mini-golf - a public safety/health issue? Must be those tiny windmills and small water hazards.

@Charles: Sometimes the direct solutions would be the best. Tar. Feathers.

Mini-golf is now regulated by the federal government: "Effective on March 15, 2012, the 2010 ADA Standard includes new design
requirements and applies to new or altered miniature golf courses"

It is definitely tar-and-feathers time. The tar goes on hot.

Then when the wineries shut down or move elsewhere because they can't make a profit -- what does the county do without a tax base.

So selling food after 6 without a permit might cause food posioning, but selling it at 5:59 without a permit is perfectly healthy?

Is the governemnt getting dumber

"The Fauquier ordinance clearly violates Virginia's Right to Farm Act, which guarantees agriculture activities of growing and selling"

that may well be true but it tells me that the author doesn't get what's going here. We're talking about the conversion from agriculturally-based activities to tourist-based activities. There is a big difference between living next to a functioning winery and living next to a winery that's just a loss-leader for a wedding farm.

From the ordinance: WHEREAS, the County desires to protect and promote the cultivation of grapes and the production of excellent, locally made wines

The County wants to fashion itself as Lodi rather than Napa. I may disagree with that wisdom but that's their goal.

Also Amy, one of your other narratives is being anti-DUI. Would you want to live down the lane from a hot-spot for drunk politicians? (This is an hour outside DC)
Again from the ordinance: WHEREAS, the County is equally cognizant of its need to protect the health, safety and welfare of the public, particularly when the consumption of alcohol is occurring in proximity to the use of the County’s rural road network.

So they want to draw a line between sophisticated day-time wine tasting and Friday night concerts with washed-up 80's bands.

Ever heard a hot-air balloon up close? They fly between dawn and about 8 am too. Loud and early, great neighbors. Classic nuisance.

All that said, this is poorly drafted and seems destined for the 'how not to do it' section of the Landuse planning textbooks. Hadacheck, Euclid, Fauquier.

Check this out, right up front they fully admit one of the goals of the regulation is to put the squeeze on newcomers:

WHEREAS, the County is cognizant of the desire of many farm wineries to conduct
certain activities and events at farm wineries that are tangential to the making and sale of their
wine, but serve to enhance their profitability, particularly in the early years of wine production;

I think this is going to be a fun one to watch.

Charles, as a dad and a I drinker I have to point out that mini-golf plus alcohol out in the country equals not only DUI but felony DUI because there's a kid in the car. I think they are on pretty solid ground calling that a health and safety issue. It does sound fun if I could cajole someone into driving though.

I wish I had read the entire ordinance before commenting. It is not nearly as arbitrary and vague as the linked article painted it to be.

Yeah, but according to this law its only a problem after 6pm, before that the drunks and the farmers can do what they fucking want. And given the way the article is written and the piss poor way the law is written, from what I gather you can still sell booze after six, just not food, or mini golf, or a place to sleep it off

OK this part cracked me up. from the prohibited use list:
6. Go-kart, motorized bike or four-wheeler trails, tracks or rides

I know you guys drink a lot of labrusca back east but come on, a go kart track slash winery? Does the wine come in a box?

On the other hand prohibiting spa services cuts out the 'clothing optional wine tasting and soak', which is a business model I could go for.

I'm only half way through but so far most of the regulations actually seem well-reasoned. Like the access regulations lampooned in the article. they basically say, put up a fence or some bushes so the headlights don't shine in the neighbor's house.

Luj, this is a zoning ordinance. One of the most legitimate uses of zoning law is to regulate nuisances. Plenty of things that are not a nuisance during the day become one at night.