reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-90 - Storage of alcoholic beverages generally; permits for storage; exception

Current through Register Vol. 40, No. 24, July 15, 2024
A. Alcoholic
				beverages shall not be stored at any premises other than those described in the
				license, except upon a permit issued by the board.
B. The licensee shall maintain at all times
				as a part of the records required by
				3VAC5-70-90, an accurate inventory
				reflecting additions to and withdrawals of stock. Withdrawals shall specify:
1. The name of the person making the
				withdrawal who shall be the licensee or his duly authorized agent or
				servant;
2. The amount withdrawn;
				and
3. The place to which
				transferred.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-100 - Definitions and qualifications for retail off-premises wine and beer licenses and off-premises beer

Current through Register Vol. 40, No. 24, July 15, 2024
A. Retail off-premises wine and beer licenses
				may be issued to persons operating the following types of establishments
				provided the total monthly sales and inventory (cost) of the required
				commodities listed in the definitions are not less than those shown:
1. "Delicatessen." An establishment which
				sells a variety of prepared foods or foods requiring little preparation such as
				cheeses, salads, cooked meats and related condiments:
Monthly sales
				  ......................................................... $2,000
Inventory
				  (cost)....................................................... $2,000
2. "Drugstore." An establishment
				selling medicines prepared by a licensed pharmacist according to prescription
				and other medicines and articles of home and general use:
Monthly sales
				  .......................................................... $2,000
Inventory (cost)
				  ....................................................... $2,000
3. "Grocery store." An
				establishment that sells food and other items intended for human consumption,
				including a variety of ingredients commonly used in the preparation of meals:
Monthly sales
				  .......................................................... $2,000
Inventory (cost)
				  ....................................................... $2,000
4. "Convenience grocery store." An
				establishment that has an enclosed room in a permanent structure where stock is
				displayed and offered for sale, and maintains an inventory of edible items
				intended for human consumption, consisting of a variety of such items of the
				type normally sold in grocery stores:
Monthly sales
				  .......................................................... $2,000
Inventory (cost)
				  ....................................................... $2,000
In regard to both grocery stores and convenience grocery
				  stores, "edible items" shall mean such items normally used in the preparation
				  of meals, including liquids.
5. "Gourmet shop." An establishment provided
				with adequate inventory, shelving, and storage facilities where, in
				consideration of payment, substantial amounts of domestic and imported wines
				and beers of various types and sizes and related products such as cheese and
				gourmet foods are habitually furnished to persons:
Monthly
				  sales.......................................................... $1,000
Inventory (cost)
				  ....................................................... $1,000
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-110 - Definitions and qualifications for retail on-premises and on-premises and off-premises licenses generally; mixed beverage licensee requirements; exceptions; temporary licenses

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following
				definitions shall apply to retail licensees with on-premises consumption
				privileges and mixed beverage licensees where appropriate:
1. "Bona fide, full-service restaurant" means
				an established place of business where meals are regularly sold to persons and
				that has adequate facilities and sufficient employees for cooking, preparing,
				and serving such meals for consumption at tables in dining areas on the
				premises.
2. "Counter" means a
				long, narrow surface with stools or chairs along one side for the patrons,
				behind which refreshments or meals are prepared and served.
3. "Designated area" means a room or an area
				in which a licensee may exercise the privilege of his license, the location,
				equipment and facilities of which room or area have been approved by the board.
				The facilities shall be such that patrons may purchase food prepared on the
				premises for consumption on the premises at substantially all times that
				alcoholic beverages are offered for sale therein.
4. "Dining area" means a public room or area
				in which meals are regularly sold at substantially all hours that alcoholic
				beverages are offered for sale therein.
5. "Meal" means a selection of foods for one
				individual, served and eaten especially at one of the customary, regular
				occasions for taking food during the day, such as breakfast, lunch, or dinner,
				that consists of at least one main dish of meat, fish, poultry, legumes, nuts,
				seeds, eggs, or other protein sources, accompanied by vegetable, fruit, grain,
				or starch products.
6. "Table"
				means an article of furniture supported by one or more vertical legs or similar
				supports and having a flat horizontal surface suitable for the service of
				meals, not immediately adjacent to the area where refreshments or meals are
				prepared.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-130 - Clubs; applications; qualifications; reciprocal arrangements; changes; financial statements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				applicant for a club license shall furnish the following information:
1. A certified copy of the charter, articles
				of association or constitution;
2.
				A copy of the bylaws;
3. A list of
				the officers and directors showing names, addresses, ages and business
				employment;
4. The average number
				of members for the preceding 12 months. Only natural persons may be members of
				clubs; and
5. A financial statement
				for the latest calendar or fiscal year of the club, and a brief summary of the
				financial condition as of the end of the month next preceding the date of
				application.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-140 - Prohibited conduct on licensed premises

