Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Alcoholic Beverage Control Board intends to consider amending the following regulations: 3VAC5-50, Retail Operations. The purpose of the proposed action is to adopt a definition of the term "dessert wines" as used in subdivision A 12 of § 4.1-210 of the Code of Virginia. A 2008 act of the General Assembly allows the holders of limited mixed beverage restaurant licenses to sell and serve "dessert wines" as defined by board regulation.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on March 4, 2009.

Agency Contact: W. Curtis Coleburn III, Chief Operating Officer, Department of Alcoholic Beverage Control, 2901 Hermitage Road, Richmond, VA 23220, telephone (804) 213-4409, FAX (804) 213-4411, TTY (804) 213-4687, or email curtis.coleburn@abc.virginia.gov.