In 2007, in an effort to promote the growth of the State's wine industry as both agribusiness and a tourist attraction, the State of Virginia passed laws severely restricting the power of local authorities to regulate what a grape-growing, wine-making, "agricultural operation" could or could not do.

At that time Fauquier county counted three (or arguably fewer) wineries on its tax rolls. Now there are 26.

As the wine business grew, so did the promotional activities associated with the "business" of keeping a winery afloat. Some of them annoyed the neighbors. Since at least 2008 Fauquier County, its residents, wine makers, Supervisors, and outside interest groups have been debating the fine points of reaching a legal "modus viendi" between growers and nongrowers: a set of regulations that would not only allow the growth of the wine industry, but promote it, while at the same time protecting the peace and quiet of those who happened to live in the vicinity of an operation that, in order to survive, must all too often be much more than a grape-growing, wine-pressing "farm."

On July 12, after years of heated debate, public hearings, lawsuits and related unpleasantries all too often related to compromise, the Fauquier County Board of Supervisors adopted "THE FAUQUIER COUNTY FARM WINERY ORDINANCE ZONING ORDINANCE TEXT AMENDMENTS TO SECTIONS 3-318, 5-1810, 6-102, 6-400 AND 15-300 OF THE FAUQUIER COUNTY ZONING ORDINANCE."

The debates over and around that ordinance have been well covered by local media. Less well covered have been the actual rules themselves.

Here, in brief, are some of the more controversial elements of the legislation. The list is by no means exhaustive.

To read the entire ordinance, request a copy from the Fauquier County Board of Supervisors, or see the version posted on the "Fauquier Now" website: http://www.fauquiernow.com/images/userfiles/files/Ordinance_Farm-Wineries.pdf

At press time Fauquier winery owners were reportedly already considering a court challenge.

Activities "Allowed" at a "Farm Winery"

Upon approval of a zoning permit, owners of a "Farm Winery" in Fauquier may conduct:

1. The On-Premises sale of wine during Regular Business Hours, or if approved, during Extended Business Hours;

2. Wine Tasting and Consumption conducted On-Premises at a Farm Winery during Regular Business Hours, or if approved, during Extended Business Hours;

3. The direct sale and shipment of wine by common carrier to consumers in accordance with . . . the Code of Virginia and regulations of the ABC Board;

4. The sale and shipment of wine to Alcoholic Beverage Control Board licensed wholesalers, and to out of state purchasers in accordance with . . . the Code of Virginia and regulations of the ABC Board, as well as federal law;

5. The storage, warehousing and wholesaling of wine in accordance . . . . the Code of Virginia and regulations of the ABC Board, as well as federal law;

6. The sale of Wine-Related Items incidental to the sale of wine during Regular Business Hours, or if approved, during Extended Business Hours;

7. Private personal gatherings held by the owner of a Farm Winery who resides at such Farm Winery (or on property adjacent thereto that is owned or controlled by such owner) where wine is not sold or marketed at such event; and further provided that such private personal gathering is not otherwise regulated pursuant to the provisions of the Zoning Ordinance;

8. Light Accompaniments served in conjunction with Wine Tasting and Consumption during Regular Business Hours, or if approved, during Extended Business Hours; and

9. Up to two times in any calendar month, activities or events that would otherwise fall within the definition of a Special Event, but which (a) are limited to 25 invitees or ticketed attendees, and held when the Farm Winery is closed to the general public, and in any case prior to Closing Time; or (b) involve the serving of Catered Food to the general public in conjunction with Wine Tasting and Consumption during Regular Business Hours, or if approved, Extended Business Hours.

Further restrictions govern sound, lighting, parking, and health regulations.

The Closing Time for any Special Event held at a Farm Winery was set at no later than 9:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday.

Prohibited Activity

Expressly prohibited are:

1. Restaurants, Food Establishments as defined by the Health Department, or any activity which requires a Temporary Food Establishment Permit from the Health Department

2. Helicopter rides

3. Hot air balloons

4. Fireworks

5. Grocery, convenience or general stores

6. Go-kart, motorized bike or four-wheeler trails, tracks or rides

7. Amusement park rides

8. Flea markets

9. Farmers' markets

10. Bowling Alleys

11. Mini-golf

12. Personal Services, including beauty or spa type services

13. Such other uses as are determined by the Zoning Administrator to be similar in nature or in impact to those listed above.