2006 Code of Virginia § 4.1-112.1 - Direct shipments of beer and wine authorized; regulations of the Board

4.1-112.1. Direct shipments of beer and wine authorized; regulations of theBoard.

A. Holders of wine shippers' licenses and beer shippers' licenses issuedpursuant to this section may sell and ship not more than two cases of wineper month nor more than two cases of beer per month to any person in Virginiato whom alcoholic beverages may be lawfully sold. All such sales andshipments must be for personal consumption only and not for resale. A case ofwine shall mean any combination of packages containing not more than nineliters of wine. A case of beer shall mean any combination of packagescontaining not more than 288 ounces of beer. Any winery or farm winerylocated within or outside the Commonwealth may apply to the Board forissuance of a wine shipper's license that shall authorize the shipment ofbrands of wine and farm wine identified in such application. Any brewerylocated within or outside the Commonwealth may apply to the Board forissuance of a beer shipper's license that shall authorize the shipment ofbrands of beer identified in such application. Any person located within oroutside the Commonwealth who is authorized to sell wine or beer at retail intheir state of domicile and who is not a winery, farm winery, or brewery maynevertheless apply for a wine or beer shipper's license, or both, if suchperson satisfies the requirements of subsection B. Any brewery, winery orfarm winery that applies for a shipper's license or authorizes any otherperson, other than a retail off-premises licensee, to apply for a license toship such brewery's, winery's or farm winery's brands of wine or beer shallnotify any wholesale licensees that have been authorized to distribute suchbrands that an application has been filed for a shipper's license. The noticeshall be in writing and in a form prescribed by the Board. The Board mayadopt such regulations as it reasonably deems necessary to implement theprovisions of this section, including regulations that permit the holder of ashipper's license to amend the same by, among other things, adding ordeleting any brands of wine, farm wine, or beer identified in such shipper'slicense.

B. Any applicant for a wine or beer shipper's license that does not own orhave the right to control the distribution of the brands of wine, farm wine,or beer identified in such person's application may be issued a shipper'slicense for wine or beer or both, if the applicant has obtained and filedwith its application for a shipper's license, and with any subsequentapplication for renewal thereof, the written consent of the winery, farmwinery, or brewery whose brands of wine, farm wine, or beer are identifiedtherein. Any winery, farm winery, or brewery that has provided writtenauthorization to a shipper licensed pursuant to this section to sell and shipits brand or brands of wine, farm wine, or beer shall not be restricted byany provision of this section from withdrawing such authorization at anytime. If such authorization is withdrawn, the winery, farm winery, or breweryshall promptly notify such shipper licensee and the Board in writing of itsdecision to withdraw from such shipper licensee the authority to sell andship any of its brands, whereupon such shipper licensee shall promptly filewith the Board an amendment to its license eliminating any such withdrawnbrand or brands from the shipper's license.

C. The direct shipment of beer and wine by holders of licenses issuedpursuant to this section shall be by approved common carrier only. The Boardshall develop regulations pursuant to which common carriers may apply forapproval to provide common carriage of wine or beer, or both, shipped byholders of licenses issued pursuant to this section. Such regulations shallinclude provisions that require (i) the recipient to demonstrate, upondelivery, that he is at least 21 years of age; (ii) the recipient to sign anelectronic or paper form or other acknowledgement of receipt as approved bythe Board; and (iii) the Board-approved common carrier to submit to the Boardsuch information as the Board may prescribe. The Board-approved commoncarrier shall refuse delivery when the proposed recipient appears to be underthe age of 21 years and refuses to present valid identification. Alllicensees shipping wine or beer pursuant to this section shall affix aconspicuous notice in 16-point type or larger to the outside of each packageof wine or beer shipped within or into the Commonwealth, in a conspicuouslocation stating: "CONTAINS ALCOHOLIC BEVERAGES; SIGNATURE OF PERSON AGED 21YEARS OR OLDER REQUIRED FOR DELIVERY." Any delivery of alcoholic beveragesto a minor by a common carrier shall constitute a violation by the commoncarrier. The common carrier and the shipper licensee shall be liable only fortheir independent acts.

D. For purposes of 4.1-234 and 4.1-236 and Chapter 6 ( 58.1-600 et seq.)of Title 58.1, each shipment of wine or beer by a wine shipper licensee or abeer shipper licensee shall constitute a sale in Virginia. The licensee shallcollect the taxes due to the Commonwealth and remit any excise taxes monthlyto the Department of Alcoholic Beverage Control and any sales taxes to theDepartment of Taxation.

(2003, cc. 1029, 1030; 2006, c. 845.)