§ 4.1-325. Prohibited acts by mixed beverage licensees; penalty.
A. In addition to § 4.1-324, no mixed beverage licensee nor any agent oremployee 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 placeexcept as authorized by law;
3. Allow at the place described in his license the consumption of alcoholicbeverages in violation of this title;
4. Keep at the place described in his license any alcoholic beverage otherthan 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 whichit was purchased by him except (i) for a frozen alcoholic beverage, which mayinclude alcoholic beverages in a frozen drink dispenser of a type approved bythe Board; (ii) in the case of wine, in containers of a type approved by theBoard pending automatic dispensing and sale of such wine; and (iii) asotherwise provided by Board regulation. Neither this subdivision nor anyBoard regulation shall prohibit any mixed beverage licensee from pre-mixingcontainers of sangria to be served and sold for consumption on the licensedpremises;
7. Refill or partly refill any bottle or container of alcoholic beverage ordilute or otherwise tamper with the contents of any bottle or container ofalcoholic beverage, except as provided by Board regulation adopted pursuantto § 4.1-111 B 11;
8. Sell or serve any brand of alcoholic beverage which is not the same asthat ordered by the purchaser without first advising such purchaser of thedifference;
9. Remove or obliterate any label, mark or stamp affixed to any container ofalcoholic beverages offered for sale;
10. Deliver or sell the contents of any container if the label, mark or stamphas been removed or obliterated;
11. Allow any obscene conduct, language, literature, pictures, performance ormaterials on the licensed premises;
12. Allow any striptease act on the licensed premises;
13. Allow persons connected with the licensed business to appear nude orpartially nude;
14. Consume or allow the consumption by an employee of any alcoholicbeverages while on duty and in a position that is involved in the selling orserving of alcoholic beverages to customers.
The provisions of this subdivision shall not prohibit any retail licensee orhis designated employee from (i) consuming product samples or sample servingsof (a) beer or wine provided by a representative of a licensed beer or winewholesaler or manufacturer or (b) a distilled spirit provided by a permitteeof the Board who represents a distiller, if such samples are provided inaccordance with Board regulations and the retail licensee or his designatedemployee does not violate the provisions of subdivision 1 g of § 4.1-225 or(ii) tasting an alcoholic beverage that has been or will be delivered to acustomer for quality control purposes;
15. Deliver to a consumer an original bottle of an alcoholic beveragepurchased under such license whether the closure is broken or unbroken exceptin accordance with § 4.1-210.
The provisions of this subdivision shall not apply to the delivery of:
a. "Soju." For the purposes of this clause, "soju" means a traditionalKorean alcoholic beverage distilled from rice, barley or sweet potatoes; or
b. Spirits, provided (i) the original container is no larger than 375milliliters, (ii) the alcohol content is no greater than 15 percent byvolume, and (iii) the contents of the container are carbonated and perishable;
16. Be intoxicated while on duty or employ an intoxicated person on thelicensed premises;
17. Conceal any sale or consumption of any alcoholic beverages;
18. Fail or refuse to make samples of any alcoholic beverages available tothe Board upon request or obstruct special agents of the Board in thedischarge of their duties;
19. Store alcoholic beverages purchased under the license in any unauthorizedplace or remove any such alcoholic beverages from the premises;
20. Knowingly employ in the licensed business any person who has the generalreputation as a prostitute, panderer, habitual law violator, person of illrepute, user or peddler of narcotics, or person who drinks to excess orengages in illegal gambling;
21. Keep on the licensed premises a slot machine or any prohibited gamblingor gaming device, machine or apparatus;
22. Make any gift of an alcoholic beverage, other than as a gift made (i) toa personal friend, as a matter of normal social intercourse, so long as thegift is in no way a shift or device to evade the restriction set forth inthis subdivision; (ii) to a person responsible for the planning, preparationor conduct on any conference, convention, trade show or event held or to beheld on the premises of the licensee, when such gift is made in the course ofusual and customary business entertainment and is in no way a shift or deviceto evade the restriction set forth in this subdivision; (iii) pursuant tosubsection C of § 4.1-209; or (iv) pursuant to subdivision A 12 of § 4.1-201.Any gift permitted by this subdivision shall be subject to the taxes imposedby this title on sales of alcoholic beverages. The licensee shall keepcomplete and accurate records of gifts given in accordance with thissubdivision; or
23. Establish any normal or customary pricing of its alcoholic beverages thatis intended as a shift or device to evade any "happy hour" regulationsadopted by the Board; however, a licensee may increase the volume of analcoholic beverage sold to a customer if there is a commensurate increase inthe normal or customary price charged for the same alcoholic beverage.
B. Any person convicted of a violation of this section shall be guilty of aClass 1 misdemeanor.
C. The provisions of subdivisions A 12 and A 13 shall not apply to personsoperating theaters, concert halls, art centers, museums, or similarestablishments that are devoted primarily to the arts or theatricalperformances, when the performances that are presented are expressing mattersof serious literary, artistic, scientific, or political value.
(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.)
