3VAC5-70-100. Gifts of alcoholic beverages generally; exceptions; wine and beer tastings; taxes and records.
A. Gifts of alcoholic beverages by a licensee to any other person are prohibited except as otherwise provided in this section or as provided in §§ 4.1-119 G, 4.1-201, 4.1-201.1, 4.1-205, 4.1-209, 4.1-325, and 4.1-325.2 of the Code of Virginia.
B. Gifts of alcoholic beverages may be made by licensees as follows:
1. Personal friends. Gifts may be made to personal friends as a matter of normal social intercourse when in no wise a shift or device to evade the provisions of this section.
2. Samples. A representative of a wholesaler, winery,
brewery, or importer may give a retail licensee a sample serving or a
container not then sold by such licensee of wine or beer
, which such
wholesaler otherwise may sell to such retail licensee, if (i) the
licensee is licensed to sell such product, provided that in the case of
containers, the container does not exceed 52 fluid ounces in size (1.5 liters
if in a metric-sized container) and (ii) the label bears the word
"Sample" in lettering of reasonable size. Such samples may not be
sold. For good cause shown the board may authorize a larger sample container. Samples
must be obtained from licensed wholesalers or purchased from retail licensees
in the Commmonwealth.
3. Hospitality rooms; conventions. The following activities are permitted:
a. A brewer or vintner may give samples of his products to visitors to his winery or brewery for consumption on premises only in a hospitality room approved by the board, provided the donees are persons to whom such products may be lawfully sold; and
b. A manufacturer, importer, bottler, broker, or wholesaler may host an event at conventions of national, regional or interstate associations or foundations organized and operated exclusively for religious, charitable, scientific, literary, civil affairs, educational or national purposes upon the premises occupied by such licensee, or upon property of the licensee contiguous to such premises, or in a development contiguous to such premises, owned and operated by the licensee or a wholly owned subsidiary.
4. Conventions; educational programs, including alcoholic beverage tastings; research; licensee associations. Manufacturers, importers, bottlers, brokers, and wholesalers may donate alcoholic beverages to:
a. A convention, trade association or similar gathering, composed of licensees and their guests, when the alcoholic beverages donated are intended for consumption during the convention;
b. Retail licensees attending a bona fide educational program relating to the alcoholic beverages being given away;
c. Research departments of educational institutions, or alcoholic research centers, for the purpose of scientific research on alcoholism; and
d. Official associations of alcoholic beverage industry members when conducting a bona fide educational program concerning alcoholic beverages, with no promotion of a particular brand, for members and guests of particular groups, associations, or organizations.
5. Conditions. Exceptions authorized by subdivisions 3 b and 4 of this subsection are conditioned upon the following:
a. That prior written notice of the activity be submitted to the board describing it and giving the date, time and place of such activity; and
b. That the activity be conducted in a room or rooms set aside for that purpose and be adequately supervised.
C. Wine and beer wholesalers may participate in a wine or beer tasting sponsored by a gourmet shop licensee for its customers and may provide educational material, oral or written, pertaining thereto, as well as participate in the pouring of such wine or beer.
D. Any gift authorized by this section shall be subject to the taxes imposed on sales by Title 4.1 of the Code of Virginia, and complete and accurate records shall be maintained.