RESPONSIBILITY GUIDE FOR LICENSEES

Virginia Alcoholic

Beverage Control Authority

Education and Prevention

Publication Series

RESPONSIBILITY

GUIDE FOR

LICENSEES

LEARN VIRGINIA

ABC BASICS

www.abc.virginia.gov • (804) 977-7440

7450 Freight Way • Mechanicsville, VA 23116

Design by the Oce of Graphic Communications: Virginia Department of General Services

FY2023 Update

Introduction ......................................................................................................................................................................................................3

Alcohol responsibility ...................................................................................................................................................................................... 3

Virginia codes and regulations .......................................................................................................................................................................6

Virginia law ......................................................................................................................................................................................................8

Fake IDs .......................................................................................................................................................................................................... 10

Preventing underage sales ........................................................................................................................................................................... 14

Intoxicated patrons ........................................................................................................................................................................................17

What training does Virginia ABC provide? ..................................................................................................................................................19

Preparing for an annual inspection .............................................................................................................................................................21

Mixed Beverage Annual Review (MBAR) ..................................................................................................................................................... 21

Seller and server ﬁrst-oense penalties .................................................................................................................................................... 22

Hearings and appeals................................................................................................................................................................................... 23

How can I be a good neighbor? .................................................................................................................................................................. 25

Licensee FAQs ................................................................................................................................................................................................ 26

Contacts ..................................................................................................................................................................................................30-32

Resources ...................................................................................................................................................................................................... 33

Publication Series: Licensee Guide

CONTENTS

Virginia ABC Education and Prevention

INTRODUCTION

As a licensee, you are responsible for maintaining a safe, regulated business and shoulder many responsibilities which include preventing underage sales

and consumption of alcoholic beverages. This publication was designed to support you in understanding the facts of alcohol education and prevention and

Virginia ABC’s laws and regulations.

This is an informational tool only, not a legal document. Nothing printed on these pages changes, replaces, or supersedes the Code of Virginia, Virginia

Administrative Code, or any other statute, Administrative Procedure Act (APA) decision or judicial decision.

Our main goal is to provide you with the tools and knowledge you need to be compliant and run a successful and safe business. You are an important partner

in our mission of public safety and serve a vital role within your community.

THE FACTS ABOUT

UNDERAGE DRINKING

A common topic of discussion is the minimum legal drinking age of 21 in Virginia. Some believe that lowering the legal drinking age

would decrease problems associated with underage drinking. This belief is a myth, as underage drinking problems were worse when

states had a lower legal drinking age. In fact, the National Highway Transportation Safety Administration estimates that about 900

lives are saved annually due to fewer alcohol-related trac crashes involving underage drivers. Research also shows that Europe faces

more problems directly related to underage drinking than the United States due to its low legal drinking age.

So what are the risks associated with drinking alcohol before the age of 21? Alcohol aects the brain of an adolescent or young adult dierently than it aects

a mature adult. The human brain does not completely develop until a person is in their early twenties. Drinking during adolescence can cause temporary and

permanent damage to long-term and short-term memory. Additionally, the areas of the brain that encourage impulsivity and risk-taking develop early in a

teen, while the areas that improve self-control don’t develop until the early twenties. Teens are more likely to experience negative consequences of drinking

alcohol, such as alcohol poisoning, blackouts and memory loss.

When compared with those who wait to drink until they are 21 years of age:

Publication Series: Licensee Guide

Teenagers who drink before 21 are

seven times more likely to be in

a motor vehicle crash because of

their drinking later in life.

Teenagers who start drinking before

the age of 15 are 12 times more likely

to be injured while under the inﬂuence

of alcohol, 5 times more likely to abuse

alcohol or become alcohol dependent

later in life and 10 times more likely to

get into a ﬁght after drinking.

According to Source - USA.gov. “Fact Sheets - Underage Drinking.” Centers for Disease Control and Prevention. Accessed January 20, 2023,

http://www.cdc.gov/alcohol/fact-sheets/underage-drinking.htm.

Virginia ABC Education and Prevention

STRENGTH OF DRINK

Drinks can have dierent eects based on their composition.

Mixing a drink with a carbonated soda, for example, will quicken the eects

of the alcohol due to the carbonation bubbles.

RATE OF CONSUMPTION

Taking shots or chugging drinks will increase the amount of

alcohol absorbed within a certain time period. The liver metabolizes alcohol

at the average rate of one drink (12 oz. beer, 5 oz. wine, 1.5 oz. of 80 proof

distilled liquor) per hour. If a person consumes more than one drink per

hour, the remaining alcohol will circulate in the bloodstream until the liver

is able to metabolize.

BODY SIZE/WEIGHT

People who weigh less will generally be aected more

quickly by alcohol than people who carry more weight. This is because

people with a greater body weight have more blood and water in their

bodies, which assists in the dilution of alcohol.

FOOD

A full stomach slows the absorption of alcohol into

the bloodstream. Drinking on an empty stomach, however, will cause the

BAC to rise more rapidly since there is no food to assist in absorption.

BIOLOGICAL SEX

Females tend to reach a higher BAC faster because

they have a greater fat to muscle ratio than males.

Fat repels alcohol, whereas muscle absorbs it. Therefore, it generally takes

less alcohol for a female to show signs of its eects since they are usually

smaller and have less muscle to absorb the alcohol.

DRUG USE

The use of other legal or illegal drugs taken can

increase the eects of alcohol and may cause an unpredictable and

dangerous outcome.

WHAT IS

BLOOD ALCOHOL

CONCENTRATION

(BAC)?

Whether it’s one drink or many, alcohol can aect dierent people in dierent ways.

The way a person reacts to alcohol depends on many factors including gender, weight

and rate of alcohol consumption. All of these factors inﬂuence a person’s blood alcohol

concentration (BAC).

BAC is the amount of alcohol that is present in the bloodstream. For example, having a BAC

of 0.10 percent means there is about one drop of alcohol for every 1,000 drops of blood

present in the body. At certain BAC levels, alcohol has been shown to alter a person’s

visual functions and perceptions, aecting his or her ability to react, concentrate or pay

attention, process information and operate a vehicle. The measurement of BAC is important

for determining the role alcohol plays in car crashes, physical injuries, ﬁres, crimes, family

violence, suicides and other forms of intentional and unintentional injury.

WHAT AFFECTS

YOUR BAC LEVEL?

12 OZ

BEER

5 OZ

WINE

1.5 OZ

80 PROOF

LIQUOR

= =

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WHAT IS

Binge drinking is the overconsumption of alcohol and is

deﬁned as when a woman consumes four or more drinks or

when a man consumes ﬁve or more drinks in a short period

of time. When a large amount of alcohol is consumed in a

short period of time, it can result in a dangerously high BAC,

leading to alcohol poisoning. According to the Centers for

Disease Control and Prevention, three quarters of alcohol

poisoning deaths occur in people ages 35-64. It is important

to make responsible and healthy choices as drinking in large

amounts can also lead to brain and liver damage.

BINGE

DRINKING?

WHAT ARE THE SIGNS OF

ALCOHOL POISONING?

Know the signs of alcohol poisoning and be prepared to call 911

if someone has the following symptoms:

SLOW OR NO

REFLEXES OR

RESPONSE

CONFUSION

DIFFICULTY OR INABILITY

TO REMAIN CONSCIOUS

VOMITING

TROUBLE

BREATHING

CLAMMY, PALE OR

BLUISH LIPS

SEIZURES

Virginia ABC Education and Prevention

VIRGINIA

CODES AND

REGULATIONS

THE MISSION OF VIRGINIA ABC IS FOUNDED ON

THE LAWS ESTABLISHED BY THE VIRGINIA GENERAL

ASSEMBLY AND THE REGULATIONS PROMULGATED

(DEVELOPED) BY VIRGINIA ABC’S BOARD.

CODE OF VIRGINIA

The Code of Virginia (COV) contains the laws (statutes) of

the commonwealth.

 Title 4.1 is the Alcoholic Beverage Control Act.

 Title 18.2 establishes crimes and oenses, including

driving while intoxicated, public intoxication and

possession of false identiﬁcation.

