There is a newer version of the Code of Virginia
2014 Virginia Code
Title 4.1 - Alcoholic Beverage Control Act
Chapter 1. DEFINITIONS AND GENERAL PROVISIONS- § 4.1-100. Definitions
- § 4.1-101. Department of Alcoholic Beverage Control
- § 4.1-101.1. Certified mail; subsequent mail or notices may be sent by regular mail
- § 4.1-102. Membership of Board
- § 4.1-103. General powers of Board
- § 4.1-103.01. Additional powers; access to certain tobacco sales records; inspections; penalty
- § 4.1-103.02. Additional powers; substance abuse prevention
- § 4.1-103.1. Criminal history records check required on certain employees; reimbursement of costs
- § 4.1-104. Purchases by the Board
- § 4.1-105. Police power of members, agents and employees of Board
- § 4.1-106. Liability of Board members; suits by and against Board
- § 4.1-107. Counsel for members, agents and employees of Board
- § 4.1-108. Hearings; representation by counsel
- § 4.1-109. Hearings; allowances to witnesses
- § 4.1-110. Purchase orders of Board for alcoholic beverages
- § 4.1-111. Regulations of Board
- § 4.1-112. Regulations relating to transportation of beer and wine coolers
- § 4.1-112.1. Repealed
- § 4.1-112.2. Outdoor advertising; limitations; variances; compliance with Title 331
- § 4.1-113. Board not to regulate certain advertising in the interiors of retail establishments
- § 4.1-113.1. Outdoor advertising; compliance with Title 331
- § 4.1-114. Annual review of operations of certain mixed beverage licensees
- § 4.1-115. Reports and accounting systems of Board; auditing books and records
- § 4.1-116. Disposition of moneys collected by Board; creation of Enterprise Fund; reserve fund
- § 4.1-117. Disposition of net profits to localities
- § 4.1-118. Certain information not to be made public
- § 4.1-119. Operation of government stores
- § 4.1-120. When government stores closed
- § 4.1-121. Referendum on establishment of government stores
- § 4.1-122. Effect of local option referenda
- § 4.1-123. Referendum on Sunday wine and beer sales; exception
- § 4.1-124. Referendum on the sale of mixed beverages
- § 4.1-125. Section 4.1-124 applicable to certain towns
- § 4.1-126. Licenses for establishments in national forests, certain adjoining lands, on the Blue Ridge Parkway, and certain other properties
- § 4.1-127. Contests of local option referenda
- § 4.1-128. Local ordinances or resolutions regulating or taxing alcoholic beverages
- § 4.1-129. Local ordinances regulating time of sale of wine and beer
- § 4.1-130. Importation of beverages not under customs or internal revenue bonds; storage in approved warehouses; release
- § 4.1-131. Importation of beverages under customs bonds and holding in warehouses; release
- § 4.1-132. Transportation into or within Commonwealth under internal revenue bond and holding in warehouses; release
- § 4.1-133. Bailment system of warehousing; prohibited fees and charges
Article 1. GENERAL PROVISIONS
- § 4.1-200. Exemptions from licensure
- § 4.1-201. Conduct not prohibited by this title; limitation
- § 4.1-201.1. Conduct not prohibited by this title; tastings conducted by manufacturers, wine or beer wholesalers, and authorized representatives
- § 4.1-202. To whom privileges conferred by licenses extend; liability for violations of law
- § 4.1-203. Separate license for each place of business; transfer or amendment; posting; expiration; carriers
- § 4.1-203.1. Managers of licensed retail establishments
- § 4.1-204. Records of licensees; inspection of records and places of business
- § 4.1-205. Local licenses
Article 2. LICENSES GRANTED BY BOARD; LIMITATIONS; REVOCATION AND SUSPENSION
- § 4.1-206. Alcoholic beverage licenses
- § 4.1-207. Wine licenses
- § 4.1-207.1. Restricted wholesale wine licenses
- § 4.1-208. Beer licenses
- § 4.1-209. Wine and beer licenses; advertising
- § 4.1-209.1. Direct shipment of wine and beer; shipper's license
- § 4.1-210. Mixed beverages licenses
- § 4.1-211. Temporary licenses
- § 4.1-212. Permits required in certain instances
- § 4.1-212.1. Permits; delivery of wine and beer; regulations of Board
