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A BILL to amend and reenact §
4.1-216.1
of the Code of Virginia, relating to alcoholic beverage control; advertising materials; purchase and display of barrels.
Be it enacted by the General Assembly of Virginia:
1. That §
4.1-216.1
of the Code of Virginia is amended and reenacted as follows:
§
4.1-216.1
. Point-of-sale advertising materials authorized under certain conditions; civil penalties.
A. As used in this section:
"Alcoholic beverage advertising material" or "advertising material" means any item, other than an illuminated device, which contains one or more references to a brand of alcoholic beverage and which is used to promote the sale of alcoholic beverages within the interior of a licensed retail establishment and which otherwise complies with Board regulations.
"Authorized vendor" or "vendor" means any person, other than a wholesale wine or beer licensee, that a manufacturer has authorized to engage in a business consisting in whole or in part of the sale and distribution of any articles of tangible personal property bearing any of the manufacturer's alcoholic beverage trademarks.
"Manufacturer" means any brewery, winery, distillery, bottler, broker, importer and any person that a brewery, winery, or distiller has authorized to sell or arrange for the sale of its products to wholesale wine and beer licensees in Virginia or, in the case of spirits, to the Board.
B. Notwithstanding the provisions of §
4.1-215
or
4.1-216
and Board regulations adopted thereunder, a manufacturer or its authorized vendor and a wholesale wine and beer licensee may lend, buy for, or give to a retail licensee any alcoholic beverage advertising material made of paper, cardboard, canvas, rubber, foam, or plastic, provided the advertising materials have a wholesale value of $40 or less per item.
C.
Notwithstanding
any other provision of this subtitle or
Board regulations adopted thereunder, a retail licensee may elect to receive the physical barrel or lid in addition to purchasing the bottled contents of a distilled spirits barrel from a manufacturer through a barrel purchase agreement supplied to the Authority. Such physical barrel or lid shall not be considered a gift and
may
be displayed
on
the retail licensee
'
s premises.
A retail licensee who purchases the contents of a distilled spirits barrel,
physical
barrel, or lid
shall be responsible for complying with all terms and conditions set forth i
n
a
barrel purchase agreement supplied to the Authority.
D.
Alcoholic beverage advertising materials, other than those authorized by subsection B to be given to a retailer, may be displayed by a retail licensee in the interior of its licensed establishment provided:
1. The wholesale value of the advertising material does not exceed $250 per item, and
2. The advertising material is not obtained from a manufacturer, its authorized vendor, or any wholesale wine or beer licensee.
A retail licensee shall retain for at least two years a record of its procurement of, including any payments for, such advertising materials along with an invoice or sales ticket containing a description of the item so purchased or otherwise procured.
D.
E.
Except as otherwise provided in this subtitle, a retail licensee shall not display in the interior of its licensed establishment any alcoholic beverage advertising materials, other than those that may be lawfully obtained and displayed in accordance with this section or Board regulation.
E.
F.
Nothing in this section shall be construed to prohibit any advertising materials permitted under Board regulations in effect on January 1, 2007.