CHAPTER 134

AN ACT to amend and reenact § 4-79, as amended, of the Code of Virginia,
relating to interests of manufacturers, bottlers and wholesalers of
alcoholic beverages in businesses for which retail licenses are issued
under the Alcoholic Beverage Control Act.

ra 41991
Be it enacted by the General Assembly of Virginia:

1. That § 4-79, as amended, of the Code of Virginia be amended and reen-
acted as follows:

§ 4-79. (a) Prohibited matters——If any manufacturer, bottler or
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, any
money, equipment, furniture, fixtures or property, with which the busi-
ness of such retailer is or may be conducted, he shall be guilty of a mis-
demeanor.

(b) Licensee consenting to violation—If any person licensed here-
under to sell at retail any alcoholic beverages shall consent to any viola-
tion 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 com-
pensation, beer coils and other like equipment used in dispensing wine
an 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-
turers, 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 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 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;
provided, further, that a manufacturer, bottler, or wholesaler, may sell,
rent or lend to any retailer, for use only by a purchaser of draft beer
in kegs or barrels from such retailer, whatever tapping equipment may be
necessary for the purchaser to extract such draft beer from its container.

(g) This section shall not apply to the rotation, in the premises of
retail licensees in accordance with regulations of the Board, by wholesale
licensees of the Board of stocks of the brand or brands of alcoholic bev-
erages sold by such wholesale licensees, provided such rotation its per-
formed with the express consent in writing of such retail licensees.