Virginia ABC special agents, state police and local law

enforcement enforce these laws. Violations can be

punishable administratively with ﬁnes and/or license

suspensions or as a criminal act with ﬁnes and/or jail

time.

The Virginia Code Book provides all Virginia statutes and

regulations related to alcohol and alcoholic beverage

control. Order now and get your own copies while

supplies last by visiting our website at https://www.abc.

virginia.gov/enforcement/virginia-codes-and-regulations.

The primary resource for legislative and regulatory

information is Virginia’s Legislative Information System.

You can ﬁnd more information by visiting the website at

http://lis.virginia.gov/lis.htm.

Publication Series: Licensee Guide

FELONIES AND MISDEMEANORS

Criminal oenses are considered either felonies or misdemeanors. Oenses are classiﬁed in the following manner:

CRIMINAL OFFENSES AUTHORIZED PUNISHMENT

Class 4 misdemeanor (COV 18.2-11) Maximum ﬁne of $250.

Class 3 misdemeanor (COV 18.2-11) Maximum ﬁne of $500.

Class 2 misdemeanor (COV 18.2-11) Conﬁnement in jail for up to six months and a ﬁne of up to $1,000, either or both.

Class 1 misdemeanor (COV 18.2-11) Conﬁnement in jail for up to 12 months and a ﬁne of up to $2,500, either or both.

Class 6 felony (COV 18.2-10) For Class 6 felonies, the jury or court may choose imprisonment for one to ﬁve years or jail for up to 12

months and a ﬁne of up to $2,500, either or both.

VIRGINIA ADMINISTRATIVE CODE

THE VIRGINIA ADMINISTRATIVE CODE (VAC) CONTAINS THE REGULATIONS OF STATE AGENCIES, INCLUDING VIRGINIA ABC.

TITLE 3 CONTAINS THE REGULATIONS OF THE BOARD.

VIRGINIA ABC SPECIAL AGENTS PRIMARILY ENFORCE THESE LAWS AND REGULATIONS, WHICH FOCUS ON LICENSEES AND

THE SALE AND/OR POSSESSION OF ALCOHOLIC BEVERAGES. VIOLATIONS CAN BE PUNISHABLE BY FINES, PROBATION OR

REVOCATION OF THE VIRGINIA ABC LICENSE. THESE CODES REPRESENT THE AGENCY REGULATIONS THAT APPLY TO

COV TITLE 4.1

Virginia ABC Education and Prevention

VIRGINIA LAW

DRIVING WHILE INTOXICATED (DWI)

 A conviction for DWI can cost thousands of dollars in court and legal fees and result in the suspension of one’s driver’s

license. The Commonwealth of Virginia’s Zero Tolerance Law makes driving while intoxicated by any amount of alcohol a

serious criminal oense for drivers younger than 21. Virginia deﬁnes the legal limit for driving while intoxicated at a BAC of

0.08% for those 21 years of age and older.

 If convicted, violators are guilty of a Class 1 misdemeanor, which can translate to ﬁnes ranging from $200 to $2,500,

attorney fees, the loss of one’s driver’s license and jail time based on any prior convictions and the BAC level measured at

that time. Convictions of three or more DWIs will result in a Class 6 felony. For Class 6 felonies, the jury or court may choose

imprisonment for one to ﬁve years or jail for up to 12 months and/or a ﬁne of up to $2,500.

FRAUDULENT USE OF A DRIVER’S LICENSE, ID CARD OR

OTHER IDENTIFICATION MATERIALS:

 Persons who possess, use or distribute false forms of ID are charged with a Class 1 misdemeanor. (COV 18.2-204.1, 204.2)

COV 18.2-204.1. Fraudulent use of birth certiﬁcates, driver’s licenses, etc.

 It is illegal to use another’s identiﬁcation as one’s own.

 It is illegal to possess or sell an ID for the purpose of establishing a false identiﬁcation.

 Persons who possess, use or distribute fake IDs are charged with a Class 1 misdemeanor. If the document is used to purchase

a ﬁrearm, the charges increase to a Class 6 felony.

COV 18.2-204.2. Facsimile or manufacture, sale, etc., or possession of ﬁctitious, simulated ocial license or identiﬁcation.

 It is illegal to possess, produce or distribute a falsiﬁed document that can be mistaken as an ocial government document.

 Violators face a Class 1 misdemeanor charge for the sale or production of such ID and Class 2 misdemeanor charges for

possession of such ID.

COV 46.2-347. Fraudulent use of driver’s license or Department of Motor Vehicles identiﬁcation card to obtain alcoholic beverages.

 Any underage person found using a falsiﬁed DMV driver’s license or military or university identiﬁcation card to purchase

alcoholic beverages faces conviction of a Class 3 misdemeanor.

 Convicted individuals may lose their driver’s license for 30 days to one year.

COV 4.1-305. Purchasing or possessing alcoholic beverages unlawful in certain cases.

 It is illegal for anyone under 21 to possess any alcoholic beverage.

 No one under 21 may use an altered or fake ID such as a driver’s license, birth certiﬁcate or student identiﬁcation card to

establish a false identiﬁcation or false age to purchase an alcoholic beverage.

 Violators of this section are guilty of a Class 1 misdemeanor and, upon conviction, face a ﬁne of at least $500 or 50 hours of

community service, and can lose their driver’s license for up to a year.

 Licensees are responsible for the actions of their employees. If the charge is substantiated, the licensee can face a ﬁne and/or

suspension of their license.

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VIRGINIA LAW

KNOWING AND UNDERSTANDING VIRGINIA LAW IS VITAL TO

COMPLIANCE. ANY CONVICTIONS INVOLVING FRAUD OR FALSE

CONDUCT MAY BE CONSIDERED AS CRIMES INVOLVING MORAL

TURPITUDE (LYING, CHEATING OR STEALING), WHICH CAN AFFECT

FUTURE EMPLOYMENT OR LICENSING PRIVILEGES.

SALE OF TOBACCO OR ALTERNATIVE TOBACCO PRODUCTS TO MINORS

As of July 1, 2019, no sales of tobacco products are permitted to persons less than 21 years of age.

 This includes cigarettes, cigars, bidis, smokeless tobacco and wrapping papers, as well as electronic cigarettes and alternative

nicotine products (any noncombustible product containing nicotine that is intended for human consumption, whether chewed,

absorbed, dissolved or ingested by any other means).

 The sale of single cigarettes is not permitted.

 Tobacco products may be sold from a vending machine only if the machine is (a) posted with a notice, in a conspicuous manner

and place, indicating that the purchase or possession of tobacco products by minors is unlawful and (b) located in a place that

is not open to the general public and is not generally accessible to minors. An establishment that prohibits the presence of

minors unless accompanied by an adult is not open to the general public.

 Even if they are 21 years of age, do not sell tobacco products to someone you believe is buying on behalf of a minor.

At all times, carefully check IDs to determine if the person is younger than 21.

ELECTRONIC CIGARETTES AND ALTERNATIVE NICOTINE PRODUCTS

In 2014, the Virginia House and Senate unanimously passed legislation that bans retailers from selling electronic cigarettes and

alternative nicotine products to minors.

More speciﬁcally, the legislation prohibits the purchase or possession of tobacco products, nicotine vapor products and alternative

nicotine products by minors or sale of tobacco products, nicotine vapor products and alternative nicotine products to minors.

Virginia ABC Education and Prevention

QUICK FACTS

A FAKE ID IS ANY DOCUMENT THAT

ESTABLISHES A FALSE IDENTITY.

PENALTIES

COULD RESULT

in paying a ﬁne or even

going to jail.

A CONVICTION FOR POSSESSING

OR USING A FAKE ID could appear on your

permanent criminal record; impact college or graduate

admission and limit job opportunities.

IT IS ILLEGAL

to use someone else’s ID

or purchase an ID from any

source

VIRGINIA ABC TRAINS

BARTENDERS, BOUNCERS,

WAIT STAFF, MANAGERS

AND CLERKS TO RECOGNIZE

FAKE IDS—NOT ONLY FROM

VIRGINIA BUT FROM OTHER

STATES AS WELL.

