CHAPTER 62

An Act to amend and reenact § 4-79, as amended, of the Code of
Virginia, relating to manufacturers, etc., not to have interest in retatl
business or sell, rent, lend or give to retail licensees or to owners of
premises any equipment or money.

[H 209]

Approved February 15, 1962

Be it enacted by the General Assembly of Virginia:

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

§ 4-79. Manufacturers, etc., not to have interest in retail business or
sell, rent, lend or give to retail licensees or to owners of premises any equip-
ment or money.—(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, 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 section
shall not, however, prevent any manufacturer, bottler or wholesaler of alco-
holic beverages from cleaning and servicing, either free or for compensa-
tion, beer coils and other like equipment used in dispensing wine and beer.

) 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 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, bot-
tler 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 * 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 tapping
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 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.