§ 4.1-201. Conduct not prohibited by this title; limitation.
A. Nothing in this title or any Board regulation adopted pursuant theretoshall prohibit:
1. Any club licensed under this chapter from keeping for consumption by itsmembers any alcoholic beverages lawfully acquired by such members, providedthe alcoholic beverages are not sold, dispensed or given away in violation ofthis title.
2. Any person from having grain, fruit or fruit products and any othersubstance, when grown or lawfully produced by him, distilled by anydistillery licensee, and selling the distilled alcoholic beverages to theBoard or selling or shipping them to any person outside of the Commonwealthin accordance with Board regulations. However, no alcoholic beverages sodistilled shall be withdrawn from the place where distilled except inaccordance with Board regulations.
3. Any person licensed to manufacture and sell, or either, in theCommonwealth or elsewhere, alcoholic beverages other than wine or beer, fromsoliciting and taking orders from the Board for such alcoholic beverages.
4. The receipt by a person operating a licensed brewery of deliveries andshipments of beer in closed containers from other breweries owned by suchperson or the sale, delivery or shipment of such beer, in accordance withBoard regulations to (i) persons licensed to sell beer at wholesale, (ii)persons licensed to sell beer at retail for the purpose of resale only asprovided in subdivision B 4 of § 4.1-216, (iii) owners of boats registeredunder the laws of the United States sailing for ports of call of a foreigncountry or another state, and (iv) persons outside the Commonwealth forresale outside the Commonwealth.
5. The granting of any retail license to a brewery or winery licensee, or toan applicant for such license, or to a lessee of such person, a wholly ownedsubsidiary of such person, or its lessee, provided the places of business orestablishments for which the retail licenses are desired are located upon thepremises occupied or to be occupied by such winery or brewery, or uponproperty of such person contiguous to such premises, or in a developmentcontiguous to such premises owned and operated by such person or a whollyowned subsidiary.
6. The receipt by a distillery licensee of deliveries and shipments ofalcoholic beverages, other than wine and beer, in closed containers fromother distilleries, or the sale, delivery or shipment of such alcoholicbeverages, in accordance with Board regulations, to the Board and to personsoutside the Commonwealth for resale outside the Commonwealth.
7. The receipt by a farm winery or winery licensee of deliveries andshipments of wine in closed containers from other wineries or farm winerieslocated inside or outside the Commonwealth, or the receipt by a winerylicensee or farm winery licensee of deliveries and shipments of spiritsdistilled from fruit or fruit juices in closed containers from distillerieslocated inside or outside the Commonwealth to be used only for thefortification of wine produced by the licensee in accordance with Boardregulations, or the sale, delivery or shipment of such wine, in accordancewith Board regulations, to persons licensed to sell wine at wholesale for thepurpose of resale, and to persons outside the Commonwealth for resale outsidethe Commonwealth.
8. The receipt by a fruit distillery licensee of deliveries and shipments ofalcoholic beverages made from fruit or fruit juices in closed containers fromother fruit distilleries owned by such licensee, or the sale, delivery orshipment of such alcoholic beverages, in accordance with Board regulations,to persons outside of the Commonwealth for resale outside of the Commonwealth.
9. Any farm winery or winery licensee from shipping or delivering its wine inclosed containers to another farm winery or winery licensee for the purposeof additional bottling in accordance with Board regulations and the return ofthe wine so bottled to the manufacturing farm winery or winery licensee.
10. Any farm winery or winery licensee from selling and shipping ordelivering its wine in closed containers to another farm winery or winerylicensee, the wine so sold and shipped or delivered to be used by thereceiving licensee in the manufacture of wine. Any wine received under thissubsection shall be deemed an agricultural product produced in theCommonwealth for the purposes of § 4.1-219, to the extent it is produced fromfresh fruits or agricultural products grown or produced in the Commonwealth.The selling licensee shall provide to the receiving licensee, and both shallmaintain complete and accurate records of, the source of the fresh fruits oragricultural products used to produce the wine so transferred.
11. Any distiller licensed under this title from serving as an agent of theBoard for the sale of alcoholic beverages, other than beer and wine, at agovernment store established by the Board on the licensed premises of thedistiller in accordance with subsection D of § 4.1-119.
