Hello. Please vote in support of HB528. I am fortunately part of a community whose HOA has very generally restrictive guidelines and I have been able to install rain collection barrels, a rain garden, and pollinator- and bird-friendly landscaping. That being said, I have friends in other HOA communities whose guidelines are highly restrictive. I understand wanting beautiful landscaping, and "beauty" is a subjective term. We cannot deny that traditional landscaping with turf lawns harm our ecosystems in a variety of ways, from the use of fertilizers to chase after a "green," manicured lawn which then corrupt the health of our streams. We cannot deny that we are seeing steep declines in pollinators due to the use of pesticides and gardening practices that reduce or eliminate habitat for our native insects. We cannot deny the need to be responsive to our changing climate and plant native species which, once established, are drought- and fire-resistant, thus requiring less water and chemicals to maintain. We CAN deny HOAs the power to restrict Commonwealth residents from planting sustainable, conservation landscaping. Please support this bill and continue to move it forward. Thank you.

Comments Document

Please see attached for written testimony expressing R Street Institute's support for HB688.

I am the catalyst for this bill, as I run a small, independent ice cream shop in the heart of my county and reached out to my delegate with our issue. We make everything ourselves, and take great pride in our product. We applied for an ABC confectionary permit in 2023, and passed all of the initial provisions needed to secure a permit. We hit a road block when we failed to produce a product which fit the narrow definition of a confectionary in the ABC code. We were told if we start offering “food” we could secure it under another permit. The ice cream industry has a $13.1 billion impact on the U.S. economy, supports 28,800 direct jobs, and generates $1.8 billion in direct wages, according to IDFA’s Dairy Delivers. Virginia ranks #22 in the US for ice cream consumption, and expanding the ability of small shops to offer a diversified product only increases sales and revenue for the state. Since the ABC controls the package alcohol sales (most products used are cordials, bases, and specialty flavors), the state has increased revenue from sales to stores, and the state benefits from increased sales tax from sales revenue. We do not offer food in our shop as our lease will not allow us to make modifications that would be necessary to pass code for food production, but we also only want to do what we do best; Ice cream. We fall into a narrow category since we make our own product, but there are many throughout the state that are in a similar situation. As far as alcohol in ice cream (or frozen dessert for that matter), there is only a certain amount that added in production and the product still be a frozen treat. A 5% volume for volume is a good place, as it allows flavor to be present, but does not require a scientific freezer to hit temps to keep it in a frozen state. There are also commercially available products that fall into these limits as well for the folks that do not make their own. In equivalent measures, even the most generous portion of ice cream would not possess a higher value than a commercially available beer. Added to that, eating large amounts of ice cream with the dairy products is less than tolerable by most humans, so overconsumption of these products is a self-limiting factor. We want the opportunity to offer a full line of products in our shop, and in ice cream shops across the Commonwealth. Thank you for your time.

We write to express my opposition to these bills. When planning to move to Floyd county and establish our family farm, we relied on the master plan for Floyd County that designated this area for farming, not to serve as a Mecca for entertainment and alcohol consumption. We now own a property that borders FloydFest on two sides. I am reminded of this daily as one of the first acts taken by the organization that operates FloydFest was to pepper their property with "no trespassing" signs, one every 20 feet or so, facing my property. We now find ourselves confronted with the safety and costs attendant to protecting our farm and livestock, not to mention the liabilities associated with trespass. I ask that the subcommittee kill these bills without prejudice as it is your duty to protect the people of the Commonwealth from such trespass and associated liabilities. So far, the gap between what the FloydFest developers say and what they do, has been vast and this is of great concern. While we hope to see that gap disappear, the onus is upon the developers to demonstrate their aspirations through their actions. Until then I ask that you DO NOT add alcohol to this FloydFest dumpster fire.

Dear Committee Members, I am writing today to express my strong opposition to any and all bills that would grant an annual mixed beverage license to “Performing Arts Venues,” but particularly HB 1298 and HB 1349. My opposition echoes the other comments left in opposition to these bills. HB 1298 can only be talking about the property known as Festival Park which will be hosting FloydFest - a music festival where upwards of 10,000-15,000 patrons attend every July. They have previously gotten a Special Event Mixed Beverage license for each day of their event, but these bills would allow those property owners to sell alcohol at any event they have there throughout the year. This is unacceptable given the fact that the property owner refuses to build any kind of privacy fence around Festival Park which would help protect the neighbors whose properties adjoin Festival Park. One of those properties is the church that my family attends. Our church has 200+ attendees weekly and a large children’s program. We also have an elementary school within 2 miles of this performing arts venue. There has been no consideration given either by the Festival Park owners or our County Government to the neighbors, our church or the school regarding this coming invasion of our community. There needs to be an extensive impact study done of the effects of this change on communities - especially in Floyd County - before any new laws are written into code. PLEASE vote to kill HB 1298 and HB 1349 and any other bills either House or Senate that pertain to changing the mixed beverage license for performing arts venues that may come before this body! Thank you. Kirsten Vest

