Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 30 - TIED-HOUSE › Section 3VAC5-30-80 - Advertising materials that may be provided to retailers by manufacturers, importers, bottlers, or wholesalers

Current through Register Vol. 40, No. 24, July 15, 2024
A. There shall
				be no cooperative advertising as between a producer, manufacturer, bottler,
				importer, or wholesaler and a retailer of alcoholic beverages, except as may be
				authorized by regulation pursuant to § 4.1-216 of the Code of Virginia.
				The term "cooperative advertising" shall mean the payment or credit, directly
				or indirectly, by any manufacturer, bottler, importer, or wholesaler whether
				licensed in this Commonwealth or not to a retailer for all or any portion of
				advertising done by the retailer.
B. Manufacturers or their authorized vendors
				as defined in § 4.1-216.1 of the Code of Virginia and wholesalers of
				alcoholic beverages may sell, lend, buy for, or give to retailers any
				nonilluminated advertising materials made of paper, cardboard, canvas, rubber,
				foam, or plastic, provided the advertising materials have a wholesale value of
				$40 or less per item. Advertising material referring to any brand or
				manufacturer of spirits may only be provided to mixed beverage licensees and
				may not be provided by beer and wine wholesalers, or their employees, unless
				they hold a spirits solicitor's permit.
C. Manufacturers, bottlers, or wholesalers
				may supply to retailers napkins, placemats, and coasters that contain (i) a
				reference to the name of a brand of nonalcoholic beer or nonalcoholic wine, or
				(ii) a message relating solely to and promoting moderation and responsible
				drinking, which message may contain the name, logo, and address of the
				sponsoring manufacturer, bottler, or wholesaler, provided such recognition is
				subordinate to the message.
D. Any
				manufacturer, including any vendor authorized by any such manufacturer, whether
				or not licensed in the Commonwealth, may sell service items bearing alcoholic
				brand references to on-premises retail licensees. Such retail licensee may
				display the service items on the premises of his licensed establishment. Each
				such retail licensee purchasing such service items shall retain a copy of the
				evidence of his payment to the manufacturer or authorized vendor for a period
				of not less than two years from the date of each sale of the service items. As
				used in this subdivision, "service items" means articles of tangible personal
				property normally used by the employees of on-premises licensees to serve
				alcoholic beverages to customers including, but not limited to, glasses,
				napkins, buckets, and coasters.
E.
				Alcoholic beverage "neckers," recipe booklets, brochures relating to the
				alcoholic beverage manufacturing process, vineyard, brewery, and distillery
				geography, and history of an alcoholic beverage manufacturing area, and
				point-of-sale entry blanks relating to contests and sweepstakes may be provided
				by manufacturers, importers, bottlers, brokers, or wholesalers to retail
				licensees for use on retail premises, if such items are offered to all retail
				licensees equally, and the manufacturer, importer, bottler, broker, or
				wholesaler has obtained the consent, which may be a continuing consent, of each
				retailer or his representative. Wholesale licensees in the Commonwealth may not
				put entry blanks on the package. Solicitors holding permits under the
				provisions of
				3VAC5-60-80 may provide
				point-of-sale entry blanks relating to contests and sweepstakes to mixed
				beverage licensees for use on the premises if such items are offered to all
				mixed beverage licensees equally, and the solicitor has obtained the consent,
				which may be a continuous consent, of each mixed beverage licensee or his
				representative.
F. Manufacturers,
				importers, bottlers, brokers, or wholesalers , or their representatives, may
				supply refund coupons if they are supplied, displayed, and used in accordance
				with 3VAC5-20-90.
G. No manufacturer, bottler, wholesaler, or
				importer of alcoholic beverages, whether licensed in this Commonwealth or not,
				may directly or indirectly sell, rent, lend, buy for, or give to any retailer
				any advertising materials, decorations, or furnishings under any circumstances
				otherwise prohibited by law, nor may any retailer induce, attempt to induce, or
				consent to any such supplier of alcoholic beverages furnishing such retailer
				any such advertising.
H. Any
				advertising materials provided for herein, which may have been obtained by any
				retail licensee from any manufacturer, bottler, broker, importer, or wholesaler
				of alcoholic beverages, may be installed in the interior of the licensed
				establishment by any such industry member or their representatives using any
				normal and customary installation materials. With the consent of the retail
				licensee, which consent may be a continuing consent, manufacturers, importers,
				bottlers, brokers, or wholesalers, or their representatives, may mark or affix
				retail prices on these materials.
I. Every retail licensee who obtains any
				point-of-sale advertising shall keep a complete, accurate, and separate record
				of all such material obtained. Such records shall show (i) the name and address
				of the person from whom obtained; (ii) the date furnished; (iii) the item
				furnished; and (iv) the price charged therefore. All such records, invoices and
				accounts shall be kept by each such licensee at the place designated in the
				license for a period of two years and shall be available for inspection and
				copying by any member of the board or its special agents during reasonable
				hours.
Statutory Authority: § 4.1-111 of the Code of
					 Virginia.