Alcoholic beverage control; powers and duties of the Alcoholic Beverage Control Board. (HB1075)

Introduced By

Del. Terrie Suit (R-Virginia Beach)

Description

Alcoholic beverage control; powers and duties of the Alcoholic Beverage Control Board generally; prohibited acts by licensees; exceptions. Requires the ABC Board to adopt regulations allowing an on-premises licensee to reduce the length of any suspension or reduce the amount of any civil penalty if the licensee can demonstrate that it provided certified alcohol server training, including the Serve Safe Alcohol training through the National Restaurant Association, to its employees. The bill also authorizes an on-premises restaurant licensee to use alcoholic beverages that the licensee otherwise is authorized to purchase and possess for the purposes of preparing and selling for on-premises consumption food products with a final alcohol content of more than one-half of one percent by volume, as long as such food products are sold and consumed by persons who are 21 years of age or older. The bill provides that no ABC Board regulation may prohibit this. The bill prohibits a licensee from conducting a happy hour or related promotion at a licensed restaurant except during hours permitted by Board regulation. During any happy hour or related promotion, no licensee may (i) allow a person to possess more than two drinks; (ii) increase the volume of alcoholic beverages contained in a drink without increasing the customary or established retail price charged for such drink; (iii) sell two or more drinks for one price; (iv) sell pitchers of mixed beverages, other than sangria; (v) give away free alcoholic beverages; or (vi) sell an unlimited number of drinks for one price. Any customary pricing of alcoholic beverages by a licensee outside of any happy hour specials shall not be deemed a violation of the above prohibitions. In addition, the ABC Board is prohibited from adopting regulations prohibiting any mixed beverage licensee from pre-mixing, either in a frozen drink dispenser of a type approved by the Board, or otherwise, mixed alcoholic beverages for purposes of sale and consumption on the licensed premises. The bill requires the ABC Board to adopt regulations providing for alternative methods for licensees to maintain and store business records that are subject to Board inspection, including methods for Board-approved electronic and off-site storage. The bill also defines the term "reasonable hours" for purposes of ABC Board inspection of retail licensee records. For mixed beverage restaurant licensees, the food sale requirement is changed from 45 percent to an average of $4,000 per month annually from such licensee's gross receipts. A mixed beverage licensee is authorized to mix wine, beer and spirits as an alcoholic beverage drink for a patron. The ABC Board is required to set wholesale prices for alcoholic beverages and Board-approved products sold to mixed beverage licensees. The bill also requires the ABC Board to fix the retail prices at which the same products are sold to consumers. The bill contains technical amendments. Read the Bill »

Outcome

History