3 Va. Admin. Code § 5-30-50 - Solicitation of licensees by wine and beer solicitor salespersons or representatives

A. A permit is not required to solicit or promote wine or beer to wholesale or retail licensees, including mixed beverage licensees, by a wine or beer solicitor salesperson who represents any winery, brewery, wholesaler, or importer licensed in the Commonwealth engaged in the sale of wine and beer. Further, a permit is not required to sell, which shall include the solicitation or receipt of orders, wine or beer to wholesale or retail licensees, including mixed beverage licensees, by a wine or beer solicitor salesperson who represents any winery, brewery, or wholesaler licensed in the Commonwealth engaged in the sale of wine and beer.

B. A permit is required to solicit or promote wine or beer to wholesale or retail licensees, including mixed beverage licensees, by a wine or beer solicitor salesperson or representative of any out-of-state wholesaler engaged in the sale of wine or beer. A permit under this section shall not authorize the sale of wine by the permittee, the direct solicitation or receipt of orders for wine, or the negotiation of any contract or contract terms for the sale of wine unless such sale, receipt, or negotiations are conducted in the presence of a licensed Virginia wholesaler or importer or such Virginia wholesaler's or importer's solicitor salesperson or representative. In order to obtain a permit, a person:

1. Shall register with the Virginia Alcoholic Beverage Control Authority (authority) by filing an application on such forms as prescribed by the authority; and

2. Shall be 18 years of age or older to solicit or promote the sale of wine or beer; may not be employed at the same time by an out-of-state wholesaler engaged in the sale of wine or beer and by a licensee to solicit the sale of or sell wine or beer; and shall not be in violation of 3VAC5-30-20.

C. Each permit shall expire yearly on June 30 unless sooner suspended or revoked by the authority.

D. Solicitation and promotion under this chapter may include educational programs regarding wine or beer for mixed beverage licensees but shall not include the promotion of or educational programs related to spirits or the use of spirits in mixed drinks unless a spirits solicitor's permit has been obtained in addition to a solicitor's permit.

E. For the purposes of this chapter, the soliciting or promoting of wine or beer shall be distinguished from the sale of such products, the direct solicitation, or receipt of orders for alcoholic beverages or the negotiation of any contract or contract terms for the sale of alcoholic beverages. This chapter shall not be deemed to regulate the representative of a manufacturer, importer, or wholesaler from merely calling on retail licensees to check on market conditions, the freshness of products on the shelf or in stock, the percentage or nature of display space, or the collection of similar information where solicitation or product promotion is not involved.

Notes

3 Va. Admin. Code § 5-30-50

Derived from VR125-01-3 §5, eff. December 12, 1985; amended, Virginia Register Volume 3, Issue 1, eff. November 12, 1986; Volume 4, Issue 6, January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 7, Issue 4, eff. December 19, 1990; Volume 8, Issue 6, eff. January 15, 1992; Volume 9, Issue 6, eff. January 13, 1993; Volume 10, Issue 11, eff. March 23, 1994; Amended, Virginia Register Volume 38, Issue 01, eff. 1/1/2022; Amended, Virginia Register Volume 41, Issue 11, eff. 2/12/2025.

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.