A.
Any out-of-state person or entity qualified for a delivery permit pursuant to
§
4.1-212.1 of the Code of Virginia
must apply for such permit by submitting the Retail License Application form
for such permit. The applicant shall attach (i) a photocopy of its current
license as an alcoholic beverage retailer that is authorized to sell wine or
beer at retail for off-premises consumption, issued by the appropriate
authority for the location from which deliveries 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. Delivery permittees and licensees with
delivery privileges pursuant to §§
4.1-212.1 and
4.1-212.2 of the Code of Virginia
shall maintain for two years complete and accurate records of all deliveries
made under the privileges of such permits, including for each delivery:
1. Number of containers delivered;
2. Volume of each container
delivered;
3. Brand of each
container delivered;
4. Names and
addresses of recipients;
5.
Signature of recipient; and
6.
Price charged for the wine or beer delivered.
The records required by this subsection shall be made
available for inspection and copying by any member of the Virginia Alcoholic
Beverage Control Authority (authority) or its special agents upon
request.
C. On
or before the 15th day of each month, each delivery permittee and licensees
with delivery privileges pursuant to §
4.1-212.1 of the Code of Virginia
shall file with the authority a report of activity for the previous calendar
month if any deliveries were made during the month for which the licensee or
permittee is required to collect and remit excise taxes due to the authority
pursuant to §
4.1-212.1 H of
the Code of Virginia. Such report shall include the following information for
each delivery:
1. Number of containers
delivered;
2. Volume of each
container delivered;
3. Brand of
each container delivered;
4. Names
and addresses of recipients; and
5.
Price charged for the wine or beer delivered.
Unless previously paid, payment of the appropriate beer or
wine tax imposed by §
4.1-234 or
4.1-236 of the Code of Virginia
shall accompany each report. If no wine or beer was sold and delivered in any
month, the permittee shall not be required to submit a report for that
month.
D. All
deliveries by holders of delivery permits and licensees with delivery
privileges pursuant to §
4.1-212.1 of the Code of Virginia
shall be performed by the owner or any officer, director, shareholder, employee
of the permittee or licensee, or third-party delivery licensee.
E. No more than four cases of wine nor more
than four cases of beer may be delivered at one time to any person, except that
a permittee or licensee may deliver more than four cases of wine or more than
four cases of beer if the permittee or licensee notifies the authority in
writing at least one business day in advance of such delivery. Any notice given
pursuant to this section shall include the number of containers to be
delivered, the volume of each container to be delivered, the brand of each
container to be delivered, and the name and address of the intended
recipient.
F. When attempting to
deliver alcoholic beverages pursuant to a delivery permit or license privilege
pursuant to §
4.1-212.1 of the Code of
Virginia, an owner, officer, director, shareholder, employee of the permittee
or licensee, or third-party delivery licensee 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; however, a signature shall not be
required so long as the licensee verifies at the time of delivery that the
recipient is 21 years of age or older; ensures that the recipient's bona fide
identification, as described in
3VAC5-50-20 B,
bears a photograph that reasonably appears to match the appearance of the
recipient; and records the recipient's name and date of birth and the address
to which the alcoholic beverages were delivered.
The owner, agent, officer, director, shareholder, employee of
the permittee or licensee, or third-party delivery licensee shall refuse
delivery when the proposed recipient appears to be younger than 21 years of age
and refuses to present valid identification. All retail permittees or licensees
delivering alcoholic beverages pursuant to this section shall affix a
conspicuous notice in 16-point type or larger to the outside of each package of
alcoholic beverages delivered in the Commonwealth, in a conspicuous location,
stating: "CONTAINS ALCOHOLIC BEVERAGES; RECEIPT BY PERSON AGED 21 YEARS OR
OLDER REQUIRED FOR DELIVERY." Such notice shall also contain the delivery
permit number of the delivering permittee or license number of the licensee and
shall be affixed to the package even if the product is delivered in the
manufacturer's original sealed container. Third-party delivery licensees shall
not deliver any alcoholic beverages that do not bear the required
label.
Notes
3
Va. Admin. Code §
5-70-225
Derived from
Virginia Register Volume 26, Issue 2, eff. October 28, 2009; 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.
