4.1-216.1 - Point-of-sale advertising materials authorized under certain conditions; civil penalties.
§ 4.1-216.1. Point-of-sale advertising materials authorized under certainconditions; civil penalties.
A. As used in this section:
"Alcoholic beverage advertising material" or "advertising material" meansany item, other than an illuminated device, which contains one or morereferences to a brand of alcoholic beverage and which is used to promote thesale of alcoholic beverages within the interior of a licensed retailestablishment and which otherwise complies with Board regulations.
"Authorized vendor" or "vendor" means any person, other than a wholesalewine or beer licensee, that a manufacturer has authorized to engage in abusiness consisting in whole or in part of the sale and distribution of anyarticles of tangible personal property bearing any of the manufacturer'salcoholic beverage trademarks.
"Manufacturer" means any brewery, winery, distillery, bottler, broker,importer and any person that a brewery, winery, or distiller has authorizedto sell or arrange for the sale of its products to wholesale wine and beerlicensees in Virginia or, in the case of spirits, to the Board.
B. Notwithstanding the provisions of § 4.1-215 or 4.1-216 and Boardregulations adopted thereunder, a manufacturer or its authorized vendor and awholesale wine and beer licensee may lend, buy for, or give to a retaillicensee any alcoholic beverage advertising material made of paper,cardboard, canvas, rubber, foam, or plastic, provided the advertisingmaterials have a wholesale value of $40 or less per item.
C. Alcoholic beverage advertising materials, other than those authorized bysubsection B to be given to a retailer, may be displayed by a retail licenseein the interior of its licensed establishment provided:
1. The wholesale value of the advertising material does not exceed $250 peritem, and
2. The advertising material is not obtained from a manufacturer, itsauthorized vendor, or any wholesale wine or beer licensee.
A retail licensee shall retain for at least two years a record of itsprocurement of, including any payments for, such advertising materials alongwith an invoice or sales ticket containing a description of the item sopurchased or otherwise procured.
D. Except as otherwise provided in this title, a retail licensee shall notdisplay in the interior of its licensed establishment any alcoholic beverageadvertising materials, other than those that may be lawfully obtained anddisplayed in accordance with this section or Board regulation.
E. Nothing in this section shall be construed to prohibit any advertisingmaterials permitted under Board regulations in effect on January 1, 2007.
(2007, c. 494.)