September 9, 2026

Virginia Alcoholic Beverage Control Authority

7450 Freight Way

Mechanicsville, VA  23116

Re: Comment in Support of Draft Circular Letter 26-01

On behalf of the Beer Institute, the nation’s oldest trade association representing the interests of brewers, beer importers, suppliers, and the more than 69,000 employees who have found a career in the $13.1 billion Virginia beer industry, I write in support of the draft circular and urge the Virginia ABC to adopt it as written. We specifically urge the Authority to retain its holding that merely providing a patron with physical or virtual menus, or permission to have food delivered to the location, does not satisfy the food requirement.

SB 424 increased the daily spirits allowance and conditioned that increase on the availability of food.

SB 424 increased the amount of spirits a distiller licensee may give or sell to any person per day from three ounces to six ounces. The same bill requires those licensees to have food reasonably available at all times when spirits are served, and states that in no event shall spirits be served by such an agent when food is not reasonably available.

Six ounces of spirits is a substantial amount of alcohol.

The draft circular states that the consumption of up to six full ounces of spirits is substantial. We agree, and the comparison to other alcoholic beverages makes the point concrete. Six ounces of spirits equals four standard drinks. The daily allowances for beer and wine each equal one standard drink:

Six ounces may be served to a patron as 12 half-ounce tasting samples or as four mixed beverages, each containing a full 1.5-ounce pour. A distillery patron may now lawfully consume four standard drinks in a single visit. The food requirement is the safeguard that the General Assembly attached to that allowance, and it should not be read narrowly.

The Beer Institute supports the proposed food requirement.

The legislation already provides relief to distilleries by allowing food to be provided by the distillery, a food truck, or the patron. That is far more lenient than what a mixed beverage restaurant must do: provide meals. The proposed circular preserves each of those options and asks licensees for nothing more than the General Assembly already asked.

Virginia ABC should not weaken the proposed circular by allowing a distillery to meet the food availability requirements through physical or virtual menus or by permitting food delivery to the location. Clear, enforceable guidance serves licensees, who deserve to know what the law asks of them, and it also supports the public safety goals the General Assembly sought when it conditioned a larger daily pour on the availability of food.

Thank you for the opportunity to comment.

Sincerely,

Brian Crawford

President & CEO