{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-325.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-325.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-325.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-325.2.html"}],"law_id":79256,"edition_id":1,"section_id":79256,"structure_id":15452,"section_number":"4.1-325.2","catch_line":"Prohibited acts by employees of wine or beer licensees; penalty","history":"2002, c. 105; 2003, c. 856; 2006, cc. 256, 826; 2013, c. 661; 2015, cc. 404, 604; 2017, c. 154; 2020, cc. 1113, 1114; 2023, cc. 213, 214, 774.","full_text":"A\n\nIn addition to the provisions of § 4.1-324, no retail wine or beer licensee or his agent or employee shall consume any alcoholic beverages while on duty and in a position that is involved in the selling or serving of alcoholic beverages to customers.\n\t\t\tThe 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 with Board regulations and the retail licensee or his designated employee does not violate the provisions of subdivision A 1 f of § 4.1-225 or (ii) tasting an alcoholic beverage that has been or will be delivered to a customer for quality control purposes.B\n\nFor the purposes of subsection A, a wine or beer wholesaler or farm winery licensee or its employees that participate in a wine or beer tasting sponsored by a retail wine or beer licensee shall not be deemed to be agents of the retail wine or beer licensee.C\n\nNo retail wine or beer licensee, or his agent or employee shall make any gift of an alcoholic beverage, other than as a gift made (i) to a personal friend, as a matter of normal social intercourse, so long as the gift is in no way a shift or device to evade the restriction set forth in this subsection; (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; (iii) pursuant to subsection C of § 4.1-209; (iv) pursuant to subdivision A 10 of § 4.1-201; or (v) pursuant to any Board regulation. Any gift permitted by this subsection shall be subject to the taxes imposed by this subtitle on sales of alcoholic beverages. The licensee shall keep complete and accurate records of gifts given in accordance with this subsection.D\n\nAny person convicted of a violation of this section shall be subject to a civil penalty in an amount not to exceed $500.","order_by":null,"text":{"0":{"id":283782,"text":"In addition to the provisions of § 4.1-324, no retail wine or beer licensee or his agent or employee shall consume any alcoholic beverages while on duty and in a position that is involved in the selling or serving of alcoholic beverages to customers.\n\t\t\tThe 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 with Board regulations and the retail licensee or his designated employee does not violate the provisions of subdivision A 1 f of § 4.1-225 or (ii) tasting an alcoholic beverage that has been or will be delivered to a customer for quality control purposes.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":283783,"text":"For the purposes of subsection A, a wine or beer wholesaler or farm winery licensee or its employees that participate in a wine or beer tasting sponsored by a retail wine or beer licensee shall not be deemed to be agents of the retail wine or beer licensee.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":283784,"text":"No retail wine or beer licensee, or his agent or employee shall make any gift of an alcoholic beverage, other than as a gift made (i) to a personal friend, as a matter of normal social intercourse, so long as the gift is in no way a shift or device to evade the restriction set forth in this subsection; (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; (iii) pursuant to subsection C of § 4.1-209; (iv) pursuant to subdivision A 10 of § 4.1-201; or (v) pursuant to any Board regulation. Any gift permitted by this subsection shall be subject to the taxes imposed by this subtitle on sales of alcoholic beverages. The licensee shall keep complete and accurate records of gifts given in accordance with this subsection.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":283785,"text":"Any person convicted of a violation of this section shall be subject to a civil penalty in an amount not to exceed $500.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15452,"edition_id":1,"name":"Prohibited Practices by Licensees","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":14559,"metadata":{},"date_created":"2026-06-26 03:55:07","date_modified":"2026-06-26 03:55:07","permalink":{"id":219139,"object_type":"structure","relational_id":15452,"identifier":"2","token":"4.1\/I\/3\/2","url":"\/4.1\/I\/3\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14559,"edition_id":1,"name":"Prohibited Practices; Penalties; Procedural Matters","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":13130,"metadata":{},"date_created":"2026-06-26 03:48:40","date_modified":"2026-06-26 03:48:40","permalink":{"id":219023,"object_type":"structure","relational_id":14559,"identifier":"3","token":"4.1\/I\/3","url":"\/4.1\/I\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13130,"edition_id":1,"name":"Alcoholic Beverage Control Act","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":13129,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":218571,"object_type":"structure","relational_id":13130,"identifier":"I","token":"4.1\/I","url":"\/4.