CHAPTER 159

AN ACT to amend and reenact § 4-115, as amended, of the Code of Vir-
ginia, relating to certain prohibited activities by manufacturers,
wholesalers and bottlers of certain beverages. 3 48H

[S 196]

Approved March 3, 1958

Be it enacted by the General Assembly of Virginia:

1. That § 4-115, as amended, of the Code of Virginia, be amended and
reenacted as follows: ;

§ 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 re-
tailer’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 whole-
saler 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 conducted,
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 whole-
saler 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
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 manu-
facturer, 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 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
tapping equipment upon which any advertising matter regarding bever-
ages 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 equip-
ment 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
ae necessary for the purchaser to extract such draft beer from its con-

iner.

(g) This section shall not apply to the rotation, in the premises of
retail licensees in accordance with regulations of the Board, by whole-
sale 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.