- § 4.1-213. Manufacture and sale of cider
- § 4.1-214. Limitations on licenses; sale outside the Commonwealth
- § 4.1-215. Limitation on manufacturers, bottlers and wholesalers; exemptions
- § 4.1-216. Further limitations on manufacturers, bottlers, importers, brokers or wholesalers; ownership interests prohibited; exceptions; prohibited trade practices
- § 4.1-216.1. Point-of-sale advertising materials authorized under certain conditions; civil penalties
- § 4.1-217. Limitation on brewery licenses
- § 4.1-218. Limitation on wine and beer importers
- § 4.1-219. Limitation on Class A and Class B farm wineries
- § 4.1-220. Limitation on gift shop licenses
- § 4.1-221. Limitation on mixed beverage licensees; exceptions
- § 4.1-221.1. Limitation of tasting licenses
- § 4.1-222. Conditions under which Board may refuse to grant licenses
- § 4.1-223. Conditions under which Board shall refuse to grant licenses
- § 4.1-224. Notice and hearings for refusal to grant licenses; Administrative Process Act; exceptions
- § 4.1-225. Grounds for which Board may suspend or revoke licenses
- § 4.1-226. Grounds for which Board shall suspend or revoke licenses
- § 4.1-227. Suspension or revocation of licenses; notice and hearings; imposition of penalties
- § 4.1-228. Suspension or revocation; disposition of beverages on hand; termination
- § 4.1-229. Suspension or revocation of permits; grounds; notice and hearing; exception
Article 3. APPLICATIONS FOR LICENSES AND PERMITS; FEES; TAXES
- § 4.1-230. Applications for licenses; publication; notice to localities; fees; permits
- § 4.1-231. Taxes on state licenses
- § 4.1-232. Refund of state license tax
- § 4.1-233. Taxes on local licenses
- § 4.1-234. Tax on wine and other alcoholic beverages; exceptions
- § 4.1-235. Collection; computation, distribution of tax on wine and other alcoholic beverages; refunds and adjustments
- § 4.1-236. Excise tax on beer and wine coolers; payment of tax; exceptions
- § 4.1-237. Refund and adjustments on excise tax on beer and wine coolers
- § 4.1-238. Bond required to secure excise tax liability on beer and wine coolers, and wine stored in bonded warehouses
- § 4.1-239. Monthly reports and payment of excise tax on beer and wine coolers; filing by nonresident manufacturer; commissions
- § 4.1-240. Collection of taxes and fees by credit or debit card; service charge
Article 1. PROHIBITED PRACTICES GENERALLY
- § 4.1-300. Illegal manufacture and bottling; penalty
- § 4.1-301. Conspiracy to violate ยง 4.1-300; penalty
- § 4.1-302. Illegal sale of alcoholic beverages in general; penalty
- § 4.1-302.1. Use of alcohol vaporizing devices prohibited; penalty
- § 4.1-303. Purchase of alcoholic beverages from person not authorized to sell; penalty
- § 4.1-304. Persons to whom alcoholic beverages may not be sold; proof of legal age; penalty
- § 4.1-305. Purchasing or possessing alcoholic beverages unlawful in certain cases; venue; exceptions; penalty; forfeiture; deferred proceedings; treatment and education programs and services
- § 4.1-306. Purchasing alcoholic beverages for one to whom they may not be sold; penalty; forfeiture
- § 4.1-307. Persons by whom alcoholic beverages may not be sold or served for on-premises consumption; penalty
- § 4.1-308. Drinking alcoholic beverages, or offering to another, in public place; penalty; exceptions
- § 4.1-309. Drinking or possessing alcoholic beverages in or on public school grounds; penalty
- § 4.1-309.1. Possessing or consuming alcoholic beverage while operating a school bus; penalty
- § 4.1-310. Illegal importation, shipment and transportation of alcoholic beverages; penalty; exception
- § 4.1-311. Limitations on transporting lawfully purchased alcoholic beverages; penalty
- § 4.1-312. Limitation on carrying alcoholic beverages in motor vehicle transporting passengers for hire; penalty
- § 4.1-313. Possessing, transporting, etc., alcoholic beverages illegally acquired; penalty
- § 4.1-314. Keeping, possessing or storing still or distilling apparatus without a permit; penalty