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following conduct upon any licensed
				premises is prohibited:
1. The real or
				simulated display of any portion of the genitals, pubic hair or buttocks, or
				any portion of the breast below the top of the areola, by any employee, or by
				any other person; except that when entertainers are on a platform or stage and
				reasonably separated from the patrons of the establishment, they shall be in
				conformity with subdivision 2;
2.
				The real or simulated display of any portion of the genitals, pubic hair or
				anus by an entertainer, or any portion of the areola of the breast of a female
				entertainer. When not on a platform or stage and reasonably separate from the
				patrons of the establishment, entertainers shall be in conformity with
				subdivision 1;
3. Any real or
				simulated act of sexual intercourse, sodomy, masturbation, flagellation or any
				other sexual act prohibited by law, by any person, whether an entertainer or
				not; or
4. The fondling or
				caressing by any person, whether an entertainer or not, of his own or of
				another's breast, genitals or buttocks.
As used in this section, the term "reasonably separated"
				  shall mean that no portion of the body of an entertainer may come in contact
				  with any portion of the body of a patron.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-150 - Off-premises deliveries on licensed retail premises; "drive through" establishments

Current through Register Vol. 40, No. 24, July 15, 2024
No person holding a license which authorizes the licensee to
				  sell wine or beer at retail for consumption off the premises shall deliver such
				  wine or beer to a person on the licensed premises other than in the licensed
				  establishment. Deliveries of such merchandise to persons through windows,
				  apertures or similar openings at "drive through" or similar establishments,
				  whether the persons are in vehicles or otherwise, shall not be construed to
				  have been made in the establishments. No sale or delivery of such merchandise
				  shall be made to a person who is seated in a vehicle. Notwithstanding any
				  provision of law to the contrary, such deliveries may be made to (i) a person's
				  vehicle if located in a designated parking area of the licensee's premises
				  where such person has electronically ordered beer, wine, or farm wine in
				  advance of the delivery; or (ii) such other locations as may be permitted by
				  board regulation.
Statutory Authority: §
											4.1-111
					 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-160 - Happy hour and related promotions; definitions; exceptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Definitions. The
				following words and terms when used in this section shall have the following
				meanings unless the context clearly indicates otherwise:
1. "Happy hour" means a specified period of
				time during which alcoholic beverages are sold at prices reduced from the
				customary price established by a retail licensee.
2. "Drink" means any beverage containing the
				amount of alcoholic beverages customarily served to a patron as a single
				serving by a retail licensee.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-170 - Caterer's license; qualifications; privileges; restrictions and conditions

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Pursuant to §
									4.1-206.3A
				2 of the Code of Virginia, the board may grant a caterer's license to any
				person:
1. Engaged on a regular basis in the
				business of providing food and beverages to persons for service at private
				gatherings, or at special events as defined in §
										4.1-100
				of the Code of Virginia or as provided in §
										4.1-206.3A
				3 of the Code of Virginia, and
2.
				With an established place of business with catering gross sales average of at
				least $4,000 per month and who has complied with the requirements of the local
				governing body concerning sanitation, health, construction or equipment and who
				has obtained all local permits or licenses which may be required to conduct
				such a catering business.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-180 - Volunteer fire departments or volunteer rescue squads; banquet facility licenses; restrictions and conditions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pursuant to §
									4.1-206.3D
				2 b of the Code of Virginia, the board may grant banquet facility licenses to
				volunteer fire departments and volunteer rescue squads:
1. Providing volunteer fire or rescue squad
				services;
2. Having as its premises
				a fire or rescue squad station regularly occupied by such fire department or
				rescue squad; and
3. Being duly
				recognized by the governing body of the city, county or town in which it is
				located.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-190 - Bed and breakfast licenses; restrictions and conditions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pursuant to
				§
									4.1-206.3A
				9 of the Code of Virginia, the board may grant a bed and breakfast license to
				any person who operates an establishment consisting of:
1. No more than 15 bedrooms available for
				rent;
2. Offering to the public,
				for compensation, transitory lodging or sleeping accommodations; and
3. Offering at least one meal per day, which
				may but need not be breakfast, to each person to whom overnight lodging is
				provided.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-200 - Gift shops; wine and beer off-premises licenses; conditions; records; inspections

