4.1-324 - Illegal sale or keeping of alcoholic beverages by licensees; penalty.
§ 4.1-324. Illegal sale or keeping of alcoholic beverages by licensees;penalty.
A. No licensee or any agent or employee of such licensee shall:
1. Sell any alcoholic beverages of a kind other than that which such licenseor this title authorizes him to sell;
2. Sell beer to which wine, spirits or alcohol has been added, except that amixed beverage licensee may combine wine or spirits, or both, with beerpursuant to a patron's order;
3. Sell wine to which spirits or alcohol, or both, have been added, otherwisethan as required in the manufacture thereof under Board regulations, exceptthat a mixed beverage licensee may (i) make sangria that contains brandy,triple sec, or other similar spirits and (ii) combine beer or spirits, orboth, with wine pursuant to a patron's order;
4. Sell alcoholic beverages of a kind which such license or this titleauthorizes him to sell, but to any person other than to those to whom suchlicense or this title authorizes him to sell;
5. Sell alcoholic beverages which such license or this title authorizes himto sell, but in any place or in any manner other than such license or thistitle authorizes him to sell;
6. Sell any alcoholic beverages when forbidden by this title;
7. Keep or allow to be kept, other than in his residence and for his personaluse, any alcoholic beverages other than that which he is authorized to sellby such license or by this title;
8. Sell any beer to a retail licensee, except for cash, if the seller holds abrewery, bottler's or wholesale beer license;
9. Sell any beer on draft and fail to display to customers the brand of beersold or misrepresent the brand of any beer sold;
10. Sell any wine for delivery within the Commonwealth to a retail licensee,except for cash, if the seller holds a wholesale wine or farm winery license;
11. Keep or allow to be kept or sell any vaporized form of an alcoholicbeverage produced by an alcohol vaporizing device;
12. Keep any alcoholic beverage other than in the bottle or container inwhich it was purchased by him except: (i) for a frozen alcoholic beverage;and (ii) in the case of wine, in containers of a type approved by the Boardpending automatic dispensing and sale of such wine; or
13. 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. Neither this section nor any Board regulation shall prohibit anon-premises restaurant licensee from using alcoholic beverages that thelicensee otherwise is authorized to purchase and possess for the purposes ofpreparing and selling for on-premises consumption food products with a finalalcohol content of more than one-half of one percent by volume, as long assuch food products are sold to and consumed by persons who are 21 years ofage or older.
(Code 1950, § 4-60; 1970, c. 360; 1974, c. 460; 1984, c. 603; 1993, c. 866;1998, c. 238; 2006, c. 714; 2008, cc. 513, 629, 875.)