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13129,"edition_id":1,"name":"Alcoholic Beverage and Cannabis Control","identifier":"4.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":218569,"object_type":"structure","relational_id":13129,"identifier":"4.1","token":"4.1","url":"\/4.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":72057,"structure_id":15452,"section_number":"4.1-324","catch_line":"Illegal sale or keeping of alcoholic beverages by licensees; penalty","url":"\/4.1-324\/","token":"4.1\/I\/3\/2\/4.1-324","metadata":false},{"id":61106,"structure_id":15452,"section_number":"4.1-325","catch_line":"Prohibited acts by mixed beverage licensees; penalty","url":"\/4.1-325\/","token":"4.1\/I\/3\/2\/4.1-325","metadata":false},{"id":77984,"structure_id":15452,"section_number":"4.1-325.01","catch_line":"Combined licenses for same premises","url":"\/4.1-325.01\/","token":"4.1\/I\/3\/2\/4.1-325.01","metadata":false},{"id":58854,"structure_id":15452,"section_number":"4.1-325.1","catch_line":"Falsifying application; penalty","url":"\/4.1-325.1\/","token":"4.1\/I\/3\/2\/4.1-325.1","metadata":false},{"id":79256,"structure_id":15452,"section_number":"4.1-325.2","catch_line":"Prohibited acts by employees of wine or beer licensees; penalty","url":"\/4.1-325.2\/","token":"4.1\/I\/3\/2\/4.1-325.2","metadata":false},{"id":63921,"structure_id":15452,"section_number":"4.1-326","catch_line":"Sale of; purchase for resale; wine or beer from a person without a license; penalty","url":"\/4.1-326\/","token":"4.1\/I\/3\/2\/4.1-326","metadata":false},{"id":69844,"structure_id":15452,"section_number":"4.1-327","catch_line":"Prohibiting transfer of wine or beer by licensees; penalty","url":"\/4.1-327\/","token":"4.1\/I\/3\/2\/4.1-327","metadata":false},{"id":79757,"structure_id":15452,"section_number":"4.1-328","catch_line":"Prohibited trade practices; penalty","url":"\/4.1-328\/","token":"4.1\/I\/3\/2\/4.1-328","metadata":false},{"id":82852,"structure_id":15452,"section_number":"4.1-329","catch_line":"Illegal advertising materials; penalty","url":"\/4.1-329\/","token":"4.1\/I\/3\/2\/4.1-329","metadata":false},{"id":81576,"structure_id":15452,"section_number":"4.1-330","catch_line":"Solicitation by persons interested in manufacture, etc., of alcoholic beverages; penalty","url":"\/4.1-330\/","token":"4.1\/I\/3\/2\/4.1-330","metadata":false},{"id":77633,"structure_id":15452,"section_number":"4.1-331","catch_line":"Failure to pay tax or to deliver, keep and preserve records and accounts, or to allow examination and inspection; penalty","url":"\/4.1-331\/","token":"4.1\/I\/3\/2\/4.1-331","metadata":false},{"id":72772,"structure_id":15452,"section_number":"4.1-332","catch_line":"Nonpayment of excise tax on beer, wine coolers, and wine; additional penalties","url":"\/4.1-332\/","token":"4.1\/I\/3\/2\/4.1-332","metadata":false}],"previous_section":{"id":58854,"structure_id":15452,"section_number":"4.1-325.1","catch_line":"Falsifying application; penalty","url":"\/4.1-325.1\/","token":"4.1\/I\/3\/2\/4.1-325.1","metadata":false},"next_section":{"id":63921,"structure_id":15452,"section_number":"4.1-326","catch_line":"Sale of; purchase for resale; wine or beer from a person without a license; penalty","url":"\/4.1-326\/","token":"4.1\/I\/3\/2\/4.1-326","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-325.2\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapter 105<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2003, chapter 856<\/a>; in 2006, chapters 256<\/a> and 826<\/a>; in 2013, chapter 661<\/a>; in 2015, chapters 404<\/a> and 604<\/a>; in 2017, chapter 154<\/a>; in 2020, chapters 1113<\/a> and 1114<\/a>; in 2023, chapters 213<\/a>, 214<\/a>, and 774<\/a>.<\/p>","references":false,"refers_to":[{"id":58089,"section_number":"4.1-201","catch_line":"Conduct not prohibited by this subtitle; limitation","order_by":null,"url":"\/4.1-201\/"},{"id":69143,"section_number":"4.1-209","catch_line":"Wine and beer license privileges; advertising; displays; tastings","order_by":null,"url":"\/4.1-209\/"},{"id":56780,"section_number":"4.1-225","catch_line":"Grounds for which Board may suspend or revoke licenses; exception","order_by":null,"url":"\/4.1-225\/"},{"id":72057,"section_number":"4.1-324","catch_line":"Illegal sale or keeping of alcoholic beverages by licensees; penalty","order_by":null,"url":"\/4.1-324\/"}],"permalink":{"id":219157,"object_type":"law","relational_id":79256,"identifier":"4.1-325.2","token":"4.1\/I\/3\/2\/4.1-325.2","url":"\/4.1-325.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-325.2\/","token":"4.1\/I\/3\/2\/4.1-325.2","dublin_core":{"Title":"Prohibited acts by employees of wine or beer licensees; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-325.