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2021 SESSION

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21102848D
HOUSE BILL NO. 2297 Offered January 18, 2021 A BILL to amend and reenact § 4.1-327, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to alcoholic beverage control; transfer of wine; penalty. ---------- Patron-- Plum ---------- Referred to Committee on General Laws ----------

Be it enacted by the General Assembly of Virginia:

1. That § 4.1-327, as it is currently effective and as it shall become effective, of the Code of Virginia is amended and reenacted as follows:

§ 4.1-327. (Effective until July 1, 2021) Prohibiting transfer of wine or beer by licensees; penalty.

A. No retail licensee, except (i) a retail on-premises wine and beer licensee or, (ii) a retail on-premises beer licensee, or (iii) subject to subsection B, a retail off-premises or on-and-off premises wine and beer licensee, shall transfer any wine or beer from one licensed place of business to another licensed place of business whether such places of business are under the same ownership or not.

B. A retail off-premises or on-and-off-premises wine and beer licensee may transfer wine from one licensed place of business to another licensed place of business, subject to the following conditions: (i) the transferor and transferee licensees are under common ownership or control and the transfer is made for the purpose of balancing inventory, correcting shipment errors, or other similar business needs and practices; (ii) the transferor licensee is involved in no more than one transfer in any three-month period; (iii) no more than 100 cases of wine are transferred in any three-month period; (iv) the transferor and transferee licensees are located in the assigned sales territory of the wholesale wine licensee that sold the wine to be transferred to the transferring licensee; (v) prior to the transfer, the transferor licensee obtains a permit from the Board to authorize the transfer; (vi) prior to or contemporaneous with the transfer, the transferor licensee provides notice in writing or in a verifiable electronic format to each wholesaler that distributes the wine to be transferred within the applicable sales territory, identifying (a) the transferor and transferee licensees, (b) the date of the transfer, and (c) the type and quantity of wine transferred; and (vii) following the transfer, the transferor licensee provides to the Board a statement of compliance with the permit, signed by both the transferor and transferee licensees.

C. Any person convicted of a violation of this section shall be is guilty of a Class 1 misdemeanor.

§ 4.1-327. (Effective July 1, 2021) Prohibiting transfer of wine or beer by licensees; penalty.

A. No retail licensee, except (i) a retail on-premises wine and beer licensee or (ii) subject to subsection B, a retail off-premises or on-and-off premises wine and beer licensee, shall transfer any wine or beer from one licensed place of business to another licensed place of business whether such places of business are under the same ownership or not.

B. A retail off-premises or on-and-off-premises wine and beer licensee may transfer wine from one licensed place of business to another licensed place of business, subject to the following conditions: (i) the transferor and transferee licensees are under common ownership or control and the transfer is made for the purpose of balancing inventory, correcting shipment errors, or other similar business needs and practices; (ii) the transferor licensee is involved in no more than one transfer in any three-month period; (iii) no more than 100 cases of wine are transferred in any three-month period; (iv) the transferor and transferee licensees are located in the assigned sales territory of the wholesale wine licensee that sold the wine to be transferred to the transferring licensee; (v) prior to the transfer, the transferor licensee obtains a permit from the Board to authorize the transfer; (vi) prior to or contemporaneous with the transfer, the transferor licensee provides notice in writing or in a verifiable electronic format to each wholesaler that distributes the wine to be transferred within the applicable sales territory, identifying (a) the transferor and transferee licensees, (b) the date of the transfer, and (c) the type and quantity of wine transferred; and (vii) following the transfer, the transferor licensee provides to the Board a statement of compliance with the permit, signed by both the transferor and transferee licensees.

C. Any person convicted of a violation of this section shall be is guilty of a Class 1 misdemeanor.