Suggested Penalties for First Offenses

Suggested Penalties for First Offenses Committed by ABC Licensees

Below is a listing of potential first offense penalties available to licensees as outlined in 3-VAC-5-70-210. Licensees may accept these penalties in lieu of a hearing if they have no other administrative violations within a three-year period preceding the new violation (called a consent settlement offer).

Standard penalties for these and other administrative offenses may be more or less severe depending on the type of offense and number of previous violations committed by an ABC licensee. For first offenses, licensees may elect to serve the specified suspension or pay the specified civil penalty.

Violation: Sale of beer, wine or mixed beverages to a person at least 18 but under 21 years of age
Suspension: 25 days Civil Penalty: $2,000

Violation: Allowing consumption of beer, wine or mixed beverages by a person at least 18 but under 21 years of age
Suspension: 25 days Civil Penalty: $2,000

Violation: Aiding and abetting the purchase of alcoholic beverages by a person at least 18 but under 21 years of age
Suspension: 10 days Civil Penalty: $1,000

Violation: Allowing an intoxicated person to loiter on the premises
Suspension: 7 days Civil Penalty: $500

Violation: Sale to an intoxicated person
Suspension: 25 days Civil Penalty: $2,000

Violation: Allowing consumption by an intoxicated person
Suspension: 25 days Civil Penalty: $2,000

Violation: After hours sales or consumption of alcoholic beverages
Suspension: 10 days Civil Penalty: $1,000

Violation: No designated manager on premises
Suspension: 7 days Civil Penalty: $500

Violation: Failure to maintain mixed beverage food ratio required by statute (not applicable if ratio falls below 30%)
Suspension: 10 days Civil Penalty: $1,000

Violation: ABC license not posted
Suspension: 7 days Civil Penalty: $500

Violation: Designated manager not posted
Suspension: 7 days Civil Penalty: $500

Violation: Person less than 18 serving alcoholic beverages; less than 21 acting as bartender
Suspension: 7 days Civil Penalty: $500

Violation: Sale of alcoholic beverages in unauthorized place or manner
Suspension: 10 days Civil Penalty: $1,000

Violation: Consumption of alcoholic beverages in unauthorized place or manner
Suspension: 7 days Civil Penalty: $500

Violation: Removal of alcoholic beverages from authorized area
Suspension: 7 days Civil Penalty: $500

Violation: Employee on duty consuming alcoholic beverages
Suspension: 7 days Civil Penalty: $500

Violation: Conducting illegal happy hour
Suspension: 7 days Civil Penalty: $500

Violation: Illegal advertising of happy hour (including flyers, news articles, outboard promotions, etc)
Suspension: 7 days Civil Penalty: $500

Violation: Unauthorized advertising
Suspension: 7 days Civil Penalty: $500

Source: Virginia Alcoholic Beverage Control Regulation 3 VAC 5-70-210 (07/05)