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Winery Faces June Court Date
Winery Faces June Court DateBy Bill Walsh
Times-Democrat Staff Writer
Fauquier County bills itself as agriculturally rooted, business friendly, and, indeed, that motto is likely equally attractive to a good part of the commonwealth to the south.
In an effort to underscore the partnership between country roads and Main Streets, both chambers of the General Assembly recently passed identical bills, and the Virginia Wine Council expects that a final bill will earn the governor's signature this year.
The new law would go into effect on July 1.
Wineries across the state are lifting a glass in celebration, especially Marterella Winery just outside Warrenton.
Marterella has been embroiled in a legal battle of several years' duration, a challenge from the reigning homeowners' association over owners Jerry and Kate Marterella's ability to sell wine from their tasting room as well as grow the grapes in their vineyard.
The homeowners' association suit contends that selling the wine is a commercial venture, as opposed to growing grapes, which is an agricultural endeavor with which it has no argument.
Having one without the other doesn't work, Kate Marterella said last week, and few wineries in Virginia could survive under those strictures.
"There is new state legislation being written based on what we have run into, where the state code did not state specifically that a farm winery can, by right, sell its wines onsite," Marterella said.
"Because of the gap in the state code, it could appear that [selling wine in the tasting room] was commercial in nature. The new law...says that a locality must first consider the agricultural nature of a farm winery prior to attempting to limit the onsite sale and marketing of their product," she said.
That means, Marterella explained, that a homeowners' association would initially have to demonstrate that a winemaker was not really farming. And, she pointed out, she drives the tractor, does all the spraying, gets her hands in the dirt. In short, she farms.
A jury trial to settle the matter is scheduled for late June.
See the Feb. 25 Times-Democrat for the complete story.
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