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1997 SESSION

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972050443
HOUSE BILL NO. 2130 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on General Laws on February 1, 1997) (Patron Prior to Substitute--Delegate Scott) A BILL to amend and reenact § 4.1-307 of the Code of Virginia, relating to alcoholic beverage control; sale of alcoholic beverages by persons under eighteen years of age; penalty.

Be it enacted by the General Assembly of Virginia:

1. That § 4.1-307 of the Code of Virginia is amended and reenacted as follows:

§ 4.1-307. Persons by whom alcoholic beverages may not be sold or served; penalty.

A. No person shall permit anyone employed by him under the age of (i) eighteen years to sell, serve or dispense in any manner alcoholic beverages for on-premises consumption, except pursuant to subdivisions 1 through 5 of § 4.1-200 or (ii) twenty-one years to prepare or mix alcoholic beverages in the capacity of bartender.

B. Notwithstanding the provisions of clause (i) of subsection A, no retail licensee whose licensed establishment is located in the Northern Virginia Planning District shall permit anyone employed by him under the age of eighteen years to sell, serve or dispense in any manner alcoholic beverages, except pursuant to subdivisions 1 through 5 of § 4.1-200. However, upon the showing of a hardship by such a licensee who has less than six full-time employees, the Board may permit such licensee to allow employees under the age of eighteen years to sell, serve or dispense alcoholic beverages.

C. Any person convicted of a violation of this section shall be guilty of a Class 1 misdemeanor.

2. That the Alcoholic Beverage Control Board (the Board) shall study the incidence of the sale of alcoholic beverages by persons under the age of eighteen years employed by retail licensees and its relationship to violations of Title 4.1 and regulations of the Board. As a part of its study, the Board shall receive data on the number of any such violations and the age of the persons involved in these violations. The Board shall report its findings and any recommendations to the Governor and the 1998 Session of the General Assembly.

3. That the provisions of the first enactment of this act shall not become effective unless reenacted by the 1998 Session of the General Assembly.