The highlight of many Viginia lawyer’s careers is an argument before the Supreme Court of Virginia. Many ask me, what is it like? Here is the basic procedure for writ panels, which is usually the first step in an appeal to the high court. After a Notice of Appeal and Petition for Appeal have been filed and briefed, the Court assigns a court date without consultation with the attorneys — it presumes that a lawyer…
Food to Liquor Ratios Q: How do I properly calculate my food-to-liquor ratios under Virginia ABC Law? I have a restaurant with both a beer/wine license and a mixed beverage (distilled spirits) license. I know that 45% or more of my sales must be food. I read the code and I still don’t understand it. Can you tell me in plain English how I must calculate my Mixed Beverage Alcohol Ratio? A: The Mixed Beverage…
Here is a List of Likely New ABC Laws in Virginia for 2014 (All the following bills have passed the House & Senate. The Governor must sign them for them to actually become law on July 1, 2014.) SB 596: Alcoholic beverage control; state and local license taxes on certain brewery licensees. Imposes a state license tax of $350 and a local license tax of $250 for breweries that manufacture no more than 500 barrels…
Two businesses (Bar Norfolk and Have a Nice Day Cafe) were operating as restaurant/bars in Hampton Roads, Virginia. They had been operating under a blanket special exception to the zoning ordinance. After some ABC violations, the City later revoked the blanket special exception and required all affected businesses get their own special exceptions, if they could. The bars tried, failed, and then claimed that they had a vested right in the prior zoning. However, the…
If you have ever gotten lost looking for a “bar” in Virginia, don’t worry—there aren’t any. In Virginia, any establishment that serves alcohol is required to serve food as well. In order to sell beer and wine, the restaurant is required to have a full service kitchen. And, in order to sell distilled spirits, the restaurant must ensure that no less than 45% of their gross receipts come from the sale of food. In other…