2019 US Virgin Islands Code
Title 8 - Alcoholic Beverages
Chapter 3 - Alcoholic Beverages Fair Trade Law
§ 156. Minimum retail price schedule
(a) No container of any alcoholic beverage which bears the brand, trademark or name of the owner or person in control shall be sold at retail in the United States Virgin Islands for consumption off the licensed premises unless a minimum retail price for such container first shall have been filed with the Board in accordance with the provisions of this section.
(b) A price for each such container shall be in a minimum retail price schedule setting forth with respect to each container the exact brand, trademark or name, capacity, and type of container, type of alcoholic beverage, age and proof, where stated on the label, the minimum selling price at retail in the United States Virgin Islands. No more than one person shall file a schedule for the same brand container. Any person filing such schedule shall cause such schedule to be published in a manner which will result in each retailer affected by such schedule being advised of the contents of such schedule prior to the effective date thereof.
(c) Such schedule shall be filed in the following order of priority by: (1) the owner of the brand, if licensed in the United States Virgin Islands; (2) any licensee, other than a retailer, selling the brand and who is authorized in writing by the brand owner to file such schedule if the brand owner is not licensed in the United States Virgin Islands; (3) a producer licensed in the United States Virgin Islands and who bottles under the brand owned by a retailer; or (4) any licensee other than a retailer with the approval of the Board, if the owner of the brand does not file or is unable to file a schedule or authorize a licensee to file such schedule.
(d) Schedules filed pursuant to this section may be amended, changed, or modified by filing such amendments, changes or modifications with the Board on or before the 15th day of any month to take effect on the first day of the following calendar month; except that price schedules filed for a brand, size or type of alcoholic beverage not included in a schedule in effect at the time such brand, size or type is filed, and price schedules filed to meet the price of a competitive brand, may be filed at any time to take effect immediately after approval of such price schedules by the Board. For the purpose of this section, a competitive brand shall mean any brand of the same type of alcoholic beverage having a filed selling price at retail within one (1.00) dollar per gallon of the brand for which a competitive price is filed.
(e) The Board shall reject any price schedule which does not comply with this section.
(f) A price schedule or amendment, change or modification thereof as provided for by this section shall be deemed filed when received, either by personal delivery or certified mail, at the office of the Board in St. Thomas. Upon such filing, a price schedule or amendment, change or modification thereof shall become a public record; and shall constitute constructive notice of its contents to any licensee affected thereby.