TODAY’S IDS HAVE ENHANCED SECURITY

FEATURES to prevent identity theft, falsiﬁcation and underage purchase of alcohol.

THE PENALTIES ARE

JUST AS SEVERE for loaning

your ID to another person for use.

IT IS ILLEGAL TO

CREATE OR SELL

FAKE IDS TO

OTHERS.

FAKE IDS

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TYPES OF FAKE IDS

 False ID: manufactured or computer generated

 Modiﬁed ID: valid identiﬁcation that is modiﬁed to change critical information

 Borrowed ID: valid identiﬁcation used by another person

WHERE DO THEY COME FROM?

 Internet

 Mail-order

 Self-manufacture

 Friends

 Purchase from others

 Purchase from other manufacturer

RETAILERS’ RIGHTS AND RESPONSIBILITIES

Store clerks and sellers and servers of alcoholic beverages or tobacco products must carefully read identiﬁcation presented for proof of age. According to

3 VAC 5-50-20, a licensee or its employees can use the following factors to determine whether or not to make a sale:

 Whether an ordinary person would doubt the purchaser is of legal age based on appearance

 Whether the purchaser presents identiﬁcation upon request and appears to be the individual pictured on the document and of the legal age (21

for alcohol and tobacco products)

 Whether the identiﬁcation is in proper order, has not been altered and has not expired

CHECKING IDENTIFICATIONS

The law states that a customer must be at least 21 years of age to purchase alcohol. There is no legal requirement that a customer shows identiﬁcation,

but the best way to verify the customer’s age is to request picture identiﬁcation.

TYPES OF ACCEPTABLE ID

The acceptable types of identiﬁcation for determining age are (3 VAC 5-50-20):

 Valid driver’s license issued by any state or Washington, D.C.

 Armed forces identiﬁcation card

 U.S. passport

 Foreign government visa

 Valid photo identiﬁcation card issued by Virginia Department of Motor Vehicles (DMV)

ELEMENTS OF ACCEPTABLE ID

In order to be acceptable, an ID should include: photograph of bearer, signature, height of bearer, date of birth and expiration date. (3 VAC 5-50-20)

UNACCEPTABLE IDS FOR PURCHASING ALCOHOL

 College/university ID

 Expired ID

 Social security card

 Government work ID

 Resident alien card

 Green card

 International driver’s license

 Immigration and Naturalization Service (INS) border crosser card

 INS worker’s authorization card

Virginia ABC Education and Prevention

VIRGINIA IDS

DMV makes Virginia driver’s licenses easier for checking an ID to determine if a person is underage.

 Driver’s license banners have blue lettering and are printed vertically rather than horizontally so clerks and servers will be able to tell quickly

and easily if a customer is younger than 21.

 All primary photographs are grayscale, full faced and displayed on the left side of the cards. Secondary photographs are grayscale, full faced

and displayed in a clear window, visible from the front and back of the cards.

 The 2-D bar code on the back of each card carries only information displayed on the front of the card; such as name, customer number and

birth date.

HOW CAN I TELL IF SOMEONE IS YOUNGER THAN 21

BY LOOKING AT THEIR VIRGINIA DRIVER’S LICENSE OR ID CARD?

 Cards for individuals under 21 bear images of the state ﬂower, the dogwood, in the foreground.

 A Virginia driver’s license and identiﬁcation card for anyone under 21 is vertical.

 The wording “Under 21” can be found at the top of the license.

 Dates showing “Under 18 Until” and “Under 21 Until” can be found at the bottom of the license.

 Caution: Prior to renewing their driver’s license, a customer can still have this ID even after they turn 21. It is important to still check the “Date

of birth” and “Under 21 Until” portion of the ID.

HOW CAN I TELL IF SOMEONE IS OF AGE BY LOOKING AT

THEIR VIRGINIA DRIVER’S LICENSE OR ID CARD?

SECOND FORMS OF ID

Be careful when accepting any ID as a second form. If you are unsure about someone’s ID and want to request an additional form of ID, keep the ﬁrst

ID and ask for another one. Hold them both together and compare to see if they match as there are people who will provide another fake form of ID.

When asking for a second form of Identiﬁcation it needs to meet the criteria of the other forms of valid identiﬁcation.

 Cards for individuals 21 years of age and older bear an image of the Virginia state capitol building in the foreground.

 A Virginia driver’s license and identiﬁcation card for anyone 21 years of age and older is horizontal.

Publication Series: Licensee Guide

F-L-A-G

is a simple way to remember

how to properly check IDs

Feel

• Have the customer remove the ID from their wallet or plastic holder. You may see another ID in

their wallet.

• Feel for raised edges, glue lines or bumpy surfaces by the photo or birth date. Uneven surfaces

often indicate tampering. Feel for cut-out or pasted information.

• Check the thickness of the ID. Check to see if it was re-laminated after changing some of the

information.

Look

• Photograph: Does it look like the person in front of you? Hairstyles and makeup can change, so

focus your attention on the person’s eyes, nose and chin. When checking men with beards or

mustaches, cover the facial hair portion of the photo and concentrate on the eyes, nose or ears.

• Height: Does it reasonably match the person?

• State seal: Is it on the ID and is it in the correct place?

• Date of birth: Is the person old enough? Figure the math or look at the “Under 21 Until” portion

of the ID.

• Age on ID vs. appearance: Does the person in front of you match the age on the ID?

• Expiration date: Is the ID expired? Expired IDs are unacceptable.

• Lamination: Are the cuts or corners/edges straight or crooked?

Ask

• Ask for their middle name, zodiac sign or year of high school graduation. If someone has to think

about his or her sign or when they graduated, the ID may be false.

• Ask the birth month. If the person responds with a number rather than the name of the month,

this could be a red ﬂag.

• If the customer is with a companion, ask the companion to quickly tell you the customer’s name.

Any hesitation may indicate deception.

• Ask the customer to sign his/her name and then compare the signatures to the ID. Sometimes if

the ID is false, the customer will sign his or her true name, rather than the one on the ID.

Give Back

• Give the ID back to the customer and make the sale if the ID is valid.

• If the ID is fake or altered, you still must return the ID.

Virginia ABC Education and Prevention

PREVENTING

UNDERAGE

SALES

The sale of alcohol or tobacco to an underage person can result in ﬁnes and/or additional sanctions. When

selling alcohol or tobacco, it should be your sta’s top priority to focus on the customer and make sure they are

not underage.

The law states a customer must be at least 21 years of age to purchase alcohol and tobacco products.

There is no legal requirement to check identiﬁcation (ID), but the best way to verify a customer’s age is to

request proper ID and examine it carefully. If, at any time, you doubt the ID is valid or believe the customer is

underage, you may deny the sale.

HELPFUL SUGGESTIONS

Don’t risk an underage

sale. Check the ID

every time!

WATCH OUT FOR SECOND PARTY SALES.

IF A SELLER OBSERVES SPECIFIC ACTIVITY

OF A SECOND PARTY, SUCH AS PASSING

OF MONEY, PICKING OUT PRODUCTS, OR

BRINGING THE ALCOHOLIC BEVERAGE

TO THE REGISTER, REQUEST THE SECOND

PARTY’S ID TOO. THE SALE MAY BE LEGALLY

REFUSED.

If your establishment

has a computerized

system for scanning

IDs, be certain

employees receive training and

understand how to use the equipment.

Be familiar with IDs. Many, including

the Virginia driver’s license and ID card,

have the person’s 21st birthdays. No math

required!

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SIMPLE THINGS THAT MANAGERS CAN DO

TO MAKE SURE THAT THEIR POLICIES ARE UPHELD:

Hire employees who are responsible. Provide them with a copy of store policies and procedures and have them sign a statement attesting that they

read and understood the policies and agree to implement them.

Discipline employees who are not enforcing store policies and guidelines, including alcohol policies and procedures. Terminate any employee who is

caught knowingly violating the policy and document reasons.

Make sure all new employees are trained in responsible alcohol sales practices through programs such as Virginia ABC’s Responsible Sellers & Servers:

Virginia’s Program (RSVP) Training.

Frequently emphasize to your sta that you want them to implement and comply with responsible alcohol sales practices.

