Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Section 3VAC5-70-100 - Gifts of alcoholic beverages generally; exceptions; wine and beer tastings; taxes and records

Current through Register Vol. 40, No. 24, July 15, 2024
A. Gifts
				of alcoholic beverages by a licensee to any other person are prohibited except
				as otherwise provided in this section or as provided in §§
									4.1-119G,
				4.1-201,
				4.1-201.1,
				4.1-206.3,
				4.1-209,
				4.1-215,
				4.1-325,
				and
				4.1-325.2
				of the Code of Virginia.
B. Gifts
				of alcoholic beverages may be made by licensees as follows:
1. Personal friends. Gifts may be made to
				personal friends as a matter of normal social intercourse when in no wise a
				shift or device to evade the provisions of this section.
2. Samples. A representative of a wholesaler,
				winery, brewery, or importer may give a retail licensee a sample serving or a
				container not then sold by such licensee of wine or beer if (i) the licensee is
				licensed to sell such product, provided that in the case of containers, the
				container does not exceed 52 fluid ounces in size (1.5 liters if in a
				metric-sized container) and (ii) the label bears the word "Sample" in lettering
				of reasonable size. Such samples may not be sold. For good cause shown the
				board may authorize a larger sample container. Samples must be obtained from
				licensed wholesalers or purchased from retail licensees in the
				Commonwealth.
3. Gifts by retail
				licensees. An on-premises retail licensee may give a gift of one alcoholic
				beverage to a patron or one bottle of wine to a group of two or more patrons
				provided that such gifts are made to patrons to whom such alcoholic beverages
				may be sold. No subsequent gift shall be provided to the same patrons within 24
				hours.
4. Hospitality rooms;
				conventions. The following activities are permitted:
a. A brewer or vintner may give samples of
				his products to visitors to his winery or brewery for consumption on premises
				only in a hospitality room approved by the board, provided the donees are
				persons to whom such products may be lawfully sold; and
b. A manufacturer, importer, bottler, broker,
				or wholesaler may host an event at conventions of national, regional or
				interstate associations or foundations organized and operated exclusively for
				religious, charitable, scientific, literary, civil affairs, educational or
				national purposes upon the premises occupied by such licensee, or upon property
				of the licensee contiguous to such premises, or in a development contiguous to
				such premises, owned and operated by the licensee or a wholly owned
				subsidiary.
5.
				Conventions; educational programs, including alcoholic beverage tastings;
				research; licensee associations. Manufacturers, importers, bottlers, brokers,
				and wholesalers may donate alcoholic beverages to:
a. A convention, trade association or similar
				gathering, composed of licensees and their guests, when the alcoholic beverages
				donated are intended for consumption during the convention;
b. Retail licensees attending a bona fide
				educational program relating to the alcoholic beverages being given
				away;
c. Research departments of
				educational institutions, or alcoholic research centers, for the purpose of
				scientific research on alcoholism; and
d. Official associations of alcoholic
				beverage industry members when conducting a bona fide educational program
				concerning alcoholic beverages, with no promotion of a particular brand, for
				members and guests of particular groups, associations, or
				organizations.
6.
				Conditions. Exceptions authorized by subdivisions 4 b and 5 of this subsection
				are conditioned upon the following:
a. That
				prior written notice of the activity be submitted to the board describing it
				and giving the date, time and place of such activity; and
b. That the activity be conducted in a room
				or rooms set aside for that purpose and be adequately supervised.