Final Text
3VAC5-70-210. Schedule of penalties for first-offense violations.
A. Any licensee charged with any violation of board
regulations or statutes listed below in this subsection, if the
licensee has no other pending charges and has not had any substantiated violations
of regulation or statute within the three years immediately preceding the date
of the violation, may enter a written waiver of hearing and (i) accept the
period of license suspension set forth below in this subsection
for the violation, or (ii) pay the civil charge set forth [ below in
this subsection ] for the violation in lieu of suspension. In the case
of a violation involving the sale of beer, wine, or mixed beverages to a person
at least 18 but under younger than 21 years of age, or to an intoxicated
person, or allowing consumption of such beverages by such person, any retail
licensee that can demonstrate that it provided alcohol seller/server seller
or server training certified in advance by the board to the employee
responsible for such violation within the 12 months immediately preceding the
alleged violation may accept the lesser period of license suspension or pay the
lesser civil charge listed below for the violation in lieu of
suspension. Any notice of hearing served on a licensee for a violation covered
by this section shall contain a notice of the licensee's options under this
section. Any licensee who fails to notify the board of its intent to exercise
one of the options provided for under this section within 20 days after the
date of mailing of the notice of hearing shall be deemed to have waived the
right to exercise such options, and the case shall proceed to hearing.
For good cause shown, the board may, in its discretion, allow a licensee to
exercise the options provided for under this section beyond the 20-day period.
VIOLATION |
SUSPENSION |
CIVIL CHARGE |
SUSPENSION WITH CERTIFIED TRAINING |
CIVIL CHARGE WITH CERTIFIED TRAINING |
Sale of beer, wine, or mixed beverages to a person at
least 18 but |
25 days |
|
5 days |
|
Allowing consumption of beer, wine, or mixed beverages by a
person at least 18 but |
25 days |
|
5 days |
|
Aiding and abetting the purchase of alcoholic beverages by a
person at least 18 but |
10 days |
|
|
|
Keeping unauthorized alcoholic beverages on the premises, upon which appropriate taxes have been paid. |
7 days |
|
|
|
Allow an intoxicated person to loiter on the premises. |
7 days |
|
|
|
Sale to an intoxicated person. |
25 days |
|
5 days |
|
Allow consumption by an intoxicated person. |
25 days |
|
5 days |
|
After hours sales or consumption of alcoholic beverages. |
10 days |
|
|
|
No designated manager on premises. |
7 days |
|
|
|
Invalid check to wholesaler or board. |
7 days |
|
|
|
Inadequate illumination. |
7 days |
|
|
|
ABC license not posted. |
7 days |
|
|
|
Not timely submitting report required by statute or regulation. |
7 days |
|
|
|
Designated manager not posted. |
7 days |
|
|
|
Person |
7 days |
|
|
|
Sale of alcoholic beverages in unauthorized place or manner. |
10 days |
|
|
|
Consumption of alcoholic beverages in unauthorized area. |
7 days |
|
|
|
Removal of alcoholic beverages from authorized area. |
7 days |
|
|
|
Failure to obliterate mixed beverage stamps. |
7 days |
|
|
|
Employee on duty consuming alcoholic beverages. |
7 days |
|
|
|
Conducting illegal happy hour. |
7 days |
|
|
|
Illegally advertising happy hour. |
7 days |
|
|
|
Unauthorized advertising. |
7 days |
|
|
|
Failure to remit state |
10 days |
|
|
|
Wholesaler sale of |
10 days |
|
|
|
Wholesaler sale of |
10 days |
|
|
|
B. For purposes of this section, the Virginia Department of
Alcoholic Beverage Control Authority will certify alcohol seller/server
seller or server training courses that provide instruction on all the
topics listed on the Seller/Server Training Evaluation form. The following
steps should be completed to submit a training program for approval:
1. Complete the Alcohol Seller/Server Training Data Sheet and review the Seller/Server Training Evaluation form to make sure the program will meet the listed criteria; and
2. Submit the Alcohol Seller/Server Training Data Sheet and a copy of the proposed training program materials for review. Materials submitted should include copies of any lesson plans and instructional materials used in the training program.
Requests for certification of training courses should be sent to:
|
Virginia |
|
Education Section |
|
P.O. Box 27491 |
|
Richmond, VA 23261 |
|
Email |
Persons in charge of any certified alcohol server training course
shall maintain complete records of all training classes conducted, including
the date and location of each class, and the identity of all those
successfully completing the course.
C. For a licensee that operates more than one retail establishment, each such establishment shall be considered a separate licensee for the purpose of this section.