                                 CODE OF VIRGINIA

OPERATION OF GOVERNMENT STORES (§ 4.1-119)

A. Subject to the provisions of &#xA7;&#xA7; 4.1-121 and 4.1-122, the Board may
establish, maintain, and operate government stores for the sale of spirits,
nonalcoholic spirit alternatives, wine produced by farm wineries, low alcohol
beverage coolers produced by licensed distillers, vermouth, mixers, products
used in connection with distilled spirits, including any garnish or garnishment
applied to the rim of a glass of distilled spirits, as may be approved by the
Board from time to time, and products licensed by the Virginia Tourism
Corporation as specified in &#xA7; 4.1-103 in such counties, cities, and towns
considered advisable by the Board. The Board may discontinue any such store.

B. With respect to the sale of wine or cider produced by farm wineries, the
Board may give preference to farm wineries that produce 2,500 cases or less of
wine or cider per year.

C. The Board shall fix the wholesale and retail prices at which the various
classes, varieties and brands of alcoholic beverages and other Board-approved
products that are sold in government stores. Differences in the cost of
operating stores, and market competition and conditions may be reflected in the
sale price of alcoholic beverages sold at government stores. The Board may sell
alcoholic beverages to federal instrumentalities (i) authorized and operating
under the laws of the United States and regulations of the United States
Department of Defense and (ii) located within the boundaries of federal enclaves
or reservations over which the United States has acquired jurisdiction, at
prices which may be greater or less than the wholesale price charged other
authorized purchasers. Nothing in this subsection shall be construed to limit
the authority of the Board to fix the retail price of alcoholic beverages sold
at government stores, which retail price may include promotional, volume, or
other discounts deemed appropriate by the Board.

D. Alcoholic beverages at government stores shall be sold by employees of the
Authority who shall carry out the provisions of this subtitle and Board
regulations governing the operation of government stores and the sale of
alcoholic beverages, except that the Board may appoint the holder of a
distiller&#8217;s license or its officers and employees as agents of the Board
for the sale of spirits and low alcohol beverage coolers, manufactured by or
for, or blended by such licensee on the licensed premises, at government stores
established by the Board (i) on the distiller&#8217;s licensed premises or (ii)
at the site of an event licensed by the Board and conducted for the purpose of
featuring and educating the consuming public about spirits products.
			Such agents shall sell the spirits and low alcohol beverage coolers in
accordance with the provisions of this subtitle, Board regulations, and the
terms of the agency agreement between the Authority and the licensed distiller.
The Authority shall pay a licensed distiller making sales pursuant to an
agreement authorized by this subsection a commission of not less than 20 percent
of the retail price of the goods sold. If the licensed distiller makes
application and meets certain requirements established by the Board, such
agreement shall allow monthly revenue transfers from the licensed distiller to
the Board to be submitted electronically and, notwithstanding the provisions of
&#xA7;&#xA7; 2.2-1802 and 4.1-116, to be limited to the amount due to the Board
in applicable taxes and markups.
			For the purposes of this subsection, &#8220;blended&#8221; means the receipt
by a licensed distiller of deliveries and shipments of alcoholic beverages,
other than wine and beer, in accordance with subdivision A 6 of &#xA7; 4.1-201
to be (a) (1) additionally aged by the receiving distillery in order to increase
the quality and flavor of such alcoholic beverages or (2) used in a low alcohol
beverage cooler and (b) bottled by the receiving distillery.

E. No Class 1 neutral grain spirit or alcohol, as defined by federal
regulations, that is without distinctive character, aroma, taste or color shall
be sold in government stores at a proof greater than 151 except upon permits
issued by the Board for industrial, commercial, culinary, or medical use.

F. All alcoholic beverages sold in government stores, except for tasting samples
pursuant to subsection G sold in government stores established by the Board on a
distiller&#8217;s licensed premises, shall be in closed containers, sealed and
affixed with labels prescribed by the Board.

