4.1-207 - Wine licenses.
§ 4.1-207. Wine licenses.
The Board may grant the following licenses relating to wine:
1. Winery licenses, which shall authorize the licensee to manufacture wineand to sell and deliver or ship the wine, in accordance with Boardregulations, in closed containers, to persons licensed to sell the wine somanufactured at wholesale for the purpose of resale, and to persons outsidethe Commonwealth for resale outside the Commonwealth. In addition, suchlicense shall authorize the licensee to (i) operate distilling equipment onthe premises of the licensee in the manufacture of spirits from fruit orfruit juices only, which shall be used only for the fortification of wineproduced by the licensee, and (ii) store wine in bonded warehouses on or offthe licensed premises upon permit issued by the Board.
2. Wholesale wine licenses, including those granted pursuant to § 4.1-207.1,which shall authorize the licensee to acquire and receive deliveries andshipments of wine and to sell and deliver or ship the wine from one or morepremises identified in the license, in accordance with Board regulations, inclosed containers, to (i) persons licensed to sell such wine in theCommonwealth, (ii) persons outside the Commonwealth for resale outside theCommonwealth, (iii) religious congregations for use only for sacramentalpurposes, and (iv) owners of boats registered under the laws of the UnitedStates sailing for ports of call of a foreign country or another state.
No wholesale wine licensee shall purchase wine for resale from a personoutside the Commonwealth who does not hold a wine importer's license unlesssuch wholesale wine licensee holds a wine importer's license and purchaseswine for resale pursuant to the privileges of such wine importer's license.
3. Wine importers' licenses, which shall authorize persons located within oroutside the Commonwealth to sell and deliver or ship wine, in accordance withBoard regulations, in closed containers, to persons in the Commonwealthlicensed to sell wine at wholesale for the purpose of resale, and to personsoutside the Commonwealth for resale outside the Commonwealth.
4. Retail off-premises winery licenses to persons holding winery licenses,which shall authorize the licensee to sell wine at the place of businessdesignated in the winery license, in closed containers, for off-premisesconsumption.
5. Farm winery licenses, which shall authorize the licensee to manufacturewine containing 18 percent or less of alcohol by volume and to sell, deliveror ship the wine, in accordance with Board regulations, in closed containers,to (i) the Board, (ii) persons licensed to sell the wine so manufactured atwholesale for the purpose of resale, § 4.1-326 notwithstanding, or (iii)persons outside the Commonwealth. In addition, the licensee may (a) acquireand receive deliveries and shipments of wine and sell and deliver or shipthis wine, in accordance with Board regulations, to the Board, personslicensed to sell wine at wholesale for the purpose of resale, or personsoutside the Commonwealth and (b) store wine in bonded warehouses located onor off the licensed premises upon permits issued by the Board. For thepurposes of this title, a farm winery license shall be designated either as aClass A or Class B farm winery license in accordance with the limitations setforth in § 4.1-219.
Such licenses shall also authorize the licensee to sell wine at retail at theplaces of business designated in the licenses, which may include no more thanfive additional retail establishments of the licensee. Wine may be sold atthese business places for on-premises consumption and in closed containersfor off-premises consumption.
6. Internet wine retailer license, which shall authorize persons locatedwithin or outside the Commonwealth to sell and ship wine, in accordance with§ 4.1-209.1 and Board regulations, in closed containers to persons in theCommonwealth to whom wine may be lawfully sold for off-premises consumption.Such licensee shall not be required to comply with the monthly food salerequirement established by Board regulations.
(Code 1950, § 4-25; 1952, c. 535; 1956, c. 520; 1962, c. 532; 1964, c. 210;1970, cc. 627, 723; 1972, c. 679; 1973, c. 343; 1974, c. 267; 1975, c. 408;1976, cc. 134, 447, 496, 703; 1977, c. 439; 1978, c. 190; 1979, c. 258; 1980,cc. 324, 526, 528, § 4-25.1; 1981, cc. 410, 412; 1982, c. 66; 1984, cc. 200,559; 1985, c. 457; 1986, c. 190; 1987, c. 365; 1988, c. 893; 1989, c. 42;1990, cc. 300, 390, 707, 810; 1991, c. 628; 1992, cc. 215, 350; 1993, c. 866;1998, cc. 77, 208; 2000, cc. 786, 1037, 1052; 2003, cc. 564, 629, 1029, 1030;2006, c. 845; 2007, cc. 558, 870, 932; 2008, c. 194.)