reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 3VAC5-11-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  As provided in § 2.2-4007 of the Code of Virginia, any person may petition
				  the agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 3VAC5-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 3VAC5-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 3VAC5-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02, 4.1-103 and 4.1-111 of the Code
						of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 3VAC5-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 3VAC5-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 20 - ADVERTISING › Section 3VAC5-20-10 - Advertising; generally; cooperative advertising; federal laws; cider; restrictions

Current through Register Vol. 40, No. 24, July 15, 2024
A. All alcoholic
				beverage advertising is permitted in this Commonwealth except that which is
				prohibited or otherwise limited or restricted by regulation of the board . Any
				editorial or other reading matter in any periodical, publication or newspaper
				for the publication of which no money or other valuable consideration is paid
				or promised, directly or indirectly, by or for the benefits of any permittee or
				licensee does not constitute advertising.
B. Advertising of cider, as defined in §
				4.1-213 of the Code of Virginia, shall conform to the requirements for
				advertising beer.
C. The board may
				issue a permit authorizing a variance from any of its advertising regulations
				for good cause shown.
D. No
				advertising shall contain any statement, symbol, depiction or reference that:
1. Would tend to induce minors to drink, or
				would tend to induce persons to consume to excess;
2. Is obscene or is suggestive of any illegal
				activity;
3. Incorporates the use
				of any present or former athlete or athletic team or implies that the product
				enhances athletic prowess; except that, persons granted a license to sell wine
				or beer may display within their licensed premises point-of-sale advertising
				materials that incorporate the use of any present or former professional
				athlete or athletic team, provided that such advertising materials:
(i) otherwise comply with the applicable
				regulations of the appropriate federal agency and
(ii) do not depict any athlete consuming or
				about to consume alcohol prior to or while engaged in an athletic activity, do
				not depict an athlete consuming alcohol while the athlete is operating or about
				to operate a motor vehicle or other machinery, and do not imply that the
				alcoholic beverage so advertised enhances athletic prowess;
4. Is false or misleading in any
				material respect;
5. Implies or
				indicates, directly or indirectly, that the product is government endorsed by
				the use of flags, seals or other insignia or otherwise;
6. Makes any reference to the intoxicating
				effect of any alcoholic beverages;
7. Constitutes or contains a contest or
				sweepstakes where a purchase is required for participation; or
8. Constitutes or contains an offer to pay or
				provide anything of value conditioned on the purchase of alcoholic beverages,
				except for refund coupons and combination packaging . Any such combination
				packaging shall be limited to packaging provided by the manufacturer that is
				designed to be delivered intact to the consumer.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 20 - ADVERTISING › Section 3VAC5-20-20 - Advertising; interior; retail licensees

Current through Register Vol. 40, No. 24, July 15, 2024
A. As used in this section, the term
				"advertising materials" means any tangible property of any kind which utilizes
				words or symbols making reference to any brand or manufacturer of alcoholic
				beverages; except when used in the advertisement of nonalcoholic beer or
				nonalcoholic wine in accordance with
				3VAC5-20-10 E.
B. Retail licensees may use any advertising
				materials having a wholesale value of not more than $250 per item that comply
				with 3VAC5-20-10 inside licensed retail
				establishments. Advertising materials may not be illuminated, except for back
				bar pedestals upon which advertising matter regarding spirits may
				appear.
Statutory Authority
§§ 4.1-111 and 4.1-320 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 20 - ADVERTISING › Section 3VAC5-20-30 - Advertising; exterior

