A. In accordance with subdivision E 4 of
§ 4.1-227 of the Code of Virginia, whenever the board finds that a charge
against a licensee for a violation listed in this subsection is substantiated,
the licensee has had no prior violations within five years immediately
preceding the date of the subject violation, and the subject violation was not
willful and knowing, the board shall enter an order substantiating the
violation without imposing a penalty. The provisions of this subsection shall
apply to the following violations:
1. Keeping
unauthorized alcoholic beverages on the premises, upon which appropriate taxes
have been paid;
2. Allowing an
intoxicated person to loiter on the premises;
3. After hours sales or consumption of
alcoholic beverages;
4. No
designated manager on premises;
5.
Invalid check to wholesaler or board;
6. Inadequate illumination;
7. Not timely submitting a report required by
statute or regulation;
8.
Designated manager not posted;
9.
Person less than 18 years of age serving alcoholic beverages; less than 21
years of age acting as bartender;
10. Sale of alcoholic beverages in
unauthorized place or manner;
11.
Consumption of alcoholic beverages in unauthorized area;
12. Removal of alcoholic beverages from
authorized area;
13. Failure to
obliterate mixed beverage stamps;
14. Employee on duty consuming alcoholic
beverages;
15. Conducting illegal
happy hour;
16. Illegally
advertising happy hour;
17.
Unauthorized advertising;
18.
Failure to remit state beer/wine tax (if deficiency has been
corrected);
19. Wholesaler sale of
wine/beer in unauthorized manner; and
20. Wholesaler sale of wine/beer to
unauthorized person.
B.
Whenever any licensee who has not had any substantiated violations of
regulation or statute within the previous five years is charged with a
violation, the board, if the facts found by the board would justify a finding
that the charge is substantiated but is not a willful and knowing violation,
with the consent of the licensee, may defer further proceedings and place the
licensee on probation upon terms and conditions.
As a term or condition, the board shall require the licensee
to participate in or provide employees such board-approved seller/server or
manager training as, in the opinion of the board, may be best suited to the
needs of the licensee based upon consideration of the nature of the
violation.
As a condition of probation, the board shall require the
licensee to (i) successfully complete the required training program and (ii)
comply with all alcoholic beverage laws and regulations during the period of
probation.
Upon violation of a term or condition, the board may enter an
adjudication that the charge is substantiated and proceed as otherwise
provided. Upon fulfillment of the terms and conditions, the board shall dismiss
the proceedings against the licensee. Dismissal under this section shall be
without adjudication of the charge and is a substantiated violation only for
the purposes of applying this section in subsequent
proceedings.