Members of the Sub-Committee, I write today to express my opposition to each of these bills moving forward. As a resident of Floyd County and a property owner adjacent to the proposed Festival Park, I am highly concerned with an annual ABC license being granted to "performing arts facilities" of "more than 5,000 persons" in the County of Floyd. Where would such a bill be applicable in our farm centric county? The only location this could apply to is the proposed Festival Park, where FloydFest will be occurring. I have personally requested the owners of the Festival Park property build a fence along their border, they have refused to build such a fence, leaving adjacent property owners subject to individuals coming onto their property with alcoholic beverages, or wandering onto the highway in front of the festival. This is a safety issue both for the local residents as well as event attendees. The General Assembly has a duty to protect the people of the Commonwealth and Floyd County from trespass on their property and potential liability associated with such trespass. Past festival neighbors at the previous location have shared horror stories of trespassing, damages, and injuries. Per a FestivalPark board member, border security will be reactive only with concerns or complaints reported through a Facebook Message to a single person with no promise of support or control. There will be no proactive border control, no walls, no cameras, nothing to control the ABC requirements along the border of the property. Does this sound like an event ready to handle ABC on top of 5,000 or more attendees? I think not. Prior to the current bills being considered, much less passing, the property owners should be required to show their responsibility and concern for the safety and well-being of their visitors and neighbors; they should enclose their property to control the effects of the alcohol distributed during the event(s). These bills have been submitted in the interest of increasing revenue without regard to negative consequences or risks. Further investigation and control of the venue must occur prior to adding fuel to the fire by permitting an ABC license to an uncontrolled, open venue. I ask that the Sub-Comittee vote to kill each of these bills today. Respectful Regards, Leanne Carico

Members of the Sub-Committee, I write today to express my entire opposition against each of these bills moving forward in any shape or form. As a resident of Floyd County and a property owner adjacent to the proposed Festival Park, I am vehemently opposed to any annual ABC license being granted to "performing arts facilities" of "more than 5,000 persons" in the County of Floyd. The only location this could be referring to is the proposed Festival Park, where Floyd Fest will be occurring. The location refuses to build a fence to create a delineated border of the property, leaving adjacent property owners to be subject to individuals coming onto adjacent property with alcoholic beverages. This is a safety issue for the local residents - issues which have been raised to local government leaders and those issues have been blatantly ignored - and the General Assembly has a duty to protect the people of the Commonwealth and Floyd County from trespass on their property and potential liability associated with such trespass. Furthermore, I believe more research is warranted as Festival Park owners and Floyd Fest organizers have continually stated that they intend to only have one event per year. Why would an annual license be necessary for one event per year? Further investigation is warranted before the subcommittee considers any of these bills. However, I ask that the Sub-Comittee vote to kill each of these bills today without prejudice. Thank you, Kelly Yeatts

I recently became the owner of a small venue in Pulaski County without a connected restaurant, and I have likely lost tens of thousands of dollars in sales as a result of my inability to get an ABC license for events held at small venues. The location also contains a bed and breakfast, however only visitors are permitted to use that license. Our amphitheater area's ability to host festivals, concerts, and other events would have been crucial to the venue's financial success. Along with helping Pulaski County with sales and taxes, smaller venues like mine also help the county with tourism and the promotion of a wide range of community activities. Although the Virginia Alcohol Beverage Control (ABC) bill is essential for controlling the sale of alcohol, some of its provisions might be impeding the development of small local event venues. We can unleash a tsunami of beneficial effects by deliberately lifting these limits, which will help the venues as well as the larger community. First off, the amendment would spur small local event venues' economic growth. These companies might not be able to maximize their potential revenue because of the current restrictions. These venues can expand their offers, draw in a bigger crowd, and boost revenue by allowing the sale of alcohol. The venues' and the surrounding companies' economic vitality is directly boosted by this flow of income. The revenue of the cities and counties would be significantly impacted by the elimination of the restrictive restrictions in the ABC bill. With the ability to offer alcohol, small event venues are generating more economic activity, which increases tax income for local governments. Extra taxes and fees from the sale of alcohol can fund community development initiatives, infrastructure upgrades, and other services. Consequently, this improves the county's or city's financial stability. Furthermore, the amendment is essential to converting communities into thriving centers of culture. Communities can experience an increase in a variety of events, such as music concerts, art exhibitions, and cultural festivals, by permitting small event venues to host a range of functions with alcohol service. As a result, the modification starts to greatly benefit tourism. Visitors are drawn to varied events held in intimate settings, which boosts the local economy by bringing in tourism-related revenue. The area is becoming known as a vibrant and friendly travel destination, which is helping to create a favorable impression among locals and visitors alike. The increase in tourism magnifies the economic advantages and initiates a positive feedback loop that fosters growth in the county or city. In light of the COVID-19 epidemic, the amendment becomes even more important. It turns into a stimulant for the recovery of the hospitality sector, which has been severely damaged by the worldwide health issue. The change puts the local hotel sector in a position to adapt and prosper in the post-pandemic environment by matching shifting customer tastes for smaller, more intimate venues. I would want to convey my unwavering support for HB1349 and request that Delegate Jason Ballard assist us in our efforts.

