Tuesday, April 7, 2009

Legal Issues for Music Venues in VA

Artists and venues alike in Virginia are constantly dealing with socio-political clashes which set huge barriers to the industry growth. Musical censorship is one of Virginia’s most established traditions. Local bars find it extremely difficult to establish themselves as “music venues,” because they have to constantly deal with an outdated bureaucracy.

Posting this to gather details on the specific legal issues facing venues in VA. It seems strange that the state wouldn't support this. It's healthy industry- it's service-oriented, it doesn't pollute the air, and it's a potential cash-cow. To develop this would increase tourism, which is more healthy industry...


Share the legal barriers you know of that VA venues run into- cite the laws if you know them. Trying to find out more on this.

Thanks!


-Jess

MINIFAD: Legal Issues for Music Venues in VATweet this!

2 comments:

  1. VA ABC Code 4.1-210. Mixed beverages licenses.
    A. Subject to the provisions of 4.1-124, the Board may grant the following licenses relating to mixed beverages:
    1. Mixed beverage restaurant licenses, which shall authorize the licensee to sell and serve mixed beverages for consumption in dining areas and other designated areas of such restaurant. Such license may be granted only to persons (i) who operate a restaurant and (ii) whose gross receipts from the sale of food cooked or prepared, and consumed on the premises and nonalcoholic beverages served on the premises, after issuance of such license, amount to at least 45 percent of the gross receipts from the sale of mixed beverages and food. For the purposes of this paragraph, other designated areas shall include outdoor dining areas, whether or not contiguous to the licensed premises, which outdoor dining areas may have more than one means of ingress and egress to an adjacent public thoroughfare, provided such areas are under the control of the licensee and approved by the Board.
    If the restaurant is located on the premises of a hotel or motel with not less than four permanent bedrooms where food and beverage service is customarily provided by the restaurant in designated areas, bedrooms and other private rooms of such hotel or motel, such licensee may (i) sell and serve mixed beverages for consumption in such designated areas, bedrooms and other private rooms and (ii) sell spirits packaged in original closed containers purchased from the Board for on-premises consumption to registered guests and at scheduled functions of such hotel or motel only in such bedrooms or private rooms. However, with regard to a hotel classified as a resort complex, the Board may authorize the sale and on-premises consumption of alcoholic beverages in all areas within the resort complex deemed appropriate by the Board. Nothing herein shall prohibit any person from keeping and consuming his own lawfully acquired spirits in bedrooms or private rooms.
    If the restaurant is located on the premises of and operated by a private, nonprofit or profit club exclusively for its members and their guests, or members of another private, nonprofit or profit club in another city with which it has an agreement for reciprocal dining privileges, such license shall also authorize the licensees to sell and serve mixed beverages for on-premises consumption. Where such club prepares no food in its restaurant but purchases its food requirements from a restaurant licensed by the Board and located on another portion of the premises of the same hotel or motel building, this fact shall not prohibit the granting of a license by the Board to such club qualifying in all other respects. The club's gross receipts from the sale of nonalcoholic beverages consumed on the premises and food resold to its members and guests and consumed on the premises shall amount to at least 45 percent of its gross receipts from the sale of mixed beverages and food. The food sales made by a restaurant to such a club shall be excluded in any consideration of the qualifications of such restaurant for a license from the Board.

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