Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Section 3VAC5-70-240 - Marketing portal and fulfillment warehouse approval process

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any holder of a
				wine and beer shipper's license wishing to use the services of a marketing
				portal or fulfillment warehouse, as defined in §
									4.1-209.1
				of the Code of Virginia, must use an approved marketing portal or fulfillment
				warehouse. Marketing portals or fulfillment warehouses licensed to perform such
				services by the state in which they are located may apply for approval to
				provide such services to holders of Virginia wine or beer shipper's licenses by
				letter to the Supervisor, Tax Management Section, Virginia Alcoholic Beverage
				Control Authority, requesting such approval. Each applicant shall submit as
				attachments copies of all licenses issued by the state in which its place of
				business is located that authorize the provision of the services to be
				provided. A marketing portal shall submit as attachments copies of documents
				showing that it is properly organized as an agricultural cooperative in the
				state where it is located. The board may refuse, suspend, or revoke approval if
				it shall have reasonable cause to believe that a marketing portal or
				fulfillment warehouse is not licensed to provide such services by its home
				state, that it has failed to comply with the regulations of the board, or that
				a cause exists with respect to the marketing portal or fulfillment warehouse
				that would authorize the board to refuse, suspend, or revoke a license pursuant
				to §
									4.1-100
				et seq. of Title 4.1 of the Code of Virginia. Before refusing, suspending, or
				revoking such approval, the board shall follow the same administrative
				procedures accorded an applicant or licensee under §
									4.1-100
				et seq. of Title 4.1 of the Code of Virginia and regulations of the
				board.
B. Any approved marketing
				portal or fulfillment warehouse shall, prior to performing services for a wine
				and beer shipper's licensee, enter into a written contract. The contract must
				designate the marketing portal or fulfillment warehouse as the agent of the
				shipper for the purposes of complying with the provisions of this regulation
				and §§
									4.1-206.3
				and
				4.1-209.1
				of the Code of Virginia. A copy of each such contract shall be submitted by the
				marketing portal or fulfillment warehouse to the Supervisor, Tax Management
				Section, Alcoholic Beverage Control Authority, prior to the commencement of
				services.
C. Approved fulfillment
				warehouses shall maintain for two years complete and accurate records of all
				shipments made on behalf of Virginia wine and beer shippers, including for each
				shipment:
1. Number of containers
				shipped;
2. Volume of each
				container shipped;
3. Brand of each
				container shipped; and
4. Names and
				addresses of recipients.
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.