Virginia Regulatory Town Hall
Agency
Virginia Alcoholic Beverage Control Authority
 
Board
Virginia Alcoholic Beverage Control Board of Directors
 
chapter
Retail Operations [3 VAC 5 ‑ 50]
Action Clarifying and Simplifying Retailer Regulations
Stage Fast-Track
Comment Period Ended on 9/19/2007
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11 comments

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8/21/07  4:20 pm
Commenter: Kevin Martingayle

Objection to "Fast Tracking" Substantive ABC Regulation Changes
 

I represent a number of Virginia Beach and Norfolk area ABC establishments. I am concerned about the  "fast tracking" of clearly substantive changes to ABC regulations. These are not just "clarifications", and they deserve a more thorough process and debate. Also: (1)ABC needs to make it easier for the public to see what the current regs say, how they will be changed and why; (2)It appears that the current regs and the proposed changes go beyond the stated goals of the regulations (e.g., how do these regs/changes "prevent sales to those under the legal age or intoxicated" or "discourage over-consumption"?); and (3)ABC is ill-suited to determine (or enforce) what partially nude performers and licensees allowing such should and shouldn't be allowed to do. Accordingly, I respectfully OBJECT.    

CommentID: 478
 

8/25/07  2:39 pm
Commenter: W. Baldwin

objection
 

I would like to object to this fast track of abc policy.  I think that it does not add to easing ABC enforcement or understanding of abc regulations by the retailer.  Any change in policy should be part of a greater discussion with retailers sitting down with ABC to have clearly underlined policies that ALL understand.  This just puts more hard to interpret oversite on the retailer and also I think the current regulations cover the areas mentions. I think that most retailers are for good business and are willing to work with ABC.   Just give us a bigger part in the discussion so the regulations are full understood and the reasons for the regulations are understood as well. 

I object to this.

Thank You

 

CommentID: 480
 

8/25/07  3:24 pm
Commenter: James Kemp

Objection
 

I also would like to object to the fast tracking of so called "Clarifications". Some of the regulations should be debated more thouroughly, and have input form licensees so that none of these changes can be so open to interpretation in the future.

CommentID: 481
 

8/25/07  4:10 pm
Commenter: B. Wade

Objection To "Fast Tracking"
 

I object to fast tracking and believe the regulatoins should be debated more thouroughly.

CommentID: 482
 

8/25/07  9:37 pm
Commenter: Corinne Brainard

Objection
 
I definately object to any attempt by the State ABC trying to fast track anything without in-depth discussion and debate by all parties concerned. ABC regulations for a long time have been very vague and allows for individual interpretation by officers and  for selective enforcement. ABC  employees themselves cant explain half of their own regulations, a recent call to head offices with a question, resulted in 4 call transfers and no one knowing the answer..not even the person who WROTE the regulation. Any fast tracking of any amendments will increase confusion and more court legislation already tying up a over burdened legal system.   Thank you.
CommentID: 483
 

8/26/07  11:48 pm
Commenter: Richard Green - Richards Restaurantc& Lounge t/a RC's II

Object to
 

My name is Richard Green, owner of Richards Restaurant & Lounge in Norfolk, Va.

I  would like to register my objection to the "fast tracking" of the of proposed substantive
 changes to ABS regulations. Due to the substantive nature of  the proposed changes,
 I believe a public forum is warranted and necessary to discuss the matter.

I respectfully and strongly object.

Richard Green.

CommentID: 484
 

8/28/07  3:10 pm
Commenter: Johann Keady, Broad Decisions Inc

Objection
 

I am the manager of a go-go bar in Virginia and I object to the ABC proposed amendments to it’s regulations. There are enough gray areas in (3 vac 5-50-140) without implementing a 3 foot imaginary distance between customers and entertainers. Who can control and manage that? Does it count when someone leans over to talk to someone else, or reaches out to pass something to somebody, or even what happens if a girl swings her hair around and crosses this imaginary boundary? Why is there even a need for this? Isn’t it simple and clear enough to say don’t touch? Please don’t make my job and the job of the local agents harder with this amendment. I am very concerned and respectfully object.

CommentID: 486
 

8/28/07  3:29 pm
Commenter: Christie Fisher, Entertainer

Objection
 

I object to the proposed amendments to the ABC regulations governing operations by retail licenses. I have been working in the gentlemen’s club business for over 15 years, and I do not see a need for the new separation rule from customers. We know we can’t touch private parts or simulate sexual activity. It’s hard enough to do our jobs without worrying about what specific distance we are from customers. I never know when a customer is going to lean in to try to talk to me, shake my hand, pass me their business card, or tip me. But if they did that would be a violation for me or the club. That rule would be unnecessary and totally unfair. As long as the customer is not touching my breasts or other private areas (which is the current ABC rule) why would it be a problem if I shook his hand or if he put his hand on my shoulder while he spoke to me? It certainly wouldn’t be sexual. We are already separated by a stage, why would any further separation be necessary? Respectfully I object to this proposed new amendment.

CommentID: 487
 

8/28/07  3:48 pm
Commenter: Robert Brown, Headlights

Objection
 

I am the owner of a gentlemen’s club in Virginia and I object to the proposed fast tracking of amending the regulations governing operations by retail licensees. Specifically number 6 where the proposed change would be 3 foot separation between a patron and an entertainer. This would be a nightmare to regulate and enforce for ABC agents, club owners, managers and entertainers. Would it be left up to each individual to judge or guess what 3 feet would be? Does everybody need to carry a yardstick with them so we will all know what 3 feet is?

 

I also object to proposed change in the number 6 where entertainers would have to be separated by a platform or stage 18” or higher.

 

The regulations already say that customers are not allowed to touch entertainers that are not fully clothed. That is very clear for the agents, owners, entertainers and employees and should be clear enough to regulate.

CommentID: 488
 

8/28/07  4:10 pm
Commenter: Scott Hudson, J.B.'s Gallery

Objection
 

I object to the proposed fast tracking of new amendments to the current ABC regulations. I have worked in establishments that serve alcohol for more than 15 years. Having read what is proposed it is my belief that this issue needs to be fully and completely debated in order to guarantee that what is best for everyone is considered and applied. It is also my belief that what is proposed goes beyond the boundaries of the Virginia ABC board. I know that everyone does not share the same opinion on what is or is not partially nude. As well, who determines what is or is not a legitimate theatrical or artistic production? Again not everyone will see it the same way. These types of things should not and cannot be left up to any individual’s personal interpretation. I believe such a regulation needs to be completely laid out in order to insure that any new regulation in implemented and enforced fairly. Maybe it should be left up to the individual city’s community standards laws. With this in mind I totally object to this action.

CommentID: 489
 

8/28/07  4:26 pm
Commenter: Kenneth Eddie, Customer and patron

Objection
 

I object the fast tracking of proposed amendment to the regulations governing operations by retail licensees. I believe that no amendment should be fast tracked. Any and all amendments should be open to public debate to ensure that everyone gets a say in these matters.

Also haven't these regulations (3 vac 5-50-140, 3 vac 5-50-145 and 3 vac 5-50-230) already but struck down by the Federal Court? How can you amend any regulations that have been stricken by a federal court judge?

I object, I object, I object!!!

CommentID: 490