Current through Register Vol. 40, No. 24, July 15, 2024
Outdoor alcoholic beverage advertising shall comply with
				  3VAC5-20-10 and shall be limited as
				  follows:
1. No outdoor alcoholic
				beverage advertising shall depict persons consuming alcoholic beverages, use
				cartoon characters in any way, or use persons who have not attained the minimum
				drinking age as models or actors.
2. No outdoor alcoholic beverage advertising
				shall be placed in violation of § 4.1-112.2 of the Code of
				Virginia.
3. No outdoor alcoholic
				beverage advertising shall be placed on property zoned exclusively for
				agricultural or residential uses, or on unzoned property.
4. All outdoor alcoholic beverage advertising
				must also comply with the provisions of Chapter 7 (§ 33.1-351 et seq.) of
				Title 33.1 of the Code of Virginia and the regulations of the Virginia
				Department of Transportation promulgated pursuant thereto.
5. No alcoholic beverage manufacturer,
				importer, or wholesale licensee may sell, rent, lend, buy for, or give to any
				retail licensee any outdoor alcoholic beverage advertising, any billboard
				placements for such advertising, or in any other way confer on any retail
				licensee anything of value that constitutes outdoor alcoholic beverage
				advertising.
6. No alcoholic
				beverage manufacturer, importer, or wholesale licensee may engage in
				cooperative advertising, as defined in
				3VAC5-30-80, on behalf of any
				retail licensee.
7. No alcoholic
				beverage manufacturer or importer may require a wholesale licensee to place
				outdoor alcoholic beverage advertising or exercise control over the funds of a
				wholesale licensee for any purpose, including but not limited to the purchase
				of outdoor alcoholic beverage advertising.
Statutory Authority: §§ 4.1-111 and 4.1-320 of
					 the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 20 - ADVERTISING › Section 3VAC5-20-40 - Advertising; print and electronic media

Current through Register Vol. 40, No. 24, July 15, 2024
A. Alcoholic beverage advertising in the
				print or electronic media is permitted with the following requirements and
				conditions:
1. All alcoholic beverage
				advertising shall include the name and address (street address optional) of the
				responsible advertiser.
2.
				Advertisements of alcoholic beverages are prohibited in publications not of
				general circulation that are distributed or intended to be distributed
				primarily to persons under 21 years of age All advertisements of alcoholic
				beverages are prohibited in publications distributed or intended to be
				distributed primarily to a high school or younger age level.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 20 - ADVERTISING › Section 3VAC5-20-60 - Advertising; novelties and specialties

Current through Register Vol. 40, No. 24, July 15, 2024
Distribution of novelty and specialty items, including
				  wearing apparel, bearing alcoholic beverage advertising, shall be subject to
				  the following limitations and conditions:
1. Items not in excess of $10 in wholesale
				value may be given away;
2.
				Manufacturers, importers, bottlers, brokers, wholesalers or their
				representatives may give licensed retailers items not in excess of $10 in
				wholesale value in quantities equal to the number of employees of the retail
				establishment present at the time the items are delivered. Thereafter, such
				employees may wear or display the items on the licensed premises. Neither
				manufacturers, importers, bottlers, brokers, wholesalers or their
				representatives may give such items to patrons on the premises of retail
				licensees; however, manufacturers or their authorized representatives other
				than wholesalers conducting tastings pursuant to the provisions of §
				4.1-201.1 of the Code of Virginia may give no more than one such item to each
				consumer provided a sample of alcoholic beverages during the tasting event; and
				such items bearing moderation and responsible drinking messages may be
				displayed by the licensee and his employees on the licensed premises and given
				to patrons on such premises as long as any references to any alcoholic beverage
				manufacturer or its brands are subordinate in type size and quantity of text to
				such moderation message;
3. Items
				in excess of $10 in wholesale value may be donated by distilleries, wineries
				and breweries only to participants or entrants in connection with the
				sponsorship of conservation and environmental programs, professional,
				semi-professional or amateur athletic and sporting events subject to the
				limitations of
				3VAC5-20-100, and for events of a
				charitable or cultural nature;
4.
				Items may be sold by mail upon request or over-the-counter at retail
				establishments customarily engaged in the sale of novelties and specialties,
				provided they are sold at the reasonable open market price in the localities
				where sold;
5. Wearing apparel
				shall be in adult sizes;
6.
				Point-of-sale order blanks, relating to novelty and specialty items, may be
				provided by beer and wine wholesalers to retail licensees for use on their
				premises, if done for all retail licensees equally and after obtaining the
				consent, which may be a continuing consent, of each retailer or his
				representative. Wholesalers may not be involved in the redemption process;
				and
7. Novelty and specialty items
				bearing alcoholic beverage advertising may not be distributed to persons
				younger than the legal drinking age.
Statutory Authority: §§ 4.1-111 and 4.1-320 of
					 the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 20 - ADVERTISING › Section 3VAC5-20-90 - Advertising; coupons