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Pursuant to §
									4.1-206.3C
				1 of the Code of Virginia, the board may grant retail wine and beer
				off-premises licenses to gift shops. Such gift shop may be located (i) on the
				premises or grounds of a government registered national, state or local
				historic building or site or (ii) within the premises of a museum.
B. The following restrictions and conditions
				apply:
1. A gift shop shall be defined as any
				bona fide retail store selling, predominately, (i) floral arrangements or
				handmade arts and crafts, which may include a combination of gifts, books,
				souvenirs, specialty items, collectibles, or other original and handmade
				products; and (ii) which is open to the public on a regular basis in a
				permanent structure where stock is displayed and offered for sale and which has
				facilities to properly secure any stock of wine or beer.
2. The board shall consider the purpose,
				characteristics, nature, and operation of the applicant establishment in
				determining whether it shall be considered a gift shop within the meaning of
				this section.
3. Gift shop
				licenses, pursuant to this regulation, shall be granted only to persons who
				have places of business which have been in operation for no less than 12 months
				next preceding the filing of the application.
4. Gift shop licenses shall authorize the
				licensees to sell wine and beer, which have been purchased from and received at
				the establishment from farm winery or wholesale licensees, to sell such
				alcoholic beverages unchilled only within the interior premises of the gift
				shop in closed containers for off-premises consumption, and to deliver or ship
				the same to purchasers thereof in accordance with Title 4.1 of the Code of
				Virginia and regulations of the board.
5. In granting licenses under this
				regulation, the board may impose restrictions and conditions upon purchases and
				sales of wine and beer in accordance with this regulation or as may be deemed
				reasonable by the board to ensure that the distribution of alcoholic beverages
				is orderly, lawful and only incidental to the principal business of the
				licensee. In no event may the sale of such alcoholic beverages exceed 25% of
				total annual gross sales at the establishment.
6. Every person licensed to sell alcoholic
				beverages under this regulation shall comply with
				3VAC5-70-90.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-210 - Manner of compensation of employees of retail licensees

Current through Register Vol. 40, No. 24, July 15, 2024
Employees of a retail licensee shall not receive
				  compensation based directly, in whole or in part, upon the volume of alcoholic
				  beverages sales only; provided, however, that in the case of retail wine and
				  beer or beer only licensees, nothing in this section shall be construed to
				  prohibit a bona fide compensation plan based upon the total volume of sales of
				  the business, including receipts from the sale of alcoholic
				  beverages.
Statutory Authority
§§ 4.1-103, 4.1-111 and 4.1-325 of the Code of
					 Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-220 - Interests in the businesses of licensees

Current through Register Vol. 40, No. 24, July 15, 2024
Persons to whom licenses have been issued shall not allow any
				  other person to receive a percentage of the income of the licensed business or
				  have any beneficial interest in such business; provided, however, that nothing
				  in this section shall be construed to prohibit:
1. The payment by the licensee of a franchise
				fee based in whole or in part upon a percentage of the entire gross receipts of
				the business conducted upon the licensed premises, where such is reasonable as
				compared to prevailing franchise fees of similar businesses;
2. Where the licensed business is conducted
				upon leased premises, and the lease when construed as a whole does not
				constitute a shift or device to evade the requirements of this section:
a. The payment of rent based in whole or in
				part upon a percentage of the entire gross receipts of the business, where such
				rent is reasonable as compared to prevailing rentals of similar businesses;
				and
b. The landlord from imposing
				standards relating to the conduct of the business upon the leased premises,
				where such standards are reasonable as compared to prevailing standards in
				leases of similar businesses and do not unreasonably restrict the control of
				the licensee over the sale and consumption of alcoholic beverages; or
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-230 - Dessert wines

