Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 60 - MANUFACTURERS AND WHOLESALERS OPERATIONS › Section 3VAC5-60-60 - Wine or beer importer licenses; conditions for exercise of license privileges

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				addition to complying with the requirements of §
									4.1-206.1
				of the Code of Virginia, pertaining to wine and beer importer licenses, holders
				of wine and beer importer licenses must comply with §
									4.1-218
				in order to exercise the privileges of such licenses. The board shall approve
				such forms as are necessary to facilitate compliance with § 4.1-218.A ny
				document executed by, or on behalf of, brand owners for the purpose of
				designating wine or beer importer licensees as the authorized representative of
				such brand owner must be signed by a person authorized by the brand owner to do
				so. If such person is not an employee of the brand owner, then such document
				must be accompanied by a written power of attorney which provides that the
				person executing the document on behalf of the brand owner is the
				attorney-in-fact of the brand owner and has full power and authority from the
				brand owner to execute the required statements on its behalf. The board may
				approve a limited power of attorney form in order to effectuate the aforesaid
				provision.
B. When filing the list
				required by §
									4.1-218
				of the Code of Virginia of all wholesale licensees authorized by a wine or beer
				importer to distribute brands of wine or beer in the Commonwealth, wine and
				beer importer licensees shall comply with the provisions of the Wine and Beer
				Franchise Acts pertaining to designations of primary areas of responsibility in
				the case of wholesale wine licensees and designation of sales territories in
				the case of wholesale beer licensees.
C. In the event that, subsequent to the
				filing of the brand owner's authorization for a licensed importer to import any
				brand of wine or beer, the importer makes arrangements to sell and deliver or
				ship additional brands of wine or beer into this Commonwealth, the privileges
				of its license shall not extend to such additional brands until the licensee
				complies with the requirements of §
									4.1-218
				of the Code of Virginia and this section in relation to each such additional
				brand. Likewise, if the brand owner who has previously authorized a licensed
				importer to import one or more of its brands of wine or beer into this
				Commonwealth should, subsequent thereto, withdraw from the importer its
				authority to import such brand, it shall be incumbent upon such importer to
				make a supplemental filing of its brand owner authorizing documents indicating
				the deletion of any such brands of wine or beer.
D. The foregoing provisions of this
				regulation shall not impair contracts in existence or entered into prior to
				July 1, 1991, between the licensed importer and its supplier or brand
				owner.
Statutory Authority: §
											4.1-111
					 of the Code of Virginia.