- § 4.1-315. Possession without license to sell alcoholic beverages upon premises of restaurant; exceptions; penalty
- § 4.1-316. Keeping or drinking alcoholic beverages upon premises of club; penalty
- § 4.1-317. Maintaining common nuisances; penalties
- § 4.1-318. Violations by armed person; penalty
- § 4.1-319. Disobeying subpoena; hindering conduct of hearing; penalty
- § 4.1-320. Illegal advertising; penalty; exception
- § 4.1-321. Delivery of alcoholic beverages to prisoners in jail prohibited; penalty
- § 4.1-322. Possession or consumption of alcoholic beverages by interdicted persons; penalty
- § 4.1-323. Attempts; aiding or abetting; penalty
Article 2. PROHIBITED PRACTICES BY LICENSEES
- § 4.1-324. Illegal sale or keeping of alcoholic beverages by licensees; penalty
- § 4.1-325. Prohibited acts by mixed beverage licensees; penalty
- § 4.1-325.1. Falsifying application; penalty
- § 4.1-325.2. Prohibited acts by employees of wine or beer licensees; penalty
- § 4.1-326. Sale of; purchase for resale; wine or beer from a person without a license; penalty
- § 4.1-327. Prohibiting transfer of wine or beer by licensees; penalty
- § 4.1-328. Prohibited trade practices; penalty
- § 4.1-329. Illegal advertising materials; penalty
- § 4.1-330. Solicitation by persons interested in manufacture, etc., of alcoholic beverages; penalty
- § 4.1-331. Failure to pay tax or to deliver, keep and preserve records and accounts, or to allow examination and inspection; penalty
- § 4.1-332. Nonpayment of excise tax on beer and wine coolers; additional penalties
Article 3. PROCEDURAL MATTERS
- § 4.1-333. Interdiction of intoxicated driver or habitual drunkard
- § 4.1-334. Interdiction for illegal manufacture, possession, transportation or sale of alcoholic beverages
- § 4.1-335. Enjoining nuisances
- § 4.1-336. Contraband beverages and other articles subject to forfeiture
- § 4.1-337. Search warrants
- § 4.1-338. Confiscation proceedings; disposition of forfeited articles
- § 4.1-339. Search and seizure of conveyances or vehicles used in violation of law; arrests
- § 4.1-340. Repealed
- § 4.1-346. Contraband beverages
- § 4.1-347. Repealed
- § 4.1-348. Beverages not licensed under this title
- § 4.1-349. Punishment for violations of title or regulations; bond
- § 4.1-350. Witness not excused from testifying because of self-incrimination
- § 4.1-351. Previous convictions
- § 4.1-352. Certificate of forensic scientist as evidence; requiring forensic scientist to appear
- § 4.1-353. Label on sealed container prima facie evidence of alcoholic content
- § 4.1-354. No recovery for alcoholic beverages illegally sold
- § 4.1-400. Construction and purpose
- § 4.1-401. Definitions
- § 4.1-402. Applicability
- § 4.1-403. No inducement or coercion
- § 4.1-404. Primary area of responsibility
- § 4.1-405. Sale of winery
- § 4.1-406. Cancellation
- § 4.1-407. Notice of intent to terminate
- § 4.1-408. Transfer of business
- § 4.1-409. Remedies
- § 4.1-410. Board proceedings and appellate review
- § 4.1-411. Price of product
- § 4.1-412. Increase of prices
- § 4.1-413. Retaliatory action prohibited
- § 4.1-414. Management
- § 4.1-415. Discrimination prohibited
- § 4.1-416. Waiver prohibited; conflicts of laws
- § 4.1-417. Right of free association
- § 4.1-418. Reasonableness and good faith
- § 4.1-500. Definitions
- § 4.1-501. Applicability
- § 4.1-502. No inducement or coercion
- § 4.1-503. Sales territory
- § 4.1-504. Sale of brewery
- § 4.1-505. Cancellation
- § 4.1-506. Notice of intent to terminate
- § 4.1-507. Transfer of business
- § 4.1-508. Remedies
- § 4.1-509. Board proceedings and appellate review
- § 4.1-509.1. Board proceedings; contemplated actions by brewery or wholesaler
- § 4.1-510. Price of product
- § 4.1-511. Increase of prices
- § 4.1-512. Retaliatory action prohibited
- § 4.1-513. Management
- § 4.1-514. Discrimination prohibited
- § 4.1-515. Waiver prohibited; conflicts of laws
- § 4.1-516. Right of free association
- § 4.1-517. Reasonableness and good faith
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