12. Any retail on-premises beer licensee, his agent or employee, from givinga sample of beer to persons to whom alcoholic beverages may be lawfully soldfor on-premises consumption, or retail on-premises wine or beer licensee, hisagent or employee, from giving a sample of wine or beer to persons to whomalcoholic beverages may be lawfully sold for on-premises consumption, or anymixed beverage licensee, his agent or employee, from giving a sample of wine,beer, or spirits to persons to whom alcoholic beverages may be lawfully soldfor on-premises consumption. Samples of wine shall not exceed two ounces,samples of beer shall not exceed four ounces, and samples of spirits shallnot exceed one-half ounce. No more than two product samples shall be given toany person per visit.
13. Any manufacturer, including any vendor authorized by any suchmanufacturer, whether or not licensed in the Commonwealth, from sellingservice items bearing alcoholic brand references to on-premises retaillicensees or prohibit any such retail licensee from displaying the serviceitems on the premises of his licensed establishment. Each such retaillicensee purchasing such service items shall retain a copy of the evidence ofhis payment to the manufacturer or authorized vendor for a period of not lessthan two years from the date of each sale of the service items. As used inthis subdivision, "service items" mean articles of tangible personalproperty normally used by the employees of on-premises retail licensees toserve alcoholic beverages to customers including, but not limited to,glasses, napkins, buckets, and coasters.
14. Any employee of an alcoholic beverage wholesaler or manufacturer, whetheror not licensed in the Commonwealth, from distributing to retail licenseesand their employees novelties and specialties, including wearing apparel,having a wholesale value of $10 or less and that bear alcoholic beverageadvertising. Such items may be distributed to retail licensees in quantitiesequal to the number of employees of the retail establishment present at thetime the items are delivered. Thereafter, such employees may wear or displaythe items on the licensed premises.
15. Any retail on-premises wine or beer licensee, his agent or employee fromoffering for sale or selling for one price to any person to whom alcoholicbeverages may be lawfully sold a flight of wines or beers consisting ofsamples of not more than five different wines or beers.
B. No deliveries or shipments of alcoholic beverages to persons outside theCommonwealth for resale outside the Commonwealth shall be made into any statethe laws of which prohibit the consignee from receiving or selling the same.
(Code 1950, § 4-89; 1954, c. 147; 1970, cc. 113, 541; 1972, cc. 75, 76; 1973,c. 413; 1975, c. 408; 1981, c. 410; 1984, c. 200; 1992, c. 349; 1993, c. 866;1995, cc. 253, 317; 1997, c. 386; 2000, c. 786; 2003, c. 630; 2004, c. 379;2006, cc. 106, 826; 2007, c. 820.)
§ 4.1-201. Conduct not prohibited by this title; limitation.
A. Nothing in this title or any Board regulation adopted pursuant theretoshall prohibit:
1. Any club licensed under this chapter from keeping for consumption by itsmembers any alcoholic beverages lawfully acquired by such members, providedthe alcoholic beverages are not sold, dispensed or given away in violation ofthis title.
2. Any person from having grain, fruit or fruit products and any othersubstance, when grown or lawfully produced by him, distilled by anydistillery licensee, and selling the distilled alcoholic beverages to theBoard or selling or shipping them to any person outside of the Commonwealthin accordance with Board regulations. However, no alcoholic beverages sodistilled shall be withdrawn from the place where distilled except inaccordance with Board regulations.
3. Any person licensed to manufacture and sell, or either, in theCommonwealth or elsewhere, alcoholic beverages other than wine or beer, fromsoliciting and taking orders from the Board for such alcoholic beverages.
4. The receipt by a person operating a licensed brewery of deliveries andshipments of beer in closed containers from other breweries owned by suchperson or the sale, delivery or shipment of such beer, in accordance withBoard regulations to (i) persons licensed to sell beer at wholesale, (ii)persons licensed to sell beer at retail for the purpose of resale only asprovided in subdivision B 4 of § 4.1-216, (iii) owners of boats registeredunder the laws of the United States sailing for ports of call of a foreigncountry or another state, and (iv) persons outside the Commonwealth forresale outside the Commonwealth.
