3VAC5-30-60. Inducements to retailers; alcohol tapping equipment; bottle or can openers; spirits back-bar pedestals; paper, cardboard or plastic advertising materials; clip-ons and table tents; sanctions and penalties.
A. Any manufacturer, importer, bottler, broker, or wholesaler of alcoholic beverages or representative of such manufacturer, importer, bottler, broker, or wholesaler may sell, rent, lend, buy for, or give to any retailer, without regard to the value thereof, the following:
1. Alcoholic beverage knobs containing advertising, 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 that are not essential in the dispensing of draft beer or wine;
2. Clip-ons and table tents; and
3. Tapping equipment, defined as all the parts of the mechanical system required for dispensing draft beer in a normal manner from the gas pressure 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, which 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.
B. Any manufacturer, importer, bottler, broker, or wholesaler or representative of such manufacturers, importers, bottlers, brokers, or wholesalers may sell to and install in any retailer's establishment dispensing accessories, such as standards, faucets, rods, vents, taps, tap standards, hoses, cold plates, washers, couplings, gas gauges, vent tongues, shanks, and check valves, and carbon dioxide and other gases used in dispensing equipment at a price not less than the cost of the industry member who initially purchased them, and if the price is collected within 30 days of the date of sale. Manufacturers, importers, bottlers, brokers, or wholesalers of alcoholic beverages or the representatives of such manufacturers, importers, bottlers, brokers, or wholesalers may clean and service, either for free or for compensation, coils and other similar equipment used in dispensing alcoholic beverages and may sell solutions or compounds for cleaning alcoholic beverage glasses, provided the reasonable open market price is charged.
C. Any beer tapping equipment may be converted for wine tapping by the beer wholesaler who originally placed the equipment on the premises of the retail licensee, provided that such beer wholesaler is also a wine wholesaler licensee. Moreover, at the time such equipment is converted for wine tapping, it shall be sold, or have previously been sold, to the retail licensee at a price not less than the initial purchase price paid by such wholesaler.
D. Any manufacturer, bottler, or wholesaler of alcoholic beverages may sell or give to any retailer bottle or can openers upon which advertising is displayed, provided the wholesale value of any such openers given to a retailer does not exceed $20. Openers in excess of $20 in wholesale value may be sold, provided the reasonable open market price is charged.
E. Any manufacturer of spirits may sell, lend, buy for, or give to any retail licensee, without regard to the value thereof, back-bar pedestals to be used on the retail premises and upon which advertising regarding spirits may appear.
F. Any manufacturer, importer, bottler, or wholesaler of alcoholic beverages licensed in the Commonwealth may sell ice to retail licensees, provided the reasonable open market price is charged.
Statutory Authority
§ 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-3 § 6, eff. December 12, 1985; amended, Virginia Register Volume 3, Issue 1, eff. November 12, 1986; Volume 4, Issue 6, January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 7, Issue 4, eff. December 19, 1990; Volume 8, Issue 6, eff. January 15, 1992; Volume 9, Issue 6, eff. January 13, 1993; Volume 10, Issue 11, eff. March 23, 1994; Volume 18, Issue 23, eff. August 28, 2002; Volume 21, Issue 19, eff. June 29, 2005; Volume 26, Issue 11, eff. March 5, 2010; Volume 30, Issue 6, eff. December 18, 2013; Volume 33, Issue 8, eff. February 3, 2017; Volume 41, Issue 11, eff. February 12, 2025.