Current through Register Vol. 40, No. 24, July 15, 2024
For the purposes of §
									4.1-206.3A
				  6 of the Code of Virginia, "dessert wines" shall mean any wine having an
				  alcohol content of more than 14% by volume, any wine whose label contains a
				  statement that it contains more than 2.0% residual sugar, or any wine described
				  on its label as a "dessert," "late harvest," or "ice" wine.
Statutory Authority: §
											4.1-111
					 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-240 - Alcoholic energy drinks

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				"Alcoholic energy drink" means an alcoholic beverage that contains caffeine or
				other stimulants.
B. Any
				establishment licensed to sell beer or wine for off-premises consumption shall
				display alcoholic energy drinks for sale immediately adjacent to other
				alcoholic beverage products, and not immediately adjacent to any nonalcoholic
				beverages.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of
					 Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-250 - Confectionery; definition; restrictions; labeling

Current through Register Vol. 40, No. 24, July 15, 2024
A. "Confectionery" means baked goods and
				candies having an alcohol content not more than 5.0% by volume.
B. Any alcohol contained in such
				confectionery shall not be in liquid form at the time such confectionery is
				sold. Such alcohol shall be fully integrated or blended into the confectionery
				product.
C. Any such confectionery
				shall only be sold to those individuals who can lawfully consume alcohol.
D. Any establishment licensed to
				sell confectioneries for off-premises consumption shall properly label the
				product with such label including:
1. Notice
				that the product contains alcohol;
2. Notice that the product can only be
				consumed off premises; and
3.
				Warning that the product should not be consumed by anyone younger than 21 years
				of age.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Section 3VAC5-50-260 - Marketplace license; qualifications; application

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following words and terms, when used
				in this section, shall have the following meanings unless the context clearly
				indicates otherwise:
1. "Bona fide customer"
				means a patron of the business enterprise that is seeking to obtain the goods
				or services of the licensee.
2.
				"Personalized experience" means goods or services catered to the specifications
				of an individual or event.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 50 - RETAIL OPERATIONS › Form - FORMS (3VAC5-50)

Current through Register Vol. 40, No. 24, July 15, 2024
Banquet License(s)-Instruction and Application, #805-4 (eff.
				  7/93).
Application for License, #805-52 (eff. 7/93).
Financial and Statistical Information: Club Type License,
				  #805-56 (eff. 4/92).
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 60 - MANUFACTURERS AND WHOLESALERS OPERATIONS › Section 3VAC5-60-10 - Solicitor salesmen; records; employment restrictions; suspension or revocation of permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				solicitor salesman employed by any out-of-state wholesaler to solicit the sale
				of or sell wine or beer shall keep complete and accurate records for a period
				of two years, reflecting all expenses incurred by him in connection with the
				solicitation of the sale of his employer's products and shall, upon request,
				furnish the board with a certified copy of such records.
B. A solicitor salesman must be 18 years old
				or older to solicit the sale of wine or beer and may not be employed at the
				same time by an out-of-state wholesaler and by a licensee to solicit the sale
				of or sell wine or beer.
C. The
				board may suspend or revoke the permit of a solicitor salesman if it shall have
				reasonable cause to believe that any cause exists which would justify the board
				in refusing to issue such person a license, or that such person has violated
				any provision of this section or committed any other act that would justify the
				board in suspending or revoking a license.
Before suspending or revoking such permit, the board shall
				  accord the solicitor salesman the same notice, opportunity to be heard, and
				  follow the same administrative procedures accorded a licensee cited for a
				  violation of Title 4.1 of the Code of Virginia.
Statutory Authority
§§ 4.1-103, 4.1-111, 4.1-212 and 4.1-229 of the
					 Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 60 - MANUFACTURERS AND WHOLESALERS OPERATIONS › Section 3VAC5-60-25 - Winery, farm winery, and brewery licenses; reports

Current through Register Vol. 40, No. 24, July 15, 2024
On or before the 15th day of each month, each winery, farm
				  winery licensee, or on or before the 10th day of each month each brewery
				  licensee shall, on forms or an electronic system prescribed by the board and in
				  accordance with the instructions set forth therein, file a report with the
				  board of sales made in the previous calendar month. Tax payment in accordance
				  with §
									4.1-234
				  or
				  4.1-236
				  of the Code of Virginia shall be made with the submission of this
				  report.
Statutory Authority: §
											4.1-111
					 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 60 - MANUFACTURERS AND WHOLESALERS OPERATIONS › Section 3VAC5-60-30 - Procedures for retail off-premises winery licenses; purchase orders; segregation, identification and storage

