A. The Board may grant the following permits which shall authorize:
1. Wine and beer salesmen representing any out-of-state wholesaler engaged inthe sale of wine and beer, or either, to sell or solicit the sale of wine orbeer, or both in the Commonwealth.
2. Any person having any interest in the manufacture, distribution or sale ofspirits or other alcoholic beverages to solicit any mixed beverage licensee,his agent, employee or any person connected with the licensee in any capacityin his licensed business to sell or offer for sale such spirits or alcoholicbeverages.
3. Any person to keep upon his premises alcoholic beverages which he is notauthorized by any license to sell and which shall be used for culinarypurposes only.
4. Any person to transport lawfully purchased alcoholic beverages within,into or through the Commonwealth, except that no permit shall be required forany person shipping or transporting into the Commonwealth a reasonablequantity of alcoholic beverages when such person is relocating his place ofresidence to the Commonwealth in accordance with § 4.1-310.
5. Any person to keep, store or possess any still or distilling apparatus.
6. The release of alcoholic beverages not under United States custom bonds orinternal revenue bonds stored in Board approved warehouses for delivery tothe Board or to persons entitled to receive them within or outside of theCommonwealth.
7. The release of alcoholic beverages from United States customs bondedwarehouses for delivery to the Board or to licensees and other personsenumerated in subsection B of § 4.1-131.
8. The release of alcoholic beverages from United States internal revenuebonded warehouses for delivery in accordance with subsection C of § 4.1-132.
9. A secured party or any trustee, curator, committee, conservator, receiveror other fiduciary appointed or qualified in any court proceeding, tocontinue to operate under the licenses previously issued to any deceased orother person licensed to sell alcoholic beverages for such period as theBoard deems appropriate.
10. The one-time sale of lawfully acquired alcoholic beverages belonging toany person, or which may be a part of such person's estate, including ajudicial sale, estate sale, sale to enforce a judgment lien or liquidationsale to satisfy indebtedness secured by a security interest in alcoholicbeverages, by a sheriff, personal representative, receiver or other officeracting under authority of a court having jurisdiction in the Commonwealth, orby any secured party as defined in subdivision (a) (72) of § 8.9A-102 of theVirginia Uniform Commercial Code. Such sales shall be made only to personswho are licensed or hold a permit to sell alcoholic beverages in theCommonwealth or to persons outside the Commonwealth for resale outside theCommonwealth and upon such conditions or restrictions as the Board mayprescribe.
11. Any person who purchases at a foreclosure, secured creditor's or judicialauction sale the premises or property of a person licensed by the Board andwho has become lawfully entitled to the possession of the licensed premisesto continue to operate the establishment to the same extent as a personholding such licenses for a period not to exceed 60 days or for such longerperiod as determined by the Board. Such permit shall be temporary and shallconfer the privileges of any licenses held by the previous owner to theextent determined by the Board. Such temporary permit may be issued inadvance, conditioned on the above requirements.
12. The sale of wine and beer in kegs by any person licensed to sell wine orbeer, or both, at retail for off-premises consumption.
13. The storage of lawfully acquired alcoholic beverages not under customsbond or internal revenue bond in warehouses located in the Commonwealth.
14. The storage of wine by a licensed winery or farm winery under internalrevenue bond in warehouses located in the Commonwealth.
15. Any person to conduct tastings in accordance with § 4.1-201.1, providedthat such person has filed an application for a permit in which the applicantrepresents (i) that he or she is under contract to conduct such tastings onbehalf of the alcoholic beverage manufacturer or wholesaler named in theapplication; (ii) that such contract grants to the applicant the authority toact as the authorized representative of such manufacturer or wholesaler; and(iii) that such contract contains an acknowledgment that the manufacturer orwholesaler named in the application may be held liable for any violation of §4.1-201.1 by its authorized representative. A permit issued pursuant to thissubdivision shall be valid for at least one year, unless sooner suspended orrevoked by the Board in accordance with § 4.1-229.
16. Any person who, through contract, lease, concession, license, managementor similar agreement (hereinafter referred to as the contract), becomeslawfully entitled to the use and control of the premises of a person licensedby the Board to continue to operate the establishment to the same extent as aperson holding such licenses, provided such person has made application tothe Board for a license at the same premises. The permit shall (i) confer theprivileges of any licenses held by the previous owner to the extentdetermined by the Board and (ii) be valid for a period of 120 days or forsuch longer period as may be necessary as determined by the Board pending thecompletion of the processing of the permittee's license application. Nopermit shall be issued without the written consent of the previous licensee.No permit shall be issued under the provisions of this subdivision if theprevious licensee owes any state or local taxes, or has any pending chargesfor violation of this title or any Board regulation, unless the permitteeagrees to assume the liability of the previous licensee for the taxes or anypenalty for the pending charges. An application for a permit may be filedprior to the effective date of the contract, in which case the permit whenissued shall become effective on the effective date of the contract. Upon theeffective date of the permit, (a) the permittee shall be responsible forcompliance with the provisions of this title and any Board regulation and (b)the previous licensee shall not be held liable for any violation of thistitle or any Board regulation committed by, or any errors or omissions of,the permittee.