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				"Normal retail price" shall mean the average retail price of the brand and size
				of the product in a given market and not a reduced or discounted
				price.
B. Coupons may be advertised
				in accordance with the following conditions and restrictions:
1. Manufacturers or importers of spirits,
				wine, and beer may use only consumer submitted refund, not instantly redeemable
				discount, coupons. The coupons may not exceed 50% of the normal retail price
				and may not be honored at a retail outlet or state government store but shall
				be submitted directly to the manufacturer or importer or its designated agent.
				Such agent may not be a wholesaler or retailer of alcoholic beverages. Consumer
				proof of purchase (such as a dated, retail specific receipt) is required for
				redemption of all consumer coupons. Coupons are permitted in the print media,
				via the Internet, by direct mail or electronic mail to consumers, or as part
				of, or attached to, the package. Manufacturers, importers, bottlers, brokers,
				wholesalers, and their representatives may provide coupon pads to retailers for
				use by retailers on their premises if done for all retail licensees equally and
				after obtaining the consent, which may be a continuing consent, of each
				retailer or retailer's representative. Wholesale licensees may attach refund
				coupons to the package if done for all retail licensees equally and after
				obtaining the consent, which may be a continuing consent, for each retailer or
				retailer's representative.
2.
				Manufacturers or importers offering refund coupons on spirits and wine sold in
				state government stores shall notify the board at least 15 days in advance of
				the issuance of the coupons of its amount, its expiration date, and the area of
				the Commonwealth in which it will be primarily used if not used
				statewide.
3. Wholesale licensees
				are not permitted to offer coupons.
4. Retail licensees may offer coupons,
				including their own discount or refund coupons, on wine and beer sold for
				off-premises consumption only. Retail licensees may offer their own coupons in
				the print media, at the point-of-sale, or by direct mail to
				consumers.
5. No retailer may be
				paid a fee by manufacturers or wholesalers of alcoholic beverages for display
				or use of coupons, and the name of the retail establishment may not appear on
				any refund coupons offered by manufacturers. No manufacturer or wholesaler may
				furnish any coupons or materials regarding coupons to retailers that are
				customized or designed for discount or refund by the retailer.
6. Retail licensees or employees thereof may
				not receive refunds on coupons obtained from the packages before sale at
				retail.
7. No coupons may be
				honored for any individual younger than the legal age for purchase.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 20 - ADVERTISING › Section 3VAC5-20-100 - Advertising; sponsorship of public events; restrictions and conditions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Generally.
				Alcoholic beverage advertising in connection with the sponsorship of public
				events shall be limited to sponsorship of conservation and environmental
				programs, professional, semi-professional, or amateur athletic and sporting
				events and events of a charitable or cultural nature by distilleries, wineries,
				breweries, importers, and bottlers.
B. Restrictions and conditions.
1. Any sponsorship on a college, high school
				or younger age level is prohibited;
2. Cooperative advertising, as defined in
				3VAC5-30-80, is
				prohibited;
3. Awards or
				contributions of alcoholic beverages are prohibited;
4. Advertising of alcoholic beverages shall
				conform in size and content to the other advertising concerning the event and
				advertising regarding charitable events shall place primary emphasis on the
				charitable fund raising nature of the event;
5. A charitable event is one held for the
				specific purpose of raising funds for a charitable organization which is exempt
				from federal and state taxes;
6.
				Advertising in connection with the sponsorship of an event may be in any media,
				such as print media, the Internet or other electronic means, television, or
				radio; by direct mail or flyers to consumers; on programs, tickets, and
				schedules for the event; on the inside of licensed or unlicensed retail
				establishments; and at the site of the event;
7. Advertising materials as defined in
				3VAC5-30-60 G, table tents as
				defined in 3VAC5-30-60 H and canisters are
				permitted;
8. Prior written notice
				shall be submitted to the board describing the nature of the sponsorship and
				giving the date, time and place of it; and
9. Manufacturers may sponsor public events
				and wholesalers may only cosponsor charitable events.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 30 - TIED-HOUSE › Section 3VAC5-30-10 - Rotation and exchange of stocks of retailers by wholesalers; permitted and prohibited acts