Current through Register Vol. 40, No. 24, July 15, 2024
A. Wine offered for sale by a retail
				off-premises winery licensee shall be procured on order forms prescribed by the
				board and provided at cost if supplied by the board. The order shall be
				accompanied by the correct amount of state wine tax levied by § 4.1-234 of
				the Code of Virginia, due the Commonwealth in cash, as defined in
				3VAC5-30-30.
B. Wine procured for sale at retail shall be
				segregated from all other wine and stored only at a location on the premises
				approved by the board. The licensee shall place his license number and the date
				of the order on each container of wine so stored for sale at retail. Only wine
				acquired, segregated, and identified as herein required may be offered for sale
				at retail.
Statutory Authority
§§ 4.1-103, 4.1-111, 4.1-207, 4.1-234 and
					 4.1-235 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 60 - MANUFACTURERS AND WHOLESALERS OPERATIONS › Section 3VAC5-60-40 - Indemnifying bond required of wholesale wine licenses

Current through Register Vol. 40, No. 24, July 15, 2024
No wholesale wine license shall be issued unless there shall
				  be on file with the board an indemnifying bond running to the Commonwealth in
				  the penalty of $2,500, with the licensee as principal and some good and
				  responsible surety company authorized to transact business in the Commonwealth
				  as surety, conditioned upon the faithful compliance with requirements of Title
				  4.1 of the Code of Virginia and the regulations of the board.
A wholesale wine licensee may request in writing a waiver of
				  the surety and the bond by the board. If the waiver is granted, the board may
				  withdraw such waiver of surety and bond at any time for good
				  cause.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 60 - MANUFACTURERS AND WHOLESALERS OPERATIONS › Section 3VAC5-60-50 - Records required of distillers, winery licensees and farm winery licensees; procedures for distilling for another; farm wineries

Current through Register Vol. 40, No. 24, July 15, 2024
A person holding a distiller's, winery or a farm winery
				  license shall comply with the following procedures:
1. Records. Complete and accurate records
				shall be kept at the licensee's place of business for a period of two years,
				which records shall be available during reasonable hours for inspection by any
				member of the board or its special agents. Such records shall include the
				following information:
a. The amount in liters
				and alcoholic content of each type of alcoholic beverage manufactured during
				each calendar month;
b. The amount
				of alcoholic beverages on hand at the end of each calendar month;
c. Withdrawals of alcoholic beverages for
				sale to the board or licensees;
d.
				Withdrawals of alcoholic beverages for shipment outside of the Commonwealth
				showing:
(1) Name and address of
				consignee;
(2) Date of shipment;
				and
(3) Alcoholic content, brand
				name, type of beverage, size of container and quantity of shipment;
e. Purchases of cider or wine
				including:
(1) Date of purchase;
(2) Name and address of vendor;
(3) Amount of purchase in liters;
				and
(4) Amount of consideration
				paid; and
f. A distiller
				employed to distill any alcoholic beverage shall include in his records the
				name and address of his employer for such purpose, the amount of grain, fruit
				products or other substances delivered by such employer, the type, amount in
				liters and alcoholic content of alcoholic beverage distilled therefrom, the
				place where stored, and the date of the transaction.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 60 - MANUFACTURERS AND WHOLESALERS OPERATIONS › Section 3VAC5-60-70 - Excise taxes; beer and wine coolers

Current through Register Vol. 40, No. 24, July 15, 2024
A. Indemnifying bond required of
				manufacturers, bottlers or wholesalers of beer and wine coolers.
1. No license shall be issued to a
				manufacturer, bottler or wholesaler of beer or wine coolers unless there shall
				be on file with the board, on a form approved or authorized by the board, an
				indemnifying bond running to the Commonwealth in the penalty of not less than
				$1,000 or more than $100,000, with the licensee as principal and some good and
				responsible surety company authorized to transact business in the Commonwealth
				as surety, conditioned upon the payment of the tax imposed by § 4.1-236 of
				the Code of Virginia and in accordance with the provisions thereof and §
				4.1-239.
2. A manufacturer,
				bottler or wholesaler of beer or wine coolers may request in writing a waiver
				of the surety and the bond by the board. The board may withdraw such waiver at
				any time for failure to comply with §§ 4.1-236 and 4.1-239 of the
				Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 60 - MANUFACTURERS AND WHOLESALERS OPERATIONS › Section 3VAC5-60-80 - Solicitation of mixed beverage licensees by representatives of manufacturers, etc., of spirits

