2006 Code of Virginia § 4.1-111 - Regulations of Board

4.1-111. Regulations of Board.

A. The Board may promulgate reasonable regulations, not inconsistent withthis title or the general laws of the Commonwealth, which it deems necessaryto carry out the provisions of this title and to prevent the illegalmanufacture, bottling, sale, distribution and transportation of alcoholicbeverages. The Board may amend or repeal such regulations. Such regulationsshall be promulgated, amended or repealed in accordance with theAdministrative Process Act ( 2.2-4000 et seq.) and shall have the effect oflaw.

B. The Board shall promulgate regulations that:

1. Prescribe what hours and on what days alcoholic beverages shall not besold by licensees or consumed on any licensed premises, including a provisionthat mixed beverages may be sold only at such times as wine and beer may besold.

2. Require mixed beverage caterer licensees to notify the Board in advance ofany event to be served by such licensee.

3. Maintain the reasonable separation of retailer interests from those of themanufacturers, bottlers, brokers, importers and wholesalers in accordancewith 4.1-216 and in consideration of the established trade customs,quantity and value of the articles or services involved; prevent unduecompetitive domination of any person by any other person engaged in themanufacture, distribution and sale at retail or wholesale of alcoholicbeverages in the Commonwealth; and promote reasonable accommodation of arm'slength business transactions.

4. Establish requirements for the form, content, and retention of all recordsand accounts, including the (i) reporting and collection of taxes required by 4.1-236 and (ii) the sale of alcoholic beverages in kegs, by all licensees.

5. Require retail licensees to file an appeal from any hearing decisionrendered by a hearing officer within 30 days of the date the notice of thedecision is sent. The notice shall be sent to the licensee at the address onrecord with the Board by certified mail, return receipt requested, and byregular mail.

6. Prescribe the terms and conditions under which persons who collect ortrade designer or vintage spirit bottles may sell such bottles at auction,provided that (i) the auction is conducted in accordance with the provisionsof Chapter 6 ( 54.1-600 et seq.) of Title 54.1 and (ii) the bottles areunopened and the manufacturers' seals, marks, or stamps affixed to thebottles are intact.

7. Prescribe the terms and conditions under which credit or debit cards maybe accepted from licensees for purchases at government stores, includingprovision for the collection, where appropriate, of related fees, penalties,and service charges.

8. Require that banquet licensees in charge of public events as defined byBoard regulations report to the Board the income and expenses associated withthe public event on a form prescribed by the Board when the banquet licenseeengages another person to organize, conduct or operate the event on behalf ofthe banquet licensee. Such regulations shall be applicable only to publicevents where alcoholic beverages are being sold.

C. The Board may promulgate regulations that:

1. Provide for the waiver of the license tax for an applicant for a banquetlicense, such waiver to be based on (i) the amount of alcoholic beverages tobe provided by the applicant, (ii) the not-for-profit status of theapplicant, and (iii) the condition that no profits are to be generated fromthe event. For the purposes of clause (ii), the applicant shall submit withthe application, an affidavit certifying its not-for-profit status. Thegranting of such waiver shall be limited to two events per year for eachapplicant.

2. Establish limitations on the quantity and value of any gifts of alcoholicbeverages made in the course of any business entertainment pursuant tosubdivision A 22 of 4.1-325 or subsection C of 4.1-325.2.

D. Board regulations shall be uniform in their application, except thoserelating to hours of sale for licensees.

E. Courts shall take judicial notice of Board regulations.

F. The Board's power to regulate shall be broadly construed.

(Code 1950, 4-11, 4-36; 1968, c. 7, 4-98.5, 4-98.14; 1974, c. 460;1982, c. 145; 1991, c. 690; 1992, c. 220; 1993, cc. 433, 866; 1997, c. 40;1998, c. 301; 1999, cc. 98, 641; 2003, c. 856.)