Disputes between alcohol manufacturers and local residents are nothing new in Northern Virginia. Loudoun County has especially struggled in finding a balance that suits both the alcohol-related business and private landowner. Virginia Code allows citizens to object to any new alcohol-related license on various grounds. Two of the most common, especially in Northern Virginia, are being "so located with respect to any residence or residential area that the operation of such place under such license will adversely affect real property values or substantially interfere with the usual quietude and tranquility of such residence or residential area" and if "The number of licenses existent in the locality is such that the granting of a license is detrimental to the interest, morals, safety or welfare of the public."
Breweries are especially targets of objectors, largely due to the additional traffic they may bring to local roads, as well as outdoor live music. Many Loudoun County breweries operate as "Limited Breweries", also often referred to as "farm" breweries. Virginia requires farm breweries to be on land zoned agricultural and produce some of the ingredients used to make their beer. That said, the Commonwealth has no minimum standards for just what percentage of ingredients used in beer making must be grown on the property. Loudoun County itself even goes a step further, requiring that a farm brewery not be the "initial use of the subject property..." In other words, it's a farm with a brewery, not a brewery with a farm. These farm breweries have recently come under additional scrutiny from local residents.
Wineries also face objections because they are popular venues for weddings and other large-scale events. Similar to breweries, wineries operate as either "Farm Wineries" or "Commercial Wineries" depending on the source of their grapes, and both are only permitted on land zoned agricultural. There is some speculation as to whether wineries and breweries satisfy building code requirements designed to ensure safety. However, exemptions from building code requirements only apply to "farm buildings and structures", and even so, farm buildings and structures must adhere to certain fire and emergency requirements when inviting members of the public to enter. Further, the County zoning ordinance regulates breweries and wineries in terms of lot size and setbacks to mitigate noise, etc. In short, you can't just squeeze a brewery or winery in anywhere.
When residents object to a new alcohol-related license application, they're given the opportunity to voice their concerns at a hearing. With residents raising issues such as additional traffic, live music, crowd safety, decreasing property values, and "too many breweries (or wineries)," how does the applicant overcome these objections?
1. The applicant should have a rough idea of just how far the
objectors reside from the proposed site. Does the person live on
the adjoining property, or are they actually four miles away? If
the latter, the objection is certainly weakened.
2. Are there geographic features such as hills or woodlots that
provide a sound buffer between the property and the objector's
property? If so, make this clear using maps or aerial photos.
3. If your structure is exempt from building code requirements,
make sure you highlight the fire and safety measures that you do
put into place and whatever other means used to ensure a safe
experience for visitors.
4. Breweries and wineries rarely cause a devaluation of nearby
properties. Use a real estate expert to testify to this.
5. What other uses are allowed by right? Show that a brewery
isn't the least savory business that could set up shop in the
neighborhood!
6. Breweries and wineries must adhere to rigorous standards if they
serve food, which many do. Be able to reference stiff penalties for
failure to adhere to regulations and objectors will take you
seriously – money talks.
Thinking of starting a brewery or winery in Virginia, or need help navigating regulations for an existing operation? Roth Jackson is your one-stop shop, complete with attorneys experienced in both ABC and zoning law. Let us help make your sudsy/oaky dream a reality!
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