TITLE 3. ALCOHOLIC BEVERAGES
REGISTRAR'S NOTICE: The
Alcoholic Beverage Control Board is claiming an exemption from Article 2 of the
Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code
of Virginia, which excludes regulations that are necessary to conform to
changes in Virginia statutory law where no agency discretion is involved. The
Alcoholic Beverage Control Board will receive, consider, and respond to
petitions by any interested person at any time with respect to reconsideration
or revision.
Title of Regulation: 3VAC5-70. Other Provisions (amending 3VAC5-70-200).
Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code
of Virginia.
Effective Date: July 12, 2017.
Agency Contact: LaTonya D. Hucks, Legal Liaison,
Department of Alcoholic Beverage Control, 2901 Hermitage Road, Richmond, VA
23220, telephone (804) 213-4569, FAX (804) 213-4574, or email
latonya.hucks@abc.virginia.gov.
Summary:
Pursuant to Chapter 155 of the 2017 Acts of Assembly, the
amendments authorize a permittee to purchase grain alcohol with a proof greater
than 151 at government stores from July 1, 2017, through June 30, 2022.
3VAC5-70-200. Grain alcohol; permits; qualifications; records;
refusal, suspension, or revocation.
A. The board may issue a yearly permit authorizing the
permittee to purchase grain alcohol with a proof greater than 101 at government
stores for any of the following purposes:
1. Industrial use;
2. Commercial use;
3. Culinary use; or
4. Medical use.
During the period July 1, 2017, through June 30, 2022, the
board may issue a yearly permit authorizing the permittee to purchase grain
alcohol with a proof greater than 151 at government stores for any of the
purposes listed in this subsection.
B. The application for such permits shall be on forms
provided by the board.
B. C. Permits may be issued to legitimate
businesses for any one or more of the purposes stated in subsection A of
this section upon presentation of satisfactory evidence of the conduct of
the business activity involved. For good cause shown, the board may issue a
permit to an individual for any of the uses stated in subsection A of this
section.
C. D. A person obtaining a permit shall
maintain complete and accurate records of all purchases for a period of two
years, and the. The board and its special agents shall have free
access during reasonable hours to all records required to be kept pursuant to
this section.
D. E. The board may refuse to issue,
suspend, or revoke the a permit if it shall have the
board has reasonable cause to believe that (i) the permittee would
use, has used, or allowed to be used grain alcohol for any unlawful
purpose, or that (ii) any cause exists under § 4.1-222 of
the Code of Virginia for which the board may refuse to grant the applicant any
license or has done any act for which the board might suspend or revoke a
license under § 4.1-225 of the Code of Virginia.
VA.R. Doc. No. R17-5116; Filed May 19, 2017, 1:58 p.m.