SB 809 — Alcoholic beverage control; displays of wine and beer, report.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E214 An Act to amend and reenact §§ 4.1-209, 4.1-325, and 4.1-325.2 of the Code of Virginia, relating to alcoholic beverage control;

R O [S 809] Approved LMarch L22, 2023 Be it enacted by the General Assembly of Virginia:

That §§ 4.1-209, 4.1-325, and 4.1-325.2 of the Code of Virginia are amended and reenacted asEas follows:

D§ A.4.1-209.

NotwithstandingWine any provision of law to the contrary, persons granted a wine and beer license pursuantprivileges; to § 4.1-206.3 may display within their licensed premises point-of-sale advertising materials that incorporate the use of any professional athlete or athletic team, provided that such advertising materials (i) otherwise comply with the applicable regulations of the federal Bureau of Alcohol, Tobacco and Firearms and (ii) do not depict any athlete consuming or about to consume alcohol prior to or while engaged in an athletic activity, do not depict an athlete consuming alcohol while the athlete is operating or about to operate a motor vehicle or other machinery, and do not imply that the alcoholic bevBrage so advertised enhances athletic prowess.

0advertising; wine and beer outside a clearly discernible location reserved for alcoholic beverages shall (i)Enot place wine or beer in an area immediately adjacent to nonalcoholic beverages containing the same or similar brand name, logo, or packaging as an alcoholic beverage and (ii) equip any such display with signage that indicates the product is an alcoholic beverage, is clearly visible to consumers, and is of sufficient size to notify the consumer that the product contains alcohol.

displays;

tastings.

A.

Notwithstanding any provision of law to the contrary, persons granted a wine and beer license pursuant to § 4.1-206.3 may display within their licensed premises point-of-sale advertising materials that incorporate the use of any professional athlete or athletic team, provided that such advertising and Firearms and (ii) do not depict any athlete consuming or about to consume alcohol prior to or whileo engaged in an athletic activity, do not depict an athlete consuming alcohol while the athlete is operating or about to operate a motor vehicle or other machinery, and do not imply that the alcoholic beverage so advertised enhances athletic prowess.

B.

Persons granted a license to sell wine and beer for off-premises consumption that display such wine and beer outside a clearly discernible location reserved for alcoholic beverages shall (i) not place wine or beer in an area immediately adjacent to nonalcoholic beverages containing the same or similar brand name, logo, or packaging as an alcoholic beverage and (ii) equip any such display with signage that indicates the product is an alcoholic beverage, is clearly visible to consumers, and is of sufficient size to notify the consumer that the product contains alcohol.

Persons granted retail on-and-off-premises wine and beer licenses pursuant to the following on-premisesprovisions consumption:inemay conduct wine or beer tastings sponsored by the licensee for its customers for 1.on-premises consumption:

1.

Such licensees may sell or give samples of wine and beer in designated areas at events held by the licensee for the purpose of featuring and educating the consuming public about the alcoholic beverages participatebeing intasted. tastings held by licensees authorized to conduct tastings, including the pouring of samples to any person to whom alcoholic beverages may be lawfully sold.

Additionally, with the consent of the licensee, farm wineries, wineries, and breweries may participate in tastings held by licensees authorized to conduct tastings, including the pouring of samples to any person to whom alcoholic beverages may be lawfully sold.

2.

Sell any authorized alcoholic beverage to any person or at any place except as authorized by law;

(ii) in the case of wine, in containers of a type approved by regulation.the Board pending automatic dispensing and sale of such wine;

Neither this subdivision nor any Board regulation shall prohibit any mixed beverage licensee from premixing containers of sangria, to which spirits may be added, to be served and sold(iii) foras ofotherwise 3provided consumptionby onBoard theregulation. licensed premises;

Neither this subdivision nor any Board regulation shall prohibit any mixed beverage licensee from premixing containers of sangria, to which spirits may be added, to be served and sold for consumption on the licensed premises;

Refill or partly refill any bottle or container of alcoholic beverage or dilute or otherwise tamper of 3 with the contents of any bottle or container of alcoholic beverage, except as provided by Board regulation adopted pursuant to subdivision B 11 of § 4.1-111;

The provisions of subdivisions A 12 and A 13 shall not apply to persons operating theaters, concert halls, art centers, museums, or similar establishments that are devoted primarily to the arts or theatrical performances, when the performances that are presented are expressing matters of serious ofliterary, 3artistic, lit§scientific, 4.1-325.2.or political value.

§ 4.1-325.2.

Rof 3 The provisions of this subsection shall not prohibit any retail licensee or his designated employee from (i) consuming product samples or sample servings of beer or wine provided by a representative of a licensed beer or wine wholesaler or manufacturer, if such samples are provided in accordance withofwith Board regulations and the retail licensee or his designated employee does not violate the provisions of subdivision 1 f of § 4.1-225 or (ii) tasting an alcoholic beverage that has been or will be delLvereddelivered to a customer for quality control purposes.

For the purposes of subsection A, a wine or beer wholesaler or farm winery licensee or itEits beemployees deemedthat toparticipate bein agentsa of the retail wine or beer licensee.redtasting sponsored by a retail wine or beer licenseDlicensee shall not C.be deemed to be agents of the retail wine or beer licensee.

C.

(ii) to a person responsible for the planning, preparation or conduct on any conference, convention, trade show or event held or to be held on the premises of the licensee, when such gift is made in the course of usual and customary business entertainment and is in no way a shift or device to evade the restriction set forth in this subsection;

(iv) pursuant to sSbdivisionsubdivision A 10 of § 4.1-201;

Any gift permitted by this subsection8shallsubsection shall be subject to the taxes imposed by this subtitle on sales of alcoholic beverages.

The licensee sha9lshall keep complete and accurate records of gifts given in accordance with this subsection.

RD. amount not to exceed $500.

Any person convicted of a violation of this section shall be subject to a civil penalty in an 2.amount not to exceed $500.

2.