Current through Register Vol. 40, No. 24, July 15, 2024
A. Permitted
				acts. Manufacturers, importers, bottlers, brokers, or wholesalers , or their
				representatives, may perform, except on Sundays in jurisdictions where local
				ordinances restrict Sunday sales of alcoholic beverages, the following services
				for a retailer upon consent, which may be a continuing consent, of the
				retailer:
1. Rotate, repack, and rearrange
				alcoholic beverages in a display (shelves, coolers, cold boxes, and the like,
				and floor displays in a sales area);
2. Restock alcoholic beverages;
3. Rotate, repack, rearrange, and add to his
				own stocks of alcoholic beverages in a storeroom space assigned to him by the
				retailer;
4. Transfer alcoholic
				beverages between storerooms, between displays, and between storerooms and
				displays; and
5. Create or build
				original displays using alcoholic beverages only.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 30 - TIED-HOUSE › Section 3VAC5-30-20 - Restrictions upon employment; exceptions

Current through Register Vol. 40, No. 24, July 15, 2024
No retail licensee shall employ in any capacity in his
				  licensed business any person engaged or employed in the manufacturing, bottling
				  or wholesaling of alcoholic beverages; nor shall any licensed manufacturer,
				  bottler or wholesaler employ in any capacity in his licensed business any
				  person engaged or employed in the retailing of alcoholic beverages.
This section shall not apply to banquet licensees, farm
				  winery licensees, or off-premises winery licensees, nor shall this section
				  apply in any situation in which the manufacturer, bottler, or wholesaler does
				  not sell or otherwise furnish, directly or indirectly, alcoholic beverages or
				  other merchandise to the retailer.
Statutory Authority: § 4.1-111 of the Code of
					 Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 30 - TIED-HOUSE › Section 3VAC5-30-30 - Payment and recordkeeping requirements for certain transactions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Sales of wine
				or beer between wholesale and retail licensees of the authority shall be for
				cash paid and collected at the time of or prior to delivery, except where
				payment is to be made by electronic fund transfer as provided in this section.
				Each invoice covering such a sale or any other sale shall be signed by the
				purchaser at the time of delivery and shall specify the manner of
				payment.
B. "Cash," as used in this
				section, shall include (i) legal tender of the United States, (ii) a money
				order issued by a duly licensed firm authorized to engage in such business in
				the Commonwealth, (iii) a valid check drawn upon a bank account in the name of
				the licensee or permittee or in the trade name of the licensee or permittee
				making the purchase, or (iv) an electronic fund transfer, initiated by a
				wholesaler pursuant to subsection D of this section, from a bank account in the
				name or trade name of the retail licensee making a purchase from a wholesaler
				or the authority.
C. If a check,
				money order, or electronic fund transfer is used, the following provisions
				apply:
1. If only alcoholic beverage
				merchandise is being sold, the amount of the checks, money orders, or
				electronic fund transfers shall be no larger than the purchase price of the
				alcoholic beverages; and
2. If
				nonalcoholic merchandise is also sold to the retailer, the check, money order,
				or electronic fund transfer may be in an amount no larger than the total
				purchase price of the alcoholic beverages and nonalcoholic beverage
				merchandise. If a separate invoice is used for the nonalcoholic merchandise, a
				copy of it shall be attached to the copies of the alcoholic beverage invoices
				that are retained in the records of the wholesaler and the retailer. If a
				single invoice is used for both the alcoholic beverages and nonalcoholic
				beverage merchandise, the alcoholic beverage items shall be separately
				identified and totaled.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 30 - TIED-HOUSE › Section 3VAC5-30-40 - Deposits on containers required; records; redemption of deposits; exceptions