B. Nothing in subdivision 9, 10, or 11 shall authorize any brewery, winery oraffiliate or a subsidiary thereof which has supplied financing to a wholesalelicensee to manage and operate the wholesale licensee in the event of adefault, except to the extent authorized by subdivision B 3 a of § 4.1-216.
(Code 1950, §§ 4-26, 4-59, 4-61.2, 4-72, 4-77, 4-86; 1950, p. 879; 1954, cc.21, 351; 1962, c. 200, § 4-84.1; 1968, c. 7, § 4-98.16; 1972, cc. 138, 717;1974, c. 460, § 4-72.1; 1975, c. 480; 1976, c. 696; 1978, c. 436; 1984, c.53; 1986, c. 190; 1988, c. 786; 1990, cc. 442, 773; 1993, cc. 221, 866; 1994,cc. 825, 826; 1997, c. 801; 2003, c. 564; 2006, c. 826; 2008, c. 453.)
A. The Board may grant the following permits which shall authorize:
1. Wine and beer salesmen representing any out-of-state wholesaler engaged inthe sale of wine and beer, or either, to sell or solicit the sale of wine orbeer, or both in the Commonwealth.
2. Any person having any interest in the manufacture, distribution or sale ofspirits or other alcoholic beverages to solicit any mixed beverage licensee,his agent, employee or any person connected with the licensee in any capacityin his licensed business to sell or offer for sale such spirits or alcoholicbeverages.
3. Any person to keep upon his premises alcoholic beverages which he is notauthorized by any license to sell and which shall be used for culinarypurposes only.
4. Any person to transport lawfully purchased alcoholic beverages within,into or through the Commonwealth, except that no permit shall be required forany person shipping or transporting into the Commonwealth a reasonablequantity of alcoholic beverages when such person is relocating his place ofresidence to the Commonwealth in accordance with § 4.1-310.
5. Any person to keep, store or possess any still or distilling apparatus.
6. The release of alcoholic beverages not under United States custom bonds orinternal revenue bonds stored in Board approved warehouses for delivery tothe Board or to persons entitled to receive them within or outside of theCommonwealth.
7. The release of alcoholic beverages from United States customs bondedwarehouses for delivery to the Board or to licensees and other personsenumerated in subsection B of § 4.1-131.
8. The release of alcoholic beverages from United States internal revenuebonded warehouses for delivery in accordance with subsection C of § 4.1-132.
9. A secured party or any trustee, curator, committee, conservator, receiveror other fiduciary appointed or qualified in any court proceeding, tocontinue to operate under the licenses previously issued to any deceased orother person licensed to sell alcoholic beverages for such period as theBoard deems appropriate.
10. The one-time sale of lawfully acquired alcoholic beverages belonging toany person, or which may be a part of such person's estate, including ajudicial sale, estate sale, sale to enforce a judgment lien or liquidationsale to satisfy indebtedness secured by a security interest in alcoholicbeverages, by a sheriff, personal representative, receiver or other officeracting under authority of a court having jurisdiction in the Commonwealth, orby any secured party as defined in subdivision (a) (72) of § 8.9A-102 of theVirginia Uniform Commercial Code. Such sales shall be made only to personswho are licensed or hold a permit to sell alcoholic beverages in theCommonwealth or to persons outside the Commonwealth for resale outside theCommonwealth and upon such conditions or restrictions as the Board mayprescribe.
11. Any person who purchases at a foreclosure, secured creditor's or judicialauction sale the premises or property of a person licensed by the Board andwho has become lawfully entitled to the possession of the licensed premisesto continue to operate the establishment to the same extent as a personholding such licenses for a period not to exceed 60 days or for such longerperiod as determined by the Board. Such permit shall be temporary and shallconfer the privileges of any licenses held by the previous owner to theextent determined by the Board. Such temporary permit may be issued inadvance, conditioned on the above requirements.
12. The sale of wine and beer in kegs by any person licensed to sell wine orbeer, or both, at retail for off-premises consumption.