Institute an incentive program for employees who eectively uphold responsible alcohol sales policies and procedures.

Conduct periodic spot checks or hire a “shopper” to check on employees to monitor their compliance with policies and procedures.

Support your employees when they refuse sales to a customer.

Do not allow your employees to drink alcoholic beverages on the job or after hours on premise.

 No one younger than 21 will be sold an alcoholic beverage.

 All customers who appear to be younger than 30 must show an ID or they cannot buy alcohol.

 Acceptable forms of ID include:

• Valid passport

• Valid state driver’s license

• State-issued ID

 No alcohol will be sold to any adult who is suspected of purchasing the alcohol for the purpose of distributing it to a minor.

 All out-of-state IDs must be checked in a driver’s license guide (may be available through your beer wholesaler).

 Management will assist in interventions with problem customers when requested by employees.

 Signs announcing the policy of not selling alcohol to anyone who is younger than 21 will be posted in a visible location.

 Sta must report all incidents to the manager on duty or document incidents in an incident log book.

 Employees should call the police to report any intoxicated customer who leaves the establishment and gets behind the wheel of a

motor vehicle.

 All employees will be trained in responsible beverage sales practices and how to identify underage customers.

 A copy of the alcohol management policy will be distributed to every employee when hired. All employees must sign a statement indicating

that they read, understand and agree to comply with all alcohol policies and procedures.

A POLICY FOR SELLERS & SERVERS OF ALCOHOL SHOULD INCLUDE THE

FOLLOWING:

• Armed Forces identiﬁcation card

• Foreign Government Visa

Virginia ABC Education and Prevention

DO NOT SELL STICKERS

HELP PREVENT UNDERAGE SALES

Virginia ABC provides “Do Not Sell” stickers which are easy to read tools that assist sellers, servers and customer service representatives when checking IDs

before making a sale of alcohol or tobacco. These stickers were created using two dierent colors—one for alcohol and one for tobacco. The bold colors were

selected to ensure the dates are clearly visible to both consumers and sellers. Employees should be able to quickly glance at the sticker and then at the ID to

compare the date of birth to determine a customer’s age.

It is extremely important that these stickers are displayed at all points of sale with customers in all licensed establishments in Virginia. Stickers should be

placed where both the seller and buyer can see them, such as on a bar or countertop where purchases are made or on a register.

Stickers are mailed to licensees towards the end of each year to replace the stickers from the previous year. All stickers should be changed on January 1 of

the new year. The stickers are coated with a smear-resistant varnish in order to prevent fading and damage from cleaning solution spray.

If you need additional or replacement stickers, prefer smaller stickers or need stickers that are in Spanish, please visit our website athttps://www.abc.

virginia.gov/licenses/retail-resources/preventing-underage-sales/do-not-sell-stickers. Stickers will be mailed to you at no charge.

DO NOT SELL TOBACCO OR ALTERNATIVE

TOBACCO PRODUCTS TO MINORS

Signage Requirement

Retailers must post a sign stating the sale of these products to any person under 21 years of age is prohibited by law. Those that do not comply are subject

to civil penalties, including a ﬁne of up to $2,500.

As the commonwealth authority responsible for enforcement of laws pertaining to tobacco products, Virginia ABC recommends that licensees use the

following verbiage: “Eective July 1, 2019, the sale of tobacco products, nicotine vapor products or alternative nicotine products to any person under 21 years

of age is prohibited by law” A free sample sign is available on our website.

UNDERAGE BUYER PROGRAM

Virginia ABC frequently recruits teenagers for part-time employment in its Underage Buyer (UAB) program. The UAB

program is an ongoing eort by Virginia ABC to visit alcohol and tobacco retailers throughout the commonwealth

to verify compliance with the state age requirements—21 for tobacco and alcohol sales. Candidates must be 17 to 19

years old to qualify for the program. Underage persons must be willing to testify in court if necessary and they are

asked to refrain from discussing their activities with others to protect the integrity of the program.

Special agents, who are sworn police ocers from Virginia ABC’s Bureau of Law Enforcement, accompany underage

persons during attempts to purchase cigarettes or alcohol at grocery stores, convenience stores, restaurants and

other businesses, including Virginia ABC retail stores. Underage persons are instructed not to alter their appearance

or mannerisms or mislead clerks in any way while attempting to make a purchase. Underage persons carry their

own valid identiﬁcation. If the store clerk asks for ID, the UAB presents his or her valid identiﬁcation. Regardless of

whether the sale is made, the underage person leaves the store immediately after the attempt. It is not Virginia ABC’s

intention to trick businesses. In fact, it is the hope that 100% of businesses comply with Virginia law by not making

the sale. Virginia ABC selects underage persons who look their age, making it easier for clerks and servers to request

ID and avoid the sale.

Publication Series: Licensee Guide

LACK OF COORDINATION:

Staggers, sways while attempting to stand still; holding on to bar, chair, etc.

Stands with feet wide apart for balance

Leans against structure for support

Fumbles with wallet or money

Slurs speech or speaks very slowly and deliberately

Falls o a stool or chair

REDUCED JUDGMENT AND CHANGE IN BEHAVIOR:

Argues and/or annoys employees or other customers

Sudden or unexplained mood changes

Overly friendly

Gets more quiet or goes to sleep

Becomes overly excited

Speaks loudly and/or profanely (uses foul language)

Giggles or laughs for no apparent reason

INTOXICATED PATRONS

It is the responsibility of licensees not to sell alcoholic beverages to an intoxicated patron.

The sale of alcohol to an intoxicated individual may result in a criminal summons for the

individual seller and an administrative violation against the licensee.

“Intoxicated” means a condition in which a person has drunk enough alcoholic beverages

to observably aect his or her manner, disposition, speech, muscular movement, general

appearance or behavior. A customer can be intoxicated even if you only serve them

one drink.

People with physical and mental disabilities can exhibit the same signs and symptoms of

intoxication. It is important that you rule out medical conditions and disabilities before you

determine that a customer is intoxicated.

A primary way to determine if a person is intoxicated is to engage him or her in

conversation. Don’t just ask the person how many drinks they’ve had, ask other questions

that can help you reach a conclusion.

Virginia ABC’s special agents’ primary concern is for public safety. If a person is intoxicated

at a licensed establishment, the seller should cut the person o immediately and:

 Oer to call a designated driver or taxi.

 Talk with any friends of the person, who are sober, and ﬁgure out how to get the person home safely.

 Oer the person food or nonalcoholic beverages.

 If the person presents a danger to themselves or others, call local police.

DO NOT ALLOW AN INTOXICATED PATRON TO REMAIN AT YOUR

ESTABLISHMENT WITHOUT TAKING PREVENTATIVE MEASURES.

If someone exhibits one or more of the following signs of intoxication, consider cutting them o.

Virginia ABC Education and Prevention

CHANGES IN VISION:

Eyes glassy, dilated pupils, lack of focus

Red or watery eyes

Droopy eyelids or tired appearance

Squints continuously

Closes or covers one eye to remove double vision

REFLEXES:

Spills drink; misses mouth with glass

Unable to pick up money or drops money; unable to count out correct amount for drink

Slow or deliberate movements

Slow or no reaction to actions such as spilling a drink on oneself

MANNERS AND APPEARANCE:

Head bobs, eyelids drooping, looks sleepy

Frequently rubs hands through face and hair

Frequent trips to the bathroom

Strong, stale odor of alcohol

 Slow the frequency of service down when a customer orders

rapidly. Keep an informal log of actions taken with intoxicated

persons. The log can be used as a reference if a problem arises

later and is a good training tool to promote responsible selling

and serving.

 Sta members should continuously check whether the person

appears intoxicated. When there is a shift change and there

are concerns about any customers, the departing employee/

manager should share that information with the sta coming

on duty.

 Watch out for intoxicated patrons who have just arrived. It’s

not unusual for a person to be cut o at one establishment and

then wander into another establishment. It is a good idea to

begin screening for intoxicated patrons at the door, especially

during peak hours.

