SB 182 — Alcoholic beverage control; advertisements.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E38 An Act to amend and reenact § 4.1-111 of the Code of Virginia, relating to alcoholic beverage control;

R O [S 182] Approved LMarch L8, 2024 Be it enacted by the General Assembly of Virginia:

E § 4.1-111.

DA. general laws of the Commonwealth, which it deems necessary to carry out the provisions of this subtitle and to prevent the illegal manufacture, bottling, sale, distribution, and transportation of alcoholic beverages.

The Board may promulgate reasonable regulations, not inconsistent with this subtitle or the general laws of the Commonwealth, which it deems necessary to carry out the provisions of this subtitle and to prevent the illegal manufacture, bottling, sale, distribution, and transportation of alcoholic beverages.

Such regulations shall be promulgated, amendedhave orthe repealedeffect inof accordancelaw.accordance with the Administrative Process Act (§ 2.2-4000 et seq.) and shall haveB. the effect of law.

B.

Prescribe what hours and on what days alcoholic beverages shall not be sold by licensees Bror consumed on any licensed premises, including a provision that mixed beverages may be sold only 8tat suc2.such times as wine and beer may be sold.

Require2. mixed beverage caterer licensees to notify the Board in advance of any event to bE served by such licensee.

RRequire 3.mixed beverage caterer licensees to notify the Board in advance of any event to be served by such licensee.

3.

the4. (i) reporting and collection of taxes required by § 4.1-236 and (ii) the sale of alcoholic beverages in kegs, by all licensees.

Establish requirements for the form, content, and retention of all records and 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.

Prescribe the terms and conditions under which persons who collect or trade designer or vintage spirit bottles may sell such bottles at auction, provided that (i) the auction is conducted in accordance with the provisions of Chapter 6 (§ 54.1-600 et seq.) of Title 54.1 and (ii) the bottles are unopened and the7.the manufacturers' seals, marks, or stamps affixed to the bottles are intact.

7.

Board9. inspection, including methods for Board-approved electronic and off-site storage.that are subject to 10.

Provide alternative methods for licensees to maintain and store business records that are subject to Board inspection, including methods for Board-approved electronic and off-site storage.

10.

Prescribe the schedule of proration for refunded license taxes to licensees who qualify pursuant to sub13.subsection C of § 4.1-232.

Establish13. reasonable time, place, and manner restrictions on outdoor advertising of alcoholic beverages, not inconsistent with the provisions of this subtitle, so that such advertising does not of 3 encourage or otherwise promote the consumption of alcoholic beverages by persons to whom alcoholic beverages may not be lawfully sold.

Establish reasonable time, place, and manner restrictions on outdoor advertising of alcoholic beverages, not inconsistent with the provisions of this subtitle, so that such advertising does not encourage or otherwise promote the consumption of alcoholic beverages by persons to whom alcoholic beverages may not be lawfully sold.

of 3 a.

Prescribe the terms and conditions under which manufacturers, brokers, importers, and of 3 wholesalers may advertise and promote alcoholic beverages via the Internet, social media, direct-to-consumer electronic communication, or other electronic means in a manner not inconsisEentinconsistent with the provisions of this subtitle.

NC. 1.

ProvideThe forBoard themay waiverpromulgate ofregulations thethat: license tax for an applicant for a banquet license, such waiver to be based on (i) the amount of alcoholic beverages to be provided by the applicant, (ii) the not-for-profit status of the applicant, and (iii) the condition that no profits are to be generated from the eOent.

For1. the purposes of clause (ii), the applicant shall submit with the application, an affidavit certifyiLg its applicant.ofit status.

TheProvide grantingfor the waiver of the license tax for an applicant for a banquet license, such waiver shallto be limitedof 3 based on (i) the amount of alcoholic beverages to twobe eventsprovided perby yearthe forapplicant, each(ii) 2.the not-for-profit status of the applicant, and (iii) the condition that no profits are to be generated from the event.

EstablishFor limitations on the quantitypurposes and value of anyclause gifts(ii), ofthe alcoholicapplicant beveragesshall madesubmit inwith the courseapplication, ofan anyaffidavit businesscertifying entertainmentits pursuantnot-for-profit tostatus. subdivision A 22 of § 4.1-325 or subsection C Ef § 4.1-325.2.

DThe andgranting regulationsof tosuch encouragewaiver licenseesshall tobe conductlimited theirto businesstwo andevents relatedper activitiesyear infor aeach mannerapplicant. that is beneficial to the Commonwealth.

2.

Establish limitations on the quantity and value of any gifts of alcoholic beverages made in the course of any business entertainment pursuant to subdivision A 22 of § 4.1-325 or subsection C of § 4.1-325.2.

3.

Provide incentives to licensees with a proven history of compliance with state and federal laws and regulations to encourage licensees to conduct their business and related activities in a manner that is beneficial to the Commonwealth.

E.

Courts shall take judicial notice of Board regulations.

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