13. The storage of lawfully acquired alcoholic beverages not under customsbond or internal revenue bond in warehouses located in the Commonwealth.
14. The storage of wine by a licensed winery or farm winery under internalrevenue bond in warehouses located in the Commonwealth.
15. Any person to conduct tastings in accordance with § 4.1-201.1, providedthat such person has filed an application for a permit in which the applicantrepresents (i) that he or she is under contract to conduct such tastings onbehalf of the alcoholic beverage manufacturer or wholesaler named in theapplication; (ii) that such contract grants to the applicant the authority toact as the authorized representative of such manufacturer or wholesaler; and(iii) that such contract contains an acknowledgment that the manufacturer orwholesaler named in the application may be held liable for any violation of §4.1-201.1 by its authorized representative. A permit issued pursuant to thissubdivision shall be valid for at least one year, unless sooner suspended orrevoked by the Board in accordance with § 4.1-229.
16. Any person who, through contract, lease, concession, license, managementor similar agreement (hereinafter referred to as the contract), becomeslawfully entitled to the use and control of the premises of a person licensedby the Board to continue to operate the establishment to the same extent as aperson holding such licenses, provided such person has made application tothe Board for a license at the same premises. The permit shall (i) confer theprivileges of any licenses held by the previous owner to the extentdetermined by the Board and (ii) be valid for a period of 120 days or forsuch longer period as may be necessary as determined by the Board pending thecompletion of the processing of the permittee's license application. Nopermit shall be issued without the written consent of the previous licensee.No permit shall be issued under the provisions of this subdivision if theprevious licensee owes any state or local taxes, or has any pending chargesfor violation of this title or any Board regulation, unless the permitteeagrees to assume the liability of the previous licensee for the taxes or anypenalty for the pending charges. An application for a permit may be filedprior to the effective date of the contract, in which case the permit whenissued shall become effective on the effective date of the contract. Upon theeffective date of the permit, (a) the permittee shall be responsible forcompliance with the provisions of this title and any Board regulation and (b)the previous licensee shall not be held liable for any violation of thistitle or any Board regulation committed by, or any errors or omissions of,the permittee.
B. Nothing in subdivision 9, 10, or 11 shall authorize any brewery, winery oraffiliate or a subsidiary thereof which has supplied financing to a wholesalelicensee to manage and operate the wholesale licensee in the event of adefault, except to the extent authorized by subdivision B 3 a of § 4.1-216.
(Code 1950, §§ 4-26, 4-59, 4-61.2, 4-72, 4-77, 4-86; 1950, p. 879; 1954, cc.21, 351; 1962, c. 200, § 4-84.1; 1968, c. 7, § 4-98.16; 1972, cc. 138, 717;1974, c. 460, § 4-72.1; 1975, c. 480; 1976, c. 696; 1978, c. 436; 1984, c.53; 1986, c. 190; 1988, c. 786; 1990, cc. 442, 773; 1993, cc. 221, 866; 1994,cc. 825, 826; 1997, c. 801; 2003, c. 564; 2006, c. 826; 2008, c. 453.)
A. The Board may grant the following permits which shall authorize:
1. Wine and beer salesmen representing any out-of-state wholesaler engaged inthe sale of wine and beer, or either, to sell or solicit the sale of wine orbeer, or both in the Commonwealth.
2. Any person having any interest in the manufacture, distribution or sale ofspirits or other alcoholic beverages to solicit any mixed beverage licensee,his agent, employee or any person connected with the licensee in any capacityin his licensed business to sell or offer for sale such spirits or alcoholicbeverages.
3. Any person to keep upon his premises alcoholic beverages which he is notauthorized by any license to sell and which shall be used for culinarypurposes only.
4. Any person to transport lawfully purchased alcoholic beverages within,into or through the Commonwealth, except that no permit shall be required forany person shipping or transporting into the Commonwealth a reasonablequantity of alcoholic beverages when such person is relocating his place ofresidence to the Commonwealth in accordance with § 4.1-310.
5. Any person to keep, store or possess any still or distilling apparatus.
6. The release of alcoholic beverages not under United States custom bonds orinternal revenue bonds stored in Board approved warehouses for delivery tothe Board or to persons entitled to receive them within or outside of theCommonwealth.
7. The release of alcoholic beverages from United States customs bondedwarehouses for delivery to the Board or to licensees and other personsenumerated in subsection B of § 4.1-131.
8. The release of alcoholic beverages from United States internal revenuebonded warehouses for delivery in accordance with subsection C of § 4.1-132.
