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2013 SESSION

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HB 1587 ABC; contemplated actions by brewery or beer wholesaler.

Introduced by: David B. Albo | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

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 by any beer wholesaler against a brewery, or by any brewery 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 or subdivision 1 c of § 4.1-225. 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. The bill provides that 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. The bill requires the parties first to attempt a good faith resolution of the issue in question before petitioning the ABC Board.

SUMMARY AS INTRODUCED:

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.