4.1-500 - Definitions.
§ 4.1-500. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Agreement" means a commercial relationship, not required to be evidencedin writing, of definite or indefinite duration, between a brewery and beerwholesaler pursuant to which the wholesaler has been authorized to distributeone or more of the brewery's brands of beer. The doing or accomplishment ofany of the following acts shall constitute prima facie evidence of anagreement within the meaning of this definition:
1. The shipment, preparation for shipment or acceptance of any order by anybrewery for any beer to a beer wholesaler within the Commonwealth.
2. The payment by a beer wholesaler and the acceptance of payment by anybrewery for the shipment of an order of beer intended for sale in theCommonwealth.
"Beer wholesaler," "wholesaler," "beer distributor," and"distributor" mean any wholesale beer licensee, including anysuccessor-in-interest to such person, within the Commonwealth offering beerfor sale or resale to retailers or other beer wholesalers without regard towhether the business of the person is conducted under the terms of anagreement with a licensed brewery.
"Brand" means any word, name, group of letters, symbol or combinationthereof adopted and used by a brewery to identify a specific malt beverageproduct and to distinguish that product from other beers produced or marketedby that brewery or other breweries. The use of general corporate logos orsymbols or the use of advertising messages, whether appearing on the productpackaging or elsewhere, shall not be considered to be a brand, brandextension, or part thereof as these terms are used in this chapter.
"Brand extension" and "extension of a brand" mean any brand, whichincorporates all or a substantial part of the unique features of apreexisting brand of the same brewery and which relies to a significantextent on the goodwill associated with such preexisting brand.
"Brewery" means every person, including any authorized representative ofsuch person pursuant to § 4.1-218 which (i) is licensed as a brewery locatedwithin the Commonwealth, (ii) holds a beer importer's license and is notsimultaneously licensed as a beer wholesaler, or (iii) manufactures any maltbeverage, has title to any malt beverage products excluding licensed Virginiawholesalers and retailers or has the contractual right to distribute underits own brand any malt beverage product whether licensed in the Commonwealthor not, who enters into an agreement with any beer wholesaler licensed to dobusiness in the Commonwealth.
"Dual distributorships" means the existence of agreements between a singlebrewery and more than one wholesaler in a given territory as the result of apurchase of another brewery.
"Nonsurviving brewery" means any brewery which is purchased by anotherbrewery as provided in § 4.1-504 and, as a result, ceases to exist as anindependent legal entity.
"Person" means a natural person, corporation, partnership, trust, agency,or other entity as well as the individual officers, directors or otherpersons in active control of the activities of each such entity. "Person"also includes heirs, assigns, personal representatives and conservators.
"Purchase" includes, but is not limited to, the sale of stock, sale ofassets, merger, lease, transfer or consolidation.
"Surviving brewery" means a brewery which purchases a nonsurviving breweryas provided in § 4.1-504.
"Territory" or "sales territory" means the area of sales responsibilitywithin the Commonwealth expressly or impliedly designated by any agreementbetween any beer wholesaler and brewery for the brand or brands of any brewer.
(1978, c. 579, § 4-118.4; 1985, c. 549; 1987, c. 247; 1991, c. 628; 1993, c.866; 1997, c. 801.)