9. A secured party or any trustee, curator, committee, conservator, receiveror other fiduciary appointed or qualified in any court proceeding, tocontinue to operate under the licenses previously issued to any deceased orother person licensed to sell alcoholic beverages for such period as theBoard deems appropriate.
10. The one-time sale of lawfully acquired alcoholic beverages belonging toany person, or which may be a part of such person's estate, including ajudicial sale, estate sale, sale to enforce a judgment lien or liquidationsale to satisfy indebtedness secured by a security interest in alcoholicbeverages, by a sheriff, personal representative, receiver or other officeracting under authority of a court having jurisdiction in the Commonwealth, orby any secured party as defined in subdivision (a) (72) of § 8.9A-102 of theVirginia Uniform Commercial Code. Such sales shall be made only to personswho are licensed or hold a permit to sell alcoholic beverages in theCommonwealth or to persons outside the Commonwealth for resale outside theCommonwealth and upon such conditions or restrictions as the Board mayprescribe.
11. Any person who purchases at a foreclosure, secured creditor's or judicialauction sale the premises or property of a person licensed by the Board andwho has become lawfully entitled to the possession of the licensed premisesto continue to operate the establishment to the same extent as a personholding such licenses for a period not to exceed 60 days or for such longerperiod as determined by the Board. Such permit shall be temporary and shallconfer the privileges of any licenses held by the previous owner to theextent determined by the Board. Such temporary permit may be issued inadvance, conditioned on the above requirements.
12. The sale of wine and beer in kegs by any person licensed to sell wine orbeer, or both, at retail for off-premises consumption.
13. The storage of lawfully acquired alcoholic beverages not under customsbond or internal revenue bond in warehouses located in the Commonwealth.
14. The storage of wine by a licensed winery or farm winery under internalrevenue bond in warehouses located in the Commonwealth.
15. Any person to conduct tastings in accordance with § 4.1-201.1, providedthat such person has filed an application for a permit in which the applicantrepresents (i) that he or she is under contract to conduct such tastings onbehalf of the alcoholic beverage manufacturer or wholesaler named in theapplication; (ii) that such contract grants to the applicant the authority toact as the authorized representative of such manufacturer or wholesaler; and(iii) that such contract contains an acknowledgment that the manufacturer orwholesaler named in the application may be held liable for any violation of §4.1-201.1 by its authorized representative. A permit issued pursuant to thissubdivision shall be valid for at least one year, unless sooner suspended orrevoked by the Board in accordance with § 4.1-229.
16. Any person who, through contract, lease, concession, license, managementor similar agreement (hereinafter referred to as the contract), becomeslawfully entitled to the use and control of the premises of a person licensedby the Board to continue to operate the establishment to the same extent as aperson holding such licenses, provided such person has made application tothe Board for a license at the same premises. The permit shall (i) confer theprivileges of any licenses held by the previous owner to the extentdetermined by the Board and (ii) be valid for a period of 120 days or forsuch longer period as may be necessary as determined by the Board pending thecompletion of the processing of the permittee's license application. Nopermit shall be issued without the written consent of the previous licensee.No permit shall be issued under the provisions of this subdivision if theprevious licensee owes any state or local taxes, or has any pending chargesfor violation of this title or any Board regulation, unless the permitteeagrees to assume the liability of the previous licensee for the taxes or anypenalty for the pending charges. An application for a permit may be filedprior to the effective date of the contract, in which case the permit whenissued shall become effective on the effective date of the contract. Upon theeffective date of the permit, (a) the permittee shall be responsible forcompliance with the provisions of this title and any Board regulation and (b)the previous licensee shall not be held liable for any violation of thistitle or any Board regulation committed by, or any errors or omissions of,the permittee.
B. Nothing in subdivision 9, 10, or 11 shall authorize any brewery, winery oraffiliate or a subsidiary thereof which has supplied financing to a wholesalelicensee to manage and operate the wholesale licensee in the event of adefault, except to the extent authorized by subdivision B 3 a of § 4.1-216.
(Code 1950, §§ 4-26, 4-59, 4-61.2, 4-72, 4-77, 4-86; 1950, p. 879; 1954, cc.21, 351; 1962, c. 200, § 4-84.1; 1968, c. 7, § 4-98.16; 1972, cc. 138, 717;1974, c. 460, § 4-72.1; 1975, c. 480; 1976, c. 696; 1978, c. 436; 1984, c.53; 1986, c. 190; 1988, c. 786; 1990, cc. 442, 773; 1993, cc. 221, 866; 1994,cc. 825, 826; 1997, c. 801; 2003, c. 564; 2006, c. 826; 2008, c. 453.)
