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Subcommittee carries by bill to allow on‑site distillery sales after members raise sampling concerns

Subcommittee on ABC and Gaming · January 28, 2026
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Summary

HB 934, sponsored by Delegate Simon, would let distilleries sell and serve on‑premise mixed drinks under an ABC agency store model; the subcommittee carried the bill for the day after stakeholders raised concerns about unlimited sampling and the absence of food requirements.

Delegate Simon introduced HB 934, saying the measure would put distillers on the same footing as craft breweries and wineries by authorizing sales and tastings at on‑site distilleries. "What we're trying to do with this bill is put distillers on the same footing as we do with craft brewers and craft wineries," the sponsor said.

David Cutnow, owner of a Virginia distillery and vice president of the Virginia Distillers Association, testified the bill "authorizes on premise sales [of] spirits manufactured on‑site" through an ABC agency store agreement while maintaining ABC pricing, markup and oversight. He said the change would create parity with wineries and breweries, support small businesses and deliver a positive revenue impact for the Virginia ABC. Cutnow told the committee that distilleries currently are limited to 3 ounces per person per day and questioned any public‑safety justification for that limit.

Tom Lisk, legal counsel to the Virginia Restaurant Lodging and Travel Association, opposed the unlimited‑sampling features he read in the introduced bill. He said the Commonwealth has long required a food ratio for mixed‑beverage service and warned HB 934 "basically say[s] distillers can become bars, have unlimited cocktails with no corresponding food requirement." Lisk urged the committee not to adopt the unlimited cocktails language.

Tanya Hutch Watkins, acting chief general counsel of Virginia ABC, said ABC maintained a neutral position but asked members to consider the portions of the bill that would permit unlimited samples and that could create on‑premise mixed beverage consumption without a food requirement.

After discussion, Delegate Price moved to carry HB 934 by for the day so members could get outstanding questions answered; the motion carried. Sponsor Simon signaled willingness to continue conversations with stakeholders and to take the bill up again on another day.

The bill was carried rather than reported or amended; committee action preserves additional stakeholder review before formal committee approval.