Virginia Law

Agency 5. Virginia Alcoholic Beverage Control Authority

Preface

Agency Summary

Chapter 10

Procedural Rules for the Conduct of Hearings Before the Board and Its Hearing OfficersRead all

Part I

Hearings Before Hearing Officers

Section 10

Appearance

Section 20

Argument

Section 30

Attorneys; Representation

Section 40

Communications

Section 50

Complaints

Section 60

Continuances

Section 70

Decisions

Section 80

Docket

Section 90

Evidence

Section 100

Hearings; Penalty

Section 110

Hearing Officers

Section 120

Interested Parties

Section 130

Motions or Requests

Section 140

Notice of Hearings

Section 150

Consent Settlement

Section 160

Offers in Compromise

Section 170

Record

Section 180

Rehearings

Section 190

Self-Incrimination

Section 200

Subpoenas

Section 210

Witnesses

Section 220

Pre-Hearing Conferences

Section 230

Agency Representation

Part II

Hearings Before the Board

Section 240

Appeals

Section 250

Attorneys; Representation

Section 260

Communications

Section 270

Continuances

Section 280

Decision of the Board

Section 290

Evidence

Section 300

Hearings

Section 310

Motions or Requests

Section 320

Notice of Hearing

Section 330

Record

Section 340

Rehearings and Reconsideration

Section 350

Scope of Hearing

Part III

Wine and Beer Franchise Acts

Section 360

Complaints

Section 370

Hearings

Section 380

Appeals

Section 390

Hearings on Notification of Price Increases

Section 400

Discovery, Prehearing Procedures and Production at Hearings; Definitions

Part IV

Telephone Hearings

Section 410

Applicability

Section 420

Appearance

Section 430

Argument

Section 440

Documentary Evidence

Section 450

Hearings

Section 460

Notice of Hearing

Section 470

Witnesses

Section 480

[Repealed]

DIBR

Documents Incorporated by Reference (3VAC5-10)

Chapter 11

Public Participation GuidelinesRead all

Part I

Purpose and Definitions

Section 10

Purpose

Section 20

Definitions

Part II

Notification of Interested Persons

Section 30

Notification List

Section 40

Information to Be Sent to Persons on the Notification List

Part III

Public Participation Procedures

Section 50

Public Comment

Section 60

Petition for Rulemaking

Section 70

Appointment of Regulatory Advisory Panel

Section 80

Appointment of Negotiated Rulemaking Panel

Section 90

Meetings

Section 100

Public Hearings on Regulations

Section 110

Periodic Review of Regulations

Chapter 20

AdvertisingRead all

Section 10

Advertising; Generally; Cooperative Advertising; Federal Laws; Cider; Restrictions

Section 20

Advertising; Interior; Retail Licensees

Section 30

Advertising; Exterior

Section 40

Advertising; Print and Electronic Media

Section 50

[Repealed]

Section 60

Advertising; Novelties and Specialties

Section 70

[Repealed]

Section 80

[Repealed]

Section 90

Advertising; Coupons

Section 100

Advertising; Sponsorship of Public Events; Restrictions and Conditions

Chapter 30

Tied-HouseRead all

Section 10

Rotation and Exchange of Stocks of Retailers by Wholesalers; Permitted and Prohibited Acts

Section 20

Restrictions Upon Employment; Exceptions

Section 30

Payment and Recordkeeping Requirements for Certain Transactions

Section 40

Deposits on Containers Required; Records; Redemption of Deposits; Exceptions

Section 50

Solicitation of Licensees by Wine and Beer Solicitor Salesmen or Representatives

Section 60

Inducements to Retailers; Beer and Wine Tapping Equipment; Bottle or Can Openers; Spirits Back-Bar Pedestals; Banquet Licensees; Paper...

Section 70

Routine Business Entertainment; Definition; Permitted Activities; Conditions

Section 80

Advertising Materials That May Be Provided to Retailers by Manufacturers, Importers, Bottlers, or Wholesalers

Section 90

Price Discrimination; Inducements.

FORMS

Forms (3VAC5-30)

Chapter 40

Requirements for Product ApprovalRead all

Section 10

Spirits; Labels, Definitions and Standards of Identity

Section 20

Wine and Beer; Qualifying Procedures; Disqualifying Factors; Samples; Exceptions

Section 30

Wine and Beer Containers; Sizes and Types; on-Premises and Off-Premises Limitations; Cooler-Dispensers; Novel Containers; Carafes and Decanters

Section 40

[Repealed]

Section 50

[Repealed]

FORMS

Forms (3VAC5-40)

Chapter 50

Retail OperationsRead all

Section 10

Restrictions Upon Sale and Consumption of Alcoholic Beverages

Section 20

Determination of Legal Age of Purchaser

Section 30

Restricted Hours; Exceptions

Section 40

Designated Managers of Licensees; Appointment Generally; Disapproval by Board; Restrictions...

Section 50

Restrictions Upon Employment of Minors

Section 60

Mixed Beverage Licensees Generally; Sales of Spirits in Closed Containers; Suspension of Purchase Privileges

Section 70

Restrictions on Construction, Arrangement and Lighting of Licensed Premises; Inspections; Obstruction; "Reasonable Hours"

Section 80

Entreating, Urging or Enticing Patrons to Purchase Prohibited

Section 90

Storage of Alcoholic Beverages Generally; Permits for Storage; Exception

Section 100

Definitions and Qualifications for Retail Off-Premises Wine and Beer Licenses and Off-Premises Beer...

