4.1-325.2 - Prohibited acts by employees of wine or beer licensees; penalty.
§ 4.1-325.2. Prohibited acts by employees of wine or beer licensees; penalty.
A. In addition to the provisions of § 4.1-324, no retail wine or beerlicensee or his agent or employee shall consume any alcoholic beverages whileon duty and in a position that is involved in the selling or serving ofalcoholic beverages to customers.
The provisions of this subsection shall not prohibit any retail licensee orhis designated employee from (i) consuming product samples or sample servingsof beer or wine provided by a representative of a licensed beer or winewholesaler or manufacturer, if such samples are provided in accordance withBoard regulations and the retail licensee or his designated employee does notviolate the provisions of subdivision 1 g of § 4.1-225 or (ii) tasting analcoholic beverage that has been or will be delivered to a customer forquality control purposes.
B. For the purposes of subsection A, a wine or beer wholesaler or farm winerylicensee or its employees that participate in a wine or beer tastingsponsored by a retail wine or beer licensee shall not be deemed to be agentsof the retail wine or beer licensee.
C. No retail wine or beer licensee, or his agent or employee shall make anygift of an alcoholic beverage, other than as a gift made (i) to a personalfriend, as a matter of normal social intercourse, so long as the gift is inno way a shift or device to evade the restriction set forth in thissubsection; (ii) to a person responsible for the planning, preparation orconduct on any conference, convention, trade show or event held or to be heldon 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 subsection; (iii) pursuant tosubsection C of § 4.1-209; or (iv) pursuant to subdivision A 12 of § 4.1-201. Any gift permitted by this subsection 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 thissubsection.
D. Any person convicted of a violation of this section shall be subject to acivil penalty in an amount not to exceed $500.
(2002, c. 105; 2003, c. 856; 2006, cc. 256, 826.)