§ 4.1-325. Prohibited acts by mixed beverage licensees; penalty.
A. In addition to § 4.1-324, no mixed beverage licensee nor any agent oremployee 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 placeexcept as authorized by law;
3. Allow at the place described in his license the consumption of alcoholicbeverages in violation of this title;
4. Keep at the place described in his license any alcoholic beverage otherthan 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 whichit was purchased by him except (i) for a frozen alcoholic beverage, which mayinclude alcoholic beverages in a frozen drink dispenser of a type approved bythe Board; (ii) in the case of wine, in containers of a type approved by theBoard pending automatic dispensing and sale of such wine; and (iii) asotherwise provided by Board regulation. Neither this subdivision nor anyBoard regulation shall prohibit any mixed beverage licensee from pre-mixingcontainers of sangria to be served and sold for consumption on the licensedpremises;
7. Refill or partly refill any bottle or container of alcoholic beverage ordilute or otherwise tamper with the contents of any bottle or container ofalcoholic beverage, except as provided by Board regulation adopted pursuantto § 4.1-111 B 11;
8. Sell or serve any brand of alcoholic beverage which is not the same asthat ordered by the purchaser without first advising such purchaser of thedifference;
9. Remove or obliterate any label, mark or stamp affixed to any container ofalcoholic beverages offered for sale;
10. Deliver or sell the contents of any container if the label, mark or stamphas been removed or obliterated;
11. Allow any obscene conduct, language, literature, pictures, performance ormaterials on the licensed premises;
12. Allow any striptease act on the licensed premises;
13. Allow persons connected with the licensed business to appear nude orpartially nude;
14. Consume or allow the consumption by an employee of any alcoholicbeverages while on duty and in a position that is involved in the selling orserving of alcoholic beverages to customers.
The provisions of this subdivision shall not prohibit any retail licensee orhis designated employee from (i) consuming product samples or sample servingsof (a) beer or wine provided by a representative of a licensed beer or winewholesaler or manufacturer or (b) a distilled spirit provided by a permitteeof the Board who represents a distiller, if such samples are provided inaccordance with Board regulations and the retail licensee or his designatedemployee does not violate the provisions of subdivision 1 g of § 4.1-225 or(ii) tasting an alcoholic beverage that has been or will be delivered to acustomer for quality control purposes;
15. Deliver to a consumer an original bottle of an alcoholic beveragepurchased under such license whether the closure is broken or unbroken exceptin accordance with § 4.1-210.
The provisions of this subdivision shall not apply to the delivery of:
a. "Soju." For the purposes of this clause, "soju" means a traditionalKorean alcoholic beverage distilled from rice, barley or sweet potatoes; or
b. Spirits, provided (i) the original container is no larger than 375milliliters, (ii) the alcohol content is no greater than 15 percent byvolume, and (iii) the contents of the container are carbonated and perishable;
16. Be intoxicated while on duty or employ an intoxicated person on thelicensed premises;
17. Conceal any sale or consumption of any alcoholic beverages;
18. Fail or refuse to make samples of any alcoholic beverages available tothe Board upon request or obstruct special agents of the Board in thedischarge of their duties;
19. Store alcoholic beverages purchased under the license in any unauthorizedplace or remove any such alcoholic beverages from the premises;
20. Knowingly employ in the licensed business any person who has the generalreputation as a prostitute, panderer, habitual law violator, person of illrepute, user or peddler of narcotics, or person who drinks to excess orengages in illegal gambling;
21. Keep on the licensed premises a slot machine or any prohibited gamblingor gaming device, machine or apparatus;
22. Make any gift of an alcoholic beverage, other than as a gift made (i) toa personal friend, as a matter of normal social intercourse, so long as thegift is in no way a shift or device to evade the restriction set forth inthis subdivision; (ii) to a person responsible for the planning, preparationor conduct on any conference, convention, trade show or event held or to beheld on the premises of the licensee, when such gift is made in the course ofusual and customary business entertainment and is in no way a shift or deviceto evade the restriction set forth in this subdivision; (iii) pursuant tosubsection C of § 4.1-209; or (iv) pursuant to subdivision A 12 of § 4.1-201.Any gift permitted by this subdivision shall be subject to the taxes imposedby this title on sales of alcoholic beverages. The licensee shall keepcomplete and accurate records of gifts given in accordance with thissubdivision; or
23. Establish any normal or customary pricing of its alcoholic beverages thatis intended as a shift or device to evade any "happy hour" regulationsadopted by the Board; however, a licensee may increase the volume of analcoholic beverage sold to a customer if there is a commensurate increase inthe normal or customary price charged for the same alcoholic beverage.
B. Any person convicted of a violation of this section shall be guilty of aClass 1 misdemeanor.
C. The provisions of subdivisions A 12 and A 13 shall not apply to personsoperating theaters, concert halls, art centers, museums, or similarestablishments that are devoted primarily to the arts or theatricalperformances, when the performances that are presented are expressing mattersof serious literary, artistic, scientific, or political value.
(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.)