 Be careful to control all areas of the establishment, including

bathrooms, booths, the parking lot, etc. Plan ahead to prevent

a person from being cut o in one area and subsequently

purchasing alcohol in another area of your establishment. It

is the responsibility of the licensee to ensure that sta can

observe all patrons at all times.

Let the person know you will not be able to serve them anymore alcohol,

and remove any drink(s) in their possession.

If I work in a hotel and a patron is cut o in the

restaurant, can he be served in his room?

No. Alcoholic beverages may not be sold to an intoxicated person.

What will a special agent do if I cut a person o

and they are sitting at my bar waiting for a

ride or taxi?

You may not serve alcoholic beverages to a patron to the point he or she

becomes intoxicated. However, if the patron has been cut o prior to

becoming intoxicated and attempts are made to secure him a ride, there

would not be a violation.

TIPS

HOW DO I CUT SOMEONE OFF?

Publication Series: Licensee Guide

MANAGERS’ ALCOHOL RESPONSIBILITY TRAINING (MART)

Managers’ Alcohol Responsibility Training (MART) is a free training oered as an online or in-person classroom course. MART classroom courses are oered

in February, June and October and are instructed by a team of Virginia ABC special agents.

MART is recommended for:

 Virginia’s on-premise and o-premise licensees

 managers

 owners

At the completion of MART, participants will be able to:

 understand laws, rules and regulations that govern alcohol sales and consumption in Virginia

 understand requirements of operating an ABC-licensed business

 prevent intoxicated and underage customers

 document alcohol-related incidents

 understand procedures for employing minors

 use advertising properly

 check IDs correctly

 manage confrontational situations with customers

 understand simple alcohol policies

 utilize compliance assistance from ABC special agents

To view the current schedule and to register for classes or the online training, visit our website at www.abc.virginia.gov/licenses/training.

What Licensee Training Does

Virginia ABC Provide?

Trainings are oered as online or in-person courses to help employees in licensed establishments be responsible and better understand Virginia laws, rules

and regulations. In certain circumstances, the Virginia law allows a reduction in the length of any suspension and a reduction in the amount of any civil

penalty for any retail licensee where the licensee can demonstrate that it provided alcohol seller and server training to its employees 12 months prior to the

date of a violation (COV 4.1-227).

Virginia ABC Education and Prevention

RESPONSIBLE SELLERS & SERVERS: VIRGINIA’S PROGRAM (RSVP)

Responsible Sellers & Servers: Virginia’s Program (RSVP) is a free training oered as an online or in-person classroom course. RSVP classroom courses are

oered year-round and are instructed by a team of Virginia ABC special agents.

RSVP is recommended for:

 Virginia’s on-premise and o-premise licensees

 clerks

 cashiers

 wait sta

 bartenders

 “front line” employees

At the completion of RSVP, participants will be able to:

 understand laws, rules and regulations that govern alcohol sales and consumption in Virginia

 prevent intoxicated customers

refuse sales to underage and intoxicated customers

examine IDs

document alcohol-related incidents

To view the current schedule and to register for classes or the online training, visit our website at www.abc.virginia.gov/licenses/training.

RESPONSIBLE ALCOHOL DELIVERY DRIVER (RADD)

Responsible Alcohol Delivery Driver (RADD) online training is designed to educate licensees and alcoholic beverage delivery drivers on delivery best practices.

Join us in preventing unlawful sales and consumption of alcoholic beverages while running a successful and safe business.

RADD is required for:

 alcohol delivery driver

 this training is required annually

At the completion of RADD participants will be able to:

 understand laws, rules and regulations that govern alcohol sales and consumption in Virginia

refuse sales to underage and intoxicated customers

examine IDs

how to delivery alcohol legally in the state of Virginia

To register for online training, visit our website at www.abc.virginia.gov/licenses/training.

Publication Series: Licensee Guide

Preparing for an Annual Inspection

What are agents looking for when they conduct an inspection?

 Is your license posted and current?

 Is your designated manager list posted and current?

 Is the ownership information correct?

 Is the establishment illuminated suciently?

 Have there been physical modiﬁcations to the building? If so, was Virginia ABC properly notiﬁed?

 Are all required records (including sales/purchases of alcoholic beverages, food, keg books, etc.) current, complete and accurate?

 Was all wine and beer purchased from a wholesaler?

 For a mixed beverage licensee, the agent will check Virginia ABC store receipts and inspect for mixed beverage stamps to

determine whether spirits were properly purchased.

 Were mixed beverage stamps properly obliterated on empty spirits bottles?

 Is all advertising material authorized?

 Is food available during all hours the business is open?

 Agents will answer questions about Virginia ABC laws and regulations.

For further questions regarding your annual inspection, please contact your regional Virginia ABC oce.

Mixed Beverage Annual Review

The Mixed Beverage Annual Review (MBAR) is the name of a report that documents the food and beverage sales of mixed beverage

licensees. These licensees, including restaurants, caterers and clubs, are required by law to submit an MBAR to Virginia ABC Once a year

within 30 days after the end of the mixed beverage licensee year. (VAC 5-70-90.D.2)

The one-page form, provided by Virginia ABC, requires the reporting of sales totals for each month of the reporting year in four categories:

 Food and non-alcoholic beverages

 Mixed beverages

 Wine and beer

 Miscellaneous

In addition to this form, mixed beverage licensees must attach a list of all alcoholic beverages in their inventory on the last day of their

reporting year. Virginia ABC also supplies forms for this purpose.

The information provided in the MBAR report is used to verify that a mixed beverage licensee is in compliance with the 45% rule that states

45% of the total of food, non-alcoholic beverages and mixed beverages must derive from sales of food and non-alcoholic beverages.

The MBAR can be completed online and additional information can be found on Virginia ABC’s website.

Virginia ABC Education and Prevention

SELLER AND SERVER FIRST-OFFENSE PENALTIES

Any licensee charged with violating Virginia ABC regulations or statutes listed below (if the licensee 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 (1) accept the period of

license suspension set forth below for the violation and (2) pay the civil charge set forth below for the violation in lieu of suspension. However, Virginia ABC

strengthened penalties for second and third oenses for underage sales and underage consumption of alcohol.

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. 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 $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

Virginia 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 serving alcoholic beverages; younger than 21 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 state beer/wine tax (if deﬁciency has been corrected). 10 days $1,250

Wholesaler sale of wine/beer in unauthorized manner. 10 days $1,250

Wholesaler sale of wine/beer to unauthorized person. 10 days $1,250

Publication Series: Licensee Guide

The hearings process addresses disciplinary matters related to Virginia ABC law violations, contested license applications and Beer/Wine Franchise Act disputes. The

hearing process for Beer/Wine Franchise Act disputes is governed by the Rules of the Supreme Court. The following is a broad outline of the hearings process for all

other cases:

1. The charge resolutions process is initiated.

Generally, these proceedings result from one of four situations:

 Alleged violations by a licensee of one or more ABC laws and/or regulations

 Approval of a licensee’s designated manager/request to hire a felon

 Approval or extension of an area for exercise of the licensed privilege(s)

 Approval of a manufacturer’s label

Other proceedings may be held to address contested applications for an ABC license or permit or to resolve a dispute between a wholesaler and manufacturer

under the Beer or Wine Franchise Act.

2. The consent period begins.

In some disciplinary cases, i.e., alleged violations, VA ABC proposes a consent settlement option in writing. The licensee can admit the alleged violation(s) and

accept a monetary penalty and/or suspension of the ABC license.

3. The case is docketed.

A docket is the ocial schedule of pre-hearing conferences and hearings pending before a Virginia ABC administrative law judge. A Notice of Hearing and Notice

of Opportunity for Mediation or Negotiation is sent to the licensee, applicant, objector and/or complainant to initiate the charge resolution process. The Hearing

Notice will contain the dates, times and locations of the pre-hearing conference and formal hearing. The Notice of Opportunity for Mediation or Negotiation

will provide information should the licensee , applicant, objector and/or complainant wish to try to resolve the matter through negotiations or mediation.

Negotiations provides the licensee with the opportunity to resolve charges through discussions with Virginia ABC’s Oce of Legal Counsel. Mediation is another

possible way to resolve the matter prior to a hearing. It involves the use of a neutral facilitator and requires all parties to agree to attempt to mediate the

matter.

