Regulations 
Volume 33, Issue 8 Virginia Register of Regulations December 12, 2016 
786 sample containers left with the licensee shall not be sold by 
the licensee;  
3. Promote their his authorized brands of spirits at
conventions, trade association meetings, or similar
gatherings of organizations, a majority of whose
membership consists of mixed beverage licensees or spirits
representatives for the benefit of their members and guests,
and shall be limited as follows:
a. To sample servings from containers of spirits
purchased from government stores when the spirits
donated are intended for consumption during the
gathering;
b. To displays of spirits in closed containers bearing the
word "sample" in lettering of reasonable size and
informational signs provided such merchandise is not
sold or given away except as permitted in this section;
c. To distribution of informational brochures, pamphlets
and the like, relating to spirits;
d. To distribution of novelty and specialty items bearing
spirits advertising not in excess of $10 in wholesale
value;
e. To film or video presentations of spirits which are
essentially educational;
f. To display at the event the brands being promoted by
the permittee;
g. To rent display booth space if the rental fee is the same
as paid by all exhibitors at the event;
h. To provide its own hospitality, which is independent
from activities sponsored by the association or
organization holding the event;
i. To purchase tickets to functions and pay registration
fees if the payments or fees are the same as paid by all
attendees, participants, or exhibitors at the event; and
j. To make payments for advertisements in programs or
brochures issued by the association or organization
holding the event if the total payments made for all such
advertisements do not exceed $300 per year for any
association or organization holding the event; or
4. Provide or offer to provide point- of-sale advertising
material to licensees as provided in 3VAC5- 20-20 or
3VAC5- 30-80.
E. Prohibited activities. A permittee shall not:
1. Sell spirits to any licensee, solicit or receive orders for
spirits from any licensee, provide or offer to provide cash
discounts or cash rebates to any licensee, or to negotiate
any contract or contract terms for the sale of spirits with a
licensee;
2. Discount or offer to discount any merchandise or other
alcoholic beverages as an inducement to sell or offer to sell
spirits to licensees;3. Provide or offer to provide gifts, entertainment or other
forms of gratuity to licensees except that a permittee may
provide a licensee "routine business entertainment," as
defined in 3VAC5- 30-70, subject to the same conditions
and limitations that apply to wholesalers and
manufacturers under that section;
4. Provide or offer to provide any equipment, furniture,
fixtures, property or other thing of value to licensees
except as permitted by this regulation;
5. Purchase or deliver spirits or other alcoholic beverages
for or to licensees or provide any services as inducements
to licensees, except that this provision shall not preclude
the sale or delivery of wine or beer by a licensed
wholesaler;
6. Be employed directly or indirectly in the manufacturing,
bottling, importing or wholesaling of spirits and
simultaneously be employed by a retail licensee;
7. Solicit licensees on any premises other than on their
licensed premises or at conventions, trade association
meetings or similar gatherings as permitted in subdivision
D 3 of this section;
8. Solicit or promote any brand or brands of spirits without
having on file with the board a letter from the manufacturer
or brand owner authorizing the permittee to represent such
brand or brands in the Commonwealth; or
9. Engage in solicitation of spirits other than as authorized
by law.
F. Refusal, suspension or revocation of permits.
1. The board may refuse, suspend, or revoke a permit if it
shall have reasonable cause to believe that any cause exists
which that would justify the board in refusing to issue such
person a license, or that such person has violated any
provision of this section or committed any other act that
would justify the board in suspending or revoking a
license.
2. Before refusing, suspending, or revoking such permit,
the board shall follow the same administrative procedures
accorded an applicant or licensee under Title 4.1 of the
Code of Virginia and regulations of the board.
VA.R. Doc. No. R17-4769; Filed November 14, 2016, 6:26 p.m. 
Fast-Track Regulation 
Title of Regulation:  3VAC5-70. Other Provisions 
(amending 3VAC5- 70-20).  
Statutory Authority: § 4.1-103, 4.1-111, and 4.1-213 of the 
Code of Virginia. 
Public Hearing Information: No public hearings are 
scheduled.  
Public Comment Deadline: January 11, 2017. 
Effective Date: February 3, 2017.  
Agency Contact: Shawn Walker, Director of Law 
Enforcement, Department of Alcoholic Beverage Control, Regulations  
Volume 33, Issue 8  Virginia Register of Regulations  December 12, 2016  
787 2901 Hermitage Road, Richmond, VA 23220, telephone 
(804) 213 -4569, FAX (804) 213 -4411, or email 
shawn.walker@abc.virginia.gov.  
