USVI Public Records

As used in this chapter, unless it is otherwise provided or the context requires a different construction, application, or meaning- "Board" means the Virgin Islands Board of Control of Alcoholic Beverages, which is continued within the Department of Licensing and Consumer Affairs by section 275 of Title 3, VIC; "bottle" means a container of glass or any other material holding not more than 40 fluid ounces; "case" means a carton or container of not less than six bottles each containing not less than 20 fluid ounces, or the equivalent thereof in smaller bottles; "club" means any incorporated or unincorporated association of individuals properly organized with duly elected officers, constitution and bylaws, for their mutual entertainment, or benefit or both; "distilled spirits" means any and all alcoholic beverages, of whatever nature, containing more than 16 per centum of alcohol by volume, by whatever process produced and by whatever name such alcoholic beverages may be called; "fermented liquors" means any and all fermented beer, lager beer, ale, porter, liquor, wine, or any other beverage containing more than one-half of one per centum of alcohol by volume and not more than 16 per centum of alcohol by volume; "hotel" means any public lodging house licensed as a hotel by the Government of the United States Virgin Islands; "storekeeper" means any person who owns and operates a store, possessing a license to do business; "tavern" means any public drinking place with or without accommodations for eating and dancing; and "wholesaler" means any person, merchant's representative, or factor offering for sale and selling distilled spirits or fermented liquors in quantities of more than one dozen units as sold retail, and possessing a license to do business. History: Amended June 24, 1987, No. 5265, § 707(f), (g), Sess. L. 1987, p. 81.

The Board shall have power to regulate the manufacture, sale, and exportation of alcoholic beverages in the United States Virgin Islands.

(a) The Board is authorized to establish or designate and license bonded warehouses for the storage and aging of fermented liquors and/or distilled spirits. (b) The Board is authorized to adopt, subject to the approval of the Governor, regulations not inconsistent with applicable laws for the operation of such bonded warehouses with respect to- (1) storage, security, gauging and regauging, entry and removal of fermented liquors and/or distilled spirits; (2) warehouse receipts; (3) blending in bond; (4) bottling in bond; (5) identification and labeling of all goods in bond or sold as bonded goods; (6) payment of warehouse charges; and (7) issuance of age certificates.

All fermented liquors and/or distilled spirits introduced into, manufactured in, sold in, and exported from the United States Virgin Islands shall be truthfully labeled. The label of any fermented liquor or distilled spirit in excess of six percentum of alcohol by volume shall state the alcoholic content. Local producers, bottlers or retailers shall be held responsible for false labeling. History: Amended Oct. 13, 1994, No. 6021, § 2(a), Sess. L. 1994, p. 214.

(a) No person shall engage in the brewing, distilling, blending, manufacturing, selling or distributing of fermented liquors or distilled spirits without a license as provided for in this chapter and such permits as may be required by Federal law. (b) No owner, lessee, or manager of any place of business not duly licensed according to the provisions of this chapter shall abet or permit the sale of fermented liquors or distilled spirits on or within such place of business, within any part thereof partitioned off or otherwise separated therefrom, or on or in any premises adjacent thereto and within his jurisdiction. In the event of the violation of this subsection the owner or owners or the lessee or lessees and the manager or responsible employee shall be jointly and severally liable to the penalties imposed by this chapter.

Brewer's License (a) A Brewer's License shall be required for the production of fermented liquors. The holder of a Brewer's License shall sell fermented liquors in the United States Virgin Islands only to holders of licenses under this chapter but shall not be so restricted as to export sales. Distiller's License (b) A Distiller's License shall be required for each distillery for the production of distilled spirits by any process whatsoever. The holder of a Distiller's License shall sell in the United States Virgin Islands only to holders of licenses under this chapter but shall not be so restricted with respect to export sales. A Distiller's License shall include a Manufacturer's Liquor License as defined in subsection (c) of this section. The holder of a Distiller's License shall keep accurate records of production and withdrawals. A report of such production and withdrawals shall be filed with the Board for each month before the tenth day of the following month. Manufacturer's Liquor License (c) A Manufacturer's Liquor License shall be required, except of a licensed distiller, for the manufacture or production of any form of distilled spirits by any process other than distillation, or for the blending, mixing, and bottling of distilled spirits or fermented liquors. The products made under a Manufacturer's Liquor License shall be sold in the United States Virgin Islands only to or by those holding licenses under this chapter but shall not be so restricted with respect to export sales.

