5/7/2018 10:14 am Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
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Agency Decision
Promulgating Board: | Alcoholic Beverage Control Board |
Regulatory Coordinator: | LaTonya D. Hucks (804)213-4569 latonya.hucks@abc.virginia.gov |
Agency Contact: | LaTonya D. Hucks Legal Liaison (804)213-4698 latonya.hucks@abc.virginia.gov |
Contact Address: | Department of Alcoholic Beverage Control 2901 Hermitage Rd. Richmond, VA 23220 |
Chapter Affected: | |
3 vac 5 - 70: | Other Provisions |
Statutory Authority: |
State: Title 4.1, Code of Virginia Federal: |
Date Petition Received | 02/15/2018 |
Petitioner | Trevor Shand |
I am a married 43-year-old father of two.
I live in central Virginia, which has a great microbrew scene. A few months ago,
I picked up an old fridge and converted it to a kegerator so I could enjoy local brews
on tap.
But, I quickly realized, because of the keg laws in Virginia, buying kegs is a pain.
When I go into the grocery store, I have to go to customer service, wait in line,
fill out a tag, pay a deposit, have them bring up the keg, and tag it.
I live in Charlottesville, a college town, and while I am waiting in line, I routinely
watch a couple of college students check out with double digit number of 30 packs,
with no more hassle than showing an ID.
I guess I understand the original idea around the keg tagging laws but it seems to
be more bureaucracy and paperwork than actually accomplishing what it is supposed
to. Can I simply purchase a keg as I do cases or six-packs?
I may be a voice of one, but I for one would support repealing the keg laws, that
is:
3VAC5-70-180. Regulation of the Sale of Alcoholic Beverages in Kegs and Other Containers;
Permit and Registration; Other Requirements.
Below is a link to an article about Michigan repealing its similar law:
http://www.mlive.com/news/index.ssf/2017/11/michigan_keg_tag_law_repealed.html
Agency Plan
In accordance with Va. Code ยง2.2-4007.B, the petition has been filed with the Register
of Regulations. The petition will be published in the 34:15 Volume of The Register
on March 19, 2018. Public comment will be requested until April 9, 2018. Comment
on the petition may be sent by email, regular mail, or posted on the Virginia Regulatory
Townhall at www.townhall.virginia.gov. Following receipt of all comments on the petition
to amend the regulation, the Alcoholic Beverage Control Board will decide whether
to make any changes to the regulatory language. This matter will be considered by
the Board when they next convene following the end of the comment period (April 27,
2018). The Board will issue a written decision on the petition within 90 days of
the close of the comment period.
Publication Date | 03/19/2018 (comment period will also begin on this date) |
Comment End Date | 04/09/2018 |
Take no action
Agency Response Date | 05/07/2018 |
The Virginia Alcoholic Beverage Control Authority Board held a public comment period
concerning the petition that requested an amendment or repeal of the existing regulation
governing the sale of alcoholic beverages in kegs and other containers; permit and
registration; and other requirements. The petitioner requested an amendment or repeal
of the regulation's requirements for completing the keg decleration and receipt form
prior to purchase.
The Board took public comment at the meeting. The petitioner was not present. The
Board declined to take action in regards to the petition citing the public safety
concerns the regulation helps to mitigate outweigh the inconveniences the petitioner
cited in his request.