                                 CODE OF VIRGINIA

PROHIBITED ACTS BY EMPLOYEES OF WINE OR BEER LICENSEES; PENALTY (§ 4.1-325.2)

A. In addition to the provisions of &#xA7; 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.
			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 with Board
regulations and the retail licensee or his designated employee does not violate
the provisions of subdivision A 1 f of &#xA7; 4.1-225 or (ii) tasting an
alcoholic beverage that has been or will be delivered to a customer for quality
control purposes.

B. 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.

C. 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 &#xA7; 4.1-209; (iv)
pursuant to subdivision A 10 of &#xA7; 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. Any person convicted of a violation of this section shall be subject to a
civil penalty in an amount not to exceed $500.

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.