§ 4.1-209.1. Direct shipment of wine and beer; shipper's license.
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 shall be for personal consumption only and not for resale. A caseof wine 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 this section. 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 either (i) thewinery, farm winery, or brewery whose brands of wine, farm wine, or beer areidentified therein or (ii) any wholesale distributor authorized to distributethe wine or beer produced by the winery, farm winery or brewery. Any winery,farm winery, or brewery, or its wholesale distributor, that has providedwritten authorization to a shipper licensed pursuant to this section to selland ship its brand or brands of wine, farm wine, or beer shall not berestricted by any provision of this section from withdrawing suchauthorization at any time. If such authorization is withdrawn, the winery,farm winery, or brewery shall promptly notify such shipper licensee and theBoard in writing of its decision to withdraw from such shipper licensee theauthority to sell and ship any of its brands, whereupon such shipper licenseeshall promptly file with the Board an amendment to its license eliminatingany such withdrawn brand 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.
E. Notwithstanding the provisions of § 4.1-203, the holder of a wine shipperlicense or beer shipper license may solicit and receive applications forsubscription to a wine-of-the-month or beer-of-the-month club at in-state orout-of-state locations for which a license for on-premises consumption hasbeen issued, other than the place where the licensee carries on the businessfor which the license is granted. For the purposes of this subsection,"wine-of-the-month club" or "beer-of-the-month club" shall mean anagreement between an in-state or out-of-state holder of a wine shipperlicense or beer shipper license and a consumer in Virginia to whom alcoholicbeverages may be lawfully sold that the shipper will sell and ship to theconsumer and the consumer will purchase a lawful amount of wine or beer eachmonth for an agreed term of months.
F. Notwithstanding the provisions of § 4.1-203, a wine or beer shipperlicensee may ship wine or beer as authorized by this section through the useof the services of an approved fulfillment warehouse. For the purposes ofthis section, a "fulfillment warehouse" means a business operating awarehouse and providing storage, packaging, and shipping services to wineriesor breweries. The Board shall develop regulations pursuant to whichfulfillment warehouses may apply for approval to provide storage, packaging,and shipping services to holders of licenses issued pursuant to this section.Such regulations shall include provisions that require (i) the fulfillmentwarehouse to demonstrate that it is appropriately licensed for the servicesto be provided by the state in which its place of business is located, (ii)the Board-approved fulfillment warehouse to maintain such records and tosubmit to the Board such information as the Board may prescribe, and (iii)the fulfillment warehouse and each wine or beer shipper licensed under thissection to whom services are provided to enter into a contract designatingthe fulfillment warehouse as the agent of the shipper for purposes ofcomplying with the provisions of this section.
G. Notwithstanding the provisions of § 4.1-203, a wine or beer shipperlicensee may sell wine or beer as authorized by this section through the useof the services of an approved marketing portal. For the purposes of thissection, a "marketing portal" means a business organized as an agriculturalcooperative association under the laws of a state, soliciting and receivingorders for wine or beer and accepting and processing payment of such ordersas the agent of a licensed wine or beer shipper. The Board shall developregulations pursuant to which marketing portals may apply for approval toprovide marketing services to holders of licenses issued pursuant to thissection. Such regulations shall include provisions that require (i) themarketing portal to demonstrate that it is appropriately organized as anagricultural cooperative association and licensed for the services to beprovided by the state in which its place of business is located, (ii) theBoard-approved marketing portal to maintain such records and to submit to theBoard such information as the Board may prescribe, and (iii) the marketingportal and each wine or beer shipper licensed under this section to whomservices are provided to enter into a contract designating the marketingportal as the agent of the shipper for purposes of complying with theprovisions of this section.
(2007, cc. 99, 799; 2009, c. 292; 2010, cc. 317, 561.)
§ 4.1-209.1. Direct shipment of wine and beer; shipper's license.
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 shall be for personal consumption only and not for resale. A caseof wine 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 this section. 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 either (i) thewinery, farm winery, or brewery whose brands of wine, farm wine, or beer areidentified therein or (ii) any wholesale distributor authorized to distributethe wine or beer produced by the winery, farm winery or brewery. Any winery,farm winery, or brewery, or its wholesale distributor, that has providedwritten authorization to a shipper licensed pursuant to this section to selland ship its brand or brands of wine, farm wine, or beer shall not berestricted by any provision of this section from withdrawing suchauthorization at any time. If such authorization is withdrawn, the winery,farm winery, or brewery shall promptly notify such shipper licensee and theBoard in writing of its decision to withdraw from such shipper licensee theauthority to sell and ship any of its brands, whereupon such shipper licenseeshall promptly file with the Board an amendment to its license eliminatingany such withdrawn brand 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.
E. Notwithstanding the provisions of § 4.1-203, the holder of a wine shipperlicense or beer shipper license may solicit and receive applications forsubscription to a wine-of-the-month or beer-of-the-month club at in-state orout-of-state locations for which a license for on-premises consumption hasbeen issued, other than the place where the licensee carries on the businessfor which the license is granted. For the purposes of this subsection,"wine-of-the-month club" or "beer-of-the-month club" shall mean anagreement between an in-state or out-of-state holder of a wine shipperlicense or beer shipper license and a consumer in Virginia to whom alcoholicbeverages may be lawfully sold that the shipper will sell and ship to theconsumer and the consumer will purchase a lawful amount of wine or beer eachmonth for an agreed term of months.
