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Jack breaks bottle ad barrier Monday, Jul. 18 by By Amanda Iacone, Virginia Statehouse News | 5 comments | Email this story 1Share A billboard depicting a whiskey ad is the first in the state hangs over I-95 south of Richmond. Such advertisements were il
Posted by: Loudoun County News ()
Date: July 19, 2011 09:33AM

Jack breaks bottle ad barrier
Monday, Jul. 18
by Amanda Iacone
Virginia Statehouse News

A billboard depicting a whiskey ad is the first in the state hangs over I-95 south of Richmond. Such advertisements were illegal until a change in law took effect this month. AI/VSN

RICHMOND — Vodka billboards, neon beer signs, even signboards with happy hour specials are not commonplace in Virginia. But, in fact, such signs have been illegal for years.

But a law change that took effect this month will ease those decades-old, some say antiquated, restrictions. And the first billboard advertising for Jack Daniels went up this month south of Richmond off Interstate 95.

More billboards advertising beer, wine or liquor are expected in the coming months even as the state’s Alcohol Beverage Control board, or ABC, works to draft regulations to implement the law.

In response to a legal settlement between the state and Lamar Advertising, the Legislature passed a new law that allows alcohol advertisements on billboards that are 500 feet from schools, churches and daycares. But the law continues previous prohibitions against outdoor advertising at restaurants, bars and grocery stores.

That means restaurants cannot hang paper signs or banners detailing specials. They still cannot announce happy hour times on pole signs or signboards. And they can’t hang neon beer logos in the windows, said Tom Lisk, who lobbies for the Virginia Hospitality and Travel Association, which promotes the interests of restaurant, lodging, travel and hospitality suppliers associations, according to its website.

The settlement between the state’s attorney general and Lamar would have eliminated those bans and given restaurants and grocery stores the flexibility to provide signs that would help consumers, Lisk said.

Under today’s laws, restaurants can’t advertise drink specials on their websites or Facebook pages. Although the state doesn’t have the resources to patrol those sites and pages, competitors often will turn in a restaurant owner for violating the rules, Lisk said.

To sell liquor by the drink, establishments also must sell food and it’s often said the state has no bars because of that rule. And until the 1980s, taverns could not use the word “ale” in their names, he said.

“That’s how antiquated this stuff is,” he said. “You’d be amazed how many of our liquor laws have not changed since the repeal of Prohibition.”

Lisk said legislators respond to socially conservative constituents’ concerns, and they don’t want to be smeared in political campaigns for expanding access to alcohol.

Del. Glenn Oder, (R-Newport News), drafted the legislation this session. He said lawmakers kept the prohibitions on outdoor banners and other displays based on responses from constituents during the debate whether the state should sell ABC stores to private retailers.

Virginians said loud and clear that they did not want their state to look like Maryland and Washington, D.C., which allow signs and liquor advertisements to pepper storefronts and landscapes alike, Oder said.

The settlement with Lamar effectively would have allowed that proliferation of advertising to happen here, he said.

Lamar’s lawsuit focused on billboard advertising and so legislators had to provide flexibility in the law for that type of advertising, Oder said.

“We reinstated all of the regulations that ABC had discarded and then we put in very limited and strict provisions for outdoor advertising,” Oder said. “At the end of the day, I wish that ABC would hurry up and get their regulations passed.”

The state should have draft regulations available for public review this fall, said Kathleen Shaw, a spokeswoman for the ABC.

And the state’s wine industry and billboard companies are watching closely to see what those regulations say.

Some of the state’s wineries and vineyards may be interested in billboard advertising. But for now, they are going to wait to see what those regulations might say before they buy any ad space, said Patrick Cushing, who represents the Virginia Wine Council, a nonprofit that advocates for the wine industry.

Billboard companies — about 10 belong to the Outdoor Advertisers Association of Virginia — are taking advantage of the changes and intend to comply with the law, said Chip Dicks, who represents the billboard association.

“There is a lack of clarity about how things would be implemented,” Dicks said. “All the billboard companies want is responsible implementation of the law.”

The billboards must be 500 feet away from schools, residential property and churches. But the companies want to know how the ABC will measure that, either from property line to property line or door step to billboard.

He said he wants to know if roads, like interstates, would count in that measurement.

And they want to know if ABC will enforce the regulations or the Virginia Department of Transportation, which now regulates billboards, Dicks said.

The companies also are waiting to find out if ABC will require a permit to post the alcohol ads. He said permits open the door to allow the state to approve the sign based on content and not whether it complies with the location requirements.

On a practical level, advanced approval would be costly and tie up ABC officials and is not good governance, Dicks said.

“The idea was to create something clear, so you don’t have to get permits every time you want to switch ads,” he said.

But despite the restrictions in place, some legislators still are concerned about the impact on young adults especially.

Colleges and universities have enough problems with binge drinking, and allowing alcohol ads on billboards will only add to the temptation, said Del. Bob Marshall, (R-south-central Loudoun.)

The limitations on alcohol still serve a purpose and he said the legislation sets a precedent that could loosen restrictions on alcohol advertisements in general.

“Are there going to be ads in college newspapers for hard liquor and vodka?” Marshall said.

A billboard depicting a whiskey ad is the first in the state hangs over I-95 south of Richmond. Such advertisements were illegal until a change in law took effect this month. AI/VSN
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