4. The pre-hearing conference is held.

The goal of the pre-hearing conference is to prepare for the formal hearing. At the pre-hearing conference, each party identiﬁes undisclosed witnesses and

materials it intends to use at the formal hearing; the parties also discuss stipulations, procedural and transcription issues, technology needs, translation services

and preliminary motions.

5. The formal hearing is held.

Hearings are held at one of Virginia ABC’s regional oces or in meeting rooms or court rooms at that region. These formal hearings are held before an

administrative law judge and are transcribed by a court reporter.*

6. An initial decision is issued.

After the hearing, the administrative law judge will issue the initial decision. The initial decisions is then mailed to the parties via USPS.

7. The initial decision may be appealed.

An applicant, licensee or other aggrieved party can appeal an initial decision to the ABC Board within thirty (30) days of the initial decision being issued.*

8. An appeal hearing is scheduled and held.

Appeal hearings are held at the Virginia ABC central oce in Hanover, Virginia. Appeal hearings are before a panel of the ABC board.

9. A ﬁnal decision is issued.

The ABC board upholds or modiﬁes the initial decision, i.e., dismisses charges, levies sanctions or takes other action as appropriate based on the initial decision*

or remands the matter back to an administrative law judge.

*Visit the “Hearings Process Page” on the Virginia ABC website for additional information..

Hearings and Appeals

Virginia ABC Education and Prevention

What do I need to do if I need a continuance before a hearing?

Send a written continuance request to the Hearings Division as soon as you are aware of the conﬂict, and no later than seven (7) full working days prior to the hearing. Continuances will

be granted only upon a showing of good cause. If a continuance request is made less than seven (7) full working days before the hearing, extenuating circumstances that could not be

foreseen must be shown.

Are there alternatives to the formal hearing process?

Where permitted one of two settlement options may eliminate the need for a hearing in disciplinary cases: consent settlements and negotiated resolutions. In limited circumstances,

and provided all parties agree, mediation services also may be available.

What is a consent settlement?

A consent settlement is a resolution proposal made by Virginia ABC, which gives the licensee a stated time to consider resolution terms. If accepted, the licensee admits the alleged

violation(s) and accepts a monetary penalty and/or suspension of the ABC license.

What is a negotiated resolution?

A negotiated resolution is an agreement between the licensee, applicant, objector and/or complainant, and VA ABC’s Oce of Legal Counsel for the alleged violation with Virginia ABC.

Where is the hearing held?

Hearings to resolve contested license application, alleged violation(s) of the Virginia ABC Act and/or Virginia ABC’s regulations take place at the appropriate Virginia ABC regional oce.

When will I be notiﬁed of the hearing?

The Notice of Hearing and Notice of Opportunity to Negotiate or Mediate contains the date, time and location of the pre-hearing conference and formal hearing. The parties are sent the

Notice of Hearing and Notice of Opportunity to Negotiate or Mediate once the matter has been docketed.

Do I need a lawyer at the hearing?

Although not required, if you wish, you may hire an attorney. Because the Notice of Hearing and Notice of Opportunity to Negotiate or Mediate the alleged violation(s) aords adequate

notice of the hearing date, delays in hiring an attorney rarely are grounds for a continuance.

What is the role of the administrative law judge at the hearing?

The administrative law judge conducts the hearing in a fair and impartial manner while assuring that all relevant and material information is considered in order to make a reasoned

decision.

What evidence can be presented at the hearing?

All evidence pertaining to the objections/charges/complaints should be disclosed before or during the pre-hearing conference and presented at the formal hearing. Parties will have the

opportunity to question witnesses, present evidence and oer argument in support of his/her case.

Who can attend the hearing?

Virginia ABC hearings are open to the public.

How do I ﬁnd out about the decision of the administrative law judge?

After the hearing, the administrative law judge will issue the initial decision. The initial decisions is then mailed to the parties via USPS.

Can I appeal the initial decision of the administrative law judge?

Yes. The party (i.e., applicant, licensee or aggrieved party) appealing must submit a letter to the assigned administrative law judge within thirty (30) days after issuance of the decision.

The letter must identify the alleged error of law or fact that caused an improper result. The board will hear the appeal at Virginia ABC’s central oce in Hanover, Virginia.

What type of evidence can be presented at an appeal hearing?

None, unless the board grants a motion to take additional evidence. Such a motion must be submitted at least ten (10) days prior to the appeal hearing. At the appeal hearing, the

appellant may argue his/her position based on evidence introduced previously at the hearing conducted by the administrative law judge.

What if I have other questions?

Persons having additional questions may contact the Hearings and Appeals Division at (804) 213-4444 or [email protected]om.

Are there fees associated with the Hearings Process?

A non-refundable ﬁling fee of $50.00 is required with the Notice of Appeal Before the Board.

A non-refundable ﬁling fee of $50.00 is required for franchise matters that have not been successful at other resolution attempts and desire to move forward with a formal hearing.

Requests for transcripts are at a cost of $2.85 per page. Transcripts are required to be prepared for any request for an Appeal before the Board at the expense of the appellant.

Below are the most frequently asked questions about the hearings, appeals and the Board Order process.

Publication Series: Licensee Guide

As a licensee, there are many opportunities for you to collaborate with other local businesses, organizations, police and Virginia ABC special agents to

create a safer community environment. Some localities have established business associations to ensure that all partners follow the same standards. These

standards provide guidelines to help enhance the safety of customers and residents. The most important step to being a good neighbor is ﬁnding common

ground amongst community partners.

A few examples of strategies are:

 Enforcing noise ordinances

 Increasing lighting on streets and in parking lots

 Compliance checks

 Continuing an open dialogue with each of your community partners

 Communication with local police

 Establishing consistent messages about your standards and expectations throughout your community

 Providing messages on how to drink responsibly

HOW CAN I BE A

Good Neighbor?

Project Sticker Shock

Project Sticker Shock is a youth-led community awareness and education program designed to prevent

underage youth from obtaining alcohol from adults 21 and older by using a fake ID to purchase alcohol an event,

participants place stickers and window clings that warn about the penalties for providing alcohol to minors and

using a fake ID to purchase alcohol on cases and coolers of alcohol at local o-premise licensees. The sticker

and window cling provide a message – educating adults and youth about the legal consequences and raising

awareness of this issue among those living in the surrounding community. It is a statewide eort to increase

visibility and compliance with Virginia’s underage drinking laws.

This program encourages partnership between community organizations, youth, retail establishments, law

enforcement, local media and other community members. Project Sticker Shock is a great opportunity for

licensees to collaborate with concerned individuals to take a proactive stand against underage drinking and

illegal sales of alcohol.

Virginia ABC encourages o-premise licensees to visit the Project Sticker Shock webpage to learn more - https://

www.abc.virginia.gov/education/programs/project-sticker-shock. If you are interested in being involved or have

any questions about events in your area, please contact Virginia ABC’s Education and Prevention.

Virginia ABC Education and Prevention

LICENSEE

FAQS

QUESTION ANSWER

When does a person reach their 21st birthday? The Attorney General’s Oce has opined that a person attains his/her

next year of age on the day prior to their birthday.

How old does a person have to be to purchase non-alcoholic beer? There is no minimum age requirement.

How do you obtain a Virginia ABC license? You may contact any of the Virginia ABC regional and satellite oces

for further details or visit our website to download an application.

How long does it take to get a retail license? A banquet license? Retail license applicants should apply at least sixty (60) days prior to

scheduled opening date. Banquet license applicants should apply at

least ten (10) days prior to the date of the event.

When is it appropriate to get a one-day banquet license? Whenever alcoholic beverages are being sold or dispensed in a public

place, where food is sold for compensation, on the premises of a club,

and to purchase alcoholic beverages from a wholesaler, a one-day

banquet license is required.

How much alcohol can be legally transported into Virginia? One (1) gallon or four liters, if in metric size containers, per person of

legal age.

How old do you have to be to sell alcohol at a Virginia ABC

o-premises licensed establishment?

For immediate family members, there is no age requirement. For

example, it would be permissible for the owner’s child who is 11 years

old to run the cash register.