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Generally. This section applies to the solicitation, directly or indirectly, of
				a mixed beverage licensee to sell or offer for sale spirits. Solicitation of a
				mixed beverage licensee for such purpose other than by a permittee of the board
				and in the manner authorized by this section shall be prohibited.
B. Permits.
1. No person shall solicit a mixed beverage
				licensee unless he has been issued a permit. To obtain a permit, a person
				shall:
a. Register with the board by filing an
				application on such forms as prescribed by the board;
b. Pay in advance the fee;
c. Submit with the application a letter of
				authorization from the manufacturer, brand owner or its duly designated United
				States agent, of each specific brand or brands of spirits which the permittee
				is authorized to represent on behalf of the manufacturer or brand owner in the
				Commonwealth; and
d. Be an
				individual at least 21 years of age.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 60 - MANUFACTURERS AND WHOLESALERS OPERATIONS › Section 3VAC5-60-90 - Sunday deliveries by wholesalers prohibited; exceptions

Current through Register Vol. 40, No. 24, July 15, 2024
Persons licensed to sell alcoholic beverages at wholesale
				  shall make no delivery to retail purchasers on Sunday, except to boats sailing
				  for a port of call outside of the Commonwealth, or to banquet
				  licensees.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 60 - MANUFACTURERS AND WHOLESALERS OPERATIONS › Section 3VAC5-60-100 - Employees of manufacturers and wholesalers

Current through Register Vol. 40, No. 24, July 15, 2024
If a person licensed as a manufacturer, importer, or
				  wholesaler of alcoholic beverages wishes to employ a person who has committed
				  an act that would justify the board in suspending or revoking a license under
				  subdivision 1 i of § 4.1-225 of the Code of Virginia, the licensee may
				  apply to the board for approval of such employment. The board will cause the
				  Bureau of Law Enforcement Operations to conduct an investigation into the
				  suitability of the person for employment and recommend approval or disapproval.
				  Before disapproving the employment of a person, the board shall accord him the
				  same notice and opportunity to be heard and follow the same administrative
				  procedures accorded a licensee cited for a violation of Title 4.1 of the Code
				  of Virginia.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 60 - MANUFACTURERS AND WHOLESALERS OPERATIONS › Section 3VAC5-60-110 - Contract brewing arrangements

Current through Register Vol. 40, No. 24, July 15, 2024
A licensed brewery may manufacture beer bearing the brand of
				  another not under common control with the manufacturing brewery, and sell and
				  deliver the beer so manufactured to the brand owner, provided that (i) the
				  brand owner is appropriately licensed as a brewery or beer wholesaler; (ii) the
				  manufacturing is pursuant to a written agreement between the parties; and (iii)
				  complete records of all beer manufactured, sold, and delivered pursuant to the
				  agreement are maintained by both parties.
Statutory Authority: §§ 4.1-103 and 4.1-111 of
					 the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 60 - MANUFACTURERS AND WHOLESALERS OPERATIONS › Form - FORMS (3VAC5-60)

Current through Register Vol. 40, No. 24, July 15, 2024
Purchase
				  Order, #703-34 (rev. 3/87)
Wholesale
				  Wine Distributors' Bond - Individual or Partnership Form,
				  #702-37
Wholesale
				  Wine Distributors' Bond - Corporation Form, #702-38
Wholesaler's
				  Summary of Wine Sales and Taxes, #703-40 (rev. 7/00)
Virginia
				  Farm Winery Monthly Report, #703-40A (rev. 10/12)
Malt
				  Beverage Wholesaler's Tax Report, #805-70 (rev. 5/09)
Solicitor-Salesman
				  Permit Application, #805-81 (rev. 5/08)
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Section 3VAC5-70-10 - Transportation of alcoholic beverages; noncommercial permits; commercial carrier permits; refusal, suspension or revocation of permits; exceptions; out-of-state limitation not affected

