3VAC5-70 Other Provisions

REGULATIONS

Vol. 27 Iss. 12 - February 14, 2011

TITLE 3. ALCOHOLIC BEVERAGES

ALCOHOLIC BEVERAGE CONTROL BOARD

Chapter 70

Final Regulation

Title of Regulation: 3VAC5-70. Other Provisions (amending 3VAC5-70-210).

Statutory Authority: §§ 4.1-103 and 4.1-227 of the Code of Virginia.

Effective Date: March 16, 2011.

Agency Contact: Jeffrey L. Painter, Chief Administrative Officer, Department of Alcoholic Beverage Control, P.O. Box 27491, Richmond, VA 23261, telephone [phone], FAX [phone], TTY [phone], or email [e-mail].

Summary:

This action carries out the mandate of Chapter 513 of the 2008 Acts of Assembly, which amends § 4.1-227 of the Code of Virginia and requires the Alcoholic Beverage Control Board to promulgate a regulation providing for a reduction in penalty in certain disciplinary actions against licensees, where the licensee can demonstrate that it has provided certified alcohol server training to its employees. The amended regulation encourages alcoholic beverage seller/server training.

Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.

3VAC5-70-210. Schedule of penalties for first-offense violations.

A. Any licensee charged with any violation of board regulations or statutes listed below, if the licensee has no other pending charges and has not had any substantiated violations of regulation or statute within the three years immediately preceding the date of the violation, may enter a written waiver of hearing and (i) accept the period of license suspension set forth below for the violation, or (ii) pay the civil charge set forth below for the violation in lieu of suspension. In the case of a violation involving the sale of beer, wine, or mixed beverages to a person at least 18 but under 21 years of age, or to an intoxicated person, or allowing consumption of such beverages by such person, any retail licensee that can demonstrate that it provided alcohol seller/server training certified in advance by the board to the employee responsible for such violation within the 12 months immediately preceding the alleged violation may accept the lesser period of license suspension or pay the lesser civil charge listed below for the violation in lieu of suspension. Any notice of hearing served on a licensee for a violation covered by this section shall contain a notice of the licensee's options under this section. Any licensee who fails to notify the board of its intent to exercise one of the options provided for under this section within 20 days after the date of mailing of the notice of hearing shall be deemed to have waived the right to exercise such options and the case shall proceed to hearing. For good cause shown, the board may, in its discretion, allow a licensee to exercise the options provided for under this section beyond the 20-day period.

VIOLATION	SUSPENSION	CIVIL CHARGE	SUSPENSION WITH CERTIFIED TRAINING	CIVIL CHARGE WITH CERTIFIED TRAINING
Sale of beer, wine or mixed beverages to a person at least 18 but under 21 years of age.	25 days	$2,000	5 days	$1,000
Allowing consumption of beer, wine, or mixed beverages by a person at least 18 but under 21 years of age.	25 days	$2,000	5 days	$1,000
Aiding and abetting the purchase of alcoholic beverages by a person at least 18 but under 21 years of age.	10 days	$1,000
Keeping unauthorized alcoholic beverages on the premises, upon which appropriate taxes have not been paid.	10 days	$1,000
Keeping unauthorized alcoholic beverages on the premises, upon which appropriate taxes have been paid.	7 days	$500
Allow gambling on the premises, if licensee, agent, or employee is participant, but is not conducting the gambling event or operation.	10 days	$1,000
Allow gambling on the premises, if licensee, agent, or employee is not participant nor conducting the gambling event or operation.	7 days	$500
Allow an intoxicated person to loiter on the premises.	7 days	$500
Sale to an intoxicated person.	25 days	$2,000	5 days	$1,000
Allow consumption by an intoxicated person.	25 days	$2,000	5 days	$1,000
After hours sales or consumption of alcoholic beverages.	10 days	$1,000
No designated manager on premises.	7 days	$500
Invalid check to wholesaler or board.	7 days	$250
Failure to keep records.	7 days	$500
Failure to maintain mixed beverage food ratio required by statute (not applicable if ratio falls below 30%).	10 days	$1,000
Inadequate illumination.	7 days	$500
ABC license not posted.	7 days	$500
Not timely submitting report required by statute or regulation.	7 days	$500
Designated manager not posted.	7 days	$500
Person less than 18 serving alcoholic beverages; less than 21 acting as bartender.	7 days	$500
Sale of alcoholic beverages in unauthorized place or manner.	10 days	$1,000
Consumption of alcoholic beverages in unauthorized area.	7 days	$500
Removal of alcoholic beverages from authorized area.	7 days	$500
Failure to obliterate mixed beverage stamps.	7 days	$500
Employee on duty consuming alcoholic beverages.	7 days	$500
Conducting illegal happy hour.	7 days	$500
Illegally advertising happy hour.	7 days	$500
Unauthorized advertising.	7 days	$500
Failure to remit state beer/wine tax (if deficiency has been corrected).	10 days	$1,000
Wholesaler sale of wine/beer in unauthorized manner.	10 days	$1,000
Wholesaler sale of wine/beer to unauthorized person.	10 days	$1,000

B. For purposes of this section, the Virginia Department of Alcoholic Beverage Control will certify alcohol seller/server training courses that provide instruction on all the topics listed on the Seller/Server Training Evaluation form. The following steps should be completed to submit a training program for approval:

1. Complete the Alcohol Seller/Server Training Data Sheet and review the Seller/Server Training Evaluation form to make sure the program will meet the listed criteria; and

2. Submit the Alcohol Seller/Server Training Data Sheet and a copy of the proposed training program materials for review. Materials submitted should include copies of any lesson plans and instructional materials used in the training program.

Requests for certification of training courses should be sent to:

Virginia Department of Alcoholic Beverage Control

Education Section

P. O. Box 27491

Richmond, VA 23261

Email correspondences: [e-mail]

Persons in charge of any certified alcohol server training course shall maintain complete records of all training classes conducted, including the date and location of each class, and the identity of all those successfully completing the course.

NOTICE: The following forms used in administering the above regulation were filed by the agency. Amended or new forms are listed and are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name to access a form. The forms are also available through the agency contact or at the Office of Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, VA 23219.

FORMS (3VAC5-70)

Order and Permit for Transportation of Alcohol, #703-69 (eff. 11/87).

Order and Permit for Transportation of Alcoholic Beverages, #703-73.

Mixed Beverage Annual Review-Instructions for Completion, #805-44 (rev. 11/06).

Application for Off Premises Keg Permit, #805-45 (eff. 1/93).

Application for Grain Alcohol Permit, #805-75.

Special Event License Application Addendum-Notice to Special Event Licenses Applicants, Form SE-1 (rev. 08/02).

Statement of Income & Expenses for Special Event Licenses (with instructions), Form SE-2 (rev. 08/02).

[ Alcohol Seller/Server Training Data (eff. 7/09).

Seller/Server Training Evaluation (eff. 7/09).

Alcohol Seller/Server Training Data Form and Evaluation Form (eff. 7/09). ]

VA.R. Doc. No. R09-1678; Filed February 2, 2011, 11:29 a.m.