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Wholesalers shall collect in cash, at or prior to the time of delivery of any
				beer sold to a retail licensee, the following minimum deposit charges on
				containers:
Bottles having a capacity of not more than 12 oz
$.02
Bottles having a capacity of more than 12 oz. but not
						  more than 32 oz
$.04
Cardboard, fibre or composition cases other than for 1
						  1/8 -or 2 1/4-gallon kegs
$.02
Cardboard, fibre or composition cases for 1 1/8- or 2
						  1/4-gallon kegs
$.50
Kegs, 1 1/8-gallon
$1.75
Kegs, 2 1/4-gallon
$3.50
Kegs, 1/4-barrel
$4.00
Kegs, 1/2-barrel
$6.00
Keg covers, 1/4-barrel
$4.00
Keg covers, 1/2-barrel
$6.00
Tapping equipment for use by consumers
$10.00
Cooling tubs for use by consumers
$5.00
Cold plates for use by consumers
$15.00
B.
				The sales ticket or invoice shall reflect the deposit charge and shall be
				preserved as a part of the licensee's records.
C. Deposits shall be refunded upon the return
				of containers in good condition.
D.
				Deposits shall not be required on containers sold as nonreturnable
				items.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 30 - TIED-HOUSE › Section 3VAC5-30-50 - Solicitation of licensees by wine and beer solicitor salesmen or representatives

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				permit is not required to solicit or promote wine or beer to wholesale or
				retail licensees, including mixed beverage licensees, by a wine or beer
				solicitor salesman who represents any winery, brewery, wholesaler or importer
				licensed in this Commonwealth engaged in the sale of wine and beer. Further, a
				permit is not required to sell (which shall include the solicitation or receipt
				of orders) wine or beer to wholesale or retail licensees, including mixed
				beverage licensees, by a wine or beer solicitor salesman who represents any
				winery, brewery or wholesaler licensed in this Commonwealth engaged in the sale
				of wine and beer.
B. A permit is
				required to solicit or promote wine or beer to wholesale or retail licensees,
				including mixed beverage licensees, by a wine or beer solicitor salesman or
				representative of any out-of-state wholesaler engaged in the sale of wine or
				beer. A permit under this section shall not authorize the sale of wine by the
				permittee, the direct solicitation or receipt of orders for wine, or the
				negotiation of any contract or contract terms for the sale of wine unless such
				sale, receipt or negotiations are conducted in the presence of a licensed
				Virginia wholesaler or importer or such Virginia wholesaler's or importer's
				solicitor salesman or representative. In order to obtain a permit, a person
				shall:
1. Register with the board by filing an
				application on such forms as prescribed by the board; and
2. Be 18 years old or older to solicit or
				promote the sale of wine or beer, and may not be employed at the same time by
				an out-of-state wholesaler engaged in the sale of wine or beer and by a
				licensee to solicit the sale of or sell wine or beer, and shall not be in
				violation of
				3VAC5-30-20.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 30 - TIED-HOUSE › Section 3VAC5-30-60 - Inducements to retailers; beer and wine tapping equipment; bottle or can openers; spirits back-bar pedestals; banquet licensees; paper, cardboard or plastic advertising materials; clip-ons and table tents; sanctions and penalties

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
				manufacturer, importer, bottler, broker, or wholesaler, or its representative,
				may sell, rent, lend, buy for, or give to any retailer, without regard to the
				value thereof, the following:
1. Draft beer
				or wine knobs, containing advertising matter which shall include the brand name
				and may further include only trademarks, housemarks and slogans and shall not
				include any illuminating devices or be otherwise adorned with mechanical
				devices which are not essential in the dispensing of draft beer or wine;
				and
2. Tapping equipment, defined
				as all the parts of the mechanical system required for dispensing draft beer in
				a normal manner from the carbon dioxide tank through the beer faucet, excluding
				the following:
a. The carbonic acid gas in
				containers, except that such gas may be sold only at the reasonable open market
				price in the locality where sold;
b. Gas pressure gauges (may be sold at
				cost);
c. Draft arms or
				standards;
d. Draft
				boxes;
e. Refrigeration equipment
				or components thereof; and
f.
				Carbon dioxide filters, which may be provided and installed without cost.
Further, a manufacturer, bottler or wholesaler may sell, rent
				  or lend to any retailer, for use only by a purchaser of draft beer in kegs or
				  barrels from such retailer, whatever tapping equipment may be necessary for the
				  purchaser to extract such draft beer from its container.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 30 - TIED-HOUSE › Section 3VAC5-30-70 - Routine business entertainment; definition; permitted activities; conditions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Nothing in
				this chapter shall prohibit a wholesaler , manufacturer, importer, or broker of
				alcoholic beverages licensed in the Commonwealth from providing a retail
				licensee "routine business entertainment" which is defined as those activities
				enumerated in subsection B of this section.
B. Permitted activities are:
1. Meals and beverages;
2. Concerts, theatre and arts
				entertainment;
3. Sports
				participation and entertainment;
4.
				Entertainment at charitable events;
5. Private parties; and
6. Local transportation in order to attend
				one or more of the activities permitted by this subsection.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 30 - TIED-HOUSE › Section 3VAC5-30-90 - Price discrimination; inducements

