, 2024
A. No mixed beverage restaurant or carrier
licensee shall:
1. Serve as one drink the
entire contents of a container of spirits in its original container for
on-premises consumption except as provided by subsections C, D, and E of this
section.
2. Sell any mixed beverage
to which alcohol has been added.
B. No mixed beverage restaurant licensee
shall:
1. Allow to be kept upon the licensed
premises any container of alcoholic beverages of a type authorized to be
purchased under his license that does not bear the required mixed beverage
stamp imprinted with his license number and purchase report number.
2. Use in the preparation of a mixed beverage
any alcoholic beverage not purchased from the board or a wholesale wine
licensee.
3. Fail to obliterate the
mixed beverage stamp immediately when any container of spirits is
emptied.
4. Allow any patron to
possess more than two drinks of mixed beverages at any one time, except that a
mixed beverage licensee may sell to a patron who may lawfully purchase mixed
beverages a flight of distilled spirits products consisting of samples of not
more than five different spirits products. Each distilled spirits product shall
contain no more than one-half ounce of distilled spirits.
C. If a restaurant for which a mixed beverage
restaurant license has been issued under §
4.1-206.3
of the Code of Virginia is located on the premises of a hotel or motel, whether
the hotel or motel be under the same or different ownership, sales of mixed
beverages, including sales of spirits packaged in original closed containers
purchased from the board, as well as other alcoholic beverages, for consumption
in bedrooms and private rooms of such hotel or motel, may be made by the
licensee subject to the following conditions in addition to other applicable
laws:
1. Spirits sold by the drink as mixed
beverages or in original closed containers must have been purchased under the
mixed beverage restaurant license upon purchase forms provided by the
board;
2. Delivery of sales of
mixed beverages and spirits in original closed containers shall be made only in
the bedroom of the registered guest or to the sponsoring group in the private
room of a scheduled function. This section shall not be construed to prohibit a
licensee catering a scheduled private function from delivering mixed beverage
drinks to guests in attendance at such function;
3. Receipts from the sale of mixed beverages
and spirits sold in original closed containers, as well as other alcoholic
beverages, shall be included in the gross receipts from sales of all such
merchandise made by the licensee; and
4. Complete and accurate records of sales of
mixed beverages and sales of spirits in original closed containers to
registered guests in bedrooms and to sponsors of scheduled private functions in
private rooms shall be kept separate and apart from records of all mixed
beverage sales.
D.
Carrier licensees may serve miniatures not in excess of two fluid ounces or 50
milliliters, in their original containers, for on-premises
consumption.
E. A mixed beverage
restaurant may serve as one drink the entire contents of a container of soju in
its original container for on-premises consumption under the following
conditions:
1. The container may be no larger
than 375 milliliters.
2. Each
container of soju served must be served for consumption by at least two patrons
legally eligible to consume alcoholic beverages.
F. A mixed beverage restaurant licensee may
infuse, store, and sell flavored distilled spirits under the following
circumstances:
1. If infused in the original
spirits container, the mixed beverage stamp must remain affixed to the
bottle.
2. If infused in a
container other than the original spirits container, the substitute container,
which shall not exceed 20 liters in volume, will be labeled with the following
information:
a. Date of infusion;
b. Brand of spirits; and
c. Amount of spirits used.
3. Accurate records must be kept
by the mixed beverage licensee as to the spirits used in any spirits infusion
process.
4. Licensees infusing
distilled spirits shall comply with all applicable state and federal food
safety regulations.
G.
Mixed beverage licensees may premix containers of sangria and other mixed
beverages and serve such alcoholic beverages in pitchers subject to the
following limitations:
1. Pitchers of mixed
beverages may only be sold in containers with a maximum capacity of 32 fluid
ounces or one liter if the container is in metric size containing a spirits
product mixed with nonalcoholic beverages.
2. A pitcher of mixed beverages may only be
served to two or more patrons. A licensee shall not allow any two patrons to
possess more than one pitcher at any one time.
3. Containers of premixed sangria and other
mixed beverages must be labeled as to the type of mixed beverage and the
quantities of the products used to produce the mixed beverage.
H. The board may suspend the
privilege of a mixed beverage licensee to purchase spirits from the board upon
such licensee's failure to submit any records or other documents necessary to
verify the licensee's compliance with applicable minimum food sale requirements
within 30 days of the date such records or documents are due.
Statutory Authority: §
4.1-111
of the Code of Virginia.
