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2013 SESSION

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Senate Committee on Rehabilitation and Social Services

Chairman: Frank W. Wagner

Clerk: Maryann Horch, Eric Bingham
Staff: Sarah Stanton
Date of Meeting: February 1, 2013
Time and Place: 8:30 a.m. - Senate Room B

H.B. 1587 ABC; contemplated actions by brewery or beer wholesaler.

Patron: Albo

Alcoholic beverage control; powers of Alcoholic Beverage Control Board to issue certain case decisions. Empowers the Alcoholic Beverage Control Board to render a determination in response to a petition from a private party or Board staff, filed pursuant to the provisions of the Beer Franchise Act requesting the issuance of a case decision declaring whether contemplated action of a named party would be lawful or unlawful if carried out. The bill also provides that the ABC Board may, if it finds that a brewery or beer wholesaler has frivolously maintained a petition or defense to a petition pursuant to the Beer Franchise Act, award reasonable costs and attorney fees to the prevailing party. In addition, any beer wholesaler may file a petition against a brewery, and any brewery may file a petition against a beer wholesaler, in which the petitioner alleges that the respondent named in the petition as a matter of past or present fact has violated or attempted to violate, or has contemplated action that if carried out would violate any provision of the Beer Franchise Act, § 4.1-111, subdivision 1 or 3 of § 4.1-208, subdivision 2 of § 4.1-223, or any regulation adopted by the Board pursuant to such provisions. The bill provides that (i) the Board shall have the responsibility to promptly issue a written determination as to whether such violations or attempted violations have occurred or whether such violations would occur if such contemplated action of a named party were to be carried out and (ii) any document that describes or authorizes any act that could be undertaken by a beer wholesaler or brewery shall constitute conclusive evidence that such action is contemplated action within the scope of the bill if that writing was created by or on behalf of such beer wholesaler or brewery. The bill further establishes which party has the burden of proof with regard to allegation of violations of law and provides that recognized industry trade associations have the right to appear as amicus curiae in ABC Board proceedings in which a party is seeking a declaratory determination on one or more questions of law. The bill contains technical amendments.

 

S.B. 1266 Nonconsecutive jail times; court to sentence defendant to weekend days, etc.

Patron: Norment

Nonconsecutive jail time. Authorizes a court to sentence defendants convicted of a criminal offense, not just those convicted of a misdemeanor, who are sentenced to confinement in jail, to weekend days or nonconsecutive days to permit the defendant to retain gainful employment.

S.B. 1327 Alcoholic beverage control; prohibited practice by retail wine and beer licensees, penalty.

Patron: McEachin

Alcoholic beverage control; prohibited practice by retail wine and beer licensees; penalty. Provides that no retail off-premises wine and beer licensee shall sell any alcoholic beverage by means of a self-scanning cash register or other point-of-sale system. The bill defines "point-of-sale system" and provides that any person convicted of a violation is guilty of a Class 1 misdemeanor.

S.B. 1349 Alcoholic beverage control; mandatory revocation of mixed beverage licenses.

Patron: McEachin

Alcoholic beverage control; mandatory revocation of mixed beverage licenses. Requires the ABC Board to revoke the license of a mixed beverage restaurant licensee that (i) does not meet the 45 percent food/beverage ratio more than two times in a 10-year period; (ii) has defrauded or attempted to defraud the ABC Board, or any federal, state, or local government or governmental agency or authority, by making or filing any report, document, or tax return required by statute or regulation that is fraudulent or contains a false representation of a material fact; or (iii) has willfully deceived or attempted to deceive the Board, or any federal, state, or local government or governmental agency or authority, by making or maintaining business records required by statute or regulation that are false or fraudulent.