(a) An Importer's Liquor License shall be required of any person importing fermented liquors and/or distilled spirits for sale in the United States Virgin Islands. An Importer's Liquor License, for which no fee shall be charged, shall be granted only to a holder of an Importer's License; but a person may bring in with him as personal baggage not more than one gallon of fermented liquors and/or distilled spirits. This section shall not apply to established churches importing fermented liquors for sacramental purposes only. (b) The holder of an Importer's Liquor License may sell fermented liquors and/or distilled spirits only in quantities of case lots or more unless such importer holds a retail liquor license. Such licensee shall sell fermented liquors and/or distilled spirits locally only to holders of licenses under this chapter but shall not be so restricted as to export sales. (c) Before a holder of an Importer's Liquor License may receive approval to release any shipment of fermented liquors or distilled spirits, the licensee shall for each distilled spirit, wine, or beer the licensee imports, file with the Department of License and Consumer Affairs: (1) a contract in which the brand owner or manufacturer agrees that the licensee is the authorized, exclusive importer for the Virgin Islands; or (2) a letter from the brand owner or manufacturer stating that the licensee has permission to import the distilled spirit, wine or beer into the Virgin Islands. History: Amended Oct. 6, 2016, No. 7930, § 3, Sess. L. 2016, p. 184.

A Wholesale Liquor License authorizes the sale of distilled spirits and/or fermented liquors wholesale in the United States Virgin Islands.

Kinds of licenses (a) The following licenses shall be issued to qualified applicants- (1) Storekeeper Liquor License. This license authorizes the sale of distilled spirits and/or fermented liquors in sealed containers, wholesale or retail on the premises. (2) Tavernkeeper-Storekeeper Liquor License. This license authorizes the sale of distilled spirits and/or fermented liquors in sealed containers, wholesale or retail, or by the drink. (3) Tavernkeeper Liquor License (A). This license authorizes the sale of distilled spirits or fermented liquor or both for consumption on the premises, and fermented liquors in sealed containers. The Virgin Islands Department of Licensing and Consumer Affairs shall determine the maximum number of licenses in historic districts in the Virgin Islands and shall conduct public hearings before issuing Tavernkeeper Liquor Licenses (A) in those districts. All applications for licenses under this paragraph shall be considered, and all licenses issued to the applicants otherwise qualified, in accordance with the following priorities: First: Applications for renewal of license. Second: In all other cases, in accordance with the priority established by date and time of application. (4) Tavernkeeper Liquor License (B). This license authorizes the sale of fermented liquors for consumption on the premises, and in sealed containers. (5) Hotelkeeper Liquor License. This license authorizes the keeper of a hotel to sell distilled spirits and/or fermented liquors for consumption on the premises. (6) Club Liquor License. This license authorizes the sale by a club of distilled spirits and/or fermented liquors for consumption on the premises. General provisions (b) All places of business licensed under this section shall comply with the following provisions, in addition to any other provisions which may be fixed by law or regulation- (1) No such place of business shall have any booths or rooms which are not open to full view. (2) All such places of business shall maintain proper toilet facilities which need not necessarily include flush toilets. (3) The provisions of Title 27 governing the times of opening and closing of business shall be complied with. (c) The provisions of paragraph (2) of subsection (b) of this section shall not be applicable to any person or entity who or which on the date of enactment of this subsection possesses a valid license issued pursuant to the provisions of this section and who or which sells distilled spirits and/or fermented liquors from a vehicle which, while being so utilized, remains stationary no more than 12 hours during any 24-hour time period in which it is so utilized. History: Amended Nov. 28, 1960, No. 653, Sess. L. 1960, p. 205; Mar. 15, 1966, No. 1617, Sess. L. 1966, p. 87; Oct. 26, 1982, No. 4759, § 2, Sess. L. 1982, p. 184; amended June 21, 2017, No. 7989, § 1(1), (2), Sess. L. 2017, p. 13.

