2006 Code of Virginia § 18.2-246.6 - Definitions

18.2-246.6. Definitions.

For purposes of this article:

"Adult" means a person who is at least the legal minimum purchasing age.

"Board" means the Virginia Alcoholic Beverage Control Board.

"Consumer" means an individual who is not permitted as a wholesalerpursuant to 58.1-1011 or who is not a retailer.

"Delivery sale" means any sale of cigarettes to a consumer in theCommonwealth regardless of whether the seller is located in the Commonwealthwhere either (i) the purchaser submits the order for such sale by means of atelephonic or other method of voice transmission, the mails or any otherdelivery service, or the Internet or other online service; or (ii) thecigarettes are delivered by use of the mails or a delivery service. A sale ofcigarettes not for personal consumption to a person who is a wholesale dealeror retail dealer, as such terms are defined in 58.1-1000, shall not be adelivery sale. A delivery of cigarettes, not through the mail or by a commoncarrier, to a consumer performed by the owner, employee or other individualacting on behalf of a retailer authorized to sell such cigarettes shall notbe a delivery sale.

"Delivery service" means any person who is engaged in the commercialdelivery of letters, packages, or other containers.

"Legal minimum purchasing age" is the minimum age at which an individualmay legally purchase cigarettes in the Commonwealth.

"Mails" or "mailing" means the shipment of cigarettes through the UnitedStates Postal Service.

"Shipping container" means a container in which cigarettes are shipped inconnection with a delivery sale.

"Shipping documents" means bills of lading, airbills, or any otherdocuments used to evidence the undertaking by a delivery service to deliverletters, packages, or other containers.

(2003, c. 1010; 2005, c. 839.)