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Virginia To Legalize Sangria?


Beto

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I wonder if the law differentiates between fortified wine, still wine, or sparkling wine. If it does not that would make the following illegal in Virginia:

Martini (vermouth is a fortified wine)

Manhattan

Martinez

French 75

Bellini (if it has schnapps in it)

Mimosa (if it also has a wee bit of orange liquor)

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I wonder if the law differentiates between fortified wine, still wine, or sparkling wine.

No, it does not.

A licensee cannot (i) sell beer to which wine, spirits or alcohol has been added or (ii) sell wine to which spirits or alcohol, or both, have been added, otherwise than as required in the manufacture thereof under Board regulations.

"Alcohol" means the product known as ethyl or grain alcohol obtained by distillation of any fermented liquor, rectified either once or more often, whatever the origin, and shall include synthetic ethyl alcohol, but shall not include methyl alcohol and alcohol completely denatured in accordance with formulas approved by the government of the United States.

"Beer" means any alcoholic beverage obtained by the fermentation of an infusion or decoction of barley, malt, and hops or of any similar products in drinkable water and containing one-half of one percent or more of alcohol by volume.

"Spirits" means any beverage which contains alcohol obtained by distillation mixed with drinkable water and other substances, in solution, and includes, among other things, brandy, rum, whiskey, and gin, or any one or more of the last four named ingredients; but shall not include any such liquors completely denatured in accordance with formulas approved by the United States government.

"Wine" means any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing (i) sugar, including honey and milk, either with or without additional sugar; (ii) one-half of one percent or more of alcohol by volume; and (iii) no product of distillation. The term includes any wine to which wine spirits have been added, as provided in the Internal Revenue Code, to make products commonly known as "fortified wine" which do not exceed an alcohol content of 21 percent by volume.

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an unconstitutional bill of cocktail-nder?
friggin hilarious.
According to this article, Sangria is now legal in Virginia. A law was signed by the governor in April to legalize it. However, the law only addresses Sangria, and not other drinks that mix wine or beer with other spirits.
My reading of the text and the accompanying procedural history is that the amendments to the code don't take effect until July 1.

It also looks like they may have legalized beer pops as well.

§ 4.1-324. Illegal sale or keeping of alcoholic beverages by licensees; penalty.

A. No licensee or any agent or employee of such licensee shall:

...

2. Sell beer to which wine, spirits or alcohol has been added, except that a mixed beverage licensee may combine wine or spirits, or both, with beer pursuant to a patron’s order;

...

12. Keep any alcoholic beverage other than in the bottle or container in which it was purchased by him except: (i) for a frozen alcoholic beverage;

And, I'm not sure the amendments to the code to allow sangria don't also allow other mixed beer or wine with spirits drinks so long as it is prepared "pursuant to a patron's order"
§ 4.1-324. Illegal sale or keeping of alcoholic beverages by licensees; penalty.

A. No licensee or any agent or employee of such licensee shall:

...

3. Sell wine to which spirits or alcohol, or both, have been added, otherwise than as required in the manufacture thereof under Board regulations, except that a mixed beverage licensee may (i) make sangria that contains brandy, triple sec, or other similar spirits and (ii) combine beer or spirits, or both, with wine pursuant to a patron’s order;

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I so just don't understand why they add to the laws, rather than just get rid of the offending law.

It's probably just lawmaker nature. I guess I should realize that given that I specialized in Virginia government and politics in college...

It just does still amaze me.

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From the end of Prohibition until 1968, the illustrious Commonwealth of Virginia did not allow the sale of any drink at all that contained spirits. And even then, liquor-by-the-drink became a local option, as it still is, I believe. I think there are some counties even now where you can't get a cocktail in a restaurant. So they're making very gradual progress over there, I guess.

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