For non-family members - any person that is of the legal working

age in Virginia may work selling alcohol in an o-premises licensed

establishment.

In both examples above, a designated manager who is 21 years of age

or older must be on the licensed premises.

Is “Sellers and Servers” (bartender) training mandatory in Virginia? No, but highly recommended. You may view training opportunities on

our website.

When a patron orders a bottle of wine and does not consume the

entire contents, can he/she take it home?

Yes, but it must be in the original container and sealed.

How old does a waiter or waitress have to be to serve alcohol? Waiter or waitress - 18 years of age; bartender - 21 years of age.

Publication Series: Licensee Guide

QUESTION ANSWER

What hours can happy hour be conducted? 6:00 a.m. until 9:00 p.m.

What are the current happy hour regulations? As of July 1, 2019 legislation allows establishments to include

prices when advertising happy hours, as well as creative terms in

advertising, such as “Wine Down Wednesday,” or “Thirsty Thursday.”

Happy hour specials may not promote over-consumption or underage

drinking.

How many drinks can a patron purchase at one time? No more than two drinks of wine, beer or mixed beverages during

happy hour. During all other times, no more than two mixed drinks at

one time, wine and beer - without restriction.

Are pitchers of mixed beverages authorized in Virginia? Mixed beverage licensees may sell pitchers of sangria and other

mixed beverages as long as 1) pitchers of mixed beverages are sold

in containers with a maximum capacity of 32 ounces or one liter, and

2) a pitcher may only be served to two or more patrons, who cannot

possess more than one pitcher at a time.

Can a bartender buy a drink for a customer while on duty? No.

Can a bartender give away a free drink to a customer while on duty? No.

Can an owner buy or give away a drink to a customer while on duty? No, an owner can only buy or give away a drink to personal friends

while on duty. 3 VAC 5 70 100.

Can a licensee sell or give away samples (tastes) of their oered

alcoholic beverages (less than the normal amount) so that patrons

may taste the product before purchasing a full serving?

An on-premise licensee can give a sample of their products. Samples of

wine shall not exceed two ounces, samples of beer shall not exceed four

ounces, and samples of spirits shall not exceed one-half ounce. No more

than two product samples shall be given to any person per visit.

Can a restaurant conduct a private function and allow participants to

bring in their own alcoholic beverages?

Yes, only in a private room that is separate from the public. If the

establishment has only one room, then the entire restaurant must be

closed to the general public.

Can a licensee transfer alcoholic beverages from one establishment

to another?

No, contact your agent for further information.

Can a convicted felon be employed in a licensed establishment? There have been recent changes that will allow some convicted felons

to be employed by a licensee unless the board disapproves them.

Are Virginia ABC licenses transferable? No

Virginia ABC Education and Prevention

QUESTION ANSWER

What newspapers are acceptable to publish in for Virginia ABC

licenses?

In any newspaper published in or having a general circulation in the

county, city or town wherein such applicant proposes to engage in

such business.

What do you check for when checking wine, beer and mixed

beverage invoices while conducting an inspection?

To verify that wine and beer were purchased from licensed Virginia

wholesalers and distilled spirits were purchased from Virginia ABC.

The mixed beverage ratio is 45% - 55%. What is the ratio for wine

and beer?

There is no ratio for wine and beer.

If a Virginia ABC license is suspended, may a licensee serve non-

alcoholic beer?

Yes.

Can an ocer of a corporation, living abroad, obtain a Virginia

ABC license?

Yes.

What are the rules regarding non-alcoholic beer? Non-alcoholic beer is less than one-half of 1% alcohol, therefore, it

is not controlled by Virginia ABC. Exceptions would be those things

a wholesaler can provide to a retailer regarding non-alcoholic

beverages.

How should a seller handle a second party sale? If a seller observes speciﬁc activity of a second party, such as passing

of money, participation in selection, or bringing the alcoholic

beverage to the checkout stand, identiﬁcation should be requested of

the second party. The sale may be legally refused.

What will the agent do if I cut a person o and they are sitting at

my bar waiting for a ride or etc.?

You may not serve alcoholic beverages to a patron to the point he

becomes intoxicated. However, if the patron has been cut o prior to

becoming intoxicated and attempts are made to secure him a ride,

there may not be a violation.

At closing, will agents write me up if I still have glasses with alcohol

on the table?

No. It is not a violation to have glasses with alcohol on the table at

or after closing. The violation is to allow consumption of alcoholic

beverages between the hours of 2 and 6 a.m.

Publication Series: Licensee Guide

QUESTION ANSWER

What are the rules for a private club? A private club is any private nonproﬁt corporation or association

which is the owner, lessee or occupant of an establishment operated

solely for a national, social, patriotic, political, athletic or other

like purposes. The rules for private clubs are the same as for retail

operations with the exception of hours of sale and brown bagging.

Clubs are limited to members and their invited guests except for

speciﬁc and limited times they may operate open to the public.

Can the licensee keep a falsiﬁed ID? What should the licensee do

with the ID?

Virginia law does not allow anyone other than sworn police to seize a

falsiﬁed ID. Licensees retaining such IDs should turn them over to the

local police or to their local Virginia ABC agent.

Can band members drink while playing at an establishment? Yes, as long as they are not involved in selling or serving alcohol and

are 21 or older.

When can employees drink alcohol? No retail wine or beer and mixed beverage licensee or his agent or

employee shall consume any alcoholic beverages while on duty and

in a position that is involved in the selling or serving of alcoholic

beverages to customers (COV 4.1-325 and 3 VAC 4.1-325.2).

If a patron is cut o in the restaurant can he be served in his room? No. Alcoholic beverages may not be sold to an intoxicated person.

What type of clothes can be worn in the restaurant by employees? Clothing which stresses nudity or near nudity on the premises of a

mixed beverage or wine and beer licensee is prohibited.

Can I oer unlimited drinks as a special? No, licensees may not oer unlimited alcoholic beverages.

Can I place orders for products with my Virginia ABC store online? Yes, you may place your orders online 24/7 through Management

of Inventory and Product Sales (MIPS); view present and future

discounting; and receive email notiﬁcations about your order status

on the Virginia ABC website.

Virginia ABC Education and Prevention

CONTACTS

VIRGINIA ABC’S EDUCATION AND PREVENTION

Mission:

To eliminate underage and high-risk drinking by building the capacity for communities to educate individuals and prevent alcohol misuse.

Philosophy:

We believe that communities can be formed in a variety of settings and that community leaders can regularly and more eectively impact their community.

Therefore, we oer prevention education, strategic planning knowledge, leadership skill building, resources, subject matter experts and partnerships to

build capacity and preparedness.

We believe that a multi-faceted approach to alcohol education and prevention is more eective and should include individuals, families, licensees and

communities.

Contact:

www.abc.virginia.gov/education | (804) 977-7440

education@VirginiaABC.com | @VirginiaABCEducationAndPrevention

HOW TO CONTACT YOUR VIRGINIA ABC AGENT

 Find the contact information for your regional and satellite oce below.

 Keep your agent’s card handy.

 Keep your agent up-to-date about any issues that may impact your ability to comply with Virginia’s alcohol-related laws and regulations such as

expansion to your building, special promotions and advertising, and hours of operation.

 Use your agent as a resource and ask proactive questions to clarify any misinformation or misinterpretation about Virginia’s alcohol-related laws

and regulations.

 Get to know your agent before an inspection or an underage buyer operation.

Your agent can refer you to licensee training programs. They can also make informal presentations and answer questions on interpreting Virginia’s

laws, spotting fake IDs, preventing intoxication and other related subjects.

 Notify your agent if you had to call law enforcement for any reason (ﬁght in your business, caught someone using a fake ID, etc.). An agent would

rather hear about the incident from the licensee rather than other law enforcement.