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				transportation within or through this Commonwealth of alcoholic beverages
				lawfully purchased within this Commonwealth is prohibited, except upon a permit
				issued by the board, when in excess of the following limits:
1. Wine and beer. No limitation.
2. Alcoholic beverages other than those
				described in subdivision 1 of this subsection. Three gallons.
The transportation within, into, or through this Commonwealth
				  of alcoholic beverages lawfully purchased outside of this Commonwealth is
				  prohibited, except upon a permit issued by the board, when in excess of the
				  following limits:
Alcoholic beverages, including wine and beer. Three
				  gallons.
If satisfied that the proposed transportation is otherwise
				  lawful, the board shall issue a transportation permit, which shall accompany
				  the alcoholic beverages at all times to the final destination.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Section 3VAC5-70-20 - Procedures for handling cider; authorized licensees; containers; labels; markup; age limits

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				procedures established by regulations of the board for the handling of wine
				having an alcoholic content of not more than 14% by volume shall, with the
				necessary change of detail, be applicable to the handling of cider, subject to
				the following exceptions and modifications.
B. Licensees authorized to sell beer and
				wine, or either, at retail are hereby approved by the board for the sale of
				cider and such sales shall be made only in accordance with the age limits set
				forth in this section.
C.
				Containers of cider containing less than 7.0% alcohol by volume may be sold in
				any containers that comply with federal regulations for wine and beer provided
				such containers are labeled in accordance with board regulations. Cider
				containing 7.0% of more alcohol by volume may be sold in any containers that
				comply with federal regulations for wine, provided the containers are labeled
				in accordance with board regulations.
D. If the label of the product is subject to
				approval by the federal government, a copy of the federal label approval shall
				be provided to the board.
E. The
				markup or profit charged by the board shall be $.08 per liter or fractional
				part thereof.
F. Persons must be 21
				years of age or older to purchase or possess cider.
G. The provisions of subsection A and
				subdivision B 4 of
				3VAC5-60-20 shall not be applicable
				to the sale of cider by wholesale wine licensees to retail licensees of the
				board.
Statutory Authority: § 4.1-103, 4.1-111, and 4.1-213
					 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Section 3VAC5-70-30 - Sacramental wine; purchase orders; permits; applications for permits; use of sacramental wine

Current through Register Vol. 40, No. 24, July 15, 2024
A. Purchase
				orders for sacramental wine shall be on separate order forms prescribed by the
				board and provided at cost if supplied by the board.
B. Sales for sacramental purposes shall be
				only upon permits issued by the board without cost and on which the name of the
				wholesaler authorized to make the sale is designated.
C. Requests for permits by a religious
				congregation shall be in writing, executed by an officer of the congregation,
				and shall designate the quantity of wine and the name of the wholesaler from
				whom the wine shall be purchased.
D. Wine purchased for sacramental purposes by
				a religious congregation shall not be used for any other purpose.
Statutory Authority
§§ 4.1-103, 4.1-111, 4.1-204 and 4.1-207 of the
					 Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Section 3VAC5-70-40 - Alcoholic beverages for culinary purposes; permits; purchases; restrictions

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				The board may issue a culinary permit to a person operating an establishment
				where food is prepared on the premises. The board may refuse to issue or may
				suspend or revoke such a permit for any reason that it may refuse to issue,
				suspend or revoke a license.
B.
				Spirits shall be purchased from government stores. Wine and beer may be
				purchased from retail licensees when the permittee does not hold any retail on-
				or off-premises licenses. A permittee possessing a retail on- or off-premises
				license must purchase its wine and beer from wholesale licensees. However, a
				permittee who only has an on- or on- and off-premises beer license may purchase
				its wine from a retail licensee.
C.
				Permittees shall keep complete and accurate records of their purchases of
				alcoholic beverages at the permittee's place of business for two years. The
				records shall be available for inspection and copying by any member of the
				board or its special agents during reasonable hours.
D. Alcoholic beverages purchased for culinary
				purposes shall not be sold or used for any other purpose. They shall be stored
				at the permittee's place of business, separate and apart from all other
				commodities.
Statutory Authority
§§ 4.1-103, 4.1-111, 4.1-204 and 4.1-212 of the
					 Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Section 3VAC5-70-60 - Alcoholic beverages for hospitals, industrial and manufacturing users; permits; fees; storage; suspension or revocation

