2019 US Virgin Islands Code
Title 8 - Alcoholic Beverages
Chapter 3 - Alcoholic Beverages Fair Trade Law
§ 157. Application of minimum retail price schedules
(a) No person licensed under chapter 1 of this title who is authorized to sell alcoholic beverages at retail for off-premises consumption shall sell, offer to sell, solicit an order for or advertise any alcoholic beverage at a price less than that shown on the effective minimum retail price schedule, nor shall such person allow in any form any discount, rebate, free goods, allowance or other inducement for the purpose of selling alcoholic beverages at a price less than such a schedule; unless written permission of the Board is granted for good cause shown and for reasons not inconsistent with this chapter.
(b) The provisions of this section shall not apply to:
(1) A close-out sale made in good faith and approved by the Board when the following conditions exist: (i) the stock of alcoholic beverages sought to be closed out has been in the United States Virgin Islands, either in the possession of the vendor who sold it to the retailer or in the possession of the retailer who seeks to close out the brand, for a period of not less than six months; (ii) the stock of alcoholic beverages to be closed out was not brought into the United States Virgin Islands for the purpose of offering it, or any part of it, at a close-out sale; (iii) at least 10 days prior to a close-out sale, a retailer has offered to return such alcoholic beverages, at his original invoice cost, to both the vendors from whom he purchased them or to his successor and to the licensee who filed the minimum price schedule under section 156 of this chapter; (iv) such offer of return was not accepted. At the place of any close-out sale and upon any container of alcoholic beverages to be sold and in any advertisement in connection therewith, public notice shall be given of the sale as a close-out sale. Following the conclusion of a close-out sale, the retailer who conducted such sale shall not sell the same brands of alcoholic beverages for a period of at least one year.
(2) Sales made with the written approval of the Board when the alcoholic beverages or the container is damaged or deteriorated in quality and notice of this fact is given to the public at the place of any such sale and upon the container offered for sale and in any advertisement in connection therewith.
(3) Sales made by any officer acting under the orders of any court.