Publication Series: Licensee Guide

VIRGINIA ABC REGIONAL AND SATELLITE OFFICES

REGIONS LOCATION PHONE FAX

Abingdon (satellite of Roanoke) 102 Abingdon Place Abingdon, VA 24211-5197 (276) 676-5502 (276) 676-5549

Alexandria 6308 Grovedale Dr. Alexandria, VA 22310-2551 (703) 313-4432 (703) 313-4444

Charlottesville 630 Peter Jeerson Pkwy, Suite 260 Charlottesville, VA 22911-4624 (434) 977-2974 (434) 977-4772

Chesapeake 1103 South Military Hwy. Chesapeake, VA 23320-2343 (757) 424-6700 (757) 424-6744

Fredericksburg 7450 Freight Way, Mechanicsville, VA 23116 (540) 322-5440 (540) 891-3153

Hampton 4907 West Mercury Blvd. Hampton, VA 23605 (757) 825-7830 (757) 825-7884

Lynchburg 20353 Timberlake Rd., Suite A Lynchburg, VA 24502-7203 (434) 582-5136 (434) 582-5140

Richmond 7450 Freight Way, Mechanicsville, VA 23116 (804) 213-4620 (804) 323-1055

Roanoke 2943 Peters Creek Rd. NW., Suite D Roanoke, VA 24019-3518 (540) 562-3604 (540) 562-3612

Staunton 38 Professional Way, P.O. Box 1, Verona, VA 24482 (540) 332-7800 (540) 248-1081

Not sure which regional oce to call? See the Virginia ABC Bureau of Law Enforcement Territories list below.

TERRITORIES LIST

REGION COUNTIES AND CITIES

Region 1—Roanoke Counties: Alleghany, Botetourt, Craig, Franklin, Henry, Montgomery, Patrick and Roanoke. Cities: Covington,

Martinsville, Roanoke and Salem.

Region 1—Abingdon (Satellite) Counties: Bland, Buchanan, Carroll, Dickenson, Floyd, Giles, Grayson, Lee, Pulaski, Russell, Scott, Smyth, Tazewell,

Washington, Wise and Wythe. Cities: Bristol, Galax, Norton and Radford.

Region 2—Lynchburg Counties: Amherst, Appomattox, Bedford, Brunswick, Buckingham, Campbell, Charlotte, Cumberland, Greensville,

Halifax, Lunenburg, Mecklenburg, Nelson, Pittsylvania and Prince Edward. Cities: Danville, Emporia and Lynchburg.

Region 3—Staunton Counties: Augusta, Bath, Clarke, Frederick, Highland, Page, Rockbridge, Rockingham, Shenandoah and Warren.

Cities: Buena Vista, Harrisonburg, Lexington, Staunton, Waynesboro and Winchester.

Region 4—Alexandria Counties: Arlington, Fairfax, Loudoun and Prince William. Cities: Alexandria, Fairfax, Manassas, Manassas Park and

Falls Church.

Region 5—Fredericksburg Counties: Caroline, Essex, Goochland, Hanover, King & Queen, King George, King William, Lancaster, Northumberland,

Richmond, Spotsylvania, Staord and Westmoreland. Cities: Fredericksburg

Region 6—Richmond Counties: Amelia, Charles City, Chesterﬁeld, Dinwiddie, Henrico, New Kent, Nottoway, Powhatan and Prince George.

Cities: Colonial Heights, Hopewell, Petersburg and Richmond.

Region 7—Hampton Counties: Gloucester, Isle of Wight, James City, Mathews, Middlesex, Southampton, Surry, Sussex and York.

Cities: Franklin, Hampton, Newport News, Poquoson, Suolk and Williamsburg.

Region 8—Chesapeake Counties: Accomack and Northampton. Cities: Chesapeake, Norfolk, Portsmouth and Virginia Beach.

Region 9—Charlottesville Counties: Albemarle, Culpeper, Fauquier, Fluvanna, Greene, Louisa, Madison, Orange and Rappahannock.

Cities: Charlottesville.

Virginia ABC Education and Prevention

HOW TO CONTACT VIRGINIA ABC HEARINGS AND APPEALS

Appeals (804) 213-4439

Consent settlements (804) 213-4444

Dockets / hearings intake (804) 213-4440

Final decisions (804) 213-4441

FOIA requests (804) 213-4447

Oers-in-compromise (804) 213-4451

Virginia code requests (§4.1-227) (804) 213-4447

Chief clerk (804) 213-4447

Mailing address P.O. Box 218

Mechanicsville, VA 23111

Fax: (804) 213-4731

Website: www.abc.virginia.gov/enforcement/hearings-and-appeals

Compliance Unit (804) 213-4632

Complianc[email protected]om

Licensing Record Management (804)-213-4577

lrmhlp@virginiaabc.com

HOW TO CONTACT VIRGINIA ABC COMMUNICATIONS

Communications General Mailbox (804) 213-4413

pubrel@VirginiaABC.com

VIRGINIA ABC LICENSING SYSTEM

The Virginia ABC Licensing (VAL) system provides online access to business transactions with Virginia ABC, including:

• Licenses and Permits—apply, renew, modify, surrender, etc.

• Financial Transactions—payment of all fees, ﬁnes

• Hearings and Appeals—reporting and correspondence

• Training Records—ocially record licensee training such as RADD, RSVP and MART.

Licensees have the ability to manage their account and proﬁle, including adding authorized users, complete licensing tasks, ﬁnancial transactions and track your

required training all from the convenience of your computer.

LICENSEE NEWSLETTER

Sign up for our Licensee e-newsletter for updates about this innovative web-based licensee portal. https://www.abc.virginia.gov/licenses/licensee-e-newsletter/

Publication Series: Licensee Guide

VIRGINIA ABC RESOURCES

Virginia ABC Retail Licensee Resources (www.abc.virginia.gov/licenses/retail-resources)

The retail licensee resources section of our website is designed to further support licensed establishments in understanding and following Virginia’s ABC laws and

regulations.

Licensee Training Resources

Our courses are oered to help licensees become more responsible and to better understand Virginia laws, rules and regulations. Both courses are available online and in

classroom settings, instructed by a team of Virginia ABC special agents in your region.

Virginia ABC Education and Prevention Resources

Virginia ABC Education and Prevention provides programming and resources for all

age groups. Please call or visit us online for more information.

Phone: 804-977-7440

E-mail: education@VirginiaABC.com

Web: www.abc.virginia.gov

Facebook.com/VirginiaABCEducationAndPrevention

Miss Virginia School Tour

In partnership with Virginia ABC, Miss Virginia travels across Virginia to elementary schools spreading a message of health, wellness and prevention with students and

teachers.

Being Outstanding Leaders Together (BOLT) Against Drugs and Alcohol

Provides drug and alcohol prevention knowledge to middle school students through regional community collaboration and high school peer leadership.

Youth Alcohol and Drug Abuse Prevention Project (YADAPP)

A high school youth-led leadership conference equipping teens with a strategic plan and empowering them to keep their schools and communities alcohol and drug free.

Power of Parents

The Power of Parents program is designed to empower parents of middle and high school students through resources and training to have ongoing, intentional

conversations about the dangers and consequences of underage drinking.

Virginia Oce for Substance Abuse Prevention (VOSAP)

An organization that promotes collaboration among state and local agencies, organizations, coalitions and faith communities that address substance abuse prevention.

Higher Education Alcohol and Drug Strategic Uniﬁed Prevention (HEADS UP)

Strengthening and supporting the mission of healthy and safe campus-communities through strategic initiatives, resources and capacity building.

Project Sticker Shock

Supplies are provided to community groups in an eort to decrease social providing. The project includes stickers being placed on alcohol packaging reminding buyers to

not provide to minors and is done in conjunction with a press event to help raise awareness.

Virginia Higher Education Substance Use Advisory Committee (VHESUAC)

VHESUAC is led by an Executive Council and Workgroup which develop and update a statewide strategic plan for substance use education, prevention and intervention at

Virginia’s institutions of higher education.

Educational and Prevention Materials

Publications, online training and public service announcements are available to the general public at no cost.

Grant Program

Alcohol education and prevention grants assist community partners to develop and enhance initiatives related to alcohol education and prevention. Grant cycle is July

through June with applications due in the spring.

www.abc.virginia.gov • (804) 977-7440

7450 Freight Way • Mechanicsville, VA 23116

Design by the Oce of Graphic Communications: Virginia Department of General Services

FY2023 Update