A. No person having any interest, direct or indirect, in the manufacture, distribution, or sale of spirits or other alcoholic beverages shall, without a permit granted by the Board and upon such conditions as the Board may prescribe, solicit either directly or indirectly (i) a mixed beverage licensee; (ii) any agent, servant, or employee of such licensee; or (iii) any person connected with the licensee in any capacity whatsoever in his licensed business, to sell or offer for sale the particular spirits or other alcoholic beverage in which such person may be so interested.
The Board, upon proof of any solicitation in violation of this subsection, may suspend or terminate the sale through government stores or its purchase of the brand of spirits or other alcoholic beverage which was the subject matter of the unlawful solicitation or promotion. In addition, the Board may suspend or terminate the sale through such stores or its purchase of all brands of spirits or other alcoholic beverages manufactured or distributed by either the employer or principal of such solicitor, the broker, or by the owner of the brand of spirits unlawfully solicited or promoted. The Board may impose a civil penalty not to exceed $250,000 in lieu of such suspension or termination of sales through government stores or purchases by the Board or portion thereof, or both.
Any person convicted of a violation of this subsection shall be guilty of a Class 1 misdemeanor.
B. No mixed beverage licensee or any agent, servant, or employee of such licensee, or any person connected with the licensee in any capacity whatsoever in his licensed business shall, either directly or indirectly, be a party to, consent to, solicit, or aid or abet another in a violation of subsection A.
The Board may suspend or revoke the license granted to such licensee, or may impose a civil penalty not to exceed $25,000 in lieu of such suspension or any portion thereof, or both.
Any person convicted of a violation of this subsection shall be guilty of a Class 1 misdemeanor.
1968, c. 7, § 4-98.16; 1988, c. 786; 1990, c. 442; 1993, c. 866.
Structure Code of Virginia
Title 4.1 - Alcoholic Beverage and Cannabis Control
Chapter 3 - Prohibited Practices; Penalties; Procedural Matters
§ 4.1-300. Illegal manufacture and bottling; penalty
§ 4.1-301. Conspiracy to violate § 4.1-300; penalty
§ 4.1-302. Illegal sale of alcoholic beverages in general; penalty
§ 4.1-302.1. Use of alcohol vaporizing devices prohibited; penalty
§ 4.1-302.2. Sale, purchase, use of powdered or crystalline alcohol prohibited; penalty
§ 4.1-303. Purchase of alcoholic beverages from person not authorized to sell; penalty
§ 4.1-304. Persons to whom alcoholic beverages may not be sold; proof of legal age; penalty
§ 4.1-306. Purchasing alcoholic beverages for one to whom they may not be sold; penalty; forfeiture
§ 4.1-309. Drinking or possessing alcoholic beverages in or on public school grounds; penalty
§ 4.1-309.1. Possessing or consuming alcoholic beverage while operating a school bus; penalty
§ 4.1-310.1. Delivery of wine or beer to retail licensee
§ 4.1-311. Limitations on transporting lawfully purchased alcoholic beverages; penalty
§ 4.1-313. Possessing, transporting, etc., alcoholic beverages illegally acquired; penalty
§ 4.1-314. Keeping, possessing, or storing still or distilling apparatus without a permit; penalty
§ 4.1-316. Keeping or drinking alcoholic beverages upon premises of club; penalty
§ 4.1-317. Maintaining common nuisances; penalties
§ 4.1-318. Violations by armed person; penalty
§ 4.1-319. Disobeying subpoena; hindering conduct of hearing; penalty
§ 4.1-320. Illegal advertising; penalty; exception
§ 4.1-321. Delivery of alcoholic beverages to prisoners in jail prohibited; penalty
§ 4.1-322. Possession or consumption of alcoholic beverages by interdicted persons; penalty
§ 4.1-323. Attempts; aiding or abetting; penalty
§ 4.1-324. Illegal sale or keeping of alcoholic beverages by licensees; penalty
§ 4.1-325. Prohibited acts by mixed beverage licensees; penalty
§ 4.1-325.01. Combined licenses for same premises
§ 4.1-325.1. Falsifying application; penalty
§ 4.1-325.2. Prohibited acts by employees of wine or beer licensees; penalty
§ 4.1-326. Sale of; purchase for resale; wine or beer from a person without a license; penalty
§ 4.1-327. Prohibiting transfer of wine or beer by licensees; penalty
§ 4.1-328. Prohibited trade practices; penalty
§ 4.1-329. Illegal advertising materials; penalty
§ 4.1-330. Solicitation by persons interested in manufacture, etc., of alcoholic beverages; penalty
§ 4.1-332. Nonpayment of excise tax on beer, wine coolers, and wine; additional penalties
§ 4.1-333. Interdiction of intoxicated driver
§ 4.1-335. Enjoining nuisances
§ 4.1-336. Contraband beverages and other articles subject to forfeiture
§ 4.1-338. Confiscation proceedings; disposition of forfeited articles
§ 4.1-339. Search and seizure of conveyances or vehicles used in violation of law; arrests
§ 4.1-346. Contraband beverages
§ 4.1-348. Beverages not licensed under this subtitle
§ 4.1-349. Punishment for violations of title or regulations; bond
§ 4.1-350. Witness not excused from testifying because of self-incrimination
§ 4.1-351. Previous convictions
§ 4.1-352. Certificate of forensic scientist as evidence; requiring forensic scientist to appear
§ 4.1-353. Label on sealed container prima facie evidence of alcoholic content
§ 4.1-354. No recovery for alcoholic beverages illegally sold