CHAPTER 79

in Act to emend and reenact § 4-115, as amended, of the Code of
Virginia, relating to manufacturers and wholesalers not to be inter-
ested in retail sales; cleaning and servicing equipment; sale of gas
or ice, renting, etc., bottle or can openers, draft beer knobs and tapping

equipment
[H 227]

Approved February 19, 1962

Be it enacted by the General Assembly of Virginia:
|. That § 4-115, as amended, of the Code of Virginia, be amended and
eenacted as follows:

§ 4-115. Manufacturers and wholesalers not to be interested in retat
ales; cleaning and servicing equipment; sale of gas or ice; renting, gic,
ottle or can openers, draft beer knobs and tapping equipment.—(a) Pro-
ibited interest in retail business; furnishing money, equipment, etc.—No
nanufacturer, bottler or wholesaler of beverages, whether licensed in this
State or not, nor any officer or director of any such manufacturer, bottler
or wholesaler shall have any financial interest direct or indirect, in the
business for which any retailer’s license under this chapter is issued, or in
the premises where the business of any person to whom a retailer’s license
has been issued hereunder is conducted; nor shall any manufacturer, bot-
tler or wholesaler of beverages, whether licensed in this State or not, nor
any officer or director of any such manufacturer, bottler or wholesaler,
rent, lend or give to any person licensed hereunder as a retailer, or to the
owner of the premises on which the business of any such retailer is con-
ducted, any money, equipment, furniture, fixtures or property with which
the business of such retailer is or may be conducted. Any person violating
the provisions of this section shall be guilty of a misdemeanor and upon
conviction shall be punished accordingly.

(b) Retail seller consenting to violation.—Any retailer consenting to
any violation of this section shall likewise be guilty of a misdemeanor and
upon conviction shall be punished accordingly.

(c) Cleaning and servicing equipment.—The provisions of this sec-
tion shall not, however, prevent any manufacturer, bottler or wholesaler
of beverages from cleaning and servicing, either free or for compensation,
beer coils and other like equipment used in dispensing beverages.

(d) Sale of carbonic acid gas.—Nothing in this section shall be con-
strued so as to prevent the sale of carbonic acid gas in containers by manu-
facturers, bottlers and wholesalers of beverages to persons holding licenses
to sell beverages at retail in Virginia, provided that there is charged for
such carbonic acid gas the reasonable open market price therefor in the
locality where sold.

(e) Sale of tce.—Nothing in this section shall be construed so as to
prevent any person, who is engaged or interested in the manufacture or
sale, or both, of ice and who is also a director or officer of a manufacturer,
bottler or wholesaler of beverages licensed in this State, from selling ice
to persons to whom retail licenses have been issued under the provisions of
this chapter; provided that such ice is manufactured on premises separate
and apart from the premises of such manufacturer, bottler or wholesaler
of beverages.

(f) Bottle or can openers, draft beer knobs and tapping equipment.
—This section shall not apply to the sale, renting, lending, buying for or
giving to any retailer by a manufacturer, bottler or wholesaler of bev-
erages * of draft beer knobs or tapping equipment upon which any adver-
tising matter regarding beverages may appear; provided, that * the draft
beer knobs shall not exceed in value the sum of five dollars in any one year,
and the tapping equipment shall not exceed in value the sum of ten dollars
in any one year; provided, further, that a manufacturer, bottler, or whole-
saler, may sell, rent or lend to any retailer, for use only by a purchaser of
draft * beverages in kegs or barrels from such retailer, whatever tapping
equipment may be necessary for the purchaser to extract such draft *
beverage from its container; provided, further that a manufacturer, bot-
tler or wholesaler may sell to any retailer any beer bottle opener or can
opener upon which advertising matter regarding beverages may appear if
such opener does not exceed in value the sum of five cents and a price of
not less than two cents is paid therefor.

(g) Rotation of brands of beverages.—This section shall not apply to
the rotation, in the premises of retail licensees in accordance with regula-
tions of the Board, by wholesale licensees of the Board of stocks of the
brand or brands of alcoholic beverages sold by such wholesale licensees,
provided such rotation is performed with the express consent in writing
of such retail licensees.