5. The granting of any retail license to a brewery or winery licensee, or toan applicant for such license, or to a lessee of such person, a wholly ownedsubsidiary of such person, or its lessee, provided the places of business orestablishments for which the retail licenses are desired are located upon thepremises occupied or to be occupied by such winery or brewery, or uponproperty of such person contiguous to such premises, or in a developmentcontiguous to such premises owned and operated by such person or a whollyowned subsidiary.
6. The receipt by a distillery licensee of deliveries and shipments ofalcoholic beverages, other than wine and beer, in closed containers fromother distilleries, or the sale, delivery or shipment of such alcoholicbeverages, in accordance with Board regulations, to the Board and to personsoutside the Commonwealth for resale outside the Commonwealth.
7. The receipt by a farm winery or winery licensee of deliveries andshipments of wine in closed containers from other wineries or farm winerieslocated inside or outside the Commonwealth, or the receipt by a winerylicensee or farm winery licensee of deliveries and shipments of spiritsdistilled from fruit or fruit juices in closed containers from distillerieslocated inside or outside the Commonwealth to be used only for thefortification of wine produced by the licensee in accordance with Boardregulations, or the sale, delivery or shipment of such wine, in accordancewith Board regulations, to persons licensed to sell wine at wholesale for thepurpose of resale, and to persons outside the Commonwealth for resale outsidethe Commonwealth.
8. The receipt by a fruit distillery licensee of deliveries and shipments ofalcoholic beverages made from fruit or fruit juices in closed containers fromother fruit distilleries owned by such licensee, or the sale, delivery orshipment of such alcoholic beverages, in accordance with Board regulations,to persons outside of the Commonwealth for resale outside of the Commonwealth.
9. Any farm winery or winery licensee from shipping or delivering its wine inclosed containers to another farm winery or winery licensee for the purposeof additional bottling in accordance with Board regulations and the return ofthe wine so bottled to the manufacturing farm winery or winery licensee.
10. Any farm winery or winery licensee from selling and shipping ordelivering its wine in closed containers to another farm winery or winerylicensee, the wine so sold and shipped or delivered to be used by thereceiving licensee in the manufacture of wine. Any wine received under thissubsection shall be deemed an agricultural product produced in theCommonwealth for the purposes of § 4.1-219, to the extent it is produced fromfresh fruits or agricultural products grown or produced in the Commonwealth.The selling licensee shall provide to the receiving licensee, and both shallmaintain complete and accurate records of, the source of the fresh fruits oragricultural products used to produce the wine so transferred.
11. Any distiller licensed under this title from serving as an agent of theBoard for the sale of alcoholic beverages, other than beer and wine, at agovernment store established by the Board on the licensed premises of thedistiller in accordance with subsection D of § 4.1-119.
12. Any retail on-premises beer licensee, his agent or employee, from givinga sample of beer to persons to whom alcoholic beverages may be lawfully soldfor on-premises consumption, or retail on-premises wine or beer licensee, hisagent or employee, from giving a sample of wine or beer to persons to whomalcoholic beverages may be lawfully sold for on-premises consumption, or anymixed beverage licensee, his agent or employee, from giving a sample of wine,beer, or spirits to persons to whom alcoholic beverages may be lawfully soldfor on-premises consumption. Samples of wine shall not exceed two ounces,samples of beer shall not exceed four ounces, and samples of spirits shallnot exceed one-half ounce. No more than two product samples shall be given toany person per visit.
13. Any manufacturer, including any vendor authorized by any suchmanufacturer, whether or not licensed in the Commonwealth, from sellingservice items bearing alcoholic brand references to on-premises retaillicensees or prohibit any such retail licensee from displaying the serviceitems on the premises of his licensed establishment. Each such retaillicensee purchasing such service items shall retain a copy of the evidence ofhis payment to the manufacturer or authorized vendor for a period of not lessthan two years from the date of each sale of the service items. As used inthis subdivision, "service items" mean articles of tangible personalproperty normally used by the employees of on-premises retail licensees toserve alcoholic beverages to customers including, but not limited to,glasses, napkins, buckets, and coasters.
