4.1-212.1 - Permits; delivery of wine and beer; regulations of Board.
§ 4.1-212.1. Permits; delivery of wine and beer; regulations of Board.
A. Any brewery, winery, or farm winery located within or outside theCommonwealth that is authorized to engage in the retail sale of wine or beerfor off-premises consumption may apply to the Board for issuance of adelivery permit that shall authorize the delivery of the brands of beer,wine, and farm wine produced by the same brewery, winery, or farm winery inclosed containers to consumers within the Commonwealth for personalconsumption.
B. Any person located within or outside the Commonwealth who is authorized tosell wine or beer at retail for off-premises consumption in their state ofdomicile, and who is not a brewery, winery, or farm winery, may apply for adelivery permit that shall authorize the delivery of any brands of beer,wine, and farm wine it is authorized to sell in its state of domicile, inclosed containers, to consumers within the Commonwealth for personalconsumption.
C. All such deliveries shall be to consumers within the Commonwealth forpersonal consumption only, and not for resale. All such deliveries of beer,wine, or farm wine shall be performed by the owner or any agent, officer,director, shareholder or employee of the permittee. No more than four casesof wine nor more than four cases of beer may be delivered at one time to anyperson in Virginia to whom alcoholic beverages may be lawfully sold; exceptthat the permittee may deliver more than four cases of wine or more than fourcases of beer if he notifies the Department in writing at least one businessday in advance of any such delivery, which notice contains the name andaddress of the intended recipient. The Board may adopt such regulations as itreasonably deems necessary to implement the provisions of this section. Suchregulations shall include provisions that require (i) the recipient todemonstrate, upon delivery, that he is at least 21 years of age; and (ii) therecipient to sign an electronic or paper form or other acknowledgement ofreceipt as approved by the Board.
D. For purposes of §§ 4.1-234 and 4.1-236 and Chapter 6 (§ 58.1-600 et seq.)of Title 58.1, each delivery of wine or beer by a permittee shall constitutea sale in Virginia. The permittee shall collect the taxes due to theCommonwealth and remit any excise taxes monthly to the Department ofAlcoholic Beverage Control and any sales taxes to the Department of Taxation.
(2007, cc. 99, 799.)