The Police Commissioner may issue special permits for not more than twelve hours for the sale or serving of alcoholic beverages at races, dances, and other special occasions. Such special permits shall not be issued for any place already licensed under this chapter. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

History: Repealed. June 7, 1957, No. 194, § 3, eff. Jan. 1, 1958, Sess. L. 1957, p. 89.

(a) Except as otherwise provided in this title, each license issued pursuant to this title shall be effective for a license year expiring on the thirty-first day of December following the date of its issuance. The license fee prescribed therefor shall be the license fee due and payable therefor, and shall be paid at the time of issuance or renewal of the license. In addition to payment of the minimum fee required in section 11 of this title for a distiller's license, a distiller shall pay at the time of issuance or renewal an amount computed according to his anticipated production for the year for which the license is issued, and adjustment shall be made at the close of each year to the end that the license fee shall conform with the schedule provided in such section for such license. (b) When application for the necessary license under this title is made after June thirtieth in any year by any person commencing, after such date, a new business that is required to be licensed under this title, the license fee for the remainder of such year shall be one-half of the fee prescribed in this title. (c) License fees under this title shall be paid to the Commissioner of the Department of Licensing and Consumer Affairs, and shall be covered into the Treasury of the Government of the United States Virgin Islands. History: Amended June 24, 1987, No. 5265, § 707(f), Sess. L. 1987, p. 81.

(a) Applications for licenses under this chapter shall be made to the Board in writing and in the form prescribed by the Board. (b) Licenses under this chapter shall be issued by the Commissioner of the Department of Licensing and Consumer Affairs upon the recommendation of the Board. (c) The Commissioner of the Department of Licensing and Consumer Affairs may refuse to grant an application for a license under this chapter, upon finding, after public notice and adequate hearing, that such refusal is in the public interest. (d) The Commissioner of the Department of Licensing and Consumer Affairs shall not grant any tavern keeper license to any bar or tavern that is less than one hundred (100) feet from a church. This subsection shall not apply to any bar or tavern in operation prior to passage of this subsection. (e) Any person aggrieved by a decision of the Commissioner of the Department of Licensing and Consumer Affairs under subsection (c) of this section shall be entitled to a review of the decision by the District Court upon appeal made within 10 days after receiving notice of the decision. (f) This section shall not apply to special permits for races, dances, and other special occasions issued under section 10 of this title. History: Amended Feb. 11, 1969, No. 2409, § 1, Sess. L. 1969, p. 48; June 24, 1987, No. 5265, § 707(f), Sess. L. 1987, p. 81; Mar. 24, 1998, No. 6221, § 6(a), Sess. L. 1998, p. 228.

(a) A license under this chapter shall be valid only for one place of business. A business may be moved to another location only with the permission of the Commissioner of the Department of Licensing and Consumer Affairs. Temporary permits to license holders to be granted by the Commissioner of the Department of Licensing and Consumer Affairs for periods of not more than twenty-four hours shall be required for the sale of alcoholic beverages in places other than that covered by the license. (b) No license shall be assigned or transferred to, or used by, anyone except the party to whom it is issued. History: Amended Feb. 11, 1969, No. 2409, § 1, Sess. L. 1969, p. 48; June 24, 1987, No. 5265, § 707(f), Sess. L. 1987, p. 81.

In every place of business operated by virtue of a license issued under this chapter, the license shall be posted in a conspicuous place within the establishment for inspection by the police and notice to the public.

The sale or possession of any fermented liquors or distilled spirits on which the duties or taxes required by law have not been paid shall constitute cause for immediate revocation of license in addition to such other penalties as may be legally imposed.

(a) The Commissioner of the Department of Licensing and Consumer Affairs may revoke or suspend any license issued under this chapter, upon finding, after public notice and adequate hearing, that such revocation or suspension is in the public interest. (b) Any person aggrieved by a decision of the Commissioner of the Department of Licensing and Consumer Affairs under this section shall be entitled to a review of the decision by the district court upon appeal made within 30 days after receiving notice of the decision. History: Amended Feb. 11, 1969, No. 2409, § 1, Sess. L. 1969, p. 48; June 24, 1987, No. 5265, § 707(f), Sess. L. 1987, p. 81.

