4.1-330 - Solicitation by persons interested in manufacture, etc., of alcoholic beverages; penalty. - Virginia Statutes

§ 4.1-330. Solicitation by persons interested in manufacture, etc., ofalcoholic beverages; penalty.

A. No person having any interest, direct or indirect, in the manufacture,distribution, or sale of spirits or other alcoholic beverages shall, withouta permit granted by the Board and upon such conditions as the Board mayprescribe, solicit either directly or indirectly (i) a mixed beveragelicensee; (ii) any agent, servant, or employee of such licensee; or (iii) anyperson connected with the licensee in any capacity whatsoever in his licensedbusiness, to sell or offer for sale the particular spirits or other alcoholicbeverage in which such person may be so interested.

The Board, upon proof of any solicitation in violation of this subsection,may suspend or terminate the sale through government stores or its purchaseof the brand of spirits or other alcoholic beverage which was the subjectmatter of the unlawful solicitation or promotion. In addition, the Board maysuspend or terminate the sale through such stores or its purchase of allbrands of spirits or other alcoholic beverages manufactured or distributed byeither the employer or principal of such solicitor, the broker, or by theowner of the brand of spirits unlawfully solicited or promoted. The Boardmay impose a civil penalty not to exceed $250,000 in lieu of such suspensionor termination of sales through government stores or purchases by the Boardor portion thereof, or both.

Any person convicted of a violation of this subsection shall be guilty of aClass 1 misdemeanor.

B. No mixed beverage licensee or any agent, servant, or employee of suchlicensee, or any person connected with the licensee in any capacitywhatsoever in his licensed business shall, either directly or indirectly, bea party to, consent to, solicit, or aid or abet another in a violation ofsubsection A.

The Board may suspend or revoke the license granted to such licensee, or mayimpose a civil penalty not to exceed $25,000 in lieu of such suspension orany portion thereof, or both.

Any person convicted of a violation of this subsection shall be guilty of aClass 1 misdemeanor.

(1968, c. 7, § 4-98.16; 1988, c. 786; 1990, c. 442; 1993, c. 866.)