14. Any employee of an alcoholic beverage wholesaler or manufacturer, whetheror not licensed in the Commonwealth, from distributing to retail licenseesand their employees novelties and specialties, including wearing apparel,having a wholesale value of $10 or less and that bear alcoholic beverageadvertising. Such items may be distributed to retail licensees in quantitiesequal to the number of employees of the retail establishment present at thetime the items are delivered. Thereafter, such employees may wear or displaythe items on the licensed premises.
15. Any retail on-premises wine or beer licensee, his agent or employee fromoffering for sale or selling for one price to any person to whom alcoholicbeverages may be lawfully sold a flight of wines or beers consisting ofsamples of not more than five different wines or beers.
B. No deliveries or shipments of alcoholic beverages to persons outside theCommonwealth for resale outside the Commonwealth shall be made into any statethe laws of which prohibit the consignee from receiving or selling the same.
(Code 1950, § 4-89; 1954, c. 147; 1970, cc. 113, 541; 1972, cc. 75, 76; 1973,c. 413; 1975, c. 408; 1981, c. 410; 1984, c. 200; 1992, c. 349; 1993, c. 866;1995, cc. 253, 317; 1997, c. 386; 2000, c. 786; 2003, c. 630; 2004, c. 379;2006, cc. 106, 826; 2007, c. 820.)
§ 4.1-201. Conduct not prohibited by this title; limitation.
A. Nothing in this title or any Board regulation adopted pursuant theretoshall prohibit:
1. Any club licensed under this chapter from keeping for consumption by itsmembers any alcoholic beverages lawfully acquired by such members, providedthe alcoholic beverages are not sold, dispensed or given away in violation ofthis title.
2. Any person from having grain, fruit or fruit products and any othersubstance, when grown or lawfully produced by him, distilled by anydistillery licensee, and selling the distilled alcoholic beverages to theBoard or selling or shipping them to any person outside of the Commonwealthin accordance with Board regulations. However, no alcoholic beverages sodistilled shall be withdrawn from the place where distilled except inaccordance with Board regulations.
3. Any person licensed to manufacture and sell, or either, in theCommonwealth or elsewhere, alcoholic beverages other than wine or beer, fromsoliciting and taking orders from the Board for such alcoholic beverages.
4. The receipt by a person operating a licensed brewery of deliveries andshipments of beer in closed containers from other breweries owned by suchperson or the sale, delivery or shipment of such beer, in accordance withBoard regulations to (i) persons licensed to sell beer at wholesale, (ii)persons licensed to sell beer at retail for the purpose of resale only asprovided in subdivision B 4 of § 4.1-216, (iii) owners of boats registeredunder the laws of the United States sailing for ports of call of a foreigncountry or another state, and (iv) persons outside the Commonwealth forresale outside the Commonwealth.
5. The granting of any retail license to a brewery or winery licensee, or toan applicant for such license, or to a lessee of such person, a wholly ownedsubsidiary of such person, or its lessee, provided the places of business orestablishments for which the retail licenses are desired are located upon thepremises occupied or to be occupied by such winery or brewery, or uponproperty of such person contiguous to such premises, or in a developmentcontiguous to such premises owned and operated by such person or a whollyowned subsidiary.
6. The receipt by a distillery licensee of deliveries and shipments ofalcoholic beverages, other than wine and beer, in closed containers fromother distilleries, or the sale, delivery or shipment of such alcoholicbeverages, in accordance with Board regulations, to the Board and to personsoutside the Commonwealth for resale outside the Commonwealth.
7. The receipt by a farm winery or winery licensee of deliveries andshipments of wine in closed containers from other wineries or farm winerieslocated inside or outside the Commonwealth, or the receipt by a winerylicensee or farm winery licensee of deliveries and shipments of spiritsdistilled from fruit or fruit juices in closed containers from distillerieslocated inside or outside the Commonwealth to be used only for thefortification of wine produced by the licensee in accordance with Boardregulations, or the sale, delivery or shipment of such wine, in accordancewith Board regulations, to persons licensed to sell wine at wholesale for thepurpose of resale, and to persons outside the Commonwealth for resale outsidethe Commonwealth.