Notwithstanding any other provision of law, only applicants who would qualify as Minority Business Enterprises as that term is defined in Title 49, part 23 of the Code of Federal Regulations and who would qualify for assistance under Title 11, chapter 23, section 1252, subsections (a), (b) and (c) of this Code (the eligibility standards for the Small Business Development Agency) shall sell cigarettes, distilled spirits and/or fermented liquors in sealed containers at any place of business established at points of arrival to or departure from the United States Virgin Islands by air or water, on property owned by or under the jurisdiction of the United States Virgin Islands Port Authority. History: Added July 19, 1976, No. 3851, Sess. L. 1976, p. 161; amended Feb. 15, 1984, No. 4893, § 15, Sess. L. 1984, p. 17.

(a) The Board may issue regulations, with the approval of the Governor, for the efficient and effective execution of the provisions of this chapter. (b) The holders of licenses issued under this chapter shall conduct their establishments in accordance with the regulations of the Board.

Whoever violates any provisions of this chapter, or of the regulations issued under this chapter, shall be fined not more than $200 or imprisoned not more than one year, or both.

As used in this chapter- (a) The term "rum" means any alcoholic distillate from the fermented juice of sugarcane, sugarcane syrup, sugarcane molasses, or other sugarcane by-products distilled in such manner that the distillate possesses the taste, aroma, and characteristics generally attributed to rum; and includes mixtures solely of such distillates. (b) The term "fermented juice" means the fermented juice of sugarcane, sugarcane syrup, sugarcane molasses, or other sugarcane by-products. (c) The term "production" includes manufacture, distillation, rectification, blending, and bottling. (d) The term "person" includes a partnership or corporation. History: Added May 27, 1960, No. 567, Sess. L. 1960, p. 71.

No person shall engage in the production of rum in the United States Virgin Islands unless the first distillation of the fermented juice from which such rum is produced was performed in the United States Virgin Islands. History: Added May 27, 1960, No. 567, Sess. L. 1960, p. 71.

Regulations of Board No license shall be issued under section 6 of this title for the production of rum in the United States Virgin Islands unless the Virgin Islands Board of Control of Alcoholic Beverages and the Commissioner of the Department of Licensing and Consumer Affairs find that the applicant therefor will engage in the production of rum produced from fermented juice, the first distillation of which has been or will be performed in the United States Virgin Islands. The provisions of sections 13 and 17 of this title shall otherwise apply to such licenses. The Board of Control of Alcoholic Beverages may issue regulations, with the approval of the Governor, for the efficient and effective execution of the provisions of this chapter, and the holders of licenses issued for the production of rum shall conduct their establishments in accordance with such regulations. History: Added May 27, 1960, No. 567, Sess. L. 1960, p. 71; amended Feb. 11, 1969, No. 2409, § 1, Sess. L. 1969, p. 48; June 24, 1987, No. 5265, § 707(f), Sess. L. 1987, p. 81.

No rum produced in the United States Virgin Islands shall bear a label stating that it was produced in the United States Virgin Islands unless such rum was produced from fermented juice, the first distillation of which was performed in the United States Virgin Islands. History: Added May 27, 1960, No. 567, Sess. L. 1960, p. 71.

No person shall engage in the production of rum in the United States Virgin Islands unless such rum is distilled at less than 190 degrees proof, but such proof may be reduced prior to barrelling or bottling to not less than 80 degrees proof. History: Added May 27, 1960, No. 567, Sess. L. 1960, p. 71.

Whoever violates section 102, 104, or 105 of this title, or regulations issued pursuant to section 103 of this title, shall be fined not more than $200 or imprisoned not more than one year, or both. History: Added May 27, 1960, No. 567, Sess. L. 1960, p. 71.

