Preliminary Draft Text
3VAC5-20-10. Advertising; generally; cooperative advertising; federal laws; cider; restrictions.
A. All alcoholic beverage advertising is permitted in this
Commonwealth except that which is prohibited or otherwise limited or restricted
by regulation of the board and such advertising shall not be blatant or
obtrusive. Any editorial or other reading matter in any periodical,
publication or newspaper for the publication of which no money or other
valuable consideration is paid or promised, directly or indirectly, by or for
the benefits of any permittee or licensee does not constitute advertising.
B. Advertising of cider, as defined in § 4.1-213 of the Code of Virginia, shall conform to the requirements for advertising beer.
C. The board may issue a permit authorizing a variance from any of its advertising regulations for good cause shown.
D. No advertising shall contain any statement, symbol, depiction or reference that:
1. Would tend to induce minors to drink, or would tend to induce persons to consume to excess;
2. Is obscene or is suggestive of any illegal activity;
3. Incorporates the use of any present or former athlete or
athletic team or implies that the product enhances athletic prowess; except that,
persons granted a license to sell wine or beer may display within their
licensed premises point-of-sale advertising materials that incorporate the use
of any present or former professional athlete or athletic team, provided
that such advertising materials: (i) otherwise comply with the applicable
regulations of the Federal Bureau of Alcohol, Tobacco and Firearms appropriate
federal agency and (ii) do not depict any athlete consuming or about to
consume alcohol prior to or while engaged in an athletic activity, do not
depict an athlete consuming alcohol while the athlete is operating or about to
operate a motor vehicle or other machinery, and do not imply that the alcoholic
beverage so advertised enhances athletic prowess;
4. Is false or misleading in any material respect;
5. Implies or indicates, directly or indirectly, that the product is government endorsed by the use of flags, seals or other insignia or otherwise;
6. Makes any reference to the intoxicating effect of any alcoholic beverages;
7. Constitutes or contains a contest or sweepstakes where a purchase is required for participation; or
8. Constitutes or contains an offer to pay or provide anything
of value conditioned on the purchase of alcoholic beverages, except for refund
coupons and combination packaging for wine. Any such combination
packaging shall be limited to packaging provided by the manufacturer that is
designed to be delivered intact to the consumer.
E. The board shall not regulate advertising of nonalcoholic beer or nonalcoholic wine so long as (i) a reasonable person by common observation would conclude that the advertising clearly does not represent any advertisement for alcoholic beverages and (ii) the advertising prominently states that the product is nonalcoholic.
3VAC5-20-30. Advertising; exterior.
Outdoor alcoholic beverage advertising shall comply with
3VAC5-20-10, and shall be limited to signs and is otherwise
discretionary, except as follows:
1. Manufacturers and wholesalers, including wineries and farm
wineries:
a. No more than one sign upon the licensed premises, no
portion of which may be higher than 30 feet above ground level on a
wholesaler's premises;
b. No more than two signs, which must be directional in
nature, not farther than 1/2 mile from the licensed establishment limited in
dimension to 64 square feet with advertising limited to brand names;
c. If the establishment is a winery also holding a retail
off-premises winery license or is a farm winery, additional directional signs
with advertising limited to trade names, brand names, the terms "farm
winery" or "winery," and tour information, may be erected in
accordance with state and local rules, regulations and ordinances; and
d. Only on vehicles and uniforms of persons employed
exclusively in the business of a manufacturer or wholesaler, which shall
include any antique vehicles bearing original or restored alcoholic beverage
advertising used for promotional purposes. Additionally, any person whether
licensed in this Commonwealth or not, may use and display antique vehicles
bearing original or restored alcoholic beverage advertising.
2. Retailers, including mixed beverage licensees, other than
carriers and clubs:
a. No more than two signs at the establishment and, in the
case of establishments at intersections, three signs, the advertising on which,
including symbols approved by the United States Department of Transportation
relating to alcoholic beverages, shall be limited to 12 inches in height or
width and not animated and, in the case of signs remote from the premises,
subordinate to the main theme and substantially in conformance with the size
and content of advertisements of other services offered at the establishment;
b. Signs may not include any reference to or depiction of
"Happy Hour," or references or depictions of similar import,
including references to "special" or "reduced" prices or
similar terms when used as inducements to purchase or consume alcoholic
beverages, except that, notwithstanding the provisions of 3VAC5-50-160 B 8, a
retail licensee may post one two-dimensional sign not exceeding 17" x
22", attached to the exterior of the licensed premises, limited in content
to the terms "Happy Hour" or "Drink Specials" and the time
period within which alcoholic beverages are being sold at reduced prices; and
c. No advertising of alcoholic beverages may be displayed
in exterior windows or within the interior of the retail establishment in such
a manner that such advertising materials may be viewed from the exterior of the
retail premises, except on table menus or newspaper tear sheets.
3. Manufacturers, wholesalers and retailers may engage in
billboard advertising within stadia, coliseums or racetracks that are used
primarily for professional or semiprofessional athletic or sporting events.
A. No outdoor alcoholic beverage advertising shall depict persons consuming alcoholic beverages, use cartoon characters in any way, or use persons who have not attained the minimum drinking age as models or actors.
B. No outdoor alcoholic beverage advertising shall be placed in violation of §4.1-112.2 of the Code of Virginia.
C. No outdoor alcoholic beverage advertising shall be placed on property zoned exclusively for agricultural or residential uses, or on un-zoned property.
D. All outdoor alcoholic beverage advertising must also comply with the provisions of Chapter 7 of Title 33.1 of the Code of Virginia and the regulations of the Virginia Department of Transportation promulgated pursuant thereto.
E. No alcoholic beverage manufacturer, importer or wholesale licensee may sell, rent, lend, buy for or give to any retail licensee any outdoor alcoholic beverage advertising, any billboard placements for such advertising or in any other way confer on any retail licensee anything of value that constitutes outdoor alcoholic beverage advertising.
F. No alcoholic beverage manufacturer, importer or wholesale licensee may engage in cooperative advertising, as defined in 3VAC5-30-80, on behalf of any retail licensee.
G. No alcoholic beverage manufacturer or importer may require a wholesale licensee to place outdoor alcoholic beverage advertising or exercise control over the funds of a wholesale licensee for any purpose, including but not limited to, the purchase of outdoor alcoholic beverage advertising.
3VAC5-20-60. Advertising; novelties and specialties.
Distribution of novelty and specialty items, including wearing apparel, bearing alcoholic beverage advertising, shall be subject to the following limitations and conditions:
1. Items not in excess of $10 in wholesale value may be given away;
2. Manufacturers, importers, bottlers, brokers, wholesalers or their representatives may give licensed retailers items not in excess of $10 in wholesale value in quantities equal to the number of employees of the retail establishment present at the time the items are delivered. Thereafter, such employees may wear or display the items on the licensed premises. Neither manufacturers, importers, bottlers, brokers, wholesalers or their representatives may give such items to patrons on the premises of retail licensees; however, manufacturers or their authorized representatives other than wholesalers conducting tastings pursuant to the provisions of § 4.1-201.1 of the Code of Virginia may give no more than one such item to each consumer provided a sample of alcoholic beverages during the tasting event; and such items bearing moderation and responsible drinking messages may be displayed by the licensee and his employees on the licensed premises and given to patrons on such premises as long as any references to any alcoholic beverage manufacturer or its brands are subordinate in type size and quantity of text to such moderation message;
3. Items in excess of $10 in wholesale value may be donated by distilleries, wineries and breweries only to participants or entrants in connection with the sponsorship of conservation and environmental programs, professional, semi-professional or amateur athletic and sporting events subject to the limitations of 3VAC5-20-100, and for events of a charitable or cultural nature;
4. Items may be sold by mail upon request or over-the-counter at retail establishments customarily engaged in the sale of novelties and specialties, provided they are sold at the reasonable open market price in the localities where sold;
5. Wearing apparel shall be in adult sizes; and
6. Point-of-sale order blanks, relating to novelty and
specialty items, may be provided by beer and wine wholesalers to retail
licensees for use on their premises, if done for all retail licensees equally
and after obtaining the consent, which may be a continuing consent, of each
retailer or his representative. Wholesalers may not be involved in the
redemption process. ; and
7. Novelty and specialty items bearing alcoholic beverage advertising may not be distributed to persons under the legal drinking age.