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In addition to the provisions of § 4.1-324<\/a>, no retail wine<\/span> or beer<\/span> licensee<\/span> or his agent or employee shall consume any alcoholic beverages<\/span> while on duty and in a position that is involved in the selling or serving of alcoholic beverages<\/span> to customers.\n\t\t\tThe provisions of this subsection shall not prohibit any retail licensee<\/span> or his designated employee from (i) consuming product samples or sample servings of beer<\/span> or wine<\/span> provided by a representative of a licensed<\/span> beer<\/span> or wine<\/span> wholesaler or manufacturer, if such samples are provided in accordance with Board<\/span> regulations and the retail licensee<\/span> or his designated employee does not violate the provisions of subdivision A 1 f of § 4.1-225<\/a> or (ii) tasting an alcoholic beverage that has been or will be delivered to a customer for quality control purposes. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For the purposes of subsection A, a wine<\/span> or beer<\/span> wholesaler or farm winery<\/span> licensee<\/span> or its employees that participate in a wine<\/span> or beer<\/span> tasting sponsored by a retail wine<\/span> or beer<\/span> licensee<\/span> shall not be deemed to be agents of the retail wine<\/span> or beer<\/span> licensee<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No retail wine<\/span> or beer<\/span> licensee<\/span>, or his agent or employee shall make any gift of an alcoholic beverage, other than as a gift made (i) to a personal friend, as a matter of normal social intercourse, so long as the gift is in no way a shift or device to evade the restriction set forth in this subsection; (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<\/span>, 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; (iii) pursuant to subsection C of § 4.1-209<\/a>; (iv) pursuant to subdivision A 10 of § 4.1-201<\/a>; or (v) pursuant to any Board<\/span> regulation. Any gift permitted by this subsection shall be subject to the taxes imposed by this subtitle on sales<\/span> of alcoholic beverages<\/span>. The licensee<\/span> shall keep complete and accurate records of gifts given in accordance with this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any person convicted of a violation of this section shall be subject to a civil penalty<\/span> in an amount not to exceed $500. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITED ACTS BY EMPLOYEES OF WINE OR BEER LICENSEES; PENALTY (\u00a7 4.1-325.2)\n\nA. In addition to the provisions of § 4.1-324, no retail wine or beer\nlicensee or his agent or employee shall consume any alcoholic beverages while on\nduty and in a position that is involved in the selling or serving of alcoholic\nbeverages to customers.\n\t\t\tThe provisions of this subsection shall not prohibit any retail licensee or\nhis designated employee from (i) consuming product samples or sample servings of\nbeer or wine provided by a representative of a licensed beer or wine wholesaler\nor manufacturer, if such samples are provided in accordance with Board\nregulations and the retail licensee or his designated employee does not violate\nthe provisions of subdivision A 1 f of § 4.1-225 or (ii) tasting an\nalcoholic beverage that has been or will be delivered to a customer for quality\ncontrol purposes.\n\nB. For the purposes of subsection A, a wine or beer wholesaler or farm winery\nlicensee or its employees that participate in a wine or beer tasting sponsored\nby a retail wine or beer licensee shall not be deemed to be agents of the retail\nwine or beer licensee.\n\nC. No retail wine or beer licensee, or his agent or employee shall make any gift\nof an alcoholic beverage, other than as a gift made (i) to a personal friend, as\na matter of normal social intercourse, so long as the gift is in no way a shift\nor device to evade the restriction set forth in this subsection; (ii) to a\nperson responsible for the planning, preparation or conduct on any conference,\nconvention, trade show or event held or to be held on the premises of the\nlicensee, when such gift is made in the course of usual and customary business\nentertainment and is in no way a shift or device to evade the restriction set\nforth in this subsection; (iii) pursuant to subsection C of § 4.1-209; (iv)\npursuant to subdivision A 10 of § 4.1-201; or (v) pursuant to any Board\nregulation. Any gift permitted by this subsection shall be subject to the taxes\nimposed by this subtitle on sales of alcoholic beverages. The licensee shall\nkeep complete and accurate records of gifts given in accordance with this\nsubsection.\n\nD. Any person convicted of a violation of this section shall be subject to a\ncivil penalty in an amount not to exceed $500.\n\nHISTORY: 2002, c. 105; 2003, c. 856; 2006, cc. 256, 826; 2013, c. 661; 2015, cc.\n404, 604; 2017, c. 154; 2020, cc. 1113, 1114; 2023, cc. 213, 214, 774.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}