The Legislature finds and declares that there exists a situation characterized by price-cutting and other competitive practices in the liquor traffic in the United States Virgin Islands which has come to a point of such abuse that it is necessary to protect the public interest against dangerous economic and moral consequences. The Legislature further finds and declares that such abuses not only are injurious to the economic well-being of the Islands but also pose a real threat of the said liquor traffic being open to manipulation in a manner contrary to the public morals and welfare. The provisions of this chapter are accordingly enacted as remedial of the foregoing abuses and as necessary to protect the public morals, welfare and economic well-being. History: Added Feb. 11, 1969, No. 2409, § 2, Sess. L. 1969, p. 49.

Unless the context otherwise requires, the definitions set forth below and the definitions contained in chapter 1 of this title shall govern the construction of this chapter. "Alcoholic Beverage" includes distilled alcohol, spirits, liquor, wine and every liquid or solid containing alcohol, spirits, wine, and which contains one-half of one per centum or more of alcohol by volume, and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances; but shall not include beer wherever produced or alcoholic beverages produced or distilled in the United States Virgin Islands. "Board" means the Virgin Islands Board of Control of Alcoholic Beverages. "Importer" means any consignee of alcoholic beverages brought into the United States Virgin Islands from without the United States Virgin Islands, when the alcoholic beverages are for delivery or use within the United States Virgin Islands. "Licensee" means any person holding a license issued pursuant to chapter 1 of this title. "Producer" means any person subject to the licensing provisions of section 6 of chapter 1 of this title. "Retailer" means any person licensed to sell alcoholic beverages for off-premises consumption pursuant to section 9 of chapter 1 of this title. "Sell" or "sale" and "to sell" includes any transaction whereby, for any consideration, title to alcoholic beverages is transferred from one person to another, and includes the delivery of alcoholic beverages pursuant to an order placed for the purchase of such beverages and soliciting or receiving an order for such beverages, but does not include the return of alcoholic beverages by a licensee to the licensee from whom such beverages were purchased. History: Added Feb. 11, 1969, No. 2409, § 2, Sess. L. 1969, p. 49.

(a) No person subject to the licensing provisions of chapter 1 of this title shall ship, transport, receive, deliver, sell or offer for sale any alcoholic beverages within the United States Virgin Islands until the following information has been filed with the Board: (1) the name of the brand, trade name or other distinctive characteristic by which such alcoholic beverages are bought and sold; (2) the name and address of the brewer, distiller or manufacturer thereof; (3) the name and address of each wholesaler or importer who is authorized to sell such alcoholic beverages in the United States Virgin Islands by the brewer, distiller, manufacturer or his authorized representative and the alcoholic content, if greater than six percentum by volume; provided, however, the wholesaler or importer shall certify the alcohol content by volume for any alcoholic beverage that does not bear such information on its label; and until such brand, trade name or other distinctive characteristic has been approved by the Board. (b) No producer, importer or wholesaler shall discriminate in any manner in price discounts between one licensee and another on sales or purchases of alcoholic beverages bearing the same brand or trade name and of like age and quality, nor shall he allow in any form any discount, rebate, free goods, allowance or other inducement for making sales or purchases. (c) Each producer, importer, or wholesaler licensee shall file with the Board the bottle, can, case or other type of container wholesale price schedule of any brand of alcoholic beverages offered for sale in the United States Virgin Islands, and such wholesale price schedule shall be uniform in all Islands of the United States Virgin Islands. A price schedule when so posted shall be the controlling price for the calendar month following such filing. Notice of all producer, importer, or wholesaler licensee prices shall be published in a manner which will result in each licensee affected by such schedule being advised of the contents thereof prior to its effective date. History: Added Feb. 11, 1969, No. 2409, § 2, Sess. L. 1969, p. 49; amended Oct. 13, 1994, No. 6021, § 2(b), Sess. L. 1994, p. 214.