8. The receipt by a fruit distillery licensee of deliveries and shipments ofalcoholic beverages made from fruit or fruit juices in closed containers fromother fruit distilleries owned by such licensee, or the sale, delivery orshipment of such alcoholic beverages, in accordance with Board regulations,to persons outside of the Commonwealth for resale outside of the Commonwealth.
9. Any farm winery or winery licensee from shipping or delivering its wine inclosed containers to another farm winery or winery licensee for the purposeof additional bottling in accordance with Board regulations and the return ofthe wine so bottled to the manufacturing farm winery or winery licensee.
10. Any farm winery or winery licensee from selling and shipping ordelivering its wine in closed containers to another farm winery or winerylicensee, the wine so sold and shipped or delivered to be used by thereceiving licensee in the manufacture of wine. Any wine received under thissubsection shall be deemed an agricultural product produced in theCommonwealth for the purposes of § 4.1-219, to the extent it is produced fromfresh fruits or agricultural products grown or produced in the Commonwealth.The selling licensee shall provide to the receiving licensee, and both shallmaintain complete and accurate records of, the source of the fresh fruits oragricultural products used to produce the wine so transferred.
11. Any distiller licensed under this title from serving as an agent of theBoard for the sale of alcoholic beverages, other than beer and wine, at agovernment store established by the Board on the licensed premises of thedistiller in accordance with subsection D of § 4.1-119.
12. Any retail on-premises beer licensee, his agent or employee, from givinga sample of beer to persons to whom alcoholic beverages may be lawfully soldfor on-premises consumption, or retail on-premises wine or beer licensee, hisagent or employee, from giving a sample of wine or beer to persons to whomalcoholic beverages may be lawfully sold for on-premises consumption, or anymixed beverage licensee, his agent or employee, from giving a sample of wine,beer, or spirits to persons to whom alcoholic beverages may be lawfully soldfor on-premises consumption. Samples of wine shall not exceed two ounces,samples of beer shall not exceed four ounces, and samples of spirits shallnot exceed one-half ounce. No more than two product samples shall be given toany person per visit.
13. Any manufacturer, including any vendor authorized by any suchmanufacturer, whether or not licensed in the Commonwealth, from sellingservice items bearing alcoholic brand references to on-premises retaillicensees or prohibit any such retail licensee from displaying the serviceitems on the premises of his licensed establishment. Each such retaillicensee purchasing such service items shall retain a copy of the evidence ofhis payment to the manufacturer or authorized vendor for a period of not lessthan two years from the date of each sale of the service items. As used inthis subdivision, "service items" mean articles of tangible personalproperty normally used by the employees of on-premises retail licensees toserve alcoholic beverages to customers including, but not limited to,glasses, napkins, buckets, and coasters.
14. Any employee of an alcoholic beverage wholesaler or manufacturer, whetheror not licensed in the Commonwealth, from distributing to retail licenseesand their employees novelties and specialties, including wearing apparel,having a wholesale value of $10 or less and that bear alcoholic beverageadvertising. Such items may be distributed to retail licensees in quantitiesequal to the number of employees of the retail establishment present at thetime the items are delivered. Thereafter, such employees may wear or displaythe items on the licensed premises.
15. Any retail on-premises wine or beer licensee, his agent or employee fromoffering for sale or selling for one price to any person to whom alcoholicbeverages may be lawfully sold a flight of wines or beers consisting ofsamples of not more than five different wines or beers.
B. No deliveries or shipments of alcoholic beverages to persons outside theCommonwealth for resale outside the Commonwealth shall be made into any statethe laws of which prohibit the consignee from receiving or selling the same.
(Code 1950, § 4-89; 1954, c. 147; 1970, cc. 113, 541; 1972, cc. 75, 76; 1973,c. 413; 1975, c. 408; 1981, c. 410; 1984, c. 200; 1992, c. 349; 1993, c. 866;1995, cc. 253, 317; 1997, c. 386; 2000, c. 786; 2003, c. 630; 2004, c. 379;2006, cc. 106, 826; 2007, c. 820.)