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				The Virginia Alcoholic Beverage Control Authority (authority) may issue a
				yearly permit authorizing the shipment and transportation direct to the
				permittee of orders placed by the authority for alcohol or other alcoholic
				beverages for any of the following purposes:
1. For industrial purposes pursuant to a
				permit issued under 3VAC5-70-200;
2.
				For scientific research or analysis;
3. For manufacturing articles allowed to be
				manufactured under the provisions of § 4.1-200 of the Code of Virginia;
				or
4. For use in a hospital or home
				for the aged (alcohol only).
Upon receipt of alcohol or other alcoholic beverages, one
				  copy of the bill of lading or shipping invoice, accurately reflecting the date
				  received and complete and accurate records of the transaction, shall be
				  forwarded to the authority by the permittee.
The application for such permits shall be on forms provided
				  by the authority.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Section 3VAC5-70-70 - Permits for persons having alcoholic beverages distilled; limitations

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person who
				contracts with or engages a licensed distiller to manufacture spirits from
				grain fruit, fruit products or other substances grown or lawfully produced by
				such person shall obtain a board permit before withdrawing the spirits from the
				distillery's premises. The permit shall accompany the shipment at all times.
				The application for the permit shall include the following:
1. The name, address and license number, if
				any of the consignee;
2. The kind
				and quantity in gallons of alcoholic beverages; and
3. The name of the company employed to
				transport the shipment.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Section 3VAC5-70-95 - Proration of license tax for businesses destroyed by natural disaster

Current through Register Vol. 40, No. 24, July 15, 2024
The board shall make refunds of the state license tax paid
				  pursuant to subsection A of § 4.1-231 of the Code of Virginia to licensees
				  whose place of business designated in the license is destroyed by an act of
				  God, including but not limited to fire, earthquake, hurricane, storm, or
				  similar natural disaster or phenomenon, upon the following schedule:
If the destruction takes place within the first three months
				  of the license year, 75% of the license tax shall be refunded. If the
				  destruction takes place within the second three months of the license year, 50%
				  of the license tax shall be refunded. If the destruction takes place within the
				  third three months of the license year, 25% of the license tax shall be
				  refunded. No refund shall be issued if the destruction takes place within the
				  last three months of the license year.
Statutory Authority: §§ 4.1-103 and 4.1-111 of
					 the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Section 3VAC5-70-110 - Release of alcoholic beverages from customs and bonded warehouses; receipts; violations; limitation upon sales

Current through Register Vol. 40, No. 24, July 15, 2024
A. Alcoholic beverages held in a United
				States customs bonded warehouse may be released therefrom for delivery to:
1. The board;
2. A person holding a license authorizing the
				sale of the alcoholic beverages at wholesale;
3. Boats actually engaged in foreign trade or
				trade between the Atlantic and Pacific ports of the United States or trade
				between the United States and any of its possessions outside of the several
				states and the District of Columbia; or
4. Persons for shipment outside the
				Commonwealth to someone legally entitled to receive the same under the laws of
				the state of destination.
Releases to any other person shall be under a permit issued
				  by the board and in accordance with the instructions therein set forth.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Section 3VAC5-70-120 - Approval of warehouses for storage of alcoholic beverages not under customs or internal revenue bond; segregation of merchandise; release from storage; records; exception

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon
				the application of a person qualified under the provisions of § 4.1-130 of
				the Code of Virginia, the board may issue a certificate of approval for the
				operation of a warehouse for the storage of lawfully acquired alcoholic
				beverages not under customs bond or internal revenue bond, if satisfied that
				the warehouse is physically secure.
B. The alcoholic beverages of each owner
				shall be kept separate and apart from merchandise of any other
				person.
C. Alcoholic beverages
				shall be released for delivery to persons lawfully entitled to receive the same
				only upon permit issued by the board, and in accordance with the instructions
				therein set forth. The owner of the alcoholic beverages, or the owner or
				operator of the approved warehouse as agent of such owner, may apply for
				release permits, for which a charge may be made by the board.
D. Complete and accurate records shall be
				kept at the warehouse for a period of two years, which records shall be
				available during reasonable hours for inspection by a member of the board or
				its special agents. Such records shall include the following information as to
				both receipts and withdrawals:
1. Name and
				address of owner or consignee;
2.
				Date of receipt or withdrawal, as the case may be; and
3. Type and quantity of alcoholic
				beverage.