City of Virginia Beach v. Virginia Restaurant Ass'n

This appeal concerns the power of a city to impose a sales tax upon “meals” where that term is defined to include alcoholic beverages.

Since June 1, 1976, the City of Virginia Beach, by ordinance, has imposed a 3% retail sales tax on all food sold in restaurants in the city. The ordinance defined “food” to include “any and all refreshments and nourishment, liquid or otherwise.” Virginia Beach City Code § 35-136. Effective June 1, 1981, the tax was increased to 6%.

On July 29, 1981, the Virginia Restaurant Association, Inc., Butrick Corp., trading as Three Ships Inn, and Bay Restaurant, Inc.,…