G. No alcoholic beverages shall be consumed in a government store by any person
unless it is part of an organized tasting event conducted by (i) an employee of
a manufacturer of distilled spirits or farm winery or (ii) an authorized
representative of a manufacturer of distilled spirits or farm winery with a
permit issued by the Board pursuant to subdivision A 14 of &#xA7; 4.1-212, at
which the samples of alcoholic beverages provided to any consumer do not exceed
the limits for spirits or wine set forth in subdivision A 5 of &#xA7; 4.1-201.1.
No sample may be consumed by any individual to whom alcoholic beverages may not
lawfully be sold pursuant to &#xA7; 4.1-304.
			Notwithstanding the provision of this subsection to the contrary, an agent of
the Board appointed pursuant to subsection D may give samples of spirits, beer,
wine, or cider to persons to whom alcoholic beverages may be lawfully sold for
on-premises or off premises consumption, provided that (i) the spirits, beer,
wine, or cider samples are manufactured within the same licensed premises or on
contiguous premises of such agent licensed as a distillery, brewery, or winery;
(ii) no single sample shall exceed four ounces of beer, two ounces of wine or
cider, or one-half ounce of spirits, unless served as a mixed beverage, in which
case a single sample of spirits may contain up to one and one-half ounces of
spirits; (iii) no more than 12 ounces of beer, five ounces of wine, or three
ounces of spirits shall be given or sold to any person per day; and (iv) in the
case of spirits samples, a method is used to track the consumption of each
consumer. Nothing in this paragraph shall prohibit such agent from serving
samples of spirits as part of a mixed beverage. Such mixed beverage samples may
contain spirits or vermouth not manufactured on the licensed premises or on
contiguous premises of the licensed distillery, provided that at least 75
percent of the alcohol used in such samples is manufactured on the licensed
premises or on contiguous premises of the licensed distillery. An agent of the
Board appointed pursuant to subsection D may keep on the licensed premises no
more than 10 varieties of spirits or vermouth not manufactured on the licensed
premises or on contiguous premises of the licensed distillery. Any spirits or
vermouth used in such samples that are not manufactured on the licensed premises
or on contiguous premises of the licensed distillery shall be purchased from the
Board.
			The Board shall establish guidelines governing tasting events conducted
pursuant to this subsection.
			Any case fee charged to a licensed distiller by the Board for moving spirits
from the production and bailment area to the tasting area of a government store
established by the Board on the distiller&#8217;s licensed premises shall be
waived if such spirits are moved by employees of the licensed distiller.

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

I. With respect to purchases by consumers at government stores, the Authority
shall accept cash in payment for any purchase or series of purchases. The Board
may adopt regulations which provide for accepting a credit card or debit card as
payment. Such regulations may provide for the collection, where appropriate, of
related fees, penalties, and service charges for the use of a credit card or
debit card by any consumer.

J. Before the Authority implements any increase in the markup on distilled
spirits or any change to the markup formula for distilled spirits pursuant to
&#xA7; 4.1-235 that would result in an increase in the retail price of distilled
spirits sold to the public, the Authority shall (i) provide at least 45
days&#8217; public notice before such a price increase takes effect; (ii)
provide the opportunity for submission of written comments regarding the
proposed price increase; (iii) conduct a public meeting for the purpose of
receiving verbal comment regarding the proposed price increase; and (iv)
consider any written or verbal comments before implementing such a price
increase.

HISTORY: 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; 2007, cc. 546, 726, 820; 2008, c. 609; 2009, c. 620;
2010, cc. 115, 170, 517; 2011, c. 713; 2012, c. 344; 2013, c. 476; 2014, cc.
437, 724; 2015, cc. 38, 62, 604, 730; 2016, cc. 21, 132, 141; 2017, cc. 75, 125,
155, 160; 2018, c. 734; 2019, cc. 37, 178, 466, 810, 811, 814; 2020, cc. 1017,
1113, 1114; 2021, Sp. Sess. I, cc. 281, 282, 288; 2022, c. 194; 2024, cc. 105,
159.