Administrative Code

Virginia Administrative Code
Title 3. Alcoholic Beverages
1/29/2020

Agency 5. Alcoholic Beverage Control Board

Preface
Agency Summary
Chapter 10
Procedural Rules for the Conduct of Hearings Before the Board and Its Hearing OfficersRead all
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
Informal Conferences
Section 230
Agency Representation
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
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
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[Repealed]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
Section 10
Purpose
Section 20
Definitions
Section 30
Notification List
Section 40
Information to Be Sent to Persons on the Notification List
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[Repealed]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[Repealed]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
Certain Transactions to Be for Cash; "Cash" Defined; Checks and Money Orders; Electronic Fund Transfers; Records and Reports by Sellers...
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...
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
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, Fruit 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...
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...
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 and Internet Wine Retailer Licenses; Application Process; Common Carriers; Records and Reports
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)


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