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2003 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 4.1-207 of the Code of Virginia is amended and reenacted as follows:
§ 4.1-207. Wine licenses.
The Board may grant the following licenses relating to wine:
1. Winery licenses, which shall authorize the licensee to manufacture wine and to sell and deliver or ship the wine, in accordance with Board regulations, in closed containers, to persons licensed to sell the wine so manufactured at wholesale for the purpose of resale, and to persons outside the Commonwealth for resale outside the Commonwealth. In addition, such license shall authorize the licensee to operate distilling equipment on the premises of the licensee in the manufacture of spirits from fruit or fruit juices only, which shall be used only for the fortification of wine produced by the licensee.
2. Wholesale wine licenses, which shall authorize the licensee to acquire and receive deliveries and shipments of wine and to sell and deliver or ship the wine, in accordance with Board regulations, in closed containers, to (i) persons licensed to sell such wine in the Commonwealth, (ii) persons outside the Commonwealth for resale outside the Commonwealth, (iii) religious congregations for use only for sacramental purposes, and (iv) owners of boats registered under the laws of the United States sailing for ports of call of a foreign country or another state.
No wholesale wine licensee shall purchase wine for resale from a person outside the Commonwealth who does not hold a wine importer's license unless such wholesale wine licensee holds a wine importer's license and purchases wine for resale pursuant to the privileges of such wine importer's license.
3. Wine importers' licenses, which shall authorize persons located within or outside the Commonwealth to sell and deliver or ship wine, in accordance with Board regulations, in closed containers, to persons in the Commonwealth licensed to sell wine at wholesale for the purpose of resale, and to persons outside the Commonwealth for resale outside the Commonwealth.
4. Retail off-premises winery licenses to persons holding winery licenses, which shall authorize the licensee to sell wine at the place of business designated in the winery license, in closed containers, for off-premises consumption and to deliver or ship the wine to the purchasers in accordance with Board regulations.
5. Farm winery licenses, which shall authorize the licensee to manufacture wine
containing eighteen 18 percent or less of alcohol by volume and to sell,
deliver or ship the wine, in accordance with Board regulations, in closed containers, to (i) the
Board, (ii) persons licensed to sell the wine so manufactured at wholesale or retail for the purpose
of resale, § 4.1-326 notwithstanding, or (iii) persons outside the
Commonwealth. In addition, the licensee may acquire and receive deliveries and
shipments of wine manufactured by the licensee and to sell and deliver or ship this
wine, in accordance with Board regulations, to persons licensed to sell wine in
the Commonwealth, § 4.1-326 notwithstanding. For the purposes of this title, a
farm winery license shall be designated either as a Class A or Class B farm winery
license in accordance with the limitations set forth in § 4.1-219.
Such licenses shall also authorize the licensee to sell wine at retail at the
places of business designated in the licenses, which may include no more than
two five additional retail establishments of the licensee. Wine may be
sold at these business places for on-premises consumption and in closed
containers for off-premises consumption, including delivery and shipment of
such wine to purchasers in accordance with Board regulations.
2. That it is the intent of the General Assembly that any provision of this act shall be severable if a court of competent jurisdiction renders a final, nonappealable decision that it is unconstitutional to confer the licensed privileges afforded by this act while simultaneously withholding comparable privileges from wineries located out of state.