3VAC5-70-250. Waiver of penalty for certain first-time violations.
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.