4.1-201.1 - Conduct not prohibited by this title; tastings conducted by manufacturers, wine or beer wholesalers, and authorized representatives.
§ 4.1-201.1. Conduct not prohibited by this title; tastings conducted bymanufacturers, wine or beer wholesalers, and authorized representatives.
A. Manufacturers of alcoholic beverages, whether or not licensed in theCommonwealth, and wine or beer wholesalers may conduct tastings of wine,beer, or spirits within hotels, restaurants, and clubs licensed foron-premises consumption provided:
1. The tastings are conducted only by (i) employees of such manufacturers orwholesalers or (ii) authorized representatives of such manufacturers orwholesalers, which authorized representatives have obtained a permit inaccordance with subdivision A 15 of § 4.1-212;
2. Such employees or authorized representatives are present while thetastings are being conducted;
3. No category of alcoholic beverage products is offered to consumers unlessthe retail licensee on whose premises the tasting is conducted is licensed tosell that category of alcoholic beverage product;
4. All alcoholic beverage products used in the tasting are served to theconsumer by employees of the retail licensee;
5. The quantity of wine, beer, or spirits provided to any person during thetasting does not exceed 12 ounces of beer, five ounces of wine, or one andone-half ounces of spirits; however, for any spirits tastings, no singlesample shall exceed one-half ounce per spirits product offered and no morethan three spirits products may be offered to any patron; and
6. All alcoholic beverage products used in the tasting are purchased from theretail licensee on whose premises the tasting is conducted; except that nomore than $100 may be expended by or on behalf of any such manufacturer orwholesaler at any retail licensed premises during any 24-hour period. For thepurposes of this subdivision, the $100 limitation shall be exclusive of taxesand gratuities, which gratuities may not exceed 20 percent of the cost of thealcoholic beverages, including taxes, for the alcoholic beverages purchasedfor the tasting.
B. Manufacturers, wholesalers, and their authorized representatives shallkeep complete records of each tasting authorized by this section for a periodof not less than two years, which records shall include the date and place ofeach tasting conducted and the dollar amount expended by the manufacturer,wholesaler, or his agent or representative in the purchase of the alcoholicbeverages used in the tasting.
C. Manufacturers and wholesalers shall be held liable for any violation ofthis section committed by their employees or authorized representative inconnection with their employment or representation at any tasting event.
(2006, c. 826; 2007, cc. 452, 722.)