Basis:  Section 4.1 -103 of the Code of Virginia authorizes the 
board to promulgate regulations in accordance with the 
Administrative Process Act (§ 2.2 -4000 et seq. of the  Code of 
Virginia) and § 4.1 -111 of the Code of Virginia authorizes the 
board to amend or repeal regulations adopted by it in 
accordance with the Administrative Process Act.  
Purpose:  The purpose of the amendments are to conform to 
the language found in § 4 .1-213 of the Code of Virginia, 
which was amended by Chapter 787 of the 2014 Acts of 
Assembly to eliminate the minimum size and one gallon 
maximum limitations on the size of cider containers. The 
amendments will have no adverse impact on the health, 
safety , or welfare of the citizens of the Commonwealth.  
Rationale for Using Fast -Track Rulemaking Process:  This 
proposal is expected to be noncontroversial as the proposed 
amendment is merely bringing the regulation into conformity 
with the language of § 4.1 -213 of the Code of Virginia related 
to the permitted sizes of containers of cider. The change in 
this statute was promulgated at the request of members of the 
regulated community.  
Substance:  The amendments remove the minimum container 
size of 375 milliliters and the maximum size limitation of 
one-gallon and add language consistent with §  4.1-213 D of 
the Code of Virginia related to the container sizes of cider.  
Issues:  The primary advantage for the agency and regulated 
community is to update the regulation to conform with §  4.1-
213 D of the Code of Virginia. There are no disadvantages to 
the public or the Commonwealth.  
Department of Planning and Budget's Economic Impact 
Analysis:  
Summary of the Proposed Amendments to Regulation. The 
Alcoholic Beverage Control B oard (Board) proposes to 
conform this regulation to statutory language in 2014 
legislation concerning the sale of cider.  
Result of Analysis. The benefits likely exceed the costs for all 
proposed changes.  
Estimated Economic Impact. Chapter 787 of the 2014 Acts of 
Assembly1 added the following to §  4.1-213 of the Code of 
Virginia:  
"Cider containing less than seven percent of alcohol by 
volume may be sold in any containers that comply with 
federal regulations for wine or beer, provided such containers 
are la beled in accordance with Board regulations. Cider 
containing seven percent or more of alcohol by volume may 
be sold in any containers that comply with federal regulations 
for wine, provided such containers are labeled in accordance 
with Board regulations."  
The Board proposes to add this same language to the 
regulation. Adding the language to the regulation will have no 
impact on the law in effect, but may be beneficial in that readers of the regulation may be better informed of the law in 
effect concerning the permitted sale of cider in the 
Commonwealth.  
Businesses and Entities Affected. As the proposed language 
is already in statute, adding it to the regulation does not affect 
anyone beyond potentially enlightening readers of the 
regulation who are not awar e of the statute.  
Localities Particularly Affected. The proposed amendment 
does not disproportionately affect particular localities.  
Projected Impact on Employment. The proposed amendment 
does not significantly affect employment.  
Effects on the Use and Va lue of Private Property. The 
proposed amendment does not affect the use and value of 
private property.  
Real Estate Development Costs. The proposed amendment 
does not affect real estate development costs.  
Small Businesses:  
Definition. Pursuant to § 2.2 -4007.04 of the Code of Virginia, 
small business is defined as "a business entity, including its 
affiliates, that (i) is independently owned and operated and 
(ii) employs fewer than 500 full -time employees or has gross 
annual sales of less than $6 million."  
Costs and Other Effects. The proposed amendment does not 
affect costs for small businesses.  
Alternative Method that Minimizes Adverse Impact. The 
proposed amendment does not adversely affect small 
businesses.  
Adverse Impacts:  
Businesses. The proposed amendme nt does not adversely 
affect businesses.  
Localities. The proposed amendment does not adversely 
affect localities.  
Other Entities. The proposed amendment does not adversely 
affect other entities.  
___________________________________________  
1 See http://leg1.state.va.us/cgi -bin/legp504.exe?141+ful+CHAP0787  
Agency's Response to Economic Impact Analysis:  The 
Department of Alcoholic Beverage Control concurs with the 
economic impact anal ysis prepared by the Department of 
Planning and Budget.  
Summary:  
Pursuant to Chapter 787 of the 2014 Acts of Assembly, the 
amendments expand the sizes of containers in which cider 
is permitted to be sold in the Commonwealth.  
3VAC5 -70-20. Procedures for han dling cider; authorized 
licensees; containers; labels; markup; age limits.  
A. The procedures established by regulations of the board 
for the handling of wine having an alcoholic content of not 
more than 14% by volume shall, with the necessary change of Regulations  
Volume 33, Issue 8  Virginia Register of Regulations  December 12, 2016  
788 detail, be applicable to the handling of cider, subject to the 
following exceptions and modifications.  
B. Licensees authorized to sell beer and wine, or either, at 
retail are hereby approved by the board for the sale of cider 
and such sales shall be made on ly in accordance with the age 
limits set forth below  in this section .  
