2006 Code of Virginia § 4.1-119 - Operation of government stores

4.1-119. Operation of government stores.

A. Subject to the requirements of 4.1-121 and 4.1-122, the Board mayestablish, maintain and operate government stores for the sale of alcoholicbeverages, other than beer and wine not produced by farm wineries, vermouth,and mixers, in such counties, cities, and towns considered advisable by theBoard. The Board may discontinue any such store.

B. The Board shall fix the wholesale and retail prices at which the variousclasses, varieties and brands of alcoholic beverages are sold in governmentstores. Differences in the cost of operating stores, and market competitionand conditions may be reflected in the sale price of alcoholic beverages soldat government stores. The Board may sell alcoholic beverages to federalinstrumentalities (i) authorized and operating under the laws of the UnitedStates and regulations of the United States Department of Defense and (ii)located within the boundaries of federal enclaves or reservations over whichthe United States has acquired jurisdiction, at prices which may be greateror less than the wholesale price charged other authorized purchasers.

C. Alcoholic beverages at government stores shall be sold by employees of theBoard, who shall carry out the provisions of this title and Board regulationsgoverning the operation of government stores and the sale of alcoholicbeverages, except that the Board may appoint the holder of a distiller'slicense or its officers and employees as agents of the Board for the sale ofspirits manufactured by such licensee at government stores established by theBoard on the distiller's licensed premises; provided at least 51% of theagricultural products used by such licensee to manufacture the spirits aregrown on the licensee's farm and no more than 25% of the agriculturalproducts are grown or produced outside the Commonwealth. However, uponpetition by the Department of Agriculture and Consumer Services, the Boardmay permit the use of a lesser percentage of products grown on the licensee'sfarm if unusually severe weather or disease conditions cause a significantreduction in the availability of agricultural products grown on the farm tomanufacture the spirits during a given license year. Such agents shall sellthe spirits in accordance with the provisions of this title, Boardregulations, and the terms of the agency agreement between the Board and thelicensed distiller.

D. No Class 1 neutral grain spirit or alcohol, as defined by federalregulations, that is without distinctive character, aroma, taste or colorshall be sold in government stores at a proof greater than 101 except uponpermits issued by the Board for industrial, commercial, culinary, or medicaluse.

E. All alcoholic beverages sold in government stores shall be in closedcontainers, sealed and affixed with labels prescribed by the Board.

F. No alcoholic beverages shall be consumed in a government store by anyperson.

G. With respect to purchases by licensees at government stores, the Boardshall (i) accept in payment for any purchase or series of purchases cash,electronic fund transfer, credit or debit card, or check payable to theBoard, in the exact amount of any such purchase or series of purchases and(ii) provide notice to licensees on Board policies relating to the assignmentof government stores from which licensees may purchase products and anyprocedure for the licensee to elect to make purchases from an alternativegovernment store.

H. With respect to purchases by consumers at government stores, the Boardshall accept cash in payment for any purchase or series of purchases. TheBoard may adopt regulations which provide for accepting a credit card ordebit card as payment. Such regulations may provide for the collection, whereappropriate, of related fees, penalties and service charges for the use of acredit card or debit card by any consumer.

(Code 1950, 4-15; 1958, c. 269; 1962, c. 453; 1970, c. 351; 1983, c. 267;1984, c. 200; 1992, c. 782; 1993, cc. 252, 866; 1996, c. 558; 1999, c. 98;2005, c. 651; 2006, c. 106.)