F. Notwithstanding the provisions of § 4.1-203, a wine or beer shipperlicensee may ship wine or beer as authorized by this section through the useof the services of an approved fulfillment warehouse. For the purposes ofthis section, a "fulfillment warehouse" means a business operating awarehouse and providing storage, packaging, and shipping services to wineriesor breweries. The Board shall develop regulations pursuant to whichfulfillment warehouses may apply for approval to provide storage, packaging,and shipping services to holders of licenses issued pursuant to this section.Such regulations shall include provisions that require (i) the fulfillmentwarehouse to demonstrate that it is appropriately licensed for the servicesto be provided by the state in which its place of business is located, (ii)the Board-approved fulfillment warehouse to maintain such records and tosubmit to the Board such information as the Board may prescribe, and (iii)the fulfillment warehouse and each wine or beer shipper licensed under thissection to whom services are provided to enter into a contract designatingthe fulfillment warehouse as the agent of the shipper for purposes ofcomplying with the provisions of this section.
G. Notwithstanding the provisions of § 4.1-203, a wine or beer shipperlicensee may sell wine or beer as authorized by this section through the useof the services of an approved marketing portal. For the purposes of thissection, a "marketing portal" means a business organized as an agriculturalcooperative association under the laws of a state, soliciting and receivingorders for wine or beer and accepting and processing payment of such ordersas the agent of a licensed wine or beer shipper. The Board shall developregulations pursuant to which marketing portals may apply for approval toprovide marketing services to holders of licenses issued pursuant to thissection. Such regulations shall include provisions that require (i) themarketing portal to demonstrate that it is appropriately organized as anagricultural cooperative association and licensed for the services to beprovided by the state in which its place of business is located, (ii) theBoard-approved marketing portal to maintain such records and to submit to theBoard such information as the Board may prescribe, and (iii) the marketingportal and each wine or beer shipper licensed under this section to whomservices are provided to enter into a contract designating the marketingportal as the agent of the shipper for purposes of complying with theprovisions of this section.
(2007, cc. 99, 799; 2009, c. 292; 2010, cc. 317, 561.)
§ 4.1-209.1. Direct shipment of wine and beer; shipper's license.
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 shall be for personal consumption only and not for resale. A caseof wine 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 this section. 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 either (i) thewinery, farm winery, or brewery whose brands of wine, farm wine, or beer areidentified therein or (ii) any wholesale distributor authorized to distributethe wine or beer produced by the winery, farm winery or brewery. Any winery,farm winery, or brewery, or its wholesale distributor, that has providedwritten authorization to a shipper licensed pursuant to this section to selland ship its brand or brands of wine, farm wine, or beer shall not berestricted by any provision of this section from withdrawing suchauthorization at any time. If such authorization is withdrawn, the winery,farm winery, or brewery shall promptly notify such shipper licensee and theBoard in writing of its decision to withdraw from such shipper licensee theauthority to sell and ship any of its brands, whereupon such shipper licenseeshall promptly file with the Board an amendment to its license eliminatingany such withdrawn brand 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.
E. Notwithstanding the provisions of § 4.1-203, the holder of a wine shipperlicense or beer shipper license may solicit and receive applications forsubscription to a wine-of-the-month or beer-of-the-month club at in-state orout-of-state locations for which a license for on-premises consumption hasbeen issued, other than the place where the licensee carries on the businessfor which the license is granted. For the purposes of this subsection,"wine-of-the-month club" or "beer-of-the-month club" shall mean anagreement between an in-state or out-of-state holder of a wine shipperlicense or beer shipper license and a consumer in Virginia to whom alcoholicbeverages may be lawfully sold that the shipper will sell and ship to theconsumer and the consumer will purchase a lawful amount of wine or beer eachmonth for an agreed term of months.
F. Notwithstanding the provisions of § 4.1-203, a wine or beer shipperlicensee may ship wine or beer as authorized by this section through the useof the services of an approved fulfillment warehouse. For the purposes ofthis section, a "fulfillment warehouse" means a business operating awarehouse and providing storage, packaging, and shipping services to wineriesor breweries. The Board shall develop regulations pursuant to whichfulfillment warehouses may apply for approval to provide storage, packaging,and shipping services to holders of licenses issued pursuant to this section.Such regulations shall include provisions that require (i) the fulfillmentwarehouse to demonstrate that it is appropriately licensed for the servicesto be provided by the state in which its place of business is located, (ii)the Board-approved fulfillment warehouse to maintain such records and tosubmit to the Board such information as the Board may prescribe, and (iii)the fulfillment warehouse and each wine or beer shipper licensed under thissection to whom services are provided to enter into a contract designatingthe fulfillment warehouse as the agent of the shipper for purposes ofcomplying with the provisions of this section.
G. Notwithstanding the provisions of § 4.1-203, a wine or beer shipperlicensee may sell wine or beer as authorized by this section through the useof the services of an approved marketing portal. For the purposes of thissection, a "marketing portal" means a business organized as an agriculturalcooperative association under the laws of a state, soliciting and receivingorders for wine or beer and accepting and processing payment of such ordersas the agent of a licensed wine or beer shipper. The Board shall developregulations pursuant to which marketing portals may apply for approval toprovide marketing services to holders of licenses issued pursuant to thissection. Such regulations shall include provisions that require (i) themarketing portal to demonstrate that it is appropriately organized as anagricultural cooperative association and licensed for the services to beprovided by the state in which its place of business is located, (ii) theBoard-approved marketing portal to maintain such records and to submit to theBoard such information as the Board may prescribe, and (iii) the marketingportal and each wine or beer shipper licensed under this section to whomservices are provided to enter into a contract designating the marketingportal as the agent of the shipper for purposes of complying with theprovisions of this section.
(2007, cc. 99, 799; 2009, c. 292; 2010, cc. 317, 561.)
