Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Section 3VAC5-70-210 - Schedule of penalties for first-offense violations

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any licensee charged with any violation of
				board regulations or statutes listed in this subsection, if the licensee has no
				other pending charges and has not had any substantiated violations of
				regulation or statute within the three years immediately preceding the date of
				the violation, may enter a written waiver of hearing and (i) accept the period
				of license suspension set forth in this subsection for the violation, or (ii)
				pay the civil charge set forth in this subsection for the violation in lieu of
				suspension. In the case of a violation involving the sale of beer, wine, or
				mixed beverages to a person at least 18 but younger than 21 years of age, or to
				an intoxicated person, or allowing consumption of such beverages by such
				person, any retail licensee that can demonstrate that it provided alcohol
				seller or server training certified in advance by the board to the employee
				responsible for such violation within the 12 months immediately preceding the
				alleged violation may accept the lesser period of license suspension or pay the
				lesser civil charge listed for the violation in lieu of suspension. Any notice
				of hearing served on a licensee for a violation covered by this section shall
				contain a notice of the licensee's options under this section. Any licensee who
				fails to notify the board of its intent to exercise one of the options provided
				for under this section within 20 days after the date of mailing of the notice
				of hearing shall be deemed to have waived the right to exercise such options,
				and the case shall proceed to hearing. For good cause shown, the board may, in
				its discretion, allow a licensee to exercise the options provided for under
				this section beyond the 20-day period.
VIOLATION
SUSPENSION
CIVIL CHARGE
SUSPENSION WITH CERTIFIED TRAINING
CIVIL CHARGE WITH CERTIFIED TRAINING
Sale of beer, wine, or mixed beverages to a person at
							 least 18 but younger than 21 years of age.
25 days
$2,500
5 days
$1,500
Allowing consumption of beer, wine, or mixed
							 beverages by a person at least 18 but younger than 21 years of
							 age.
25 days
$2,500
5 days
$1,500
Aiding and abetting the purchase of alcoholic
							 beverages by a person at least 18 but younger than 21 years of
							 age.
10 days
$1,250
Keeping unauthorized alcoholic beverages on the
							 premises, upon which appropriate taxes have been paid.
7 days
$750
Allow an intoxicated person to loiter on the
							 premises.
7 days
$750
Sale to an intoxicated person.
25 days
$2,500
5 days
$1,500
Allow consumption by an intoxicated
							 person.
25 days
$2,500
5 days
$1,500
After hours sales or consumption of alcoholic
							 beverages.
10 days
$1,250
No designated manager on premises.
7 days
$750
Invalid check to wholesaler or board.
7 days
$500
Inadequate illumination.
7 days
$750
ABC license not posted.
7 days
$750
Not timely submitting report required by statute or
							 regulation.
7 days
$750
Designated manager not posted.
7 days
$750
Person younger than 18 years of age serving alcoholic
							 beverages; younger than 21 years of age acting as bartender.
7 days
$750
Sale of alcoholic beverages in unauthorized place or
							 manner.
10 days
$1,250
Consumption of alcoholic beverages in unauthorized
							 area.
7 days
$750
Removal of alcoholic beverages from authorized
							 area.
7 days
$750
Failure to obliterate mixed beverage
							 stamps.
7 days
$750
Employee on duty consuming alcoholic
							 beverages.
7 days
$750
Conducting illegal happy hour.
7 days
$750
Illegally advertising happy hour.
7 days
$750
Unauthorized advertising.
7 days
$750
Failure to remit statebeer or wine tax (if deficiency
							 has been corrected).
10 days
$1,250
Wholesaler sale of beer or wine in unauthorized
							 manner.
10 days
$1,250
Wholesaler sale of beer or wine to unauthorized
							 person.
10 days
$1,250
B.
				For purposes of this section, the Virginia Alcoholic Beverage Control Authority
				will certify alcohol seller or server training courses that provide instruction
				on all the topics listed on the Seller/Server Training Evaluation form. The
				following steps should be completed to submit a training program for approval:
1. Complete the Alcohol Seller/Server
				Training Data Sheet and review the Seller/Server Training Evaluation form to
				make sure the program will meet the listed criteria; and
2. Submit the Alcohol Seller/Server Training
				Data Sheet and a copy of the proposed training program materials for review.
				Materials submitted should include copies of any lesson plans and instructional
				materials used in the training program.
Requests for certification of training courses should be sent
				  to:
Virginia Alcoholic Beverage Control Authority
Education Section
P.O. Box 27491
Richmond, VA 23261
Email: education@abc.virginia.gov
Persons in charge of any certified alcohol server training
				  course shall maintain complete records of all training classes conducted,
				  including the date and location of each class and the identity of all those
				  successfully completing the course.