C. Containers of cider shall have a capacity of not less than 
12 ounces (375 milliliters if in a metric -sized container) nor 
more than one gallon (three liters if in a metric -sized 
container).  containing less than 7.0% alcohol by volume may 
be sold in any containers that comply with federal regulations 
for wine and beer provided such containers are labeled in 
accordance with board regulations. Cider containing 7.0% of 
more alcohol by vol ume may be sold in any containers that 
comply with federal regulations for wine, provided the 
containers are labeled in accordance with board regulations.   
D. If the label of the product is subject to approval by the 
federal government, a copy of the feder al label approval shall 
be provided to the board.  
E. The markup or profit charged by the board shall be $.08 
per liter or fractional part thereof.  
F. Persons must be 21 years of age or older to purchase or 
possess cider.  
G. The provisions of subsection A and subdivision B 4 of 
3VAC5 -60-20 shall not be applicable to the sale of cider by 
wholesale wine licensees to retail licensees of the board.  
VA.R. Doc. No. R17 -4756; Filed November 14, 2016, 6:06 p.m.  
  ––––––––––––––––––    
TITLE 13. HOUSING  
VIRGINIA HOUSING DEVELOPMENT AUTHORITY  
Final Regulation  
REGISTRAR'S NOTICE:  The Virginia Housing 
Development Authority is claiming an exemption from the 
Administrative Process Act (§  2.2-4000 et seq. of the Code of 
Virginia) pursuant to §  2.2-4002 A 4 of the Code of Virginia.  
Title of Regulation:  13VAC10 -180. Rules and Regulations 
for Allocation of Low -Income Housing Tax Credits  
(amending 13VAC10 -180-50, 13VAC10 -180-60).  
Statutory Authority:  § 36-55.30:3 of the Code of Virginia.  
Effective Date:  January 1, 2017.  
Agency Contact:  Paul M. Brennan, General Counsel, Virginia 
Housing Development Authority, 601 Sou th Belvidere Street, 
Richmond, VA 23220, telephone (804) 343 -5798, or email 
paul.brennan@vhda.com.  
Summary:  
The amendments (i) update the per unit cost limits; (ii) set 
a maximum permissible minimum income requirement for 
tenants receiving rental assistanc e that is applicable to all developments; (iii) increase the maximum per -development 
credit limit in the nonprofit pool; (iv) reduce the number of 
points awarded to applicants for providing a leasing 
preference to persons on public housing waiting lists; ( v) 
for both elderly and family developments, implement a new 
sliding point scale for developments located in areas of 
economic opportunity, defined based upon census data, 
and delete language limiting points to census tracts with 
no other such development;  (vi) define permissible uses of 
community rooms receiving points; (vii) revise amenity 
point requirements for certain windows and glass doors, 
internet service, and bath vent fans; (viii) increase points 
for developments with project -based vouchers and me eting 
listed criteria; (ix) extend points for providing preference 
to persons with developmental disabilities to an additional 
existing category of developments; (x) increase points for 
EarthCraft and LEED Gold developments; (xi) eliminate 
points for Earth Craft Platinum; (xii) provide points for 
certain developments with tenant utility monitoring and 
benchmarking; (xiii) increase points for developments 
applying for both 4.0% and 9.0% credits; (xiv) reduce 
developer experience points based on penalties for certain 
nonperformance; (xv) provide additional points for rental 
assistance demonstration deals competing in the local 
housing authority pool; (xvi) delete the 20% limit on 
credits in any pool for developments for the elderly; and 
(xvii) make other miscel laneous administrative or 
clarifying changes.  
13VAC10 -180-50. Application.  
Prior to submitting an application for reservation, applicants 
shall submit on such form as required by the executive 
director, the letter for authority signature by which the 
authority shall notify the chief executive officers (or the 
equivalent) of the local jurisdictions in which the 
developments are to be located to provide such officers a 
reasonable opportunity to comment on the developments.  
Application for a reservation of c redits shall be commenced 
by filing with the authority an application, on such form or 
forms as the executive director may from time to time 
prescribe or approve, together with such documents and 
additional information (including, without limitation, a 
market study that shows adequate demand for the housing 
units to be produced by the applicant's proposed 
development) as may be requested by the authority in order to 
comply with the IRC and this chapter and to make the 
reservation and allocation of the credi ts in accordance with 
this chapter. The executive director may reject any 
application from consideration for a reservation or allocation 
of credits if in such application the applicant does not provide 
the proper documentation or information on the forms 
prescribed by the executive director.  
All sites in an application for a scattered site development 
may only serve one primary market area. If the executive 
director determines that the sites subject to a scattered site