No contract relating to the sale or resale of any alcoholic beverage which bears, on the label or container of which bears the trademark, brand, or name of the producer or owner of the alcoholic beverage and which is in fair and open competition with alcoholic beverages of the same general class produced by others violates any law of the United States Virgin Islands by reason of either of the following provisions which may be contained in such contract: (1) That the purchaser will not resell the alcoholic beverage except at the price stipulated by the vendor. (2) That the producer or vendee of the alcoholic beverage require, upon the sale of the alcoholic beverage to another, that the purchaser agree that he will not, in turn, resell except at the price stipulated by the producer or vendee. History: Added Feb. 11, 1969, No. 2409, § 2, Sess. L. 1969, p. 49.

The provisions authorized by section 153 of this chapter in any contract imply conditions that the alcoholic beverages may be resold without reference to such contract in the following cases: (1) In closing out the owners' stock for the purpose of discontinuing delivery of any such alcoholic beverage. At the place of any such sale and upon the alcoholic beverages sold and in any advertisement in connection therewith public notice shall be given of the character of the sale as a close-out sale. The alcoholic beverage shall first be offered to the producer or vendor thereof at the original invoice price at least 10 days before it is offered for sale to the public. (2) When the alcoholic beverage or container is damaged or deteriorated in quality, and notice of this fact is given to the public at the place of any such sale and upon the goods sold and in any advertisement in connection therewith. (3) By any officer acting under orders of any court. History: Added Feb. 11, 1969, No. 2409, § 2, Sess. L. 1969, p. 49.

Action Willfully and knowingly advertising, offering for sale or selling any alcoholic beverage at less than the price stipulated in any contract entered into pursuant to this chapter, or in any effective minimum retail price schedule filed with the Board pursuant to section 156 of this chapter, whether the person so advertising, offering for sale, or selling is or is not a party to the contract, is unfair competition and is actionable at the suit of any persons damaged thereby. History: Added Feb. 11, 1969, No. 2409, § 2, Sess. L. 1969, p. 49.

(a) No container of any alcoholic beverage which bears the brand, trademark or name of the owner or person in control shall be sold at retail in the United States Virgin Islands for consumption off the licensed premises unless a minimum retail price for such container first shall have been filed with the Board in accordance with the provisions of this section. (b) A price for each such container shall be in a minimum retail price schedule setting forth with respect to each container the exact brand, trademark or name, capacity, and type of container, type of alcoholic beverage, age and proof, where stated on the label, the minimum selling price at retail in the United States Virgin Islands. No more than one person shall file a schedule for the same brand container. Any person filing such schedule shall cause such schedule to be published in a manner which will result in each retailer affected by such schedule being advised of the contents of such schedule prior to the effective date thereof. (c) Such schedule shall be filed in the following order of priority by: (1) the owner of the brand, if licensed in the United States Virgin Islands; (2) any licensee, other than a retailer, selling the brand and who is authorized in writing by the brand owner to file such schedule if the brand owner is not licensed in the United States Virgin Islands; (3) a producer licensed in the United States Virgin Islands and who bottles under the brand owned by a retailer; or (4) any licensee other than a retailer with the approval of the Board, if the owner of the brand does not file or is unable to file a schedule or authorize a licensee to file such schedule. (d) Schedules filed pursuant to this section may be amended, changed, or modified by filing such amendments, changes or modifications with the Board on or before the 15th day of any month to take effect on the first day of the following calendar month; except that price schedules filed for a brand, size or type of alcoholic beverage not included in a schedule in effect at the time such brand, size or type is filed, and price schedules filed to meet the price of a competitive brand, may be filed at any time to take effect immediately after approval of such price schedules by the Board. For the purpose of this section, a competitive brand shall mean any brand of the same type of alcoholic beverage having a filed selling price at retail within one (1.00) dollar per gallon of the brand for which a competitive price is filed. (e) The Board shall reject any price schedule which does not comply with this section. (f) A price schedule or amendment, change or modification thereof as provided for by this section shall be deemed filed when received, either by personal delivery or certified mail, at the office of the Board in St. Thomas. Upon such filing, a price schedule or amendment, change or modification thereof shall become a public record; and shall constitute constructive notice of its contents to any licensee affected thereby. History: Added Feb. 11, 1969, No. 2409, § 2, Sess. L. 1969, p. 49.

