A. Any
person or entity qualified for a wine and beer shipper's license pursuant to
§
4.1-209.1 of the Code of
Virginia, or an Internet wine and beer retailer license pursuant to §
4.1-206.3 F 2 of
the Code of Virginia, must apply for such license by submitting the Retail
License Application form. In addition to the application, each applicant shall
submit as attachments a list of all brands of wine or beer sought to be shipped
by the applicant, along with the authority-assigned code numbers for each brand
or a copy of the label approval by the appropriate federal agency for any brand
not previously approved for sale in Virginia pursuant to
3VAC5-40-20 that will be sold only
through direct shipment to consumers.
If the applicant is not also the brand owner of the brands
listed in the application, the applicant shall obtain and submit with the
application a dated letter identifying each brand, from the brand owner or any
wholesale distributor authorized to distribute the brand, addressed to the
Virginia Alcoholic Beverage Control Authority (authority), indicating the brand
owner's or wholesale distributor's consent to the applicant's shipping the
brand to Virginia consumers.
The applicant shall attach (i) a photocopy of its current
license as a winery, farm winery, brewery, or alcoholic beverage retailer
issued by the appropriate authority for the location from which shipments will
be made and (ii) evidence of the applicant's registration with the Virginia
Department of Taxation for the collection of Virginia retail sales tax.
B. Any brewery, winery, or farm
winery that applies for a shipper's license or consents to the application by
any other person, other than a retail off-premises licensee, for a license to
ship such brewery's, winery's, or farm winery's brands of wine or beer shall
notify all wholesale licensees that have been authorized to distribute such
brands in Virginia that an application for a shipper's license has been filed.
Such notification shall be by a dated letter to each such wholesale licensee,
setting forth the brands that wholesaler has been authorized to distribute in
Virginia for which a shipper's license has been applied. A copy of each such
letter shall be forwarded to the authority by the brewery, winery, or farm
winery.
C. Any holder of a wine and
beer shipper's license or Internet wine and beer retailer's license may add or
delete brands to be shipped by letter to the authority designating the brands
to be added or deleted. Any letter adding brands shall be accompanied by any
appropriate brand-owner consents or notices to wholesalers as required with an
original application.
D. Any brand
owner that consents to a holder of a wine and beer shipper's license or
Internet wine and beer retailer's license shipping its brands to Virginia
consumers may withdraw such consent by a dated letter to the affected wine and
beer shipper's licensee or Internet wine and beer retailer's licensee. Copies
of all such withdrawals shall be forwarded by the brand owner, by certified
mail, return receipt requested, to the authority. Withdrawals shall become
effective upon receipt of the copy by the authority, as evidenced by the
postmark on the return receipt.
E.
Wine and beer shipper's licensees and Internet wine and beer retailer's
licensees shall maintain for two years complete and accurate records of all
shipments made under the privileges of such licenses, including for each
shipment:
1. Number of containers
shipped;
2. Volume of each
container shipped;
3. Brand of each
container shipped;
4. Names and
addresses of recipients; and
5.
Price charged.
The records required by this subsection shall be made
available for inspection and copying by any member of the authority or its
special agents upon request.
F. On or before the 15th day of each month,
each wine and beer shipper's licensee or Internet wine and beer retailer's
licensee shall file with the authority either in paper form or electronically
as directed by the authority, a report of activity for the previous calendar
month. Such report shall include:
1. Whether
any shipments were made during the month; and
2. If shipments were made, the following
information for each shipment:
a. Number of
containers shipped;
b. Volume of
each container shipped;
c. Brand of
each container shipped;
d. Names
and addresses of recipients; and
e.
Price charged.
Unless otherwise paid, payment of the appropriate beer or
wine tax shall accompany each report.
G. All shipments by holders of wine and beer
shipper's licenses or Internet wine and beer retailer's licenses shall be by
approved common carrier only. Common carriers possessing all necessary licenses
or permits to operate as common carriers in Virginia may apply for a permit to
provide common carriage of wine or beer, or both, shipped by holders of wine
and beer shipper's licenses or Internet wine and beer retailer's licenses, by
application. The authority may refuse, suspend, or revoke approval if it shall
have reasonable cause to believe that a carrier does not possess all necessary
licenses or permits, that a carrier has failed to comply with the regulations
of the authority, or that a cause exists with respect to the carrier that would
authorize the authority to refuse, suspend, or revoke a license pursuant to
Title 4.1 of the Code of Virginia. Before refusing, suspending, or revoking
such approval, the authority shall follow the same administrative procedures
accorded an applicant or licensee under Title 4.1 of the Code of Virginia and
regulations of the authority.
H.
When attempting to deliver wine or beer shipped by a wine and beer shipper's
licensee or Internet wine and beer retailer's licensee, an approved common
carrier shall require:
1. The recipient to
demonstrate, upon delivery, that the recipient is at least 21 years of age;
and
2. The recipient to sign an
electronic or paper form or other acknowledgment of receipt that allows the
maintenance of the records required by this section.
The approved common carrier shall refuse delivery when the
proposed recipient appears to be younger than 21 years of age and refuses to
present valid identification. All licensees shipping wine or beer pursuant to
this section shall affix a conspicuous notice in 16-point type or larger to the
outside of each package of wine or beer shipped within or into the
Commonwealth, in a conspicuous location stating: "CONTAINS ALCOHOLIC BEVERAGES;
SIGNATURE OF PERSON AGED 21 YEARS OR OLDER REQUIRED FOR DELIVERY." Such notice
shall also contain the wine and beer shipper's or Internet wine and beer
retailer's license number of the shipping licensee. No approved common carrier
shall accept for shipment any wine or beer to be shipped to anyone other than a
licensee of the authority unless the package bears the information required by
this subsection.
I. Approved common carriers shall maintain
for two years complete and accurate records of all shipments of wine or beer
received from and delivered for wine and beer shipper's licensees or Internet
wine and beer retailer's licensees including for each shipment:
1. Date of shipment and delivery;
2. Number of items shipped and
delivered;
3. Weight of items
shipped and delivered;
4.
Acknowledgment signed by recipient; and
5. Names and addresses of shippers and
recipients.
The records required by this subsection shall be made
available for inspection and copying by any member of the authority or its
special agents upon request.
J. On or before the 15th day of each month,
each approved common carrier shall file with the authority a report of activity
for the previous calendar month. Such report shall include:
1. Whether any shipments were delivered
during the quarter; and
2. If
shipments were made, the following information for each shipment:
a. Dates of each delivery;
b. Names and address of shippers and
recipients for each delivery; and
c. Weight of items shipped and
delivered.
Notes
3
Va. Admin. Code §
5-70-220
Derived from
Virginia Register Volume 21, Issue 19, eff. June 29, 2005; amended, Virginia
Register Volume 24, Issue 14, eff. May 1, 2008; amended, Virginia Register
Volume 30, Issue 6, eff. December 18, 2013; amended, Virginia Register Volume
36, Issue 22, eff. Augest 8, 2020; Amended,
Virginia
Register Volume 38, Issue 01, eff.
1/1/2022; Amended,
Virginia
Register Volume 41, Issue 11, eff.
2/26/2025.
Statutory Authority: §§
4.1-103 and
4.1-111 of the Code of
Virginia.
