                                 CODE OF VIRGINIA

PROHIBITED ACTS BY MIXED BEVERAGE LICENSEES; PENALTY (§ 4.1-325)

A. In addition to § 4.1-324, no mixed beverage licensee nor any agent or
employee of such licensee shall:

   1. Sell or serve any alcoholic beverage other than as authorized by law;

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

   3. Allow at the place described in his license the consumption of alcoholic
   beverages in violation of this subtitle;

   4. Keep at the place described in his license any alcoholic beverage other
   than that which he is licensed to sell;

   5. Misrepresent the brand of any alcoholic beverage sold or offered for sale;

   6. Keep any alcoholic beverage other than in the bottle or container in which
   it was purchased by him except (i) for a frozen alcoholic beverage, which may
   include alcoholic beverages in a frozen drink dispenser of a type approved by
   the Board; (ii) in the case of wine, in containers of a type approved by the
   Board pending automatic dispensing and sale of such wine; and (iii) as
   otherwise provided by Board regulation. 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;

   7. Refill or partly refill any bottle or container of alcoholic beverage or
   dilute or otherwise tamper with the contents of any bottle or container of
   alcoholic beverage, except as provided by Board regulation adopted pursuant to
   subdivision B 11 of &#xA7; 4.1-111;

   8. Sell or serve any brand of alcoholic beverage which is not the same as that
   ordered by the purchaser without first advising such purchaser of the
   difference;

   9. Remove or obliterate any label, mark, or stamp affixed to any container of
   alcoholic beverages offered for sale;

   10. Deliver or sell the contents of any container if the label, mark, or stamp
   has been removed or obliterated;

   11. Allow any obscene conduct, language, literature, pictures, performance, or
   materials on the licensed premises;

   12. Allow any striptease act on the licensed premises;

   13. Allow persons connected with the licensed business to appear nude or
   partially nude;

   14. Consume or allow the consumption by an employee of 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 subdivision shall not prohibit any retail licensee
   or his designated employee from (i) consuming product samples or sample
   servings of (a) beer or wine provided by a representative of a licensed beer
   or wine wholesaler or manufacturer or (b) a distilled spirit provided by a
   permittee of the Board who represents a distiller, 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;

   15. Deliver to a consumer an original bottle of an alcoholic beverage
   purchased under such license whether the closure is broken or unbroken except
   in accordance with &#xA7; 4.1-206.3.
   				The provisions of this subdivision shall not apply to the delivery of:
   				a. &#8220;Soju.&#8221; For the purposes of this subdivision,
   &#8220;soju&#8221; means a traditional Korean alcoholic beverage distilled
   from rice, barley or sweet potatoes;
   				b. Spirits, provided (i) the original container is no larger than 375
   milliliters, (ii) the alcohol content is no greater than 15 percent by volume,
   and (iii) the contents of the container are carbonated and perishable; or
   				c. The entire contents of an original container of spirits for on-premises
   or off-premises consumption provided that the (i) container is 16 ounces or
   less and (ii) alcohol content is no greater than 15 percent by volume.

   16. Be intoxicated while on duty or employ an intoxicated person on the
   licensed premises;

   17. Conceal any sale or consumption of any alcoholic beverages;

   18. Fail or refuse to make samples of any alcoholic beverages available to the
   Board upon request or obstruct special agents of the Board in the discharge of
   their duties;

   19. Store alcoholic beverages purchased under the license in any unauthorized
   place or remove any such alcoholic beverages from the premises;

   20. Knowingly employ in the licensed business any person who has the general
   reputation as a prostitute, panderer, habitual law violator, person of ill
   repute, user or peddler of narcotics, or person who drinks to excess or
   engages in illegal gambling;

   21. Keep on the licensed premises, except for the premises of a mixed beverage
   casino licensee, a slot machine or any prohibited gambling or gaming device,
   machine, or apparatus;

   22. 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
   subdivision; (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 subdivision; (iii) pursuant to
   subsection C of &#xA7; 4.1-209; (iv) pursuant to subdivision A 10 of &#xA7;
   4.1-201; (v) by a mixed beverage casino licensee to a patron of such licensee
   in accordance with the provisions of subdivision A 14 of &#xA7; 4.1-206.3; or
   (vi) pursuant to any Board regulation. Any gift permitted by this subdivision
   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 subdivision; or

   23. Establish any normal or customary pricing of its alcoholic beverages that
   is intended as a shift or device to evade any &#8220;happy hour&#8221;
   regulations adopted by the Board; however, a licensee may increase the volume
   of an alcoholic beverage sold to a customer if there is a commensurate
   increase in the normal or customary price charged for the same alcoholic
   beverage.

B. Any person convicted of a violation of this section is guilty of a Class 1
misdemeanor.

C. 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 literary, artistic, scientific, or political value.

HISTORY: 1968, c. 7, § 4-98.10; 1970, c. 120; 1974, c. 548; 1975, c. 483; 1976,
cc. 750, 768; 1978, c. 69; 1979, c. 227; 1982, c. 316; 1983, c. 608; 1993, c.
866; 2000, c. 780; 2002, c. 105; 2003, c. 856; 2004, c. 913; 2006, cc. 256, 826;
2008, cc. 513, 629, 794, 875; 2009, cc. 20, 509; 2010, c. 481; 2013, c. 661;
2015, cc. 38, 404, 604, 730; 2017, c. 154; 2020, cc. 1113, 1114; 2022, cc. 589,
590; 2023, cc. 213, 214, 774; 2024, cc. 111, 255, 619, 622, 627; 2025, c. 435.