Compliance Corner 3/23/2020
The Compliance Corner
By Mary Beth Williams
COVID – The Legalities – Update #3 – 2p 3/23/20
As of midnight tomorrow, 3/24, on premises service and sales of food and alcohol is banned. Delivery, Curbside, and carryout is still permitted. All gatherings of more than 10 people, whether public or private, are banned. We’ll get you more specifics as they become available.
Here are the specific instructions that ABC has put in place for delivery permits during the COVID.
1. Sales are only authorized to individuals who are otherwise legally qualified to purchase wine and beer.
2. The General Permit authorizes delivery of such products without the necessity of the licensee obtaining a delivery permit from the Virginia Alcoholic Beverage Control Authority. All such deliveries of beer, wine, or farm wine shall be performed by either (i) the owner or any agent, officer, director, shareholder or employee of the permittee or (ii) an independent contractor of the permittee, provided that (a) the permittee has entered into a written agreement with the independent contractor establishing that the permittee shall be vicariously liable for any administrative violations of this section or § 4.1-304 committed by the independent contractor relating to any deliveries of beer, wine, or farm wine made on behalf of the permittee and (b) only one individual takes possession of the beer, wine, or farm wine during the course of the delivery.
3. Deliveries may be made to consumers in the Commonwealth forgoing the requirement to get the recipient’s signature when making a delivery. Provided that whoever is making the delivery denotes on electronic or paper form the legible full name of the individual that is receiving the delivery as well as the method of verification for documenting that the recipient was at least 21 years of age as the delivery permittee has the sole responsibility of verifying that the recipient is at least 21 years of age pursuant to 3VAC5-50-20.
4. Delivery shall be refused when the proposed recipient appears to be under the age of 21 years and refuses to present valid identifications.
5. All permittees delivering wine or beer pursuant to this section shall affix a conspicuous notice in 16-point type or larger to the outside of each package of wine or beer delivered in the Commonwealth, in a conspicuous location stating: "CONTAINS ALCOHOLIC BEVERAGES; SIGNATURE OF PERSON AGED 21 YEARS OR OLDER REQUIRED FOR DELIVERY." Such notice shall also contain the delivery permit or license number of the delivering permittee.
6. No more than four cases of wine nor more than four cases of beer may be delivered at one time to any person in Virginia to whom alcoholic beverages may be lawfully sold, except that the permittee may deliver more than four cases of wine or more than four cases of beer if he notifies the Department in writing at least one business day in advance of any such delivery, which notice contains the name and address of the intended recipient.
We’ll keep you posted as things change over the weekend.
Mary Beth Williams is the President of Williams Compliance and Consulting Group, LLC, a compliance services and legal consulting provider based in Hanover County, Virginia. For more information, contact Mary Beth at Marybeth@williamscompliance.com or (804) 445-2924.
Dear Food Establishment:
On March 17, 2020, Governor Northam and Virginia Department of Health (VDH) Commissioner Oliver issued a Public Health Emergency Order to enforce a ten (10) patron limit in restaurants. This Order mandates that all VDH regulated restaurants and similar establishments in Virginia restrict occupancy to not more than 10 patrons at a given time.
It is the interpretation of the Virginia Department of Agriculture & Consumer Services (VDACS) that the order issued by the Governor and State Health Commissioner regarding the restriction limiting the number of patrons at restaurants and similar establishments to ten (10), also applies to similar establishments or activities as regulated by the VDACS Food Safety Program, including farmers’ markets, areas at breweries wineries and distilleries that include tasting rooms, public taprooms, sit down seating areas within these facilities and any comparable retail operation such as convenience stores with food service and seating.
This directive does not include grocery stores, as they are deemed essential for retail food distribution to the general population.
VDACS is continuing to encourage all food establishments to be vigilant by emphasizing employee health, good hygiene and sanitation practices for employees. While COVID-19 is not spread by food, continued action should be taken to prevent the person to person spread of COVID-19 from an infected food worker to co-workers and/or customers.
Thank you for your cooperation regarding this important directive.
For questions related to the coronavirus, visit the Virginia Department of Health's website at http://www.vdh.virginia.gov/environmental-health/
Additional guidance can be found at: