CHAPTER 622

An Act to amend and reenact §§ 4-79 and 4-115, as amended, of the Code
of Virginia, relating to manufacturers and ‘wholesalers not to be in
terested in retail sales, and cleaning and servicing certain equipment.

[H 812]
Approved April 5, 1966

Be it enacted by the General Assembly of Virginia:
1. That §§ 4-79 and 4-115, as amended, of the Code of Virginia be
amended and reenacted as follows:

§ 4-79. (a) Prohibited matters—If any manufacturer, bottler or
wholesaler of alcoholic beverages, whether licensed in this State or not,
or 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 retail license is issued, under the provisions of this chapter, or
in the premises where the business of any person to whom such retail
license has been issued is conducted, or either directly or indirectly shall
sell, rent, lend, buy for, or give to any person who holds any retail license
issued under the provisions of this chapter, or to the owner of the premises
on which the business of any such person so licensed is conducted, or to
any governmental instrumentality, or employee thereof, selling alcoholic
beverages at retail, within the exterior limits of the Commonwealth of
Virginia, including all territory within these limits owned by or ceded to
the United States of America, any money, equipment, furniture, fixtures
or property, with which the business of such retailer is or may be con-
ducted, or for any other purpose, including a gift as an inducement or
remuneration for other purchases of such beverages, he shall be guilty of
& misdemeanor.

(b) Licensee consenting to violation.—If any person licensed here-
under to sell at retail any alcoholic beverages shall consent to any violation
of this section, he shall be guilty of a misdemeanor.

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

r.

(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 alcoholic beverages to persons hold-
ing licenses to sel] alcoholic 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 ice —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 alcoholic 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 prem-
Ises separate and apart from the premises of such manufacturer, bottler
or wholesaler of alcoholic beverages.

(f) Draft beer knobs and tapping equipment; bottle or can openers.—
This section shall not apply to the sale, renting, lending, buying for or
giving to any retailer by a manufacturer, bottler or wholesaler of alcoholic
beverages draft beer knobs or tapping equipment upon which any adver-
tising matter regarding alcoholic beverages may appear; provided, that
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 wholesaler, may sell, rent or lend to any retailer, for use only by a pur-
chaser of draft beer in kegs or barrels from such retailer, whatever tap-
ping equipment may be necessary for the purchaser to extract such draft
beer from its container; provided, further, that a manufacturer, bottler or
wholesaler may sell to any retailer any beer bottle opener or can opener
upon which advertising matter regarding alcoholic 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 regu-
lations of the Board, by wholesale licensees of the Board of stocks of the
brand or brands of alcoholic beverages sold by such wholesale licensees,

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8 4-115. (a) Prohibited interest in retail business; furnishing money,
equipment, etc—No manufacturer, 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, bottler or wholesaler of beverages, whether licensed in
this State or not, or 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 conducted, or to any governmental instrumentality or em-
ployee thereof, selling beverages as defined in § 4-99 at retail, any money,
equipment, furniture, fixtures or property with which the business of such
retailer is or may be conducted, or for any other purpose, including a gift
as an inducement or remuneration for other purchases of such beverages.
Any person violating the provisions of this section shall be guilty of a

emeanor 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 section
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 shail be con-
strued so as to prevent the sale of carbonic acid gas in containers by
manufacturers, 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 there-
for in the locality where sold.

(e) Sale of ice—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 sep-
arate and apart from the premises of such manufacturer, bottler or whole-
saler of beverages.

(f) Draft beer knobs and tapping equipment; bottle or can openers.—
This section shall not apply to the sale, renting, lending, buying for or
giving to any retailer by a manufacturer, bottler or wholesaler of bever-
ages of draft beer knobs or tapping equipment upon which any advertising
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 bever-
age from its container; provided, further that a manufacturer, bottler 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.

(gy) Rotation of brands of beverages.—This section shall not apply
to the rotation. in the premises of retail licensees in accordance with regu-
lations 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.