§ 4.1-325. Prohibited acts by mixed beverage licensees; penalty.
A. In addition to § 4.1-324, no mixed beverage licensee nor any agent oremployee 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 placeexcept as authorized by law;
3. Allow at the place described in his license the consumption of alcoholicbeverages in violation of this title;
4. Keep at the place described in his license any alcoholic beverage otherthan 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 whichit was purchased by him except (i) for a frozen alcoholic beverage, which mayinclude alcoholic beverages in a frozen drink dispenser of a type approved bythe Board; (ii) in the case of wine, in containers of a type approved by theBoard pending automatic dispensing and sale of such wine; and (iii) asotherwise provided by Board regulation. Neither this subdivision nor anyBoard regulation shall prohibit any mixed beverage licensee from pre-mixingcontainers of sangria to be served and sold for consumption on the licensedpremises;
7. Refill or partly refill any bottle or container of alcoholic beverage ordilute or otherwise tamper with the contents of any bottle or container ofalcoholic beverage, except as provided by Board regulation adopted pursuantto § 4.1-111 B 11;
8. Sell or serve any brand of alcoholic beverage which is not the same asthat ordered by the purchaser without first advising such purchaser of thedifference;
9. Remove or obliterate any label, mark or stamp affixed to any container ofalcoholic beverages offered for sale;
10. Deliver or sell the contents of any container if the label, mark or stamphas been removed or obliterated;
11. Allow any obscene conduct, language, literature, pictures, performance ormaterials on the licensed premises;
12. Allow any striptease act on the licensed premises;
13. Allow persons connected with the licensed business to appear nude orpartially nude;
14. Consume or allow the consumption by an employee of any alcoholicbeverages while on duty and in a position that is involved in the selling orserving of alcoholic beverages to customers.
The provisions of this subdivision shall not prohibit any retail licensee orhis designated employee from (i) consuming product samples or sample servingsof (a) beer or wine provided by a representative of a licensed beer or winewholesaler or manufacturer or (b) a distilled spirit provided by a permitteeof the Board who represents a distiller, if such samples are provided inaccordance with Board regulations and the retail licensee or his designatedemployee does not violate the provisions of subdivision 1 g of § 4.1-225 or(ii) tasting an alcoholic beverage that has been or will be delivered to acustomer for quality control purposes;
15. Deliver to a consumer an original bottle of an alcoholic beveragepurchased under such license whether the closure is broken or unbroken exceptin accordance with § 4.1-210.
The provisions of this subdivision shall not apply to the delivery of:
a. "Soju." For the purposes of this clause, "soju" means a traditionalKorean alcoholic beverage distilled from rice, barley or sweet potatoes; or
b. Spirits, provided (i) the original container is no larger than 375milliliters, (ii) the alcohol content is no greater than 15 percent byvolume, and (iii) the contents of the container are carbonated and perishable;
16. Be intoxicated while on duty or employ an intoxicated person on thelicensed premises;
17. Conceal any sale or consumption of any alcoholic beverages;
18. Fail or refuse to make samples of any alcoholic beverages available tothe Board upon request or obstruct special agents of the Board in thedischarge of their duties;
19. Store alcoholic beverages purchased under the license in any unauthorizedplace or remove any such alcoholic beverages from the premises;
20. Knowingly employ in the licensed business any person who has the generalreputation as a prostitute, panderer, habitual law violator, person of illrepute, user or peddler of narcotics, or person who drinks to excess orengages in illegal gambling;
21. Keep on the licensed premises a slot machine or any prohibited gamblingor gaming device, machine or apparatus;
22. Make any gift of an alcoholic beverage, other than as a gift made (i) toa personal friend, as a matter of normal social intercourse, so long as thegift is in no way a shift or device to evade the restriction set forth inthis subdivision; (ii) to a person responsible for the planning, preparationor conduct on any conference, convention, trade show or event held or to beheld on the premises of the licensee, when such gift is made in the course ofusual and customary business entertainment and is in no way a shift or deviceto evade the restriction set forth in this subdivision; (iii) pursuant tosubsection C of § 4.1-209; or (iv) pursuant to subdivision A 12 of § 4.1-201.Any gift permitted by this subdivision shall be subject to the taxes imposedby this title on sales of alcoholic beverages. The licensee shall keepcomplete and accurate records of gifts given in accordance with thissubdivision; or
23. Establish any normal or customary pricing of its alcoholic beverages thatis intended as a shift or device to evade any "happy hour" regulationsadopted by the Board; however, a licensee may increase the volume of analcoholic beverage sold to a customer if there is a commensurate increase inthe normal or customary price charged for the same alcoholic beverage.
B. Any person convicted of a violation of this section shall be guilty of aClass 1 misdemeanor.
C. The provisions of subdivisions A 12 and A 13 shall not apply to personsoperating theaters, concert halls, art centers, museums, or similarestablishments that are devoted primarily to the arts or theatricalperformances, when the performances that are presented are expressing mattersof serious literary, artistic, scientific, or political value.
(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.)
