Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Section 3VAC5-70-220 - Wine or beer shipper's licenses, Internet wine retailer licenses, and Internet beer retailer licenses; application process; common carriers; records

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
				person or entity qualified for a wine and beer shipper's license license
				pursuant to §
									4.1-209.1
				of the Code of Virginia, or an Internet wine and beer retailer license pursuant
				to subdivision F 2 of - §
									4.1-206.3
				of the Code of Virginia, must apply for such license by submitting form 805-52,
				Application for License. In addition to the application, each applicant shall
				submit as attachments a list of all brands of wine or beer sought to be shipped
				by the applicant, along with the board-assigned code numbers for each brand or
				a copy of the label approval by the appropriate federal agency for any brand
				not previously approved for sale in Virginia pursuant to
				3VAC5-40-20
				that will be sold only through direct shipment to consumers.
If the applicant is not also the brand owner of the brands
				  listed in the application, the applicant shall obtain and submit with the
				  application a dated letter identifying each brand, from the brand owner or any
				  wholesale distributor authorized to distribute the brand, addressed to the
				  Supervisor, Tax Management Section, Virginia Alcoholic Beverage Control
				  Authority, indicating the brand owner's or wholesale distributor's consent to
				  the applicant's shipping the brand to Virginia consumers.
The applicant shall attach (i) a photocopy of its current
				  license as a winery, farm winery, brewery, or alcoholic beverage retailer
				  issued by the appropriate authority for the location from which shipments 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. Any brewery, winery, or farm
				winery that applies for a shipper's license or consents to the application by
				any other person, other than a retail off-premises licensee, for a license to
				ship such brewery's, winery's, or farm winery's brands of wine or beer shall
				notify all wholesale licensees that have been authorized to distribute such
				brands in Virginia that an application for a shipper's license has been filed.
				Such notification shall be by a dated letter to each such wholesale licensee,
				setting forth the brands that wholesaler has been authorized to distribute in
				Virginia for which a shipper's license has been applied. A copy of each such
				letter shall be forwarded to the Supervisor, Tax Management Section, by the
				brewery, winery, or farm winery.
C.
				Any holder of a wine and beer shipper's license or Internet wine and beer
				retailer's license may add or delete brands to be shipped by letter to the
				Supervisor, Tax Management Section, designating the brands to be added or
				deleted. Any letter adding brands shall be accompanied by any appropriate
				brand-owner consents or notices to wholesalers as required with an original
				application.
D. Any brand owner
				that consents to a holder of a wine and beer shipper's license or Internet wine
				and beer retailer's license shipping its brands to Virginia consumers may
				withdraw such consent by a dated letter to the affected wine and beer shipper's
				licensee or Internet wine and beer retailer's licensee. Copies of all such
				withdrawals shall be forwarded by the brand owner, by certified mail, return
				receipt requested, to the Supervisor, Tax Management Section. Withdrawals shall
				become effective upon receipt of the copy by the Tax Management Section, as
				evidenced by the postmark on the return receipt.
E. Wine and beer shipper's licensees and
				Internet wine and beer retailer's licensees shall maintain for two years
				complete and accurate records of all shipments made under the privileges of
				such licenses, including for each shipment:
1.
				Number of containers shipped;
2.
				Volume of each container shipped;
3. Brand of each container shipped;
4. Names and addresses of recipients;
				and
5. Price charged.
The records required by this subsection shall be made
				  available for inspection and copying by any member of the board or its special
				  agents upon request.