We write to express my opposition to these bills. When planning to move to Floyd county and establish our family farm, we relied on the master plan for Floyd County that designated this area for farming, not to serve as a Mecca for entertainment and alcohol consumption. We now own a property that borders FloydFest on two sides. I am reminded of this daily as one of the first acts taken by the organization that operates FloydFest was to pepper their property with "no trespassing" signs, one every 20 feet or so, facing my property. We now find ourselves confronted with the safety and costs attendant to protecting our farm and livestock, not to mention the liabilities associated with trespass. I ask that the subcommittee kill these bills without prejudice as it is your duty to protect the people of the Commonwealth from such trespass and associated liabilities. So far, the gap between what the FloydFest developers say and what they do, has been vast and this is of great concern. While we hope to see that gap disappear, the onus is upon the developers to demonstrate their aspirations through their actions. Until then I ask that you DO NOT add alcohol to this FloydFest dumpster fire.

Dear Committee Members, I am writing today to express my strong opposition to any and all bills that would grant an annual mixed beverage license to “Performing Arts Venues,” but particularly HB 1298 and HB 1349. My opposition echoes the other comments left in opposition to these bills. HB 1298 can only be talking about the property known as Festival Park which will be hosting FloydFest - a music festival where upwards of 10,000-15,000 patrons attend every July. They have previously gotten a Special Event Mixed Beverage license for each day of their event, but these bills would allow those property owners to sell alcohol at any event they have there throughout the year. This is unacceptable given the fact that the property owner refuses to build any kind of privacy fence around Festival Park which would help protect the neighbors whose properties adjoin Festival Park. One of those properties is the church that my family attends. Our church has 200+ attendees weekly and a large children’s program. We also have an elementary school within 2 miles of this performing arts venue. There has been no consideration given either by the Festival Park owners or our County Government to the neighbors, our church or the school regarding this coming invasion of our community. There needs to be an extensive impact study done of the effects of this change on communities - especially in Floyd County - before any new laws are written into code. PLEASE vote to kill HB 1298 and HB 1349 and any other bills either House or Senate that pertain to changing the mixed beverage license for performing arts venues that may come before this body! Thank you. Kirsten Vest

Members of the Sub-Committee, I write today to express my opposition to each of these bills moving forward. As a resident of Floyd County and a property owner adjacent to the proposed Festival Park, I am highly concerned with an annual ABC license being granted to "performing arts facilities" of "more than 5,000 persons" in the County of Floyd. Where would such a bill be applicable in our farm centric county? The only location this could apply to is the proposed Festival Park, where FloydFest will be occurring. I have personally requested the owners of the Festival Park property build a fence along their border, they have refused to build such a fence, leaving adjacent property owners subject to individuals coming onto their property with alcoholic beverages, or wandering onto the highway in front of the festival. This is a safety issue both for the local residents as well as event attendees. The General Assembly has a duty to protect the people of the Commonwealth and Floyd County from trespass on their property and potential liability associated with such trespass. Past festival neighbors at the previous location have shared horror stories of trespassing, damages, and injuries. Per a FestivalPark board member, border security will be reactive only with concerns or complaints reported through a Facebook Message to a single person with no promise of support or control. There will be no proactive border control, no walls, no cameras, nothing to control the ABC requirements along the border of the property. Does this sound like an event ready to handle ABC on top of 5,000 or more attendees? I think not. Prior to the current bills being considered, much less passing, the property owners should be required to show their responsibility and concern for the safety and well-being of their visitors and neighbors; they should enclose their property to control the effects of the alcohol distributed during the event(s). These bills have been submitted in the interest of increasing revenue without regard to negative consequences or risks. Further investigation and control of the venue must occur prior to adding fuel to the fire by permitting an ABC license to an uncontrolled, open venue. I ask that the Sub-Comittee vote to kill each of these bills today. Respectful Regards, Leanne Carico

Members of the Sub-Committee, I write today to express my entire opposition against each of these bills moving forward in any shape or form. As a resident of Floyd County and a property owner adjacent to the proposed Festival Park, I am vehemently opposed to any annual ABC license being granted to "performing arts facilities" of "more than 5,000 persons" in the County of Floyd. The only location this could be referring to is the proposed Festival Park, where Floyd Fest will be occurring. The location refuses to build a fence to create a delineated border of the property, leaving adjacent property owners to be subject to individuals coming onto adjacent property with alcoholic beverages. This is a safety issue for the local residents - issues which have been raised to local government leaders and those issues have been blatantly ignored - and the General Assembly has a duty to protect the people of the Commonwealth and Floyd County from trespass on their property and potential liability associated with such trespass. Furthermore, I believe more research is warranted as Festival Park owners and Floyd Fest organizers have continually stated that they intend to only have one event per year. Why would an annual license be necessary for one event per year? Further investigation is warranted before the subcommittee considers any of these bills. However, I ask that the Sub-Comittee vote to kill each of these bills today without prejudice. Thank you, Kelly Yeatts