Current through Register Vol. 40, No. 24, July 15, 2024
A. No wholesale wine or beer licensee shall
				discriminate in price of alcoholic beverages between different retail
				purchasers except where the difference in price charged by such wholesale
				licensee is due to:
1. Acceptance or
				rejection by a retail purchaser of terms or conditions affecting a price offer,
				including a quantity discount, as long as such terms or conditions are offered
				on an equal basis to all retailers;
2. A bona fide difference in the cost of sale
				or delivery; or
3. The wholesale
				licensee charging a lower price in good faith to meet an equally low price
				charged by a competing wholesale licensee on a brand and package of like grade
				and quality.
Where such difference in price charged to any such retail
				  purchaser does occur, the board may ask for and the wholesale licensee shall
				  furnish written substantiation for the price difference.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 30 - TIED-HOUSE › Form - FORMS (3VAC5-30)

Current through Register Vol. 40, No. 24, July 15, 2024
Distributor's Wine Invoice, #703-35 (eff. 6/85).
Wholesaler's Report of Dishonored Checks, #805-16 (eff.
				  2/92).
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 40 - REQUIREMENTS FOR PRODUCT APPROVAL › Section 3VAC5-40-10 - Spirits; labels, definitions and standards of identity

Current through Register Vol. 40, No. 24, July 15, 2024
Spirits sold in the Commonwealth shall conform with
				  regulations adopted by the appropriate federal agency, relating to labels,
				  definitions, standards of identity, and standards of fill. In addition, the
				  prior approval of the board must be obtained as to the spirits, containers and
				  labels. The board may request a copy of the federal certificate of label
				  approval before a product is approved for sale.
Subsequent sales under an approved label shall conform to the
				  analysis of the spirits originally approved by the board, and be packaged in
				  approved types and sizes of containers.
Statutory Authority: §§ 4.1-103 and 4.1-111 of
					 the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 40 - REQUIREMENTS FOR PRODUCT APPROVAL › Section 3VAC5-40-20 - Wine and beer; qualifying procedures; disqualifying factors; samples; exceptions

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Except as provided in subsection F of this section, all wine and beer sold in
				the Commonwealth shall be first approved by the board as to content, container,
				and label.
1. All wine and beer sold in this
				Commonwealth shall conform with regulations adopted by the appropriate federal
				agency, relating to labels, definitions and standards of identity. An
				application acceptable to the board or on a form prescribed by the board
				describing the merchandise shall be submitted for each new brand and type of
				wine or beer offered for sale in the Commonwealth. Applicants shall submit a
				copy of the approval of the label by such federal agency. A registration fee in
				such amount as may be established by the board shall be included with each
				application.
2. A gift package
				containing wine or beer for which label approval has been granted may be sold
				without additional approval by the board.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 40 - REQUIREMENTS FOR PRODUCT APPROVAL › Section 3VAC5-40-30 - Wine and beer containers; sizes and types; on-premises and off-premises limitations; cooler-dispensers; novel containers; carafes and decanters