(a) No person licensed under chapter 1 of this title who is authorized to sell alcoholic beverages at retail for off-premises consumption shall sell, offer to sell, solicit an order for or advertise any alcoholic beverage at a price less than that shown on the effective minimum retail price schedule, nor shall such person allow in any form any discount, rebate, free goods, allowance or other inducement for the purpose of selling alcoholic beverages at a price less than such a schedule; unless written permission of the Board is granted for good cause shown and for reasons not inconsistent with this chapter. (b) The provisions of this section shall not apply to: (1) A close-out sale made in good faith and approved by the Board when the following conditions exist: (i) the stock of alcoholic beverages sought to be closed out has been in the United States Virgin Islands, either in the possession of the vendor who sold it to the retailer or in the possession of the retailer who seeks to close out the brand, for a period of not less than six months; (ii) the stock of alcoholic beverages to be closed out was not brought into the United States Virgin Islands for the purpose of offering it, or any part of it, at a close-out sale; (iii) at least 10 days prior to a close-out sale, a retailer has offered to return such alcoholic beverages, at his original invoice cost, to both the vendors from whom he purchased them or to his successor and to the licensee who filed the minimum price schedule under section 156 of this chapter; (iv) such offer of return was not accepted. At the place of any close-out sale and upon any container of alcoholic beverages to be sold and in any advertisement in connection therewith, public notice shall be given of the sale as a close-out sale. Following the conclusion of a close-out sale, the retailer who conducted such sale shall not sell the same brands of alcoholic beverages for a period of at least one year. (2) Sales made with the written approval of the Board when the alcoholic beverages or the container is damaged or deteriorated in quality and notice of this fact is given to the public at the place of any such sale and upon the container offered for sale and in any advertisement in connection therewith. (3) Sales made by any officer acting under the orders of any court. History: Added Feb. 11, 1969, No. 2409, § 2, Sess. L. 1969, p. 49.

The Board may adopt such regulations as it determines to be necessary for the administration of this chapter and may specifically without limitation adopt regulations pertaining to the following: (1) To prevent the circumvention of the purposes of this chapter by the offering or giving of any rebate, allowance, free goods, discount or any other thing or service of value; (2) To permit the immediate withdrawal of, addition to, deletion from or amendment to any schedule, or modification of prices therein, when not inconsistent with the purposes of this chapter, when necessary to avoid practical difficulties or unnecessary hardships to any licensee or because of acts or circumstances beyond the control of a licensee and under such terms and conditions as are necessary to carry out the purposes of this chapter; (3) To permit the sale by a retailer of a brand of alcoholic beverages for which a minimum retail price schedule has not been and cannot be filed, which is necessary to avoid practical difficulties or unnecessary hardships of any licensee or because of acts and circumstances beyond the control of a licensee and under such terms and conditions as are necessary to carry out the purpose of this chapter. History: Added Feb. 11, 1969, No. 2409, § 2, Sess. L. 1969, p. 49.

It is unlawful for any officer, salesman, agent or employee of any licensee to aid or abet in the violation of any of the provisions of this chapter or knowingly to become a party, either directly or indirectly, in any violation of any of the provisions of this chapter. History: Added Feb. 11, 1969, No. 2409, § 2, Sess. L. 1969, p. 49.

The Commissioner of the Department of Licensing and Consumer Affairs may, for any violation of this chapter or any regulation issued pursuant thereto, after public notice and adequate hearing suspend, cancel or revoke any license issued pursuant to chapter 1 of this title as follows: For a first offense, not exceeding ten days' suspension of license; for a second offense, not exceeding thirty days' suspension of license; and for a third offense, he may suspend, cancel or revoke the license. History: Added Feb. 11, 1969, No. 2409, § 2, Sess. L. 1969, p. 49; amended June 24, 1987, No. 5265, § 707(f), Sess. L. 1987, p. 81.

A person who sells or furnishes alcoholic beverages to a person of lawful drinking age does not thereby become liable for injury or damage caused by or resulting from the intoxication of such person. However, a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age, or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person. History: Added May 3, 2013, No. 7485, § 1, Sess. L. 2013, p. 13, 14.