3 Va. Admin. Code § 5-70-210

Current through Register Vol. 41, No. 2, September 9, 2024

Section 3VAC5-70-210 - Schedule of penalties for first-offense violations

A. Any licensee charged with any violation of board regulations or statutes listed 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 in this subsection for the violation, or (ii) pay the civil charge set forth 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 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 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 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 younger than 21 years of age.	25 days	$2,500	5 days	$1,500
Allowing consumption of beer, wine, or mixed beverages by a person at least 18 but younger than 21 years of age.	25 days	$2,500	5 days	$1,500
Aiding and abetting the purchase of alcoholic beverages by a person at least 18 but younger than 21 years of age.	10 days	$1,250
Keeping unauthorized alcoholic beverages on the premises, upon which appropriate taxes have been paid.	7 days	$750
Allow an intoxicated person to loiter on the premises.	7 days	$750
Sale to an intoxicated person.	25 days	$2,500	5 days	$1,500
Allow consumption by an intoxicated person.	25 days	$2,500	5 days	$1,500
After hours sales or consumption of alcoholic beverages.	10 days	$1,250
No designated manager on premises.	7 days	$750
Invalid check to wholesaler or board.	7 days	$500
Inadequate illumination.	7 days	$750
ABC license not posted.	7 days	$750
Not timely submitting report required by statute or regulation.	7 days	$750
Designated manager not posted.	7 days	$750
Person younger than 18 years of age serving alcoholic beverages; younger than 21 years of age acting as bartender.	7 days	$750
Sale of alcoholic beverages in unauthorized place or manner.	10 days	$1,250
Consumption of alcoholic beverages in unauthorized area.	7 days	$750
Removal of alcoholic beverages from authorized area.	7 days	$750
Failure to obliterate mixed beverage stamps.	7 days	$750
Employee on duty consuming alcoholic beverages.	7 days	$750
Conducting illegal happy hour.	7 days	$750
Illegally advertising happy hour.	7 days	$750
Unauthorized advertising.	7 days	$750
Failure to remit statebeer or wine tax (if deficiency has been corrected).	10 days	$1,250
Wholesaler sale of beer or wine in unauthorized manner.	10 days	$1,250
Wholesaler sale of beer or wine to unauthorized person.	10 days	$1,250

B. For purposes of this section, the Virginia Alcoholic Beverage Control Authority will certify alcohol 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 Alcoholic Beverage Control Authority

Education Section

P.O. Box 27491

Richmond, VA 23261

Email: education@abc.virginia.gov

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.

3 Va. Admin. Code § 5-70-210

Derived from Virginia Register Volume 17, Issue 10, eff. February 28, 2001; amended, Virginia Register Volume 27, Issue 12, eff. March 16, 2011; amended, Virginia Register Volume 30, Issue 6, eff. December 18, 2013; Amended, Virginia Register Volume 35, Issue 26, eff. 9/21/2019.

Statutory Authority: §§ 4.1-111 and 4.1-227 of the Code of Virginia.