Current through Register Vol. 40, No. 24, July 15, 2024
A. Wine and beer
				may be sold at retail only in or from the original containers of the sizes that
				have been approved by the appropriate federal agency, except that farm winery
				licensees may conduct barrel tastings at the winery, at which samples of wine
				not yet bottled may be sold to visitors to the winery. Each farm winery
				conducting a barrel tasting shall measure the wine withdrawn for the tasting,
				maintain full and complete records, and remit the taxes imposed by §
				4.1-234 of the Code of Virginia.
B.
				Wine sold for on-premises consumption shall not be removed from the licensed
				premises except in the original container with closure. Beer dispensed for
				on-premises consumption shall not be removed from authorized areas upon the
				premises. No wine or beer shall be sold for off-premises consumption in any
				container upon which the original closure has been broken, except for a
				growler. A "growler" is defined as a resealable container made of glass,
				ceramic, metal . , or other materials approved by the board as well as
				resealable containers approved by the board.
1. Beer and cider may be sold for
				off-premises consumption by persons licensed to sell beer and cider for
				off-premises consumption in growlers with a maximum capacity of 128 fluid
				ounces or if in metric size containers, four liters.
2. Wine may be sold for off-premises
				consumption in growlers with a maximum capacity of 64 fluid ounces or, for
				metric size containers, two liters. Wine sold in growlers may only be sold by
				persons licensed to sell wine for both on-premises and off-premises consumption
				and by gourmet shop licensees. Wine sold by gourmet shop licensees shall be
				labeled with the (i) manufacturer's name or trade name, (ii) place of
				production, (iii) net contents in fluid ounces, and (iv) name and address of
				the retailer.
3. Retail licensees
				licensed to sell wine and beer for both on-premises and off-premises
				consumption and gourmet shop licensees licensed for off-premises consumption
				may sell wine and beer in sealed containers made of metal or other materials
				approved by the board with a maximum capacity of 32 fluid ounces or if in
				metric size containers, one liter, provided that the alcoholic beverages are
				placed in the container following an order from the consumer.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 40 - REQUIREMENTS FOR PRODUCT APPROVAL › Section 3VAC5-40-40 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 4.1-103 and 4.1-111 of
					 the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 40 - REQUIREMENTS FOR PRODUCT APPROVAL › Section 3VAC5-40-50 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 4.1-103 and 4.1-111 of
					 the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 40 - REQUIREMENTS FOR PRODUCT APPROVAL › Form - FORMS (3VAC5-40)

Current through Register Vol. 40, No. 24, July 15, 2024
Order and Permit for Transportation of Alcohol, #703-69
				  (eff. 11/87).
Order and Permit for Transportation of Alcoholic Beverages,
				  #703-73.
Mixed Beverage Annual Review-Instructions for Completion,
				  #805-44 (rev. 11/06).
Application for Off Premises Keg Permit, #805-45 (rev.
				  07/98).
Application for License, #805-52 (rev. 06/04).
Application for Grain Alcohol Permit, #805-75.
Special Event License Application Addendum-Notice to Special
				  Event Licenses Applicants, Form SE-1 (rev. 08/02).
Statement of Income & Expenses for Special Event
				  Licenses (with instructions), Form SE-2 (rev. 08/02).
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-10 - Restrictions upon sale and consumption of alcoholic beverages

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as may be
				otherwise permitted under subdivision 7 of §
									4.1-200 of the Code of Virginia,
				no licensee shall sell any alcoholic beverage to a person whom he shall know,
				or have reason at the time to believe, is:
1.
				Under the age of 21 years;
2.
				Intoxicated; or
3. An interdicted
				person.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-20 - Determination of legal age of purchaser

Current through Register Vol. 40, No. 24, July 15, 2024
A. In determining whether a licensee, or his
				employee or agent, has reason to believe that a purchaser is not of legal age,
				the board will consider, but is not limited to, the following factors:
1. Whether an ordinary and prudent person
				would have reason to doubt that the purchaser is of legal age based on the
				general appearance, facial characteristics, behavior and manner of the
				purchaser; and
2. Whether the
				seller demanded, was shown and acted in good faith in reliance upon bona fide
				evidence of legal age, as defined herein, and that evidence contained a
				photograph and physical description consistent with the appearance of the
				purchaser.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-30 - Restricted hours; exceptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The hours during which licensees shall not
				sell or permit to be consumed upon their licensed premises any wine, beer or
				mixed beverages shall be as follows:
1. In
				localities where the sale of mixed beverages has been authorized:
a. For on-premises sale and consumption: 2
				a.m. to 6 a.m.
b. For off-premises
				sale: 12 a.m. to 6 a.m.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-50 - Restrictions upon employment of minors

Current through Register Vol. 40, No. 24, July 15, 2024
No person licensed to sell alcoholic beverages at retail
				  shall permit any employee under the age of 18 years to sell, serve or dispense
				  in any manner any alcoholic beverage in his licensed establishment for
				  on-premises consumption, nor shall such person permit any employee under the
				  age of 21 years to prepare or mix alcoholic beverages in the capacity of a
				  bartender. "Bartender" is defined as a person who sells, serves or dispenses
				  alcoholic beverages for on-premises consumption at a counter, as defined in
				  3VAC5-50-110, and does not include
				  a person employed to serve food and drink to patrons at tables as defined in
				  that section. However, a person who is 18 years of age or older may sell or
				  serve beer for on-premises consumption at a counter in an establishment that
				  sells beer only, or may sell or serve wine for on-premises consumption in an
				  establishment that sells wine only.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-60 - Mixed beverage licensees generally; sales of spirits in closed containers; suspension of purchase privileges

Current through Register Vol. 40, No. 24, July 15, 2024
A. No mixed beverage restaurant or carrier
				licensee shall:
1. Serve as one drink the
				entire contents of a container of spirits in its original container for
				on-premises consumption except as provided by subsections C, D, and E of this
				section.
2. Sell any mixed beverage
				to which alcohol has been added.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-70 - Restrictions on construction, arrangement and lighting of licensed premises; inspections; obstruction; "reasonable hours."

Current through Register Vol. 40, No. 24, July 15, 2024
A. The construction, arrangement and
				illumination of the dining areas and designated areas and the seating
				arrangements therein of a licensed establishment shall be such as to permit
				ready access and reasonable observation by law-enforcement officers and by
				special agents of the board. The interior lighting shall be sufficient to
				permit ready discernment of the appearance and conduct of patrons in all
				portions of such areas.
B. The
				board and its special agents shall be allowed free access during reasonable
				hours to every place in the Commonwealth where alcoholic beverages are
				manufactured, bottled, stored, offered for sale or sold, for the purpose of
				examining and inspecting such place.
C. In addition to special agents, other
				law-enforcement officers in the performance of their official duties shall be
				allowed free access to any retail licensed establishment for the purpose of
				observation of activities on those licensed premises during reasonable
				hours.
D. Any person who by use of
				threats, force or intimidation impedes or obstructs any special agent or other
				law-enforcement officer in the performance of his official duties from entering
				or remaining upon any licensed establishment shall be guilty of a violation of
				this regulation and shall be subject to the penalty prescribed by §
				4.1-349 of the Code of Virginia.
E.
				For the purposes of this regulation, the term "reasonable hours" shall be
				deemed to include all business hours of operation and any other time at which
				there exists any indication of activity upon the licensed premises.
Statutory Authority
§§ 4.1-103, 4.1-111, 4.1-204, 4.1-222 and
					 4.1-325 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-80 - Entreating, urging or enticing patrons to purchase prohibited

Current through Register Vol. 40, No. 24, July 15, 2024
No retail licensee shall entreat, urge or entice any patron
				  of his establishment to purchase any alcoholic beverage; nor shall such
				  licensee allow any other person to so entreat, urge or entice a patron upon his
				  licensed premises. Entreating, urging or enticing shall include, but not be
				  limited to, placing alcoholic beverages in containers of ice which are visible,
				  located in public display areas and available to patrons of retail
				  establishments for off-premises sales, except for farm winery licensees
				  operating at a remote location in connection with a wine festival. Knowledge by
				  a manager of the licensee of a violation of this section shall be imputed to
				  the licensee.
This section shall not be construed to prohibit the taking of
				  orders in the regular course of business, the purchase of a drink by one patron
				  for another patron as a matter of normal social intercourse, nor advertising in
				  accordance with regulations of the board.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.