Section 110

Definitions and Qualifications for Retail on-Premises and on-Premises and Off-Premises Licenses Generally; Mixed Beverage Licensee Requirements; Exceptions; Temporary Licenses

Section 120

[Repealed]

Section 130

Clubs; Applications; Qualifications; Reciprocal Arrangements; Changes; Financial Statements

Section 140

Prohibited Conduct on Licensed Premises

Section 150

Off-Premises Deliveries on Licensed Retail Premises; "Drive Through" Establishments

Section 160

Happy Hour and Related Promotions; Definitions; Exceptions

Section 170

Caterer's License; Qualifications; Privileges; Restrictions and Conditions

Section 180

Volunteer Fire Departments or Volunteer Rescue Squads; Banquet Facility Licenses; Restrictions and Conditions

Section 190

Bed and Breakfast Licenses; Restrictions and Conditions

Section 200

Gift Shops; Wine and Beer Off-Premises Licenses; Conditions; Records; Inspections

Section 210

Manner of Compensation of Employees of Retail Licensees

Section 220

Interests in the Businesses of Licensees

Section 230

Dessert Wines

Section 240

Alcoholic Energy Drinks

Section 250

Confectionery; Definition; Restrictions; Labeling

Section 260

Marketplace License; Qualifications; Application

FORMS

Forms (3VAC5-50)

Chapter 60

Manufacturers and Wholesalers OperationsRead all

Section 10

Solicitor Salesmen; Records; Employment Restrictions; Suspension or Revocation of Permits

Section 20

Wines; Purchase Orders Generally; Wholesale Wine Licensees

Section 25

Winery, Farm Winery, and Brewery Licenses; Reports

Section 30

Procedures for Retail Off-Premises Winery Licenses; Purchase Orders; Segregation, Identification and Storage

Section 40

Indemnifying Bond Required of Wholesale Wine Licenses

Section 50

Records Required of Distillers, Winery Licensees and Farm Winery Licensees; Procedures for Distilling for Another; Farm Wineries

Section 60

Wine or Beer Importer Licenses; Conditions for Exercise of License Privileges

Section 70

Excise Taxes; Beer and Wine Coolers

Section 80

Solicitation of Mixed Beverage Licensees by Representatives of Manufacturers, Etc., of Spirits

Section 90

Sunday Deliveries by Wholesalers Prohibited; Exceptions

Section 100

Employees of Manufacturers and Wholesalers

Section 110

Contract Brewing Arrangements

FORMS

Forms (3VAC5-60)

Chapter 70

Other ProvisionsRead all

Section 10

Transportation of Alcoholic Beverages; Noncommercial Permits; Commercial Carrier Permits; Refusal, Suspension or Revocation of Permits; Exceptions; Out-of-State Limitation Not Affected

Section 20

Procedures for Handling Cider; Authorized Licensees; Containers; Labels; Markup; Age Limits

Section 30

Sacramental Wine; Purchase Orders; Permits; Applications for Permits; Use of Sacramental Wine

Section 40

Alcoholic Beverages for Culinary Purposes; Permits; Purchases; Restrictions

Section 50

[Repealed]

Section 60

Alcoholic Beverages for Hospitals, Industrial and Manufacturing Users; Permits; Fees; Storage; Suspension or Revocation

Section 70

Permits for Persons Having Alcoholic Beverages Distilled; Limitations

Section 80

[Repealed]

Section 90

Records to Be Kept by Licensees Generally; Additional Requirements for Certain Retailers; "Sale" and "Sell" Defined; Gross Receipts; Reports

Section 95

Proration of License Tax for Businesses Destroyed by Natural Disaster

Section 100

Gifts of Alcoholic Beverages Generally; Exceptions; Wine and Beer Tastings; Taxes and Records

Section 110

Release of Alcoholic Beverages from Customs and Bonded Warehouses; Receipts; Violations; Limitation Upon Sales

Section 120

Approval of Warehouses for Storage of Alcoholic Beverages Not under Customs or Internal Revenue Bond; Segregation of Merchandise...

Section 130

Special Mixed Beverage Licenses; Locations; Special Privileges; Taxes on Licenses

Section 140

Definitions and Requirements for Wine Licenses; Wine; Wine Coolers

Section 150

Wholesale Alcoholic Beverage Sales; Winery and Brewery Discounts, Price-Fixing; Price Increases; Price Discrimination; Inducements

Section 160

Farm Wineries; Percentage of Virginia Products; Other Agricultural Products; Remote Outlets

Section 170

Credit and Debit Cards

Section 180

Regulation of the Sale of Alcoholic Beverages in Kegs and Other Containers; Permit and Registration; Other Requirements

Section 190

Waiver of Banquet License Tax; Qualifications; Restrictions and Conditions; Exceptions

Section 200

Grain Alcohol; Permits; Qualifications; Records; Refusal, Suspension, or Revocation

Section 210

Schedule of Penalties for First-Offense Violations

Section 220

Wine or Beer Shipper's Licenses, Internet Wine Retailer Licenses, and Internet Beer Retailer Licenses; Application Process; Common Carriers; Records

Section 225

Delivery Permits; Application Process; Records and Reports

Section 230

Sale of Designer or Vintage Spirit Bottles

Section 240

Marketing Portal and Fulfillment Warehouse Approval Process

Section 250

Waiver of Penalty for Certain First-Time Violations.

FORMS

Forms (3VAC5-70)