CHAPTER 110

An Act to amend and reenact §§ 4-79 and 4-115 of the Code of Virginia,
relating to certain restrictions imposed on manufacturers, bottlers or
wholesalers of certain beverages.

[S 156]

Approved March 3, 1954
Be it enacted by the General Assembly of Virginia:

1. That §§ 4-79 and 4-115 of the Code of Virginia be amended and re-
enacted 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 whole-
saler, 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,
any money, equipment, furniture, fixtures or property, with which the
business of such retailer is or may be conducted, he shall be guilty of a
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 sec-
tion shall not, however, prevent any manufacturer, bottler or wholesaler
of alcoholic beverages from cleaning and servicing, either free or for
compensation, beer coils and other like equipment used in dispensing wine
and beer.

(d) Sale Of Carbonic Acid Gas.—Nothing in this section shall be
construed so as to prevent the sale of carbonic acid gas in containers by
manufacturers, bottlers and wholesalers of alcoholic beverages to persons
holding licenses to sell 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
premises separate and apart from the premises of such manufacturer,
bottler or wholesaler of alcoholic beverages.

(f) Bottle Or Can Openers, Draft Beer Knobs and Tapping Equip-
ment.—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 any beer bottle opener or can opener, draft beer knobs
or tapping equipment upon which any advertising matter regarding alco-
holic beverages may appear; provided, that * the bottle openers shall
not exceed in value the sum of * five cents each, 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.

§ 4-115. (a) 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 per-
son 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, nor any officer or director of any such manu-
facturer, 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, any money, equipment, furni-
ture, 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) 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 cotls and other like equipment used in dispensing beverages.

(d) Sale of Carbonic Acid Gas.—Nothing in this section shall be
construed 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
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 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 1s 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 Equip-
ment.—This section shall not apply to the sale, renting, lending, buying
for or giving to any retailer by a manufacturer, bottler or wholesaler of
beverages any beer bottle opener or can opener, draft beer knobs or tap-
ping equipment upon which any advertising matter regarding beverages
may appear; provided, that the bottle openers shall not exceed in value
the sum of five cents each, 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.