3VAC5-20-90. Advertising; coupons.
A. "Normal retail price" shall mean the average retail price of the brand and size of the product in a given market, and not a reduced or discounted price.
B. Coupons may be advertised in accordance with the following conditions and restrictions:
1. Manufacturers or importers of spirits, wine and beer
may use only consumer mail-in refund, not instantly redeemable
discount, coupons. The coupons may not exceed 50% of the normal retail price and
may not be honored at a retail outlet or state government store but
shall be mailed directly to the manufacturer or importer or its designated
agent. Such agent may not be a wholesaler or retailer of alcoholic beverages. Consumer
proof of purchase (such as a dated, retail specific receipt) is required for
redemption of all consumer coupons. Coupons are permitted in the
print media, the Internet, by direct mail or electronic mail to consumers or as
part of, or attached to, the package. Beer and wine Manufacturers,
importers, bottlers, brokers, wholesalers, and their representatives
may provide coupon pads to retailers for use by retailers on their premises, if
done for all retail licensees equally and after obtaining the consent, which
may be a continuing consent, of each retailer or his representative. Wholesale
licensees may attach refund coupons to the package if done for all retail
licensees equally and after obtaining the consent, which may be a continuing
consent, for each retailer or his representative.
2. Manufacturers or importers offering refund coupons on
spirits and wine sold in state government stores shall notify the board at
least 45 15 days in advance of the issuance of the coupons of its
amount, its expiration date and the area of the Commonwealth in which it will
be primarily used, if not used statewide.
3. Wholesale licensees are not permitted to offer coupons.
4. Retail licensees may offer coupons, including their own discount or refund coupons, on wine and beer sold for off-premises consumption only. Retail licensees may offer their own coupons in the print media, at the point-of-sale or by direct mail to consumers.
5. No retailer may be paid a fee by manufacturers or wholesalers of alcoholic beverages for display or use of coupons and the name of the retail establishment may not appear on any refund coupons offered by manufacturers. No manufacturer or wholesaler may furnish any coupons or materials regarding coupons to retailers which are customized or designed for discount or refund by the retailer.
6. Retail licensees or employees thereof may not receive refunds on coupons obtained from the packages before sale at retail.
7. No coupons may be honored for any individual below the legal age for purchase.
3VAC5-20-100. Advertising; sponsorship of public events; restrictions and conditions.
A. Generally. Alcoholic beverage advertising in connection
with the sponsorship of public events shall be limited to sponsorship of
conservation and environmental programs, professional, semi-professional, or
amateur athletic and sporting events and events of a charitable or cultural
nature by distilleries, wineries, and breweries, importers, and
bottlers.
B. Restrictions and conditions.
1. Any sponsorship on a college, high school or younger age level is prohibited;
2. Cooperative advertising, as defined in 3VAC5-30-80, is prohibited;
3. Awards or cContributions of alcoholic
beverages are prohibited;
4. Advertising of alcoholic beverages shall conform in size and content to the other advertising concerning the event and advertising regarding charitable events shall place primary emphasis on the charitable fund raising nature of the event;
5. A charitable event is one held for the specific purpose of raising funds for a charitable organization which is exempt from federal and state taxes;
6. Advertising in connection with the sponsorship of an event
may be only in the any media, such as print media, the
Internet or other electronic means, television or radio, or by direct mail or
flyers to consumers; including programs, tickets and schedules for
the event,; on the inside of licensed or unlicensed retail
establishments and at the site of the event;
7. Advertising materials as defined in 3VAC5-30-60 G, table tents as defined in 3VAC5-30-60 H and canisters are permitted;
8. Prior written notice shall be submitted to the board describing the nature of the sponsorship and giving the date, time and place of it; and
9. Manufacturers may sponsor public events and wholesalers may only cosponsor charitable events.