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Bill to allow brewery employees to perform retail tap-room work dies in subcommittee after testimony from wholesalers and regulators

2118639 · January 14, 2025
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Summary

House Bill 1655, which would have allowed some cross-employment between breweries and retail venues to address staffing shortages, received pro and con testimony but died in subcommittee for lack of a motion.

Delegate Delia Helmer presented House Bill 1655, which would have permitted certain brewery employees to perform work at retail venues (for example, bartending in a tap room or covering shifts) while adding guardrails prohibiting the employee from promoting an employer’s alcohol at the retailer. Helmer said the change aimed to ease workforce shortages in rural Virginia breweries.

Stacy Gordon of the Virginia Craft Brewers Guild testified in favor, saying current three-tier laws drafted in the 1950s were not intended to limit job opportunities and that HB 1655 "creates greater employment opportunities for workers and helps employers in the food and beverage industry address this labor shortage while maintaining antitrust protections." The guild cited other states that allow cross-employment as examples.

Representatives of wholesalers and the Virginia Alcoholic Beverage Control enforcement side testified in opposition. An ABC representative expressed concern that the three-tier system should apply consistently and that wholesalers’ and retailers’ market protections remain necessary. The Virginia Wine Wholesalers Association, represented by Chair Perron, said it opposed the bill for similar reasons.

Delegate Helmer said she appreciated the testimony and did not think allowing limited tap-room work would "be the end of the three-tier system," but the committee operates by motion. No